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Item C02
C2 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 June 18, 2025 Agenda Item Number: C2 2023-4002 BULK ITEM: Yes DEPARTMENT: Facilities Maintenance TIME APPROXIMATE: STAFF CONTACT: Willie DeSantis n/a AGENDA ITEM WORDING: Approval of a First Amendment to Agreement with Master Mechanical Services, Inc. for Lower Keys HVAC Maintenance and Service at County facilities to increase the contract amount by the CPI-U of 2.9% and update provisions to bring the contract current with certain County, State, or Federal required contract provisions. Funding is Ad Valorem. ITEM BACKGROUND: On July 17,2024, the BOCC approved a Bid Award Agreement for Master Mechanical Services, Inc. for Lower Keys HVAC Maintenance and Service with an initial(2)year term commencing on August 1, 2024 and terminating on July 31, 2026, with an option to renew for up to an additional four(4) one-year periods. Total Value of Contract is $169,000. PREVIOUS RELEVANT BOCC ACTION: July 17, 2024 The BOCC approved a Bid Award Agreement with Master Mechanical Services, Inc. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: First Amendment with Master Mechanical Services, Inc. to increase the contract by a CPI-U of 2.9% and update certain County, State, or Federal required contract provisions STAFF RECOMMENDATION: Approval DOCUMENTATION: 1 st Amendment Lower Keys HVAC Lower Keys Contract - Master Mechanical COI Master Mechanical 109 FINANCIAL IMPACT: Effective Date: 8/1/2024 Expiration Date: July 31,2026 Total Dollar Value of Contract: $338,000 Total Cost to County: $338,000 Current Year Portion: $169,000 Budgeted: Yes Source of Funds: Ad Valarem-20501,20505,20503 CPI: 2.9% Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts : N/A Revenue Producing: NA If yes,amount:NA Grant:No County Match: No Insurance Required: Yes Additional Details: 110 FIRST AMENDMENT TO AGREEMENT FOR LOWER KEYS HVAC MAINTENANCE AND SERVICE-- MULTIPLE LOCATIONS,MONROE COUNTY, FLORIDA This First Amendment to the Agreement for Lower Keys HVAC Maintenance and Service- Multiple Locations dated July 17, 2024 ("Original Agreement") is made and entered into this lgth day of June, 2025 between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, the address of which is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., a Florida Profit Corporation ("Contractor"), the address of which is 15181 Northwest 33`d Place, Miami, Florida 33054, collectively ("the parties"). WITNESSETH WHEREAS, on July 17, 2024, the COUNTY and CONTRACTOR entered into the Original Agreement; and WHEREAS, the COUNTY desires to increase payment amounts by the annual CPI-U increase adjustment of two and nine-tenths percent (2.9%), with an effective date of August 1, 2025, pursuant to the terms of the Original Agreement; and WHEREAS, the parties desire to amend the Original Agreement to correct and/or update provisions to bring it current with certain County, State, or Federal required contract provisions; and WHEREAS, the parties have found the Original Agreement, as amended, to be mutually beneficial; and WHEREAS, the parties find that it would be mutually beneficial to amend their Original Agreement and enter into this First Amendment to the Original Agreement. NOW,THEREFORE,IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. Paragraph 6. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR), Subparagraph D of the Original Agreement is amended to reflect new contract payment amounts pursuant to the annual CPl-U change with an effective date of August 1, 2025, Paragraph 5(D) of the Original Agreement is replaced with the following: D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be included in the following amounts of- 1 N Labor — Normal working hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $123.48 per hour, mechanic $149.21 per hour, senior mechanical specialist $200.66 per hour, mechanic plus helper $200.66 per hour, senior mechanical specialist plus helper Overtime rate for hours other than the normal working hours as stated above, including holidays: $169.79 per hour, mechanic $174.93 per hour, senior mechanical specialist $252.11 per hour, mechanic plus helper $252.11 per hour, senior mechanical specialist plus helper There shall be no additional charges to the County for travel, mileage, meals, or lodging. The Contractor shall submit itemized invoices in writing. For invoicing purposes, the hours shall be calculated in fifteen (15) minute increments. 2. In accordance with Paragraph 6, Subparagraph F. (CONTRACT SUM AND PAYMENTS TO CONTRACTOR)of the Original Agreement,the Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U) or 3%, whichever is less, for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation or 3%, whichever is less, as of December 31 of the previous year. The CPI-U on December 31, 2023, was two and nine-tenths percent (2.9%), and, thus, the parties desire to increase the payments by two and nine-tenths percent(2.9%),which is the equal or lesser amount, with an effective date of August 1, 2025. 3. Paragraph 10, PUBLIC RECORDS COMPLIANCE, of the original agreement is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: 2 M 10. PUBLIC RECORDS COMPLIANCE The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter It 9, 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 Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: A. Keep and maintain public records that would be required by the County to perform the service. B. 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. C. 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. D. Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. 3 d E. 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. a 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, PUBLICRECORDS MONROECOUNTY-FL.GOV PHONE NO. 305- 292-3470. 4, Paragraph 15, NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY, of 1 the original agreement is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: 15. NONDISCRIMINATION I E UAL EMPLOYMENT OPPORTUNITY The Contractor and County agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates x without any further action of the part of any party, effective the date of the court order, The 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 V1I 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 1X 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 4 s L0 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 290ec-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; S) Title VIII of Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination of the basis of disability; 10) Monroe County Code Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Equal Employment Opportunity. Except as otherwise provided under 41 CFR Pail 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 (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Camp., p. 339)as amended by Executive Order It 375,Amending Executive Oi-der 11246 Relating to Equal Employment Opportunit); and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R. Part 200, Appendix I1,¶C, agrees as follows: A. 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. Stich 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. 5 cfl B. 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. C. 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. D. Tile 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. E. 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. F. The Contractor will fiirnish 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. G. 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. 6 ti H. The Contractor will include the portion of the sentence immediately preceding Paragraph (A) and the provision of Paragraphs (A) through (H) 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, I965, 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 II, 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 assurance of future compliance has been received from such applicant; and refer the case to the Department of Justice for appropriate legal proceedings. 7 00 5. Paragraph 44, EXECUTION IN COUNTERPARTS, of the original agreement is hereby amended by deleting the paragraph in its entirety and replacing it with the following paragraph: 44. EXECUTION IN COUNTERPARTS 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 transmitting an electronic signature will provide the inked original to the County, at the County's request. 6. Subparagraph 50.15, Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. § 200.216, of the original agreement is hereby amended by deleting the subparagraph in its entirety and replacing it with the following subparagraph: 50.15 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. 4 200.216. 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, Public Law No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after August 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: a) Procure or obtain any equipment, system, or service that uses covered telecom m Lin icatioils equipment or services as a substantial or essential component of any system, or as critical technology of any system; 8 b) 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; c) 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 technology as part of any system; or d) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, 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 as part of any system. C. Exceptions. 1. This clause does not prohibit contractors from providing— a) A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or b) 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: a) Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. D. Reporting Requirement. 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 part of any system,during contract performance,or the contractor is notified of such by a subcontractor at any tier or by any other 9 0 N 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 (13)(1)of this clause: a) 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. b) Within 10 business days of submitting the information in Paragraph (D)(2)(a) 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 fiiture use or submission of covered telecommunications equipment or services. E. Subcontracts, The Contractor shall insert the substance of this clause, including this Paragraph (E), in all subcontracts and other contractual instruments. 7. The Original Agreement is hereby amended to add the following as Subparagraph 50.21, Build America, Buy America Act(BABAA), and shall read as follows: 50.21 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 regeiirement in the Build America, Buy America Act shall file the required certification to the 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, Public Law No. 117-58, §§ 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 10 V_ N 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. 8. The Original Agreement is hereby amended to add the following as Subparagraph 50.22, Socioeconomic Contracting, and shall read as follows: 50.22 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. 9. The Original Agreement is hereby amended to add the following as Subparagraph 50.23, Copyright, and shall read as follows: 50.23 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 the preparation of derivative works and distribution of copies to the public,and to 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 acquire 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 including,but not limited to,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 County 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. 10. The Original Agreement is hereby amended to add the following as Subparagraph 50.24, Providing Good Safe Jobs to Workers, and shall read as follows: 50.24 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 11 N N 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. 11. The Original Agreement is hereby amended to add the following as Subparagraph 50.25, Buy Clean, and shall read as follows: 50.25 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 greenhouse-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. 12. Except as set forth in Paragraphs I through I I of this First Amendment to the Original Agreement, in all other respects, all the terms and conditions of the Original Agreement, dated July 17, 2024, as amended, not inconsistent herewith, shall remain in full force and effect. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 12 m CN IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA By: By: As Deputy Clerk Mayor MONROE COUNTY ATTORNEYS OrME APPROVED AS TO FORM Date: -��TANT 0OU9"ATTOANV DATE: 4m28m2Q25 Witnesses for CONTRACTOR: CONTRACTOR: MASTER MECHANICAL SERVICES, INC. Signature of person authorized to A Signature legally bind CONTRACTOR Date: 4301 D6 Print Name Print Name and Title Address: u� 3Z js . Telephone Number S c14 date Print Name 13 dq N lerk of theCircuit Court Comptroller— Iorlro County, Florida. DATE: September 3, 2024 ,ro William DeSantis„ Director Facilities Maintenance C"hnssy Collins Executive Administrator Alice Stervou Contract Monitor FROM: Liz Yongue, Deputy Clerk The following items have been executed and added to the record: C8 Agreement with Master Mechanical Services, Inc., in an annual not to exceed amount of 169,00 .00 for Lower Keys 1•-1V C" Maintenance and Serviceat Multiple lA�rcations in Monroe C'OLrrrty. Funding is Ad. Valorem, C"'10 Agreement with Master Mechanical Services, Inc. in are annual arnount.not to exceed $158,000.00 for Middle Keys H '#AC Maintenance and Service at Multiple ulti le Locations in. Monroe County. Funding is Ad Valorem, C"11 Agreement with Master Mechanical Services, Inc., in an annual anaoUnt not to exceed 1 „fy0C.00, for Upper Keys HVAC Maintenance and Service at Multiple Locations in Monroe C"ornrty. Funding is Ad Valorem. Should you have any questions please feel free to contact me at(30 ) 92-3 5t1_ cc' County Attorney Finance File KEY WEST MARATHON PLANTATION ION ICE 0 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida O Plantation Key, Florida 33070 125 AGREEMENT FOR LOWER KEYS [VAC MAINTEtNANCE ALO) SERVICE - MULT IPLE LOCATIONS11 MONROE C(IUNTV, FLORIDA This Agreement is made and entered into this J 7th day of July,2024, between MONROE COUNTY, FLORIDA ("Count), i "Owner...), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC.,a Florld(z For Profit Corpoi*etfion,authorized to do business in the State of Florida, ("Contractor"), whose address is 15181 NW 33 Place, Mianii, Florida 33054. WHEREAS, (,ounty desires to contract for the performance of the, work and/or services described in Exhibit "A"' and identified as the Scope of Work, which is for Lower Keys I IVAC Maintienfinceand Service fit,Multiple l-ocations iii Monroe County ("Project"); find WHEREAS, Contractor desires to and is able to perform the work and/or scivices, described in the attached Exhibit "A";and WHEREAS, it serves a legitimate public purpose for Contractor to perform the Nvork andlor ,services for Monroe County as described in the attached Exhibit"A"; OW, 'I'll EREFORE, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Contract Documents consist of this Agreement and any amendments executed by (lie parties hereafter, the Request liar Proposals ("UP") dMinlentS, and any addenda issued prior to the execution of this Agreement, including the response to the RFP, exhibits, and all required iMirancc documentation and ficenses. The Contract represents (lie entire and integrated agreement between the parties heteto and supersedes prior negotiations, representations, or agreements, either written or oral. In (lie event of a discrepancy between the documents, precedence shall be determined by the order ofthe documents as just listed, 2. SCOPE OF WORK The Scope of Work shall include, but trot be limited to,.all work and/or services shown and listed for (lie locations, as noted in Exhibit "A", which is attached hereto and made as part hereof' The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall flurnish all labor, supervision, materials, power tools, equipment, SlippliCS, perm its, if any are necessary,and any other nicans of construction or work necessary or ptq)er for performing and completing the Scope of'Work,unless otherwise specifically stated,or asaincrided throughoot (lie term of this Agreement. At times, (lie County may request additional services for the, repair, replacement, or upgrade of major components, parts, or equipment as noted in Exhibit "A", The Contractor shall be responsible for the scheduling of services required per the Scope of Work, so as each task is satisfactorily completed. AGREEMENT Page I of 53 126 3. TERM OF AGREJEMI" NT The initial term of this Agrecluent shall be for two(2)years which shall commence on August 2024, and will terminate oil July 3 1, 2026, unless terminated earlier under Paragraph 27 or this Agreement. The County shall have the option to renew this Agreement for up to an additional four (4)one- year periods oar terms and conditions mutually agreeable to tile parties, exercisable upon written notice given at least thirty (30)days prior to the end ofthe initial term. thiless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial terra of two (2)years. 'Flic County is not required to state a reason if it elects not to renew, 4. MRSONNEL 'Fhe Contractor will be responsible lbi, (he supervision, hiring, and tiring ol'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 thatt at least one(1)of its personnel per building can communicate well in the English language with [lie County Representative, Any employee hired by the Contractor will be (lie Contractors employee read in no way has any association with the County. The Contractor shall i'nsure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, and all other applicable local, State, and Federal regulations. Uniforms are preferred for Contractor's personnel-, however, photo identification cards arc required, which shall clearly identiPy personnel as employees of the Contraicton This requirement shall apply upon entering County property and at Lill tiniesAgreenlent while on duty. 5. BACKGROUND CHECKS/FINGERPRINTING Contractor employees must consent to Level Orie background checks and the results arc to be provided to the County within thirty (30) days ofaward of the contract. The County reserves tile right to refuse personnel based oil results of tile background check. '11le Comity reserves the right to demand orthe Contractor replacement ofan employee fior the Contractor if a conflict or problem with that emifloyee should arise. T'he County's Facilities Maintenatice Director or his designee shall have the right to require any employce(s)orthe Contractor to be permanently removed From any County facility serviced by the Contractor whenever it appears to be in tile best interest of the COUnty. It is the responsibility oftlic Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check within five (5)days ol'such employment. The Contractor will be responsible for the supervision, hiring, and firing, of their own employees,and shall be solely responsible for the pay,worker's compensation insurance,and benefits. Sorne: work will be conducted at secure facilities, including, but not linlited to Corrections/Detention facilities, law enforcement,, and fliv rescue. Background checks, including art a 111illiMUTIA: A. Warrairts,cheek; B, Fingerprints; C. Local Records check*, AGREEMENT Page 2 of 53 127 D. Prior Employment check; and F.Criminal I listoty check are required,of Contractor's personnel that will enter Monroe County Sherill's Off cc ("MCSO") Facilities. Background checks oil such personnel will be conducted by time MCSO, MC SO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the.judgment or MC SO, poses a risk to the security or good order of the facility, Thereafter, MCSO and the Conti-actor wil I immediately discuss resolution or the problem. If the problem is not resolved to the skit i sfaction of the MCSO, tile employce shall not be permitted to return to any facility operated by the MCSC.). 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 crinie, Failure by Contractor to notify Comity of such arrest or conviction within forty-eight (48) hours of being put oil notice by the elllplOyeC/Aibcontractor and/or within rive (5) days or its,occurrence shall constitute grounds for immediate termination of this contract by Comity. The parties ftirther agree that failure, by Contractor to perform any of (lie 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. CONTRACI'SUMAN)t PAYMENTS TO CONTRACTOR A. C00111y'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 I'laynient Act; payment will be made after delivery and inspection by County alld Upon submission of a proper invoice by Contractor. B. Contractor shall subiii-it to Cou nty invoices with supporting docunientat ion acceptable to the (..'Ierk, on a monthly schedule in arrears, For monthly maintenance. Contractor shall subinit to the County repair invoices with supporting documentation acceptable to the Clerk, at completion of tile repair by the Contractor and said work approved by an appropriate County representative, to be paid at time earliest date possible following completion of the repair, Acceptability to the Clerk is based oil generally accep(cd accounting priticiptes,and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. An Application for Payment Details form is attached hereto as,Exhibit"B"and made a part hereof. Payment may be withheld for failure of Contractor to comply with a term', condition, or requirement of this Agreement. Monroe County's Fiscal Year is October I" through September 30tgh. All outstanding invoices niust be submitted for payment within ten (10) days of the: end of the Fiscal Year to avoid non-payment of those services. C. The County shall pay the actual cost ol'parts, materials, and refrigerants, excluding freight, equipment rental, tax amounts, surcharges, and services supplied by others pm-chased AGREEMENT Page,3 of 53 128 firom the inanufaCtUrerplus Fifteen percent(151/u)to Fu I ri I I tile ob I igat ions o r the Contract. The C'ounty shall pay the actual cost of equipment rentals plus Five percent (5%), to fulfill (lie obligations of the Contract. Delivery fees, travel, mobilization lees, tax aniounts, and surcharges are excluded from rriark 'up. Freight, delivery and mobilization fees, tax oniounts, surcharges,and services supplied by others shall be reimbursed for amounts charged. Parts will be paid at the wholesale cost, plus Fifteen percent (1.51/o), on all parts listed on the Stock Paris Price I...is( provided by Con(ractor and approved by (lie County attached hercto as Attaclutient "A" and made a part Itereof. Manufacturers invoice must accompany all pails not identified on the approved Stock Parts Price List when Submitting requests for payment. Freight invoices must accompany all orders that require shipping,or transportation of parts whether [lie pail is 1,111der warranty or not, D. The cost or labor used by the Contractor to fitillill the obligation of the Contract will be calculated using the rates set forth in the Contractors bid as follows- Labor--Normal working hours of 8M a,im to 5M p.rii,, Monday through Friday, excluding holidays, $1 20M per hour, mechanic $145.00 per hour, senior mechanical spee ia list $195.00 per hour, mechanic plus helper $195,00 per hou'r, senior mechanical specialist plus helper Oveilinie rate for hours other than the normal working 110LIVS as stated above, including holidays: $165.00 per hour, niechunic $170.00,per hour, senior mechanical specialist $245.00 per hour, mechanic plus helper $245,00 per hour, senior mechanical specialist plus helper I'liere sitoll be no additionol chorges to the Coititolfir travel, infle age, meals, ar toe1g,ing. Contractor shall submit itemized butwices in ivriling. For in voicing purinmeN, the hot&.v shall be ealculated in,fifteen (1)minute increllients. E� Total Compensation to Contractor under this Agreement shall not exceed ONE HUNDRED SIXTY-Nil"" E,ri-iouSAND AND OO/100($169,000,00')Dolkirs atuitiolly,unless pre-approved work requiring additional ftinds is implemented an(] approved by the Board of County Cominissioners. The County will request quotes for additional services as set Forth in Paragraph 2nand Exhibit "A" hercin. F. TlieCojilract -,ii-notitlt rimy bea(l.itiste(iini,itially inn i,ccorclaiieewitli the l)ej-ceii!tagechaiigc in the U.S. Department of Cominerce Consumer Price Index for all Urban Consuniers (CPl- U),as repoctcd by the II& Bureau of Labor Statistics,or three percent(3%),whichever is less, and shall be based upon the C11141 computation on December 3 1st orthc previous year, or Ifirce percent,Qno ,whichever is less. AGREEMENT Page 4 of 53 129 7. LICENSF,' Contractor has, and shall maintain throughout the term of this Agreement, appropriate license's, Proof of such licenses shall be submitted to the County Upon execution of this Agreement and annually thereafter or upon any renewal. 8. MAINTENANCE OF 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 fi,orn (lie termination of this Agreement or for a period of five, (5)years frorn the submission ofthe final expenditure report as per 2 CFR §200334, 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 nannies 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' tatules, rosining froin the date the monies were paid to the Contractor. 9. RIGHT TO AUD11' Availability of Recoi-ds, The records ofthe 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 discords earned, insurance rebates and dividends; any other supporting evidence deerned 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 infiorniation and matters that may in County's or the County Clerk's reasonable Judgn'ient have any bearing on or pertain to any, matters, rights, duties,orobligations underor covered by any contrac(doCUMCD((all foregoing hereinafter mferred to as "'Records")shall be open to inspection and subject to audit and/or reproduction by Coun(y's representative and/or agents or the County Clerk. County or County Clerk may also conduct verifications such as, but not lirnited to, counting employees at the Job site, witnessing the distribution of payroll, verifying payroll computations,,overhead corriptitations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and anIOUnt',through interviews and Nvrit(cii confirmations with employees, subcontractors,, suppliers, and contractors' representatives, All records shall be kept for seven (7) years after Final Completion of the Project. ject. 71"he County Clerk possesses the independent airthority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor ctuployed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for PUPOSCS not klUthorized by this Agreement, or were wrongfully retained by the Contractor,the Contractor shall repay(lie monies together with interest calculated pursuant to See, 55.03, Florida Statutes, running from the date the monies were paid to ithe Contractor, 'Flie Right 10 Aledil prOViSiO11S Survive the termination or expiration of this Agreement, AGREEMENT Page 5 of 53 130 101 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 ol'the Constitution ofFlorida, The County and Contractor shall allow and permit reasonable access to, and inspection of, kill documents, records, papers, letters or other "public record" materials in its possession or Linder 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 perlorniance,, The County shall have tile right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of tile Contractor to abide by the terms of this provision shall be deerned a material breach of this contract and the County may enforce the terms of this provision in the fori-n of a court proceeding and shall, as a prevailing party, be entitled to reinibUI-SCRIC111 of all attorney's fees and costs associated with that proceeding. '['his provision shall survive any termination or expiration of the contract. 'I'he Contractor is encouraged to consult with its advisors about Florida Public Records, Law in order to comply with this provision. Pursuant to Flit, Stat., Sec� 119.0701, and the terms and conditions of this contract, the Contractor is required to: (1) Keel) and nisintain public records that would be required by the County to perform: the service. (2) Upon reciticst 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 exenipt from public records disclosure requirenle tits 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 tile Contractor or keep and maintain public records that would be required by the County to PC601111 tile SerViCC. If the Contractor transfers all public records 10 the COLVILY Upon completion of the contract, tile Contractor shall destroy any duplicate public records that are exempt or confidential and exempt front public records disclosure requirements. 11"the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. Ali records, stored elcatlonicalty must be provided to the County, upon request from the County's custodian of record%, in a format that is compatible with the information technology systems of the County. (5) A reclucst 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 tile I'cqLtcs!lcd records, tile County shall iinnicdia(ely notify the Contractor of the request, and the Contractor must provide the records to the Count), or allow the records to be inspected or copied within a reasonable tinge. If the Contractor does not comply with the County's request for records, the County shall enforce 'tile 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 file Contractor. A Contractor who fails to provide the public records to the County or pursuant to AGREEMENT Page 6 ot'53 131 a valid public records request within a reasonable time inay be subject to penalties under Section 119.10, Florida Statntes, Tile Contractor shall not transfer custody,,release,after,destroy,or otherwise dispose of any public records unless or otherwise provided in this provision or as othemisc provided by law. IF THE CONTRACTOR HAS QUESTIONS RECARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR 'S DUTY TO PROVIDE PUBLIC If RELATING TO THIS CONTRACT, CONTACT TRE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY,, AT PHONE NO. 305-,292-3470, BRADLEY- BRIANLt)M0NR0EC0UNTY-FL.G0V, , , MONROE COUNTY ATTORNEY'S OFFICE, tIII 12TH STREET,-SUJTE 408, KEY WEST, FL, 33040. 11, HOLD HARMLESS,INDEMNIFICATION, AND DEFENSE Notwithstanding any minis urn insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify, and hold (lie County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of' action, (H)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 at-expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified part), by reason of, or in connection with, (A) any activity of the Contractor Or ally Of its employees, agents, COTI(ractors or other invitees during the term of this Agreement, (B)the negl igence or recklessness, intentional wrongful misconduct, errors or other wrongfitil act or onlissioll,of tile 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 tile clahns,actions,causes of action, litigation,proceedings, costs or expenses arise frorn the intentional or sale negligent acts or ornissions, of the County or any of its employees, agents, contractors or invitees (other than the. Contractor). The monetary limitation of liability under this Agreement shall be equal to the dollar value of the contract and not less than $1 million per Occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set foilh in tile insurance requirements included in Paragraph 12 herein, Insofar as the ClaillIS, 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 orally, earlier termination of this Agreement. In the event that tile completion of the project (to include the work of' others) is delayed or suspended as a result of the Contractor s fifliure to purchase or maintain tile required insurance, tile,Contractor shall indemnify the County from any and all increased eXPCIISCS resulting frOln 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 OCCUITIng thereby and shall forther defend any claim or action oil the County's behalf. AGRELIMENT Page 7 of 53 132 Tile extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Departnient of Eniergency Management, and its offlicers 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 titifized, by the Contractor in tile 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 Nviiver of the State of 11,1orida and the (County) Agency's sovereign immunity, 12. INSURANCE Con tractor shall obtain,and inaintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requireme-lit's provided for in this Agreement shall be subject to annual review. 'I'lie Contractor nnust keel)in full force and effect the insurance described during the (crrn of this Agreement. If the insurance policies originally purchased that ,net the requirements are canceled, terminated, or reduced ill 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. Vrior to execution of this Agreement,Contractors hall ffirnish the County Certificates of Insurance indicating the minimum coverage limitations in Ille following amounts-, 0 WORKERS COMPENSATION AND EMPLOYER'S LIABILTIV INSURANCE. Where applicable,coverage to apply for all employees at minimum statutory limits as required I�y Florida Law,and Employee's Liability coverage in the aniount of$500 000.00 bodily injury by accident,$500,000,00 bodilyinjury by disease,policy limits,sand$100 000.00 bodily, injury by disease,each employee. is COMPRE HENS,IVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than S300,000.0 per occurrence, combined single firnit for Bodily Injury Liability atidPropet-ty Damns geLiability, If single limits are provided,the minimum acceptable I im its are $200 00.00 per p 000,0 erson, $3�O00 per occurrence, and $200,000.00 property darnage. ,0 Coverage shall include all owned vehicles,all non-owned vehicles,, and all hired vehicles, 0, COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than S1.000,000.00 per occurrence combined single limit for Bodily Injury Liability and Prop etly Damage Liability. 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 provided if. AGREEMENT Page 8 of 53 133 requested. Each policy certificate shall be endorsed with a provision (flat not less than thirty (30) calendar days' written notice shall be provided to the County before ally policy or coverage is canceled or restricted. The underwriter of such insurance shall be qtWified to do business in the State of Florida. 11"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'Conlractor to comply with the insurance rcquirements of this section shall be cause for imulediate termination of this Agreement. a NROE, COVNTY BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL IA'SURE,DOAI,ILLPOLICIE,SE,XCE,PT"JYORKFR'S('0.4fPk,NSAiltON. 1, . 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 Nvaiver of immunity to the extent of liability coverage, nor shall ally Agreement entered into by the County be required to contain any provision for waiver, 14. INDEPENDENT CONTRACTOR At all times and lbr all purposes;under this Agrcerneni Contractor is all independent contractor and not all employee of the Board of County Commissioners of Monroe County. No staternent contained in this Agreement shall be construed so as to find Contractor or any of its employces, subcontractors, servants, or agents to be crnployees of the Board of County CornrnisAoners of Monroe County. 15, NONDISCRIMINATION/ EQUAL tail" 111,0VMV?,N'r OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any parson,and it is expressly Understood that upon as determination by a court of competent jurisdiction that discrimination has occurred, this Agrccrilent automatically terminates Without ally flurther 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 V1l of the Civil Rights Act of 1964 (PI, 88-352) which prohibits discrimination in eniploynient on the basis of race, color, religion,sex,or national origin;2)Title IX of the Education A mendnient of 1972,as amended(20 USC ss. 11681-1683,and 168S-1686),Nvilich prohibits discrimination on the basis of sex;3)Section 504 of(lie Rehabilitation Act of 1973,as amended(20 USC s,794),which prollibits discrimination oil the basis of disabi lity; 4)Tile Age Discrimination Act of 1975, as amended(42 USC ss. 6 101- 6107)which prohibits discrimination on the basis of age;5)Tile Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrivnination on the basis 0f drug abuse;6) Tile Comprehensive Alcohol Abuse and Alcoholism Prevention,Trcatnient and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscritnitration on the basis of alcohol abuse or ,0coholisai; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ce-3), as amended, relating to confidentiality of alcohol and drug abuse patient records;8)Title AGREEMENT gage 9 of 53 134 Will of Civil Rights Act of 1968 (42 USC & 3601 et seq.), as amended, relating to nondiscriiiiination 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 bask of disability; 10)Monroe County Code Chapter 14,Article ll,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 pat-ties to, or the su�jcct matter of, (his Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal FDnI.)Iq)1)nent OPPorinnily(3O Fe(L Rcg. 12319, 12935, 3 C,FR, Part, 1964-1965 Comp.,p, 339)as amended by Executive Order 11375, Amending Execialve Or&r 11246 Relming to Eqtial Entplqymenl Opportunity, and implementing regulations at 41 CER, Part 60 (Office of Federal Contract Compliance Prograins, Equal Employment Opportunity, Department of Labor), sjqg 2 CYX Part 200, Appendix 11,11 C,agrees as tbilows: 1) The, Contractor will not discriminate against any employee or applicant for ernployment 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, dernotion, or transfer, recruitment, or recruitment advertising; layoff or termination; rates of pay or other forrns of compensation; an(] selection (or training, including apprenticeship. 'Fhe Contractor agrees to post in conspicuous places, available to employees and applicants tbr employment, notices to be provided setting forth the,provisions of this nondiscrimination clause. 2) I'he Contractor will, in all solicitations or, advettisenicaits for employees placed by or on behaW of the Contractor, state that all qualified applicants will receive consideration for employment without regard to race, CO]Or, religion, Sex, SeXU81 orientation, gender identity, or national origin, 3) The Contractor will not discharge or in any other inanner discriminate against any employee or applicant for employment because such employee or applicant has inqUiredabout, discussed,or disclosed (lie cornpensatioi) ofthe employee or applicant or another employee or applicant. This provisiou shall not,apply to instances in %vhich an employee, who has access to the compensation information of other employees or applicants as as 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 as l'ormal cornplaint or charge, in ffirtherance of an investigation, proceeding, hearing, or action, including un investigation conducted by the employer, or is consistent with the Contractor's legal duty to furnish information. AGREEMENT Page 10 of 53 135 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 COTISPiCUOMS places available to employees and applicants for employment. 5) 'I'lie C',ontractor will comply with all provisions of Executive Order 11246 of September 24, 1 65, and of the rules,regulations, and relevant orders of the Secretary of Labor. 6) The Contractor will furnish all information and mportsi-equired by Executive Order 11246 of Scptcmbcr 24, 1965, and by the rules, regulations, and orders of the Secretary ol'Labor, or pursuant thereto, and will permit access to his books., records, and accounts by the administering agency and the Secretary of Labor Cor PLII'PGSeS 01' iIINTStigati011 to ascertain compliance with such rules, regulations,and orders. 7) 1 n the event of the Contractor's non-compl irince wit lithe nondiscrimination clauses of th is contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in Nvhole 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 EXeCLItive Order 11246 of September 24, 1965, and such other sanctions rnay 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 ininiediately preceding paragraph (1) and (lie provision of' paragraphs (1) through (8) in every subcontract or purchase order unless exempted by Riles, 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 bindilIg Upon,each subcontractor or vendor. The Contractor will take such action with respect to any SUbcontract or purchase order as the administering agency n-tay direct as a means of enforcing such provisions, including sanctions lbr 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 I-CSUII of such direction by the administering agency the Contractor may requcst the United States to enter into such litigation to protect the interests of the United States, 16. ASSIGNMENXtSUBCONTRACT Contractor shall no (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 ofMonroc COLInty,which approval shall be sub ect to such conditions and provisions as the Board may deern necessary. This paragraph shall lie incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreenient. Unless expressly provided fbi- therein, such approval shall in no manner or event be deerned to impose,any additional obligation upon the Board. AGRrEMENT ).age I I of 53, 136 17. COMPLIANCE WIT H LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this Agreement, Contractor shall abide by -,ill laws, of the Federal and State govcrinrent, ordinances, rules, and regulations pci-taining 'to, or regulating the provisions of, such services, ineloding those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the J�ederal and State governrnent, Any violation of said statutes,ordinances,rules,and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminatc this Agreement. Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term Of this Agreement. 18. PUBLIC ENTITY CWME INF011MATION STATEMPWr "A person or affiliate,who has been placed on the convicted vendor list following a conviction for a public entity crime inay 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 as public entity for the construction or repair of public building or public work, may not submit bids, proposals, or retakes on leases of real property to a public entity, may, not be awarded or perform work as a Construction Manager, supplier, subcontractor, or COnSUlftint 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 297,017, Florida Statutes, for CATEGORY TWO, for a period of thirty-six (36) months from the date of being Illaecd on the convicted Vendor list." 19. ETHICS CLAUSE "Contractor warrants that he/she/it had not employed, retained, or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010- 1990 or any County officer or employee in violation of Section 3 oft rdinance 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 ful I arnount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee," 21). CO,NVENANT OF NO INTERLi S County and Contractor covenant that neither presently has any interest, and shall not acquire ally interest, either direct or indirect, which would conflict in any manner or degree with its performance under this contract, as provided in Sec. Il12.311, cL seq., Florida Statutes, and the only interest ofeach is to perforra and receive benefits as recited in this Agreement. 21, CQDE OFETHICS County agrees that officers and employees ofthe County recognize and wil I be required to comply with the standards of conduct for public officers and employees as delineated in Section 112313, Florida Statutes, regarding, but not limited to, solicitation or,acceptance of gills; doing business with ones agency,unauthorized compensation;IniSL19C of public position;,conflicting,employment or contractual relationship; and disclosure or use of certain information. 22. NQ SOLWYrATION/PAYMENT AGREEMENT Page 12 of 53 137 County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person,other than, a bona fide employee working solely for it,to solicit or secure, this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent LIJ)On or resulting From (fie award or making of this Agreement. for the breach or violation of the provision, the Contractor agrees that the COLInty shall have the right to tenninate this Agreement without liability and, at its, discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, (:ornrnission, percentage, gill, 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,obligationjudgment,lien,or any form of indebtedness, Coiitractoi�further wvkiriiitits and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 24, NOTICE RE,!QIJIftT,'MENT' ill wri n 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 pro- paid, or by courier with proof ol"delivery. The,place ot'giving Notice shall remain the same asset forth herein until changed in writing in the manner provided in,, this paragraph, Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U. , Mail upon verified receipt Or LIJ)011 the,date of refusal or non-acceptance of delivery. Notice shall be sent to the l"ollowing persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Master Mechanical Services, Inc. Facilities Mainwnance Department 15181 NW 33 Place 123 Overseas Highway Rockland Key Miami, FL 33054 Key Wcst, FL 33040 and County Attorney I I 11 12"' Street, Suite 408 Key West, FL 33040 25. E-VERIF'Y SYSTEM Beginning January 1, 2021, in accordance with Fla. Stat, See. 448,095�, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of I lomeland Security's F- Verify system to verify the Nvorkauthorization status of all newernployees hired by (lie 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 IJ.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term, Any subcontractor shall provide an affidavit stating AGREEMENT Page 13 of 53 138 that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and lie subject to the ptiwisions;ofFla. Stat., Sec. 448,095. 26. TAXES County is exempt from payment of Florida Sote Sales and Use taxes. Contractor shall not be exenipted by virtue ofthe County-s exemption from paying sales tax to its Suppliers for Materials used to fulfill its obligations under this cojitract nor is Contractor authorized to use the County's Tax Exemption Nuinber in securing such materials. Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this AgreemenC 27, TERMINATION A. Irn 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' writtcn notification to the Contractor. B Either of the parties hereto may cancel this Agreement without cause by giving (lie other party nincty (90) days' written notice of its intention to do so with neither party having any further obligation undcr the ternis.of the contract upon termination. C. Termination for Cause and Renicdies: In the event of breach of any contract tennis, the County retains the right to terminate this Agreement. The County may also terminate this Agreement fior cause Nvith Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seven (7)calendar days' written notice and: provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, (lie Agreement will be terminated for cause. If the County termina(es this Agreement with the Contractor, County shall pay Contractor the surn due the Contractor Under this Agreement prior to terinina(ion,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 fbr daniagcs caused by the breach. The maximum arnount due to Contractor shall not in any event exceed (lie spending cap in (his Agreement, In addition, the County reserves all rights available to recoup nionies 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. (),'("et,iTiit)atioiifoi°Coiiveiiieiice., 'rheCoL,itity rimy termitiatc this Agt-ceiiieiitfoi-cotiveiiielice, at any time, upon ninety(90)days' written notice to Contractor. If(lie County terminates this Agreement with the Contractor,County shall pay Contractor the suin due the Contractor under this Agreement prior to termination, unless (lie cost of completion to the County exceeds (lie funds remaining in(lie contract. The maximuni anIOUnt due to Contractor shall not exceed the spending cap in this Agreenient. AGREEMENT Page 14 of 53 139 E. Scrutinized Conipanics: For Conti-acts of any amount, if the County determines that tile Contractor/Consultant, haS SUbmitted a false Cellikilti011 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 Agreenient after it has given tile 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 tile 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 CO"tl-aCt0l-/C011SUltR1lt submitted a false certification under Section 287.135(5),Florida Statutes,(lie County shall have the option of(1)immediately terminating the Agreement after it [ins given tile, Contractor/Consultant written notice and all Opportunity to demonstrate the agency's detcrtnination of false certification was, in error pursuant to Section 287,135(5)(�i), Florida Statutes, or (2) maintaining the Agreernesit if the conditions of Section 287'.1325(4), Florida Statutes,are illet, (2) [fore,Contractor/Consultant has been placed oil the Scrutinized Companies with Activities in the, Sudan List,or if(lie 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 ill Cuba or Syria, the County shall have the option of terminating the Agreement or (2) maintaining the Agreement, at time County's option, if the conditions of Section 28T 135(4), Florida Statutes,are inct. 28. MECHANIC'S LIENS Time Contractor shall not permit any mechanic's lien or liens,to be placed oil any of the Locations or on improvements thereon, If a mechanic's lien is filed, it shall be the sole responsibi lily of tile 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 hen. Pursuant to Section 713.23, Fla. Stat., the liens authorized ill Chap, 713, Fla, SUIL,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 Hens. 29, GOVERNING LAW AND VENUE This Agreement shall be govertied by an(] construed ill accordance with the laws of tile State of Florida applicable to Agreements made and to be performed entirely in the State. In time event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor of that venue will fie in (lie appropriate court or before the appropriate administrative body in Monroe County, Florida. The parties waive their rights to trial by jury, 30. INTERPRE TATION AND MEDIATION The County and Contractor agree that, in the event of conflicting interpretations of the ternis or a term ofthis Agreement by or between any of thern the issue shall be submitted to mediation prior, to time institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreernent shall be in accordance with the Florida Rules of'Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. AGRLEMENT Page 15 of 53 140 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, (lie remaining terms, covenants, conditions, and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition, and provision of this,Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement, The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that conies as close as possible to the intent of the stricken provision. 32. ATTORNEVS 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 unforcement or interpretation ol'this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket expenses, as at) award against the non-prevailing party, at all levels of the court systern, including in appellate proceedings. 33. ADJUDICATION OF DISPUTES OR DISAGR.EEMENT,S County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties, The Contractor and County representative shall try to resolve the claim or dispute with ineet and confer sessions. It' the issue or issues are still not resolved to the satisfaction of Ilic 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 tertnination or cancellation. 34, CQOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the forrnation, exccution, pertbrinaticc,-or breach ofthis Agreement, County and Contractor agree to participate, to (lie extent required by the other party, in all proceedings, hearings, processes, inectings, and other activities related to the substance of this Agmenient 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 EFFECA' The terms, covenants, conditions, and provisions of this Agrecincrit shall bind and inure to the benefit of County and Contractor kind their respective legal representatives, successors, and assigns 36. AUTHORITY Each party represents and warrants to the other that (lie execution, delivery, and perrormance,of' this Agreement have been dilly 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 Neely, voluntarily, and with advice of counsel AGREEMENT Page 16 of 53 141 37. CLAIMS FOR FEDERAL OR ST ATE AID Contractor and County agree that each shall be, and is,empowered to apply for, seek, and obtain Federal and state Funds to rurther 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 Protect will be provided to each party. 38. PRIVILEGE S AND IMMUNITIES All of the privileges and irnnum i ties from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, Nvorkers' corn pensat ion, and other benefits which al piy to the activity of officers, agents, or employees of any public agents or employees of the County, when perfionning their respective functions Under this Agreen-tent within the territorial limits of the Courity shall apply to the sam degree and extent to the perforniance of such functions and ditties of'such officers, agents, volunteers, or employees outside the territorial limits ofthe County, 39. LEGAL, OBLIGATIONS AND RE SPONSIBILITIES This Agreement is not intended to, nor shall it lie COnStrUed as, relieving any participating entity front ally obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the perilornumcc may be offered ir satisfaction,of the obligation or responsibility, 40. NON-DELEGATIO-N OF CONsu'ru'riONAL 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 pernlitted by the Florida COnStitUtiOn, state statute, and case law. 41. NON-RELIANCE 13Y NON-PARTIES No person or entity shall be entitled to rely Upon the terms, or any of"theist, of this Agreement to enforce or attempt to enforce awry third-party claim or entitlement to or benefit of ally service or program contemplated hereunder,arid the County and(lie Contractor agree that neither the COLInty nor the Contractor or any agent,offleer, or employee of either shall have the authority to inform, COUnscl, 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 Yi-thics Statement, and a Drug-Free WorkplaceStatemeilt. 43. NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a,covenant or agreemcnt of ally member, officer, agent, or cunployee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally oil this Agreement or be subject to ally personal liability or accountability by reason of the execution of this Agreement. AGREEMENT Page 17 of 53 142 44. EXE,CUTION IN COUNTERPARTS This Agreement may be executed ill any number ofcounlerparts, each of which shall be regarded as at) original, all of which taken together shall constitute one and the same instrument and any of the Parties hereto may execute this Agreement by signing any Such counterpart., 45. UNCONTROLLABLE CIRCUMSTANCE Any delay or 111ill.We OFC-ither 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 flault or negligence and that Iby 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, lire, earthquake, explosion, tropical storm, WITiCalIC Or other declared ClIlergerICY in the geographic area of the Project; (c) war, invasion, hostilities(�vllether 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 low in the geographic area of tile Project; (c)actions, embargoes,or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of[lie Project; (each, a "Uncontrollable Circumstance"). Contractors financial, inability to performs, 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 all Uncontrollable Circumstance, Or as soon as possible after such Uncontrol[able Circumstance has occurred if reasonably anticipated,and the anticipated duration of'such Uncontrollable Circumstance, Contractor Shall Use all diligent efforts to end tile Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are rninit-nized and resume I'till performance under this Agreement, I'lle County will not pay additional cost as a result of an U ncontro I[a tile Circumstance. The Contractor may only seek a no cost Change Order or Amendment for such reasonable tinie a as the Owner's Representative may determine, 46. PAIZAGIZAPII HEADINGS Paragraph headings,have been inserted in this Agreement as a matter ofconvenience of reference only, and it is agreed that such paragraph headings are not as part ofthis Agreement and will not be used it) the interpretation of any provision of this Agreement, 47. COMMON CARRIElt RES PONSI'm u'rit r.s If Contractor is a common carrier,as defined by Section 908.111, Florida Statutes, then Contractor hereby may not willfully provide any service during the Contract term in furtherance of transporting as 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, I'lle 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 (lie terms ofthis provision shall be deemed a niaterial breach of this contract and the County may enforce the ternis of this provision in (lie form of a court proceeding and shall, its a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding, "rhis provision shall survive any termination or expiration of tile contract. 48. IN CAI RPORA'FION OF'RFP DOCIUM.EN I'S 'I'lle terms and conditions of the RFP documents are incorporated by reference in this contract agreement. AGREEMENT Page IS of 5.3 143 49. ANNUAL APPROPRIATION "The County's performance and obligation to pay under this Agreement is contingent tipon all annual appropriation by the Board, or county Commissioners, In the event that the COLInty funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no flurther obligation under the terms of this Agreement to (lie Contractor beyond that already 111CUITed by the termination date. 50. FEDERAL CONTRACT REQUIREMENTS The Contractor and its sub-contractors inust follow the provisions, as applicable, as set forth in 2 CYK §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, §§7401-7671%) and the Federal Water Pollution Control Act (33 U.SfA Lj 25 1-1_; 7,as,,ii-ncticiLLcILCoti(iactor agrees to comply with all applicable standards, orders orregWations iSSLIed pursuant to the Clean Air Act,as amended(42 US,Cr§§7401-7671q) and (lie Federal Water Pollution Control Act, as aniended (33 U.S.C, §§,1251-1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental protection Agency,(EPA),The Clcan Air Act (42 US.C. §§7401-767)q.)and the Federal Water Pollution Control Act(33 U.S C 1251-1387), as amended,applies to Contracts and sub grants of amounts in excess of $150,000. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMANederal agency, The Contr-actor agrees to report each violation to Ille 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. §-43141-3148). When reqUired by Federal prograrn legislation, which includes Emergency Management Preparediiess Grant Program, Homeland Security Grant Program,Nonprofit SCCUrity Grant Prograrn,Tribal Homeland Security (.3rant program, Port Security Grant program and Transit Security Grant Program, all prime construction contracts in excess of$2,000, awarded by non-Federal entities must comply with the Davis-13a-con Act(40 U.S.C.3141-3144 and 3146-3148)as supplemented by Department of I-abor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"), In accordance with the SWLIte, contractors must be required to pay wages to laborer's 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, I f appi icablc,the Cou nty must place a current prevailing wage determination issued by the Department of Labor in each solicitation, which is attached hereto as Exhibit "C" to this Agreement and made a part hereof The decision to award a contractor subcontract must be conditioned upon (lie acceptance of the wage determination. The County must report all suspected or unreported violations to the Federal awairding agency. When reqUired by Federal program legislation, which includes Emergency Management Prepareduss Grant Program, Homeland SCCLITity Grant Program, Nonprofit Security Grant Program, Tribal I lorneland SeCUrity Grant Program, l"ort Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program),the Contractors, in contracts for constrUCtiOn 2LISVair work a bo ve_$2 0 in -Bacon also gp lies, must.also cotn2ly ,ffl� jiituations where (lie Davis _p AGREEMENT Page 19 of 53 144 with the Copeland "Anti-Kickback" Act (40 M.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, cacti Contractor or subrecipient is prohibited from inducing, by any means, any person employed in the constrUCti011, completion,, or repair Of public work, to give tip any part of the compensation to, which lie or she is otherwise entitled,, The County mast report till suspected or reported violations to the Federal awarding agency. i) Contractor, The Contractor shall comply with 18 U,SC. §874,40 U.S.G § 3145, and the requirements of 29 CYR, Part 3 as may be applicable, which are incorporated by reference into this contract, i i) Subcontracts. 'Re Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA stray 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'tliese COntraCt 02LISeS. iii) Breach. A breach of the contract clauses above may be grounds for termination of the contract,and for debarment as as con(ractor,and subcontractor as provided in 29 CYR § 5.12. Additionally, in accordance with the regulation, cacti contractor and SUbcontractor must furnish cacti week a statement with respect to the wages paid cacti of its employees engaged in work coveffired 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. Where applicable, which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the County in excess of$100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C, §§3702 and 3704, as supplemented by Department of Labor regulations(29 CFR Part 5)o Under 40 U.S.C. 3702,of the Act,cacti 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 inies the basic rate ofpay (or all heaters worked in excess ol'ibrty(40)hours in the work week. The requirements of 40 US.C, 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or tinder work ing 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) Overlime requirements, No contractor or subcontractor contracting for any part of the contract work which may rcquire or involve the employment of laborers or mechanics shall require or permit airy such laborer or mechanic in any workweek in which lie or she is employed on such work to work in excess of forty (40) hours in such workweek unless such laborer or mcchanic, receives compensation at a rate not less than one and one-half tinies the basic rate of pay for all hours worked in excess of forty hours in such workweek. AGREEMENT Page 20 of'53 145 (2) Violation, liobifltyjbi-an paid itages; liquittated tlamages. In the event of any violation of the clause set forth in paragraph 29C,F.R, §5.5(b)(1),the contractor and any subcontractorresporisible therefor shall be liable for the unpaid Nvages. In addition, such contractor and subcontractor shall be liable to the United States(in the case of work d0llc 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 taborer or mcchanic, including watchmen and guards, employed in violation of the clause set forth ill paragraph 29 C.F.R. in the sure of$27 for cacti calendar day oil which such individual was required or permitted to work ill excess of(lie standard workweek of forty (401)hours,without payment of the overtime wages required by the clause set forth in paragraph 29 C.F.R., §5.5 (b)(1)of. (3) Withholding.fino-upopoi(livages ondliquidateddemiages, The Federal agency shall upon its oWn action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, Froni any moneys payable,on account of work perfi)rrned by the contractor or subcontractor under any SUCh contract or any other Federal contract with the saine prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the sarrie prime contractor,such surns as may be determined to be necessary to satisfy any liabilifles of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 2,9 C.FK 5-5(b)(2). (4) Vuheonitway. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(1) through ( ) and also a clause requiring the subcontractors to include these clauses ill any lower tier subcontracts. The pr[nne contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs 29 C.F.R. 5.,5 (1) through (4),, 50.4 Rig[its,to Inventions Made Under a Contract orsAgreement. 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 bUSitICSS firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreernent," the recipient or subrecipient must cornply with tile 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 implernenfing,regulations issued by the awarding agcncy. 50.5 Debarment and Suspension(Executive Orders 12549 qnq 1 . A contract award under a "covered transaction"' (see 2 CJ"K �180,220) must not be made to parties listed oil the goverfuncritwidc CXclusions in tile System for Award Management(SAM), in accordance with the OM B guidelines at 2 C,F.R. Par( ISO that iniplernent Executive Orders 12549 (3 CFR part 1 986 Cornp., p. 189) and 12689 (3 CFI part 1989 Comp., p. 235), "Debarnlent and Suspension" and the Department of Homeland Security's regulations at 2 (�Y.R. Part 30,010 (NO11prOCUrement, Debarment and Suspension). SAM Exclusions contains the names of parties debarred,suspended, or otherwise excluded by agencies, its Nvell as parties declared ineligible under statolory or regulatory authority other. than Executive Order 12549. SAM exclusions call be accessed at www,sam,,gov. Contractor is require(] to verify that none ofthe contractor's principals(defined at 2 CYR §180.935)or its affiliates(defined at 2 CYR, §180,905)are excluded(defined at 2 GRR. §180.940) or disqualified (defined at 2 CYR §180.935). The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.FK pt. 3000, subpart C, and must include as requirement to comply Nvith these regulations in any lower tier covered transaction it enters into.This certification is a material representation of fact relied upon by the C01.111ty, If it is later determined that tile AGREEMENT Page 21 of 53 146 contractor did not comply with 2 CF.R. pt. 180, subpart C and 2 C-VR, pt. 3000, subpart C, in addition to remedies available to the County, the l"ederal (Iovernment may purstic, available remedies, including but not I imited 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 CYK lit.3000,subpart C while this offer is valid and thrOtIghOLIt flit period of any contract that may arise from this offer, The Bidder or Proposer ftirther agrees to inchide a provision requiring Such Compliance ill its lower tier covered transactions. 50,6 Byrd Anti-Lobbying r an Q. Contractors that pill or bid to award exceeding $100,000 must file the required certification. Each tier certifics,to the tier above that it will not and has not used Federal appropriated Rinds to pay any person or organization fior influencing or attempting to, it an officer or employee of any agency, a rnernber of Congress,officeroremployee ol'Congress,or an employee of a inernberof Con gress ill connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. §1352. Each tier niust also disclose any lobbying with non-Fedcral funds that takes place in connection Nvi(h obtaining any Federal award, Stich disclosures are forwarded front tier to tier tip to the recipient who in turn will Ibrward the certification(s)to the awarding agency, if award,exceeds $100,000, the cerlification, attached hereto as Exhibit I'D" to this Agreement and made as part hereof, must be signed and Submitted by the Contractor to the County. 50.7 .-0 li C n)p ance with Procurement of Recovered Materials as s et forth in 2 CY.R. §200.321 Contractor trust comply with Section 6002 of"the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act, fhe requirenients of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (CYA) at 40 CYK Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level ofconipetifion, where the purchase price of the item exceeds $1 O,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 prograni for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract,the Contractor shall make maxinitirn use of products containing recovered materials that are EPA-designated items unless,the product ainnot be acquired — 1. Competitively within a tilliefirarne providing for compliance with the contract perrorniance, schedule; 2. Meeting contract performance requirements; or 3 At at reasonable price. Infort-nation abOLlt this requirement, along with the list of EPA-designated items, is available, at E PA's Coulprehensive Procurement Guidelines website, l'ittps.Hw%vw.epa.gov/snii-n/coii,tpreliensive-proeLii,eiiiciit-gLiidelitic-cpg,-prograiii. The Contractor also agrees to corliply with all other applicable requirements or Section 6002 of the Solid Waste Disposal Act, Other feeder-al andlor,FEMA Requirements(its applicable): AGREEMENT Page 22 of 53 147 50.8 Americans with Disabilities Act of 1990, as amended l2 ADA- ---j. Thc Contractor will comply with all the requirements as imposed by the ADA,the regulations of the Federal government issued theretinder,and the assurance by the Contractor Pursuant thereto. 50.9 The Contractor shall utilize the U& Depatirnent ofHoilicland Security's E-Verify system to verify the einployment eligibility of all new employees hired by the Contractor during,the terin of the Contract and shall expressly reciLdre any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-,Veri6, system to verify the employment eligibility of" all new employees hired by the subcontractor during the Contract term. 0.10 Access to Records. ContractorlConsultant and their successors,transferees,assignees,and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (I)IIS) and the Federal Emergency Management Agency's WEMA) access to records, accounts, doctiments, in(brmation, facilities, and stall'. Coll t rac tors/consu Ita nts must: (1) Cooperate with any -compliance review or complaint investigation conducted by DHS,, ( ) Clive DHS access to and the right to examine and copy records, accounts, and other docunients and sources of information related to tile grant and perillit access to facilities, personnel, and other individuals and information as may be necessary, as required by DIIS regulations and other applicable laws or program guidance; and (3) Submit timely, complete, and accurate reports to the appropriate DI-IS officials and maintain appropriate backup documentation to stippoil, the reports, 50.11 Department of lJonieland Security (DI-IS) Seal, L,oi!o. and Fla2s, The Contractor shall not use tile DFIS, scal,(s), logos, crests, or reproduction of flags or likenesses of DFIS agency officials without specific FPMA pre-approval. The Contractor shall include this provision in any Subcontracts. 50.12 Compliance with Federal Law, Regulations, and Executive Order, This is an acknowledgeirwrit (hat FEMA financial assistance may be used to fund all or a portion of tile contract. 'llic Contractor will comply will all applicable Federal law,regulations,executive orders, FEW policies, procedures, and directives. 50.13 Disadvantimed Business Enter rise It is the policy of the County that DBE's, as defined in 49 CYK flail 26, as amended, shall have the opportunity to participate in (lie performance of contracts financed in whole or in part with County funds trader this Agreement. Toe DBE requirements ol'applicable federal and state laws and regulations apply to this Agreement.Tile County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. lit 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 it) 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 Counity and the Contractor and subcontractors shall not discriniinatc,on the basis of race,color,national origin,or sex in the award and performance of contracts, entered pursuant to this Agreement. A Minority Owned Business Declaration form is attached hereto as Exhibit "E"' and made a part hereof, if applicable. 2 CER. §200.321 _ CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINL'SS J,NTERPRISES, AND LABOR SURPLUS AREA FIRMS. AGREEMENT Page 23 uf 53 148 a. If the Contractor,with the funds authorized by this Agreement,seeks to subcontract goods or services, then, in accordance with 2 CER, §200.32t, time Contractor shall take the following affiriliative steps to assure that minority 1XISilleSSeS, women's business enterprises, and labor SUCIIJUS area firms are used whenever possible. b. Affirmative steps must include: i� Placing qualified small and minority businesses: and women's business enterlmises oil solicitation lists; iL Assuring that small and minority businesses, ,in(] women's business enterprises are solicited whenever they are potential sources; iii, Dividing total requirements, when econornicall asit�)Ic into snialler tasks or quantities to permit maximum participation by small and minority businesses, and, worrien's business enterprises; iv. Establishing delivery schedules, where time requirement permits, which encourage participation by small and minority businesses,and Nvortien's business enterprises; NP. Using services and assistance, as appEqffja!te,of such organizations as time Small Business Administration annul 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 1-mragraph(i.) through(v.)of this section, 50.14 Changes to Contract.The Contractor undcrstands and agrees that ally cost resulting firorn a change or modification,change order,or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order, or constructive change niust be approved in writing by both the County and Contractor, 50.15 Prohibition oil Certain 'Felecornmunications and Video Surveillance Services or Equipment as set forth in 2 C, R. L2QO.2 10. recipients and subrecipients and their contractors and subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) `Xtend or-renew a contract to procure or obtain; or(3) Enter itito a contract(or extend or renew a contract) to procure or obtain equipment, services, or systems that uses, covered telecommunications equiptlient or set-vices as as substantial or essential component of any system, or as critical technology as Par( of ally systern, As described ill Public Law 11 5-232, section 889, covered telecommunications equipment is telecommunications equipinnt produe,ed by fluawei 1'echnologies Company or ZTP Corporation (or any subsidiary or affiliate of such entities). (i)For the Purpose of public safety,security of government facilities,physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Ilytera C0111111un icat ions Corporation, Hangzhou l-fikvisioji Digital rechmiogy Company, or Dahua Technology Company (or any subsidiary or affiliate ot'such entities). (ii) Telecommunications or video surveil lance set-vices provided by Such entities or using such 'Cq11iPnlcrrt, (,i�ii) ,,relccojiitiiiiiiicatioiis or video SUINCillalleC CqL)ipl)lCtlt OrSerViCeS J)roduced or provided by an entity that the Secretary of Defense, in consultation with the Director ofthe National Intelligence or. (lie Director of the Federal Bureau of Investigation,reasonably believes to be art entity owned or controlled by,or otherwise connected to, the government of a covered foreign country, AGREEMENT Page 24 of 53 149 50.16 Domestic Preference for Procurements as set forth in 2 CY.R. §200322. 'Fhe County and Contractor ShOUld, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the Uni(cd Skates (including but not limited to iron, altiminum, steel, cement, and other manufactured produets). These mquirernents 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" rneans, for iron and steel products, that all manufacturing Processes, froill tile initial melting stage through(lie application of coatings,occurred in the United States, (2)"MaIlLifi aCtUred products"means itenis and construction materials composed in whole or in part of tion-ferrous metals such as aluininurn; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. 50.1.7 No Obligation by Federal Governinent. 'I'lie Federal Governnient is not a party to this contract and is not subJect to any obligations or liabilities to the County/non-federal entity, contractor,or any other party pertaining to any matter resulting from the contract, 50.18 Pro rainFraud and False or Fraudlilent, Statements or Related Acts, The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Clairns and Statements) applies to the Contractor's actions pertaining to this contract. 50.19 EILergy--EfficigLcy. If applicable, Contractor will comply with the Energy Policy and Conservation Act P.L, 94-163; 42 U.S.0 01— 6422) and Nvith all mandatory Standards and, policies relating to energy efficiency and the provisions of the state Energy Conservation Plan, adopted pursuant thereto. 50.20 Construction Debris and Materials, The Contractor shall load, haul„and properly dispose of all construction debris and materials. Disposal tickets shall be stibrnitted to tile County Project Manager for SUbillission to FEWA. If not included oil the disposal ticket, the Contractor must also provide the name of the Deposit site,the ID Number ol"deposit site,and Perinits relating to deposit location. If any type of fill is used, the Contractor inust provide (lie narne, address, and permit inforl-nation for tile si,)Urce(s) of the rill material UtiliZCd. 'rhe Contractor must also note if the Fill was obtained from a corninercial source, regularly maintained stockpile,or borrow pit. If borrow pits or stockpiles were utilized, verification jilust be provided that they were not expanded horizontally into undisturbed areas. Due to the ground disturbance, the Contractor shall provide (lie County with the length,width, and depth of tile area that is dug up. If tile area is a circle, then the diarneter and depth of the hole shall be provided. The County rilust also be notified if the bole is outside of tile existing lbolprint, whether there was any vegetation removal and, if so, how it was placed back, l�inztl payment is C011tingOlt LIP011 COrnplialICC With these P1-OViSiO1M 51. 'Vhe Contractor is bound by any terms and conditions of any applicable Federally-Funded Subaward and Grant Agreement between County and the Florida Division of Eincrgency M,anagenient (Division),. 52. 'rhe Contractor is bound by all applicable local, County, State, and Federal laws and regulations. AGREEMENT Page 25 of 53 150 1 53. The CONTRA("I'OR 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. MUTUAL REVIEW This agreemcnt has been carefully reviewed by ('ontractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorshij). 55. ENTIR ' AGIZEEMENT This writing enibodics the entire agreement and understanding between (lie parties hereto, and there are rio other agreements and Understandings, oral or written, with reference to the subject niatter hereof that are not merged herein and superseded hereby. Any amendment to this Agreernent shall be in writing, zipproved by the Board of County Commissioners, and signed by both parties before it becomes effective. 56. FINAL UNDERSTANDING This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or Understandings, whether written or oral. This Agi-cement cannot be modified or replaced except by another written and signed agreement. IREMAINDE'R OF PACE INTENTIONALLY LEFTBLANKI ISIGNATURE PAGE TO FOLLOW] AGREEMENT 'p,age 26 of 53 151 IN WITNESS WHEREOF,each Marty has caused this Agreement to be executed by a duly authorized representative. BOARD OF COUNTY COMMISSIONER EVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA d 999 A y As Dep wty Clerk By: Mayo1"/ lalw"wr9awl Date- l 1 ��' CONTRACTOR MASTER MECHANICAL SERVICES, INC. Witnesses for,CONTRACTOR r Signature of pers-h aw.wthoia izecl to Signature legally bind Corporation Date: 0Prin Name Date Print Name Title 1 QJ 33 I - ttire 11 a Teleplione Niwwrwber , Prinl Name bate MON ROE COUNTY ATTORNEY OFFICE a N VFt)/gS743 ;j M1 " PAMMAEMLES ASStSTnj � TORNEY CAGE: AGREEMENT Page 27 of 53 152 SCOPE OF WORK EXHIBIT A. Page 28 of 53 153 EXHIBIT "A" SCOPE OF WORK A. SPEi CIFICAUCINS: I Bi&Conlract prices shall include all scheduled inspections and traintenance needed to cornplete service, Routine repairs and maintenance of all County maintained central air conditioning units in the Lower Keys area. Should Monroe COLinty require additional services or items provided by Contractor but said services and/or items have not been specifically defined in the Bid/Contract Documents, then a proposal will be requested from the Contractor and,if the proposal for these services and/or iterns is acceptable to Monroe County, a separate purchase order will be obtained for payment thereof. In all other respects, the contract parameters will be adhered to by the Contractor. 2, Corrective Maintenance - Necessary repairs, for deficient, or inoperable devices, such as those found during the course of system testing, inspection, or preventative maintenance, or have failed during operation, will be provided by the Contractor, Only original replacement components M anU fact tired by (lie original equipment triatitillacturer or other compatible components are to be used for such repai rs, 3, The Contractor shall be available twenty-fOUr (24) hours per day, three hundred sixty-five (365) days per yea n The Contractor shall be at (lie, site of any I IVAC system nialftiniction within four(4)hours of verbal,written,or text notification by the County. The Contractor shall Provide all afiff-1101.1i'S contact person and phone number, The County, upon award of the contract, shall provide a contact person and phone munber for bUil4ing and equipment access. 4, "The Contractor shall have access to as supply of al I parts and controls normally necessary for the emergency repairs of all County II 'AC" systems so that such emergency repair will be completed within forty-eight (48) hours of notification by (lie Owner. 51 'Refrigerants - Reftigerant evacuation and disposal shall be a part of the Contractor's rate and shall not be billed as an additional item, Contractor shall provide all Refrigerants' weight and eompliance reports as per Environmental Protection Agency (EPA) Refrigerant recycling regulations under Section 608 of the Clean Ai'r Act and any Amendments. 6. Window Units- Window units arc not part of the maintenance agreement. EXHIBIT A Page 29 of 53 154 7. 'rile County shall pay the actual cost of parts,materials,and refrigerants,excluding fivigh(, equipment rental, tax arnOUntS, Barr VIVII-gCS, and services supplied by others purchased frorn the manufacturer plus Fifteen percent(151/6)to ftiffill the obligaGons of the Contract. "I"he County shall pay the actual cost of c+iipment rentals plus Five percent (5 %) to ftiffill the obligations of the Contract. Delivery fees, travel, mobilization ices, tax amounts, and surcharges are excluded firom mark Up. Freight, delivery and mobilization fees, tax amounts, surcharges, and services supplied by others shall be reirribursed for arnounts charged, Parts will be paid at the wholesale cost plus Fifteen percent (15 %) oil all parts listed oil the Stock Parts, Price List provided by Contractor kind approved by the County and to become a part of this Agreement as Attachment "A". Manufacturer's invoice must accompany all palls not identified oil the approved Stock Pails Price List when submitting, IWILICStS [`or payment, Freight invoices must accompany all orders that reqijire shipping or transportation of pails whether the part is Linder warranty or not. B. LOCATIONS: The facilities %vith HVAC systems, and machinery to be serviced are located throughout the Lower Keys,, Buildings to be serviced shall include, but not be limited to, the following: MONROE COUNTY COURTHOUSE Jackson Sqnare Complex, 500 Whitehead Street, Key We:st MONROE COUNTY COURTHOUSE ANNEX,a/k/a/SUDGE,JEFFERSON B. BROWNE COURTROOM COMPLEX Jackson Square Complex,502 Whitehead Street, Key West (including 1986 Jail Addition) J. LANCELOT LESTER JUSTICE BIJ ILDING Jackson Sclijare Complex, 530 Whitehead Street,Key West (including Clerk's Records Storage Facility) KEY WESTLIBRARY.a/k/a MAT Y 141 LL RUSSELL LIBRARY 700 Fleming Street, Key West FREEMAN JUSTICE CENTER 302 Fleming Street, Key West GATO BUILDING 1100 Simonton Street, Key West HARVEYGOVERNMENT CENTER 1200TI'Llinan Avenue, Key West PUBLIC DEFENDER'S OFIqCE 316 Simonton Street, Key West KEY WEST DMV OFFICE/TAX COLLECTOR FzXH1131T A Page 30 of'53 155 3304 North Roosevelt Boulevard, Key West MONROE COUNTY DETENTION FACILITY 5501 College Road, Key West SHERIFF'S ADMINISTRATION BUILDING 5525 College Road, Key West STOCK ISLAND FIRE STATION NO. 8 5655 McDonald Avenue, Stock Island, Key West BERNSTEIN PARK COMMUNITY CENTER 6751 Fifth Street, Stock Island, Key West SUPERVISOR OF ELECTIONS OFFICE AT OLD BAY SHORE MANOR 5200 College Road, Key West ROCKLAND KEY COMPLEX-FACILITIES MAINTENANCE, CARPENTER SHOP, ROADS & BRIDGES,SIGN SHOP, AND FLEET DEPARTMENT 123 Overseas I fighway, Rockland Key BIG COPPITT FIRE sTATION NO.9 28 Emerald Drive, Big Coppitt Key SHERIFF'S SUB-STATION 20950 Overseas Highway, Caadjoe Key CUDJOE KEY FIRE STATION No. 11 2235,2 Overseas flighway, Cudjoe Key BIG PINE KEY FIRE STATION NO. 13 390 Key Deor Blv&, Big Piiie Key BIG PINE KEY LIBRARY 213 Key Deer 131vd., Big 11itie Key Shoppirig,Cower, Big Pine Key BIG PINV KEY COMMULAITY`C"I+.1 TER 201 Key Deer Blvd, Unit C 1-3, Big Pine Key Shopping Center, Big Pine Key 13IG PINE KEY" CO -MI SSIONER'S OFFICE 243 Key Deer Blvd., Big Pine Key Shopping Center, Big Pine Key BIG PINE 31009 Atimitis Drive, Big Pine Key r=XHIBIT A Page 31 of 53 156 C. REQUIRE LUNTS QF CONTRACTOR (Successful ProLmsei) ,1, Perform,routhic HVAC maintenance to ensure the County's Air Conditioning and limitin ysterns are working correctly. IL Perform planned and unplanned service and repairs. 111, Provide HVAC installation services. IV, Maintain current business arid contractor licenses to perform, all HVAC repairs and maintenance fear the Lerm or the Agi-cerrietat. V, Have demonstrated years,of experience in providing I IVAC service for large facillities. VL Secure all permits and arrange for HVAC inspection, as required by Monroe County Code. VIL Perform all work in compliance with Monroe County Building Codes and Florida Law. VIlL Only use new parts and iniaterials that are first grade products fro in a license(( supplier. IX Shall obtain County approval of at I parts and materials prior to installation. X. Install all pails and materials in compliance with the,standards of good workmanship with prior County approval. XL General repair of al!l existing I I VAC equipi-nent, XIL Provision ofnecessary cquipment and supplies to peiform all repairs in a timely arid professional nianner. XIII. Detailed tickets to include but not limited to: dates,work performed, arrival and departure times, building location, unit's serial number, and a list of parts or refrigerant used and submitted on the Application for Payment Details form attached hereto as Exhibit "B"' and made,a part hereof. D. SUPERVISION AND INSPECTION OF WORX Sufficient supervisory personnel sliall be provided, and systematic inspection will be conducted by the Contractor to ensure that all services are properly performed, as specified. To ensure that any problems which may arise will be taken care of promptly, the Contractor will maintain a twenty-four (24) hour telephone c-ontact seven(7')days per week for the receipt of any complaints and/or addressing any issues. Randoni inspections shall be perl'ormcd by County Representatives from the Facilities Maintenance Departnient administering the contracts. Deficiencies shall be corrected within a twenty-four (24) hour period of notification to the Contracto1% Failure of the Contractor to correct such deficiencies shall result in as prorated deduction from the monthly invoice. E, HVAC AND COMPONENT REPLACEMENT In the event a HVAC System or any of its major components or parts need to be replaced or repaired due to as major component failure,systern breakdown,or upgrade, EXHIBIT A Page 32 of 53 157 th.eCoutity shall have the OpLiO11 to request From the Contractoronly,a proposal/quote for replacement equiptnent or parts and all associated installation thereto. Approval of such pro pus alsAluotes shall follow the curmit Monroc County Purchasing Policy, Only after receiving an anwndment, if reqvired by the County's Purchasing Policy, and/or notice to proceed frorn the County, shall the Contractor proceed with these additional services as noted herein, EXHIBIT A Page 33 of 53 158 EXHIBIT "B" APPLICATION FOR,PAYMENT DETAILS EXHIBIT Page 4 of 53 159 APPLICATION FOR PAYMENT DETAILS DATE- ARRIVALIME: DEPARTURETIME. LOCAITON&ADDRESS: MAKE: ............... MODEL. -SERIAL PARTS AND MATERIALS COSTS - ("S"if on Stock Parts hice Lim) ITENI DESCRIPTION UNITPRICE QUANTITY SlJD-T(Yl'AT, 2 3 4 REFRIGERANT COST_LBS PER LB=SLID-TCYFA L PARTSfNIATMALS&R17YRIGEIZ ANT S SUB-'RYFAL EQUIPME,NT RFNTAL SUB-TOTAL INCREASE ON ABOVE PARTS,Mann,TICI ALS&REFRIGERANTS S INICREASE ON ABOVE EQUJ PMENT ldNTAL S.— FREIGHT CHARGE S TAX CHARGES S COSTFOR SKR\W1�'8 SMIPJAW)BY U11JERS S" SUBTOTAL LABOR COSTS Numcm&0 llouns Hourly Rate survrotai S Amount -Mcchanic,HOT JR S f(-i,) m. AT.,$ SeniorNlerchaiiic Specialist HOURS Cl S.......................................... SUB-TOTAL S —Mechanic& lielper TKA JRS @,S %Jf3-'l'('Yl'AL S SoWor Da"ocbanic&lidpor HOURS 0?i S (Yr Mechanic I.101JR8 @ S SUB-TOTAL S Mcchaitic S afist HOURS @ S Saniorl pvci� c),,r?vicciia tic&14clpci-14OLTRS@ $,......... ........... ............. SC:' -`TOTAL,S OT Senior mechanic&Helpor HOURS @1 S— suB-,r(,),rAa. LABOR TO'I'AL S TOTAL S DESCR[PTION OF WORK Date AallmimiSignatme/Tille Contractor must provide;j copy ollrivoice/Recedais for manutictureeg cost of parts/matcdalsand Raft uaws(if jim on Stock T-11arts Pdcc List),freight for Iransporlition/shipping costs,,tues, equipment rontal amounts and sci-viecs supplied Cv others. EXHIBIT B Pagtc 35 ol'53 160 DAVIS A4CON 'WAGE DETERMINATION STATEMENT EXHIBIT C Page 36 of 5 161 3/20)'2 4, 1220 PM SAKWN "General Decision Number: FL.202401022 03115Y2024 Superseded General Decision Number: FL20230022 State: Florida Construction Type; Building County: Monroe County in Florida, BUIL13IN6 COUSTRUCTIOU PROJECTS (does not include single family homes or apartments up to and including 4 stories), Notes Contracts subject to the Vavis-Bacon Act are generally rt*.quired I'" pay at Te1st till. applicoblo od"imillill wage rate required under Executive Order 14926 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 JU the contract is entered 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 Tile contractor must pay loption is exercised) on or all covered workers at lafter January 30, 2022„ least $17,20 per hour (or I the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2024, 11f the contract was awarded oni, Executive order, 1365u �lor between January 1, 2015 andl generally applies to the 13anuary 29, 2022, and the I Coll tract 1contract is not renewed or 1, The contractor must pay alli lexte,ndied an or after January covered workers at leash 130, 2022; $12.90 per, hour (oi- the I l applicable wage rate listedl ,on this wage determination, I if it is higher) for all I I hours spent per on I I that contract in 2024. 1 1 1 Tile applicable Executive Order minimum wagC, rate 0111 be 'adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for perfim-mance of work an the contract does not appear an this %,aage determination, the contractor must still subildt a cotiformance request, Additional information on contractor requirements and worker protections under the Executive Orders As available at http://Wwtq.dol.gov/wiid/govconti,acts. Modification Number publication Date 0 01/05/2024 1 01/17/2024 EXHIBIT C Page 37 of 53 162 3Q6/24,12:2A PM SAM,gov 2 W15/2024 ELEC0349-OW 09/02/2023 Rates Fringes 39.81 14.62 -------------------------------------------- EUG10487-023 07/01/2023 Rates Fringes OPERATOR; Crane All Cranes 75 Tons and below. — . .— ... . .. ._ ,$ 37.07 '14.90 All Cranes Over 300 Ton� Electric Towel-, Loffing Boom Cranes, ..... . .... . . . ...$ 40.40 14.90 Cranes 130-300 'Toll.... .. ...$ 391.38 14.90 Cranes 76 ton to 329 'Ton. . , ,$ 37.57 14.90 ----------------------------------------------- XRONO2'12-004 10/01/2023 Rates Fringes IRONWORKER, STR.RC IURAL Atli) 27.75 15,27 -------------------I--------------------------------------------- PAIN0365-004 06/01/2021 Rates Fringes PAINTER. Or usti Only. .. .. . .% 20.21 12.38 ---------------------I-------I--------------------------------- ----- SFFL,0823-WI 02/01/2074 Rates Fringes SPRINKLER FITTER (Fire Sprinklers)... . . ....... ... $ 32.03 23,01 -------------------------------------_______11------------- SHEE0032-003 08/12/2023 Rates Fringes 5HEETMETAL WORKER (HVAC Duct 29,10 14-68 Rates Fringes, CARPENTER. l_ . , _,l . . ...... ... .$ 1.5.0a *4 5.01 CEMENT MASON/CONCRETE FTNISHER-3 12l45 40 0.00 FENCE- ERECTOR. —. ...... ... .. _ _$ 9.94 *4 oleo LABOR E R, Common or General, I .« I ,$ 8162 44 oleo LABORER. Pipelayer—.. .....'' ' .% 1ol4S $0 oleo OPERATOR* Backhoo/Excavator, ....S M98 0.00 OPERATOR: Paver (Aspbalt, https://ssnr .govtw,age-det&rn,dnatlon/�L2024002212 EXHMIT C Page 38 of 53 163 3a6 4,'12:2rr PM SAM,gov Aggregate, and Concrete).„ . aW.. . 9.58 oleo GPERATOR: Pump. .. ..a— — . ., . .. ,. 11.r 0.00 PAIM-ER, Roller .and Spray, , W w .,$ 11�21 ** 0,100 MGM.MJMER- 11.11111rr.m- 11 — we4 12,27 3,33 ROOFER: Built trp, Composition, Hot Tar and Single Poly..... .. . ..— — .. . .. ... .$ 14.33 0.00 S"EET METAL WORKER, Excludes MVAC Duct installation. , .. . .....$ 1441 *'+ 3,61 TRUCK DRIVER, includes Dump and 10 Ward banal Away.. . , M » 3. ++ 0,1.5 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- Fxecutive order 1402.6 ( 12,20) or 136,58 ($12. 0). Please see the Mote at the top of the wage determination for morore information. Please also note that the minimum wage requirements of Vxecrrtive trrder 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana,, or Rississippi, including their agencies, are a party. flote: Executive Order [Eo) 137 6, (Establishing Paid Sick Leave for Federal contractors 'applies to all contracts srrblect to the Davis-Bacon Act for which the contract is awarder[ (and any solicitation w'as Issued) on or after :January 1, 2017. if this contract as covered by the Etr, the contractor must provide employees with "1 hour of paid sack leave for every '30 hours they work, Lip to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their- own illness, injury or other health-related needs, including preventive care, to assist a family member (or person who is like family to the employee) who is All, injured, or has other health-related needs, includ4ng pr^eventive Beare; 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 oil contractor- requiremetts and worker protections under tire ELM is available at M'tittgrst�frrr�;w,uiol.gov,�agerlcles/wlhd'/,9Sovermtrerent•-torttratts, Unlisted classifications needed for work, riot included within the scope of the classifications, listed may be added after award only as provided in the labor standards contract clauses (2 CEMR se,s (a) (1) (iii)), The body of each wage determination :Mists the classification and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by tire wage determination. The classificaitions ,are listed in alphabetical rmrrps!Hssm,goy/vwege.rreMerni�nraulirAi/I,20241022 164 3*6t24,12;28 PM SAM,Uov order of ""'identifiers"' that indicate whether the particular rate is a union rate (current union negotiated rate for local), as survey rate (weighted average rate) or a union average rate (weighted union average rate). Union Rate Identifiers A four letter classification abbreviation identifier enclosed in dotted lines beginning with characters other- than ""SU""' or ""UAW"" denotes that the union classification anti rate were prevailing for that classification in the survey, rxamples PLW10198-005 07/01/2014. PLM Is ain abbreviation Identifier of the union which prevailed in the survey for this classification, which An this example would be Plumbers. 0190 Indicates the local union number or district council number where applicable, 1.e., Plumbers Local 0198. The next number, 00S in the exlwple, is aii intersidl riwiliber used in processing the wage determination. 07/01/2014 is the effective date of the most current negotiated rate, which in this example As July 1, 2014. Univin prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification arid rate. Survey Rate Icientifiers Classifications listed tinder the ""SU"" identifier indicate that no one rate prevailed for this cla5slf-,wcation in the survey and the published rate is derived by computing a weighted aver-age rate based on all the rates reported in the survey for that classification. As this weighted average rate, includes all rates reported in the survey, It may include both union and non-union rates. EXamplet SULA2012-007 5/13/2014, Ski indicates Lire rates are survey rates based on a weighted average calculation of rates and are not majority rates. LA indicates the State of Louisiana. 2012 is the year of survey on which these classifications and rates are based. Tire next number, 007 in the example, is an internal number used in producing tile wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. Survey wage rates are not updated and remain In effect until a new survey is conducted, Union Average Rate identifiers Class ifi cation(s) listed under the UAVG identifier Andicate that no single majority rate prevailed for those classifications,,, however, 100% of the data reported fat, the classifications was union data. EXAMPLE-:. UAVG-OH-0010 08129/2014, UAVG indicates that the rate Is a weighted union average rate. OH indicates the state. Tile next number, 0010 in the example, is an internal number used in producing the wage determination. 08/2912014 indicates the survey completion date for the classifications arid rates under that identifier. A UAVG rate will be updated once a year, usually in January of each year, to reflect a weighted average of tile current riegot-lated/CBA rate, of the union locals from W11101 tile rate Is based, ---------------------------------------------- ------------- htlps,)rseni.govAyage-deterrNnationIFL2024C,022f,I I EXHIBIT C Page 40 of 165 3a6t24,12,28 PM SAKgov WAGE DETERMHAT10H APPEALS PROCESS, 1,) Has there beets at) initial decision in the matter? This can bee an existing published wage determination a survey, underlying a wage determination a Wage and Hour Division letter setting forth a pos,ition on a wage determination matter a conformance (additional classification and rate) ruling On survey related matters, initial Contact, including requests for summaries of surveys, should be with the Wage and Hour- National office because National Office has responsibility for, the Davis-Bacon survey program. If the response fronr this initial contact is not satisfactory, then the process described in 2. ) and 3.) should be follcme4i. With regard to any other matter riot yet ripe for the formal process described 'here, initial contact should be with the Branch of Construction 'Wage Determinations, Write to., Branch of Construction Wage Determinations Wage and Hour Division U-S, Dep-irtment of Labor 200 Constitution Avenue, U,W. Washington, DC 20210 2,) If the answer to the question in 1.) is yes, then an loterested party (those affected by the action) can request review and reconsideration from the Wage and Hour Adusinisteator (See 29 CFR Part 1.8 and 29 CFR Part 7), Write to: Wage and Hour Administrator U.5, Department of Labor 2010 Constitution Avenue, 11,14 Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice Material, etc.) that the requestor considers relevant to the issue. 3.) if the decision of the Administrator- is not favorable, all interested party may appeal directly to the Administrative Review Boavd (fortkerly the Wage Appeals Board), Write toz Administrative Review, Board U.S, Department of Labor 200 Constitution Avenue, N.W. Washington, K 20210 4.) All decisions by the Administrative Review Board are final, END OF GEHERAL PECISION" EXHIBIT G Page 41 of 53 166 EXHIBIT 4611 BYRD-ANTI LOBBYING CERTIFICATION EXHIBIT D Fags 42 of 53 167 I)YRD-AN'ri 1.01313VING CERTIVICA'FION APPENDIX A,44 CAR.PAR"I' 18—CERTIFICATION RE'GARDING LOBU,YIN(.; (To be submitted with each bid or offer exceeding$100,000) Cerlifleation For Contracts,Grants, Loans, and Cooperative Agreemenis The undersigned certifies, to the best of his or her knowledge and belief,that: I� No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to ally person for influencing 01, atten,ipting to influence an officer or einployce of ail agency, a Member ofCongress,an officer or employee oftongress,or ail employee ofa Member ofCongress in connection with the awarding of any Federal contract, the making of any Federal grant, tile making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendnient, or modificatioa of any Federal conlract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to arty persoll for influencing or attempting to influence an officer or mployce of any agency,a Member of Congress, 811 officer(11•ell"Iployee of Congress, or an employee of Member of Congress in connection with this Federal contract,grant,, loan,or cooperative agreement,the undersip)-ied shah complete and submit Standard Form-LIA, "DiSCIOSUrC Forin to Report Lobbying," in accordance With its filSAFLICtiODS. 3,. The undersigned shall Yequire that the language of this certification be included in the award doculnents For all subawards at fill flers (including subcontracts, subgranis, and contracts mider grants, loans, and cooperative agreenients) and that all subrecipienis shall certify and disclose accordingly. This certification is a material representation of fact Upon which reliance was placed when this transaction was made or entered into, Submission of this certification is a prercq t d site for making or entering into this transaction imposed by Section 1352, Title 3 1, U.S. Code. Any Person who fails to file the required certification shall be subject to a civil penalty of not less [hall $10,000 and not niore flian$100,000 for each such failure, � C The ontractor, , cart files or affirms tile h'Ut1lr11h1O'S and accuracy of each statement of its cerfifivatmn and disclostire, if any. In addition,, the Contractor understands and agree.-, that the: ping ins of 31 U.S.C. Chaps 38, Administrative Remedies for False Claims, mid sfiltesu S' app y to fhb ce-I'lification and disclosore" if ally, 115 ............ Signature of CO�Iltracfor's Aufljori�ed Official e......... Name and Tille of Conlractor's Authorimo OlTicial Date EXHIBIT D Page 43 of 53 168 DISCLOSURE OF LOBB MG ACTIMEES COMPUTETM&FORNI TO DF.CLOSE LOSSY"0;0ACMMSPMVAW TO 31U.&C,U" 1. TypeofFederalAttion: 2. Status of Federal Action: J. Report Type, a.contract L—i 4,bid,10frertapplic&don a,paid b. gmt b. izitialowaad b. umiKW change C, cooperative ageentent c, poll-award d. I= For Material Change Only. e. Ion Fluartlee year— quamr ( loaninstiance date of last report A� Susie and Milreu of Fteporting Entity IfJkepordag lent iuNo.JhSobawardee, Eater]at isne=d Address of Prim. ElPrime ElSabaw2ade-e Tier if koom Congressional District if imagm CougiessionsilDis t,if known 6, FedexalDtpxrtmeatlAgenry: 7 Federgl?rogratll 3m estription: 1 `fDA Ndmber if applicable S. Federal Action Number,if kbon . Awxl;4 Armounk if knom.- 10. A, Name and Address of Lobby Entity b. Individuals Poformiug So-vices (including (If individu4 last nmo,first name,,,N address if different from No. I Oa) (last UAW,first name,MI) (adack�,`OuWivation Sheet(&)if necesiaxy) 11, Amount offtymeal(check all that apply) 13, Type of Payment(chtck 311 that apply) astral plumed a retaiaer b. onetirn to 11 Form of Paymot(chetk all";bitt Apply): E- commission 7 a cat ",/ d. coatingent fee D b. in-Lind. spr ., nature e defeued value f Other,5PKifV 14. Brief Des'ripfio- f Str!U8,Performed or to lie "t ptrftirra And DIN(l)of Sorvio,jotfMbg ic? 3 (attach Confinantion Sbeet(s)if necessary) 15. Caar aatiaa.sheet(s)attached: x1ps 1:3 No El 71 1 U.S.Q.Soclim 1152. Ms divzbvan of labry)ioq Signarwe, was p1madby thq tzar zbvtv whan hi%ezaimlien =1=d,a ter=W*diY6o. Train alys tasaraa as dPrint Nme- Funuaid to 31 U SX.M2. This WamWoa will ko xWmod to Coapmi&=Maully and wiD bo arajLA14�for pmb'bcin,qccdon. TWAi disdoisurs iha2bv witjocttu zdiilpmallyd not W&ek= &10„ON=dncm Mom 0=sloo,oco fu fact Mch(xib=, Tetepbow No,- Date: Authorized far Local Reproduction Federal Use ter ls- Slandmd Form-LLJ- 2-6C PART 2JCOUNTY EXHIBIT D Page 44 of 53 169 INSTRUCTIONS FOR COMPLETION OF SF-LLL, DISCLOSURE OF LOBBYING ACTIVITIES 'Mis di,,clossim form shall be completed by the refixit-ting entity„whether subawardee or lirime Federal recipient,it the initiation of forrinistcquircid for such payincritor agreement to mnake payincril to lobbying entity for innfha nncinag utr gattcnnnptiang to influence an officer or employee of any agency,a Member of Congress an officer or employee of Congress or an ciliployce of aMemberof` Congress its connection wilh a covered Federal act ion, Attach acontimintion shect for additional information it fhe,,paco 6n the rorm is inadequate. Complete all items[flat Apply for N)th(lie initial Ming sod nlaterial change report. Refer to the implementing gtjidiiiicepijbti,,L;Iie(lbytlicOfFiecofMitiingeiTwiiititid Budget liar additional infornsaflow I, Identify Ilse type of,covered I-Weral itclion 1br Which lobbying activity Is asiWor has been secured to influence, the outcome of a covercd Federal action. 2 Went ify the sthlus of the covurcd FcAlurid action, 3. the Enter tile date ofthelast, pre-viously submitled report by this reporting entity for this covered Feder-al acliom C triter[lie find nalm,address,city,state,and zip code of the reporting entity. (Ticludt~CoFigr"sioiiaiif)is(rictit known. Check the appropriate classification orthe reporling entity that designates if it is or expects to be a prinic orsubaward recipient. Identify(tie tier of the subawardee,e.g.,tile first subawardee of the prinle is the first Her. SitilawardsinvIudc bul tire ocil findled to subcontracts,subgrisnisasid contract aw"tistiodergrants. 5. H'the orgaili"Mion filitig the report ill liens 4 cheeks"Sobawardee"Ilien enter the full name,address,city,statc, and zip code ofthe prince Federal ncipicnl. & Enter Ilse name of the Federal agency,making the award or loan cornrultment. Include mail Ileast one,organization level ['or cNample, United States Coast Guard, T molar file FCOCTAI IlrOgTani name or description for the covered Federal action then) 1). If kinoNNII,CIUCT the Im 11 Catalog of Fcderid Domestic Assistince(CFT)A)iitiri)berfr)rgnints,cooMAitive agTeciswnt%,lesans,and loath commitments. Eisler the most appropriate Fcdvrat iduritifyingIMMAWTavui lablc fior the Federal action identification its item I(e'g" lteqoest for Proposal(RIT)number,Invilalion for Bid QFB)number,grant nomoutseement number,the conlrAct praiwor loan a ward ml i nber,the applicat ioll/propos al,call(to I ruillibc r assigned by tile Fcdcra I ages i cy). Inuirde Ii'rerj,xes,e.g,, "NFII-DE,40-001," 9. For a covered Federal action where I here has been an aivard or loan commitment by tile,rcdcrul agency,enter the federal mrsount of(lie:mud/loms cotumitments for the prime entity ideti tified its item 41 or 5, I (a)F,wer il w fall narne,address,city,state,a i sd zip code of the lobbyi s ig entity engaged by the re porl ing cis I i t Werailied ill item 4 to influctice tile covered Federal action, (b)Enter the Rill names of the individtial(s)perlbrining wt vices and inclade full address if ififferent 1rort's 10(a). J.'Wer Last Name,First Nance rsod Middle Initial(Ml)� I 1, nter tile aillouluorcompulssuflon paid or rusumably expected W Im paid by flee icimling utility(ileill 4)to Ote lobbying entity(item 10). Indicate whether the payment has been inadc(actual)or will be made(planned). Check all boxes that apply. If IN s is a is iaterial change report,e later the eu mu I iltive arnou ill of pay nic ji I rna&,or phumcd to be inside, 12" Check the appropriate box'. Check ail boxes ibalapply, Irpayment is mode fliToogh oil in-kind contribution, spe city the ii,.ittire.indvalucoftliciii-kiiiclp,,iyment. 13. Check the appropriate Km Check all boxes that apply, if other,specify IlaWre. 14, Provide a specific and detailed description ofibe services that the lobbyist has performed or will be expected to perf6rin, locludo all preparatory and related activity not just time spent hi actualcont'act widi Federal officiaK Mcistify the F�c(leral officcr(s)or employce(s)corilsicted or the oftice4s) esuployee(s)or Mentixr(s) ofCoagress firm were conlacted. 15� 0mck whether or not a wminuationsheet(s)is attached. W The certifying official shall sign and date,tile forma,print hisAter nasne tithe and Wephoric number, Public reporting burden for this collection of information is estimated to average 30 miriwous,per resImse, hsclodhig lit to far revioving insirsiclion,searching eXiSfilig(10111 SMWMS,g4itheting,and maintaining the data needed,sand completing and reviewing the Sell(]coninkents regarding the burdest esi hunte or any other aspect of Ill is collection a f informal ion, including suggestions for reducing this burdeii,to the 011-we or 9mikgurnew and Midget,Paper work Reduel ion llrqajecl (0348-0046),Washington, 2050.3. Sr-LU-1histructions Rev,Uri-01-9WENDIP 52- 6d PARTMOUNTY EXHIBIT D Page 45 of 53 170 EXHIBIT -, MINORITY OWNED BUSINESS DECLARA11ON EXHIBIT"E Page 46 oil 53 171 ��..'. lgirW 1 Miraor^ilu Owwneal Business Declaraation srula-c�ratruaetarr cuagau.ged by Mcrrrrcae County during lore cararletuora crfwwor associated with the below indicated prroJect (Check one) ^" ° .. is�rraivar�rity&wuusivaess errter�rise, sus�ulef�ruacd iuu;�ecticurr� tf.7 ',lalcrriafa 5tatartes�� �"��'"�^ or is not as minority hosiness enterprrise,as defiured its Sect lon 28 8.703,Florida Statutes. VS. 288,703(3) "Minority business errterpwrrise"uareans any small business concern as defused in sautrsectiort(6)(see below)ww'hich 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 ofan insular group that is afar particular racial,ellrnic,or gender makeup or national origin,which has been srubiected historically to dfspaaarate treatmerut due to identification in said wwritlt(fiat group resulting in an uunderre resenlation ofcommercial enterprises under the roup's control,and whose management and daily operations are controlled by such persons.A minority business enterprise may primarily involve the practice Ora prrofessiorr.Ownership by,aa aninarity person dares not inclardc ownership which is the result of a transfer from a nonurainority person to as umlnaarity person wwithin a related immediate family group if(lie combined total net Imet value Of,all naerr burs of such family groups exceeds l million.For purposes of this subsection,the terns "related inimediarte faamily group"mica ns,aunt or insure children under lfa years raf"aa, e and au parent of such chi Wren or the spouse of such parent residing in the same house or living unit. RS 7 303�6)"Small business"means an independently owned and operated business concern that enafwloys 204E or fewer perunanent full-time employees and that,to ether with its affiliates,has a net worth of not more than 5 million or any fiats based in this state which has as Small i arsincss Administration 8(aa)certification, As applicable to sole proprietorship ,the$5 million net worth requirement shall iruclnde hotly personal and business investments. ,a t'c"rrakraac.tou°utaaaw refer to f',S. 78 7ft3 for rruurre rurfcrr°nratrcwua. (.on aactor " Date,, ko � l'rurit arrre: IRV', our a Title: Address ..,. For Monroe County Verification: Title/OMB Verified via:ht osct;d µmYfloreci�-r_ca�,rM?�dnrectorles 172 ATTACHMENT "A" STOCK PARTS PRIME, LIST ATTACHMENT A Page 48 of 53 173 Stock Parts Pr'Ite list-Lower Keys HVAC—Master Mechanical-Bid Award Agreement " . `, � w EWTF+ „m t1Tw�t lts ,T1mti Thy +TTWIuRt;. ARM7034 . -FLEX 7M-X3144 SRC UL-TUB v 1 PER Boo $0.40 i 9AO )OC34 FVCSO*Ef:,ROW 1/4'SXS4W -007 $2,00 P S100 m02T34- PVC TEE 314"SXSXS 401.007 $2,00 1. $ZOO PIPE SCHED403/4(SOLD BY THE EOOT) $2,00 20 $40.00 T"MQ$1 UF' 314"YT60"ELECIAIC $4.50 T $4.50 BLUE WINGED T,1WmAE CDNNFC1OR SIZE99,A14.06AwrWG, 21.50 w,vm1262 OmT MAX t50PACKi $27.50 1 $27.50 C07430102 W-CAIGON FOC ACILT SCAVENGER 2 OZ,ACID NEUTRALIZER(6 $43.40 1 WAD PERBOX) H155IL"VALOYS - � 5%STAYSILV051 II&X220IN(28SImCXS11ERLB) .� ��S.BI 1 � -- $65,50 P3020201 20X20X1 DISPOSABLE FILTER $7,20 1 $7.20 PROT70L PRET01 T701 THERMOSTAT MAC NON PROGRAMABLE(10 PER $63,00 1 $+uo BOX'40PER MASTER CASE) PROT71S PROW TJ15 fIfERMOSTAT 2H12C rTTAR PROGdR7'MAFR'(E(10PER $72.00 1 $72A0 BOX 40PER MASTER CASE) REC'X51 KICXSTART 305.5 TONS,2'WWME POTENTIAL RELAY&START $64.00 1, $64,00 CAPACITOR w?W02FIOR221 SEQUENCER,3 MAINSTAGED CIRCUS,VPST O SPSI-NO,,DELAY $53,00 1 53�00 ON 1-25 SEC,DELAYOFF 50.110$EC, 714PSFIP550350 0-550VSVC-350HI6RPR'ESSWiWfrCM9410A $1&00 1 $1A.00 T14PSLP SO mm^ 0.609Sw1C-90LO Wr PRES SWOTC14 R410A $18,00 1 $18.OD L14M NITROGEN EXCH 56 CF $35,70 1 $35.70 C01429108 NEW URITE CONDIASER COIL CLEANER,BLUE,i1.GAR,4P/0 $46.10 1 $4 ,20 P3020251 2OX24XI DISPC7W E T R,TkR $6.25 1 $6,25 P3016201 16112O,X1 DISPOSABLE FTLTEA $6,10 1 $6,10 P3010101 AOXIOXI DISPOSABLE FILT'FR $5.50 1 $5,50 RECSS2P SAF'E-T-SWITCH$S2P P4ENUM PIATED CONI1'ENSATf.DR"" ^^ $3120 T 1 $3120 OVERFLOW SWITCH 174 ADDITIONAL COUNTY FORMS ADDITIONAL COUNTY FORMS Pipe 50 of 53 175 COUNTY FORMS AFFIDAVIT PROJEXT: Lower Keys JIVAC Maintenance and Service, Multiple Locafions, CON'1'1�AC'I'OfVCONSLII,'I'AN']', ki-6-1 LAk� C ta 'kvi By signing this Affidavit, CONI'RAC'I'O]Z/('ONSI.-1't,"rANr has sworn or affirmed to the 1,61lowing requirements as set Barth in the Public Entity Crime Statement, Ethics Clause, Drug- Free Workplace Statement, Vendor Certification Regarding Scrutinized Companies List,and Non- Collusion Affidavit as set forth below. Public Entity Crime Statement The CONTRACTOR/CONS ULTANT certifies and agrees that CONTRACTOR/CONSULTANT nor any Affiliate has been placed on the convicted vendor list within the las( 36 nionths. In accordance with Section 87,134, Florida Statutes,an entity or affiliate Nvho has been placed on the Discriniinatory Vendor List, kept by (fie Florida Department of Managenient Services, nlay not submit a bid, proposal, or reply on as contract to provide goods or services to a public entity; niay not subi-nit a bid, proposal, or rcply on a contract Nvith a public entity for the construction or repair of a public building or public work; may riot submit bids, proposals, or replies on leases of real property to a pUblie entity; may not be awarded or perform work as a contractor, supplier, subcontractor or COUISUItant Under a contract with any public entity; and may riot transact business With any public entity. A person or affiliate who has been placed on the convicted, vendor list following a conviction liar a public entity crinie may not subrnit, it bid, proposal, or reply on contracts to provide any goods or services to a public entity, inay not submit a bid, proposal, or reply on a contract with as 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 perforni work as as contractor,supplier,subcontractor, Or COIISLIltallt under a contract with any public entity, and may not transact business with any public entity in cxcess of the threshold amount provided in Section 287,017 ofthe Florida Statutes, for CATI,',GORYPCIO for a period of'36 months fli-orn the date of being placed on the convicted vendor list. By eXeCLitillg this Affidavit,CONTRACTOR/CONSULT'ANT represents that tyre execution of this Affidavit will not violate the Public Entity Crinies Act (Section 287.,133, Florida Statutes). Violation of this section shall result in termination offlic Agreement and recovery of all monies paid hereto and may result in debarinent froni COUNTV's conipefitive PrOCUrernelit activities. In addition to the foregoing, CON'I'RA(,"l'Ol t(,',ONSUt,']"'AN'I' further represents that there has been no determination, based on an audit,that it or any subcontractor has committed aii act defined by Section 287.133, Florida Statutes, as a"public entity crime'" and that it has not been formally charged with committing, an stet defined as a "public entity crime" regardless of the amount of money involved or whether CONTRACTOR/CONSULTANT has been placed on the convicted vendor list. tau 26 of 85 176 CONTRACTORICONSULTAN'r will promptly notify the COUNTY if it or any subcontractor is formally charged with all act defined as as"public entity crinie"or has been placed on the convicted vendor list. Ethics Clause By signing this, Affidavit, the CONTRACTOR/CONSULTANT warrants that he/she/it has not employed, retained or otherwise had act on hishier/its behalf any former County officer or ernployce, in violation of Section 2 of Ordi nance No,0 101-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation cif this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,deduct from the Agreement or purchase price,or otherwise recover, the full amount of any fee, commission, percentage, gift, or considendtion paid to the fortner County officer or employee. Drug-Free Workplace CONTRACTOR/CONSULTANT in accordance with Florida Statute, See. 287.087, hereby certifies that CONTRACTOR/CONS�ULTANT shall: 1. Publish a statement notifying employees that tile 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 eniployees,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 tile penalties that may be,imposed upon employees for drug abuse violations. I 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 as condition of' working on the commodities or contractual services that are under blid, the employee will abide by the ternis of the statement and will notify the employer of'any conviction of, or pilea of guilty or nolo contendefe 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 oil,or require(hesatisflactory participation in a drug abuse assistance or rehabilitation prograrn if such is available in the employee's community,or any employee who is so convicted,. 6. Make as good faith effort, to continue to maintain a drtlg-free workplace through implementation of this section. The person authorized to sign this Affidavit certifies that CONTRACTOWCONSUUFANT complies fully with the above requirenicriti. Vendor Certification Regarding Scrutinized Companics ,Lists CONTR ACTOWCON SULTAN T agrees slid certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding oil,submitting,a proposal for, or CnIering into or renewing as contract for goods or services of any amount if'. at the time of Pop 27 of 85 177 contracting or renewal, the company is on the Scrutini7ed 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 fi,orn bidding on,subt-nitting 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 Companics, with Activities in Sudan List ot' the SCI'Utilli7ed Companies with Activities in the Iran Petroleum energy Sector Lists which were created pursuant to s. 215.473, Florida Statutcs, or is,engaged in KUMVICSS operations in Cuba Or Syria, As the person aril horized to sign on be of CONTRACTOR/CONSULTANT, I hereby certify that the company identified above as "(,'ON'I'RAC'I'OIVCONSUL'I'ANI"' is not listed on the .Scrutinized Companies that Boycott Israel List or engaged in at 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 Petroleurn Energy Sector List, or engaged in business operations in Cuba or Syria. I understraid that pursuant to Section 287.135, Florida Statutes, the submission of a false certification may sub'icct company to civil penalties, attorney's fees, an rd/o costs. I fu r rthe understand that any contract with the C,ounty may be terminated, at the option of the County, if the company is found to have submitted as false certification or has been Placed on the Scrutinized Companies that Boycott Israel Dist or engaged in a boycott of Israel or placed on the Scrutinized Companies withActivitics in Suclan List or the Scrutinized Companies with Activities in the fran Petroleum Energy Sector List or been engaged in business operations in Cuba or Syria. Note: The List are available at the following Department of Management Services Site; http://Nv%Nv,dtiis.myflorida.com/business crations/ tafi�u i�hq n /vpn vi_pp qJL_g_ 4gr information/con cted, suspended discriminatory complaints vendor lists Non-Collysion Affidavit CONTRACTOWCONSULTANT by signing this Affidavit, according to law on my oath, and under penalty of perjury, depose and say that the person signing on behalf of the firm of CONTRACTOWCONSULTANT,the bidder making the Proposal for tile project described ill the Scope of Work, and that I executed the said proposal with full authority to do so; the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement lbr the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; unless otherwise required by law, the prices whicli have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; the statements contained in this afiridavit are true and correct, and made with ftill I~nowledge that Monroe County relies upon the truth of the statements contained in this,affidavit in awarding contracts for said project. SIGNATURES ON NEXT PAGE Page 28 of 85 178 UNDER PENALTIES OF PERJURV, I DECLARE THAT I HAVE READ THE FOREGOING AFFIDAVIT OF COMPLIANCE AND THAT'I"I'll?, FACTS STATED IN IT ARE TRUE. (Signature of AuthodiRl rcsentativc (Date) of,Contractor/Colls Ll I tant) Print Name: �\'Qs STATE OF �AaS COUNTY OF - �A W\4A T Jac foreg !or affirmed) and subscribed before me by mcans ,y, �ep ion this day of Wrl' 2V , by�,,, STEPHANIE PNER0 HH 078505 Expires Febmaiy 5,2025 §ip `�a'16re o-f"-No--iary Public-State of Florida Name of Notary -xpircs:My commission c 6-l"onally Known 01� 11roduced Identification Type of Identification Produced — Page 29 of 85 179 Certification Regarding Debarment, Suspension, Ineligibility And Voluntar-y Exclusion Contractor Covered ri-ansactions (1) The prospective contractor of the by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or VOILIntal'ily excluded from participation in this transaction by any Federal dcpartment,or agency, (2) Where the Recipient's,contractor is unable to certify to the above statement,the prospective contractor shall attach ail explanation to this, Form. CONTRACTOR- tire Recipient's Nat-nd �arne and Title Division Contract Number Street Address FEMA Project Number City, State,Zip; Date Nne 0 of'85 180 INSURANCE REQUIREME,NTS AND FORMS MONROE, COUNTV,FLORIDA RISK MANAGEMEN'r POLICY AND PROCEDURES General Insurance Requirements f6r Contractors and Subcontractors As a pro-tcquisite of(lie work and services governed, or the goods supplied under this contract (including the pre-staging of personnel and material),the Contractor shell obtain,at his/her/its own expense, insurance as specified in the attached schedules, which are made part of this contract, The Contractor will ensure that the insurance obtained will extend protection to all Sub- Contractors engaged by the Contractor. Alternatively, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules, The Contractor will not be permitted to cornmence work governed by this contract(including pre- staging of personnel and material) until satisfactory evidence of the rcquircd insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced oil the specifi.cd date and time, except for tile Contractor's failure,to provide satisfactory evidence, The Contractor shiall maintain the required insuraticc throughout the entire tcrin of this contract and any extensions specified in any attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced,Delays in the completion of work resulting from the failure of the Contractor to,maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for tile Contractor's failure to maintain the required insurance, The Con(ractor will be held responsible for all deductibles and sell-insured retentions that may be contained in the Contractors Insurance policies. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: 0 Certificate of Insurance, or 0 A Certified copy of tile actual insurance policy. The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract, All insurance policies must specify that they are not subject to cancellation, non-renewal, material change,or reduction in coverage unless a minimum of thirty (30)days prior notification is givelf to tile County by tile insurer, Page 31 of 85 181 "rhe acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assurned under this contract or imposed by law. The Monroe Cotinty Board of Coun(y Commissioners, its employees and officials, I I O imonton to et, Key West, Florida 33040, will be included as "Additional Insured" on all policies, except for Workers' Compensation, Any deviations from these General Insurance Requirenients must be requested in writing on the Connty prepared form entitled "Request for Waiver of Insu rance Requirements" 'and approved by Monroe County Risk Management. Page 32 of 85 182 GENERAL LIABILITY INSURANCE REQUIRE MENTS FOR CONTRACT: LOWER KEYS HVAC MAINTENANCE AND SERVICE -MULTIPLE LOCATtONS BETWEEN MONROE C01JNTV, FLOICIDA ANI) (A Prior, to the commencement of work governed by this contract, the Contractor Nvill obtain General t,iability Insm-ance. Coverage will be maintained thl-OUgliffilt the life of the contract and include, as a minimurn: Premises Operations ProdUCtS and CompIcted Operations Blanket Conti,actual Uability Personal fnjury Uability The niininium limits acceptable is: $1,000,000 Conibined Single Limit An Occurrence Form policy is prckn-ed. lfcoverage is provided on a Claims Made policy, its provisions should include covet-age for claims filed on or after the effective date of this contract. In addition, the period for which claims may be reported should extend for a minimum of Avelve (12) months following the acceptance of work by the County. The monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above require-rocills. Pic 33 of 85 183 BUSINESSNUTOM, OBILE LIABILITY INSURANCE RE QUIREMENTS FOR LOWER KEYS HVAC MAIN'll"ENANCle,AND SERVICE - MULTIPLf" LOCATIONS BETWEEN MONROE,COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Business Automobile Hability Insurarim Coverage sliall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: a Owned, Non-Owned, and I tired Vehicles The minimuni limits acceptable shall be: $300,000,Combined Single Limit (CSI,) Ifsplit limits are provided, the minimum limits,acceptable shall be: $200,000 per, person $3001,000 per Occurrence $200,000 Property Damage The Monroe COLM(y Board OfCOL111ty COmmissioners shall be named as Additional Insured on all policies issued to satisfy the abovc mquircments. Page 34 of 85 184 WORKERS' COMPS NSA "ION JNS(JRANC'E REQUIRE AIENTS FOR LOWER KEYS II "AC MAINTENANCE AND SERVICE—muLTiPLE LOCATIONS BETWEEN MONROE COUNTY, FLORIDA AND L 11rior to the coin mencement of' work governed by this cowract, tile Contractor will obtain Workers' C0111pelMitiOn Insurance with limits sufficient to respond to applicablc Workers' Compensation state statutes and the requirements of Chapter 440�, Norida Statutes, In addition, the Contractor will obtain Employers' Liability Insurance with limits of not less thall: $500,00013odily IIIJLH,y by Accident $500,000 Bodily Injury by Disease, policy limits $500t ,000 Bodily InjUry by Disease, each employee Coverage will be maintained throughout tile entire,term of.the contract, Coverage will be provided by as company or companies authorized to transact business in the state of I'lorida. Ir thc Contractor has been approved by the Florida's Depatinient of Labor, as an authorized self-insurer, (lie County may recognize and honor (lie Contractors status, The Contractor may be reqUired to submit a Letter of Audiorization issued by the Department of Labor and a Certificate of Insurance, providing,details on (lie Contractor's Excess Insurance Program. If tile Contractor participates in sell-insurance fund, a Certificate of hisurance will be required. In addition,the Contractor may be required to submit updated financial statements from (lie fund upon request from tile, County. Page 35 of'85 185 Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $500,000 Bodily Injury by Disease, each employee General Liability, including $1,000,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Business Automobile Liability $300,000 Combined Single Limit (Owned, non-owned,and hired vehicles) If split limits are preferred: $200,000 pet-Person $300,000 per Occunvnce $200,000 Property Darnage Builder's Risk Not Required Performance Bond Not Required MONROE' COUNTY, 1100 SIMONTON STREET, KEY WES7' IPL 33040, SHALL BE NAMED CEVRTIPICATE HOLDER AND AS AN ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERS COMPE NSA TION. INDEMNIFICATION, IT OLD HARMLESS, AND DEI?ENSE. Notwithstanding any mininium insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify, and hold the County and the County',,; elected and appointed officers and employees harm less from and against(i)any claims, actions,or causes ol'action,(it)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 (id)any costs or expenses (including attorney's fees) 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 Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) tile negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any edits employees, agents, sub-contractors or other invitees,or(C.)Contractor's del"aUlt in respect of any ofthe obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or cxpenscs,arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary finnitatiort of liability under this contract shall be equal to the dollar value of tile contract and not less than $1 million per occurrence pursuant to Section 725,06, Florida Statutes, Insofar as (tic claims, actions,causes of action, litigation, proceedings, costs,or expenses relate to events Page 36 of 85 186 or CirCUIllstances that occur during the term of this Agreement, this section will survive tile expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the Project (to include the work of others) is delayed or suspended as a result of tile Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County fi-orn,any and all increased expenses resulting from such delay, Should any clainis be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, (lie Contractor agrees and,warrants that the Contractor shall hold (lie County harmless and shall indemnify it ftom till losses occurring thereby and shall further defend any claini or action oil tile County's behalf. The extent of"liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this, AgreeniellL IFDEM Indemnification To (lie Fullest extent permitted by law, tile Contractor shall indernnify and hold harmless (lie Agency, time State of Florida, Department of Emergency Managment, and its officers and employees, fivil litibilitics, darnages, 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 inictided to not- shall it collStitLitC, a waiver of the State ol'Florida and the (County) Agency's sovereign ininiunity, PROPOSER'S STATUINENT I understand the insurance that will be mandatory if awarded tile contract and will comply in full with all of the requirenients herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. W4 Rgki" PROPOSER Signatu , 0 rr-SJ Page 37 485 187 INSURANCE A(.'FNT'SSTA'I'TMFN,r I have reviewed flie above re i reine tits with the proposer muned above. The following deducliblesupply to the corresponding policy. POLICY DEDUCTIBLE'S General Liability Each occutrence&Employee-S1,000 IPLI-S2,500 Coniniercial Auto Liability lap ficies are X Occurrence Claims Made RSC Insurance Brokerage,Inc. 'AA1,177. 0 at cer Insurance Agency lqignatu Page 38 ail'85 188 FOREIGN ENTITIES AFFIDAVJT F.S. 28,7.138 (10.4 accordhig to law oil my oath,and 1mider the city of pelill pe�jury,depose and spy,-14at- I all] of the r1m) of Akoski—_P& A t ('Irldty"), the bidder nankin, the Proposal q for the I)rojcct described ill the Request tor Proposals for l �LP l Wre and that I executed tile said 1)roposal with full ot. wt� "s authority to do so; 1.), The Entity is not owned by the.government of foreign country ofconcern as defined in section 287',138,Florida Statutes.(,Source: §287,138(2)(a),Florida Statutes); C, The government of foreign country of concern does not have a controlling interest ill Entity.(Source., §287.138(2)(b),Florida Stanites); d., Entity is not owned or cotilrolled by (lie government ofa foreign country of concern, as defilled ill S ect ion 692.20 1,Florida Statutes.(Sell rce; §288.007(2), Florida Stat u tes); e. Entity is not a partnership, association, corlioration, organization, or other combination of Persons orgmized under die laws;of or having its principal place of business in a foreign country of concern, ass s defined in Section 692,201, Florida Statutes, or a SUbsidiary of such entity. (Source. § 28&007(2), Florida Statutes); E Entity is not as forcign prilicilml, as defiried ill Section 692.201, Florida Statutes. (Source: § 692,202(5)(a),(I),Florida Statutes); 9. Entity is ill compliance wilh all ipplicable requirements of Sections 692,202, 691203,and 692.204, Horida Statutes. 11, (Only apiflicable if purchasing real [woperty) Fritity is not as foreign princilial prohibited fi-om porchasing tile subject reall property, Enmity is either (a) not a person or entity descHbed in Section, 092,204(1)(a), Florida Statutes, or (b) authorized under Section 692.204(2), Florida Statutes, to purchase the subject property, Frifity is in compliance with the requirements of Section 692,204, Florida Statutes,(Source: §§692.203(6)(a),692.204(6)(11),Horida Statutes) i. The statements contained in this, affidavit are true and correct, and niadc with full knowledge, that Monroe County relies npon the truth of the statement 4,=i4 jined in this affidavit ill awarding contracts for said project. (Signature) STATF OF: 1,)ate: -,1A COUNTY OF: S b ibed fa�d swin-ii to(or affirriled)before me,�L,ijlrwms of 'llysical p nee or 11 online notari7ation. oil by r-j ---------------- short qo (name of affiant). 1111-'!10 11, It to[lie of,has produced (t �47fidtrglifijcadon)as identification, Y NOTARY PUBLk'! ��4p vycloinmission Expires: STEPHAME111NER0 CoWnliss!on U H H 078,505 Expires Febwary 5,2025 yowltd Ififu"020 IIQII#Y senk ADDITIONAL COUNTY FORMS Page 51 of 53 189 COMMON CARRIER RESPONSIBILIT'IES AFFIDAVIT F.S. 908.111 I, of' the City 01, j-, O-L40YS-11-- , according to law on nly oath, grad under penalty of perjury, depose and say that: If Coil tractor is a con,1111on Carrier, as defined by Section 908,11 1, 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 Mention, removal, or depailure of the person from this state or the United States. (Signature) Printed Name .............. STATE OF. COUNTY OF, iy"�A' CVLZ� Do-,eLk, :7 e Subscribeda w rand to( i-aflit-iiied) bcfoi-e rare, byiiiealls(.)fulolli�r.N* a I [m e or o 0 nfille notarizatio ......... (date) b§' (nanie ofa If I alit). I .1s p T, 1 V71 I—,- el,!VT Q,�,vn�u) me or has produced t 11 d 11 at ion ye of i e tific as identification. A Y PUBLIC S"fir PHANE MEW Commission#HH078505 My Commission Expires, Expires Febivary 5,2025 01 MV 8d4;dNmxy$fvk4�i ADDITIONAL COUNTY FORMS Page,52 of 53 190 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR CES Entity/Vendor Name. m � °��w, � w.� Vendor Fl I ., Le, C)14 �. " �� � Vendor's Authorized Representative',,.. � w � �� st dad Title) Address: aa.rxre � r.. city: St p:3� . Phone Number: Email Address: rn s as nongovernmental entity executing, renewing, or extending as contract with as government entity, Vendor is required to provide an affidavit Linder penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06, Florida, Statutes, As defused in Section 787,, t ( )( ), coercion means: 1, Using or threating to use physical force against any person„ 2. Restraining, isolating, or confining or threaating to restrain, isolate, or confine any person without lawful authority and against her or his will, . Usin.g lending or other credit methods to establish as duct by any person when labor or services are pledged as as 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; Causing or tlareaating, to cause financial harm to wi,y person; 6, Enticing or hiring arav person by fraud or deceit; or 7. Providing as controlled substance as outlined in chcdule 1 or Schedule 11 of Section 893.03 to any persona for the pa,rrpose of cxploitaation of that person. s as person authorized to sign on behalf of Vendor, l certify Sander~ penalties of perjury that Vendor does not vise coercion for labor or services in accordance with Section 787,06, Additionally, Vendor has reviewed Section 78 . 6, Florida Statutes, and agrees to ioe by same, -w Certified By: ,w_ _ who is authorized to sin on lael'f-cif t4if alcove refer era t ompar-ay. U Authorized i° aataaa� Print ae .... .. ADDITfONAL COUNTY FORMS Page 53 a 53 191 Customer References Monroe County District School Board 241 Trumbo Road Key West, Ft 33040 ATTN: Jeff Barrow 305/853-1930 City of Miami Beach Property Management 1833 Say Rd Miami Beach, FL 33139 AITN: Olga Sanchez 305/673-7OOOx22567 City of Coconut Creek 490O W opans Rd Coconut Creek, FL 33063 ATTN: Sal Magliarisi 954/545-6618 Credit References MFH Sheet Metal Fabricators 2400 NW 150 St Opa Locka, FL 33054 ATTN* Farah Borras Hernandez ,305/ 85-1874 Precision Ventilation & Associates 6157 NW 167 St Unit F-9 Miami Lakes,, FL 33015 ATTN: Omar Valdes 305/362-4320 AM Distributors 2555 NW 75 Ave Miami, FL 33122 305/456-2644 192 w. M 1, wN i • + M � A aI�M • M _r w � r 1 ■ � t om +1 idol • �w r 2023 / 2024 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 301, 2024 RECEIFr;# 30140-93813 Business Narne; MASTER MECHANICAL SERVICES INC MO Own:er Name., JOANN PINNA PRES,WILLIAM FLOWERS Business Location: Kf. C'TyY WEST, FL 33040 Mailing Address:QUALIFIER IS 181 NW 33 ft Business Phone., 305-825-3004 MIAMI, Fl- 3305�4 Business Type-, CON rRACTOR(HVAr,; GENERAL) Employees 15 STATE LICENSE- CMC057200; CGC1506699 Tax Amount for Fee Su, -Total P.nai ty N co(For Years I lection Cost ',Total P a 1 d r 35X0 om 35.100 0 mo _a, 0 t 35,00 Paid 000-22-00054808 07/13,12023 3 5 .00 THIS BECOMES A TAX RECEIPT Sani C.Steele, CFC, Tax Collector THIS IS ONLY A TAX. WHEN VALIDATED PO Box 1129, Key We9t, FL 33041 YOLI MUS]"MEET ALL COUNTY AND/OR MUNICIPALITY PLANNING, ZONING AND LICENS)NG REQUIREMENT& MONROE COUNTY BUSINESS TAX RECEIPT P.O. Box 1129, Key West, FL 33041-1129 EXPIRES SEP'I'EMBER 30, 20,24 Buslness Name., MASTER MECHANICAL SFRVICFS INC RFC E-IfYT4 30140-93813 M0 CTY Business Locatfon. KEY WEST, FL 33040 Owner Name: JOANN PINK A PRES,WILIJAM FLOWERS Mallinig Address:QUALIFIER Business Phone. 30S-825 3004 15181 NW 33 PiL Business Type, CONTRACTOR (hVAC;GENERAL, MIAMI, FL 33054 Emp oyees 15 SrXfL-' LICENSE., CMC057200, CGC1506699 'Tax Amount Transfer Fee Sub Penalty I ring Years Collection Cost Total Paid 35�00 0X0 3516Ci 0.00 0X0 0.00 35.00 Paid 0010-22-00054808 07 13/2023 35.00 194 Local Business Tax Receipt Miami -Dade County,State of Florida THIS rS NOT A SILL.-DO NOT PAY 4649821 RECEIPT NO RENEWAL SERVICES INC "��1AF�1 NW r���' a Mom ledisp�ray+ad ak p#Agee ttF btraNruass Pursuont to County Code 0 4- 400 erraµatorSA-Art, �a1tl OWNER SEC.TYPE OF BUSINESS PAYMt NT RECEt°U'Et MASTER MECHANICAL SERVICES 196 GENERAL MECHANICAL BY TAX ats. CTOA INC, CONTRACTOR Oki) p7{L��1�9 14)IAMR;Ff CWPP.;(at')A]IFfFI 23 This tocal Boslrgess TaX rroceiptonCY confirms payanerrl of the Local Business fox,The Receipt Ns not a license„ {aeon,Oro cortihcationarthe do anygoaresamionlar or nango reramoralaf reSr latawry laws arsd regurrarnonut which apply to tho business„ The rt'EMPT NO.above must be dIsplayod on ail commercial vahlcles-Worni-Dade Code Sec Ba-M, M0 ror more information, vlsfgw�nuw�rgtq� 'i q gq;glra5lat 195 72 cfl uj 0 Cd 0ea9 Z t 4- CL 0 t ra _0 ci 41 Q) u QJ "D vi di ca I- od W 12 41 b tjbY1 Ea, LU G77tA 0 1.0 IZ-1 lip ZE ro 0 z u fE M! 5C) 15 cc 40 LL 4 K "21 L L Ul C-1 0 as cd > CL m 0 r. 0 '5 Now Fn' go 7 X E raw ww craE Zo ,.ON.AOL fob 90 (A u 44 M 7:1 Iz U 0 4- Lh PD 14 Fu Cd �9 E C) a.>' L U v 401 0 U 1w LM. ti u.pti; y 4.. aw Lu c� _ na a a J �. E °' LU "0 0 a co " ti" ab t Y Ali kn U'd (UI Aa CL rt& �F w U9 " �. Cy " *1 UJI; Y � ° Cd wi LJU r 3 4« o v + 3 c" 1171, , a owl 3 w N LO uIj n 4mY co (IJ n,. U r � n 9 e~z La . U " CERTIFICATE F LIABILITY INSURANCE PATE /25/2taCYYrMy A� ram., 062512024 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 T14E POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A.CONTRACT BETWEEN)THE ISSUING IN+NSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder is an ADDITIONAL INSURED,the paI west have ADDITIONAL INSURED uovisions or be endorsed. it SUB ROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not center rights to the certificate holder in lieu of such endorsement(s). PRODUCER cca TACT NAME. RSC Insurance Brokerage,Inc. (PHONE (3O5)446.2271 FAX Arc N Ex AIC Nv 9350 S Dixie l4wy E-NnALSS. i MIA-Cartificates@Rs k-Slrategles,corri Suite 1400 I NSURER(SIAFFORDING COVERAGE NAIC Miami FL 33156 MSUR€RA: National Trust Insurance Co 20141 INSURED INSURER.S. FOCI Insurance Co 10176....... Master Mecharlcai Services Inc INSURER C: National Uniion Fire Insurance Co of fPittsburOh FA. 19445 15181 NW 33rd Place INSURER o: Federal Insurance Co 20261 INSURER E�: Op1a Locka FL 33054 INSURER F. COVERAGES CERTIFICATE NUMBER: CL2432937362 REVISION NUMBER, THIS IS TC)CERTIFY THAT THE POLICIES OF INSURANCE LISTED BEI IU HA%E BEEN ISSUED TO T HE IN'S0.IRED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT,:TERM OR C rNMTION OF ANY CONTRACT OR OTHER DOCUMENT VWITH RESPECT TO WHICH THIS C R71FICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY TIME POL10',',IES DESCMBED HEREIN IS SUBJECT T'CNAL.THE TERMS. EKCLUSIONS,AND CONDITIONS OF SUCH POLICIES LflI+VY'ITS SHOWN MAY HAVE BEEN REDUCED BY PXD CLAIMS ISM OL CY OI.CC LTR TYPE OF INSURANCE INSrn VWVO POLICY NUMBER lMhipomyYtl'Y MM160 YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE s 1 O0J,O0J per;—gip R .¢ uDNCN,CCNCI a q�Ap4.S.NiAIWsE y C.",;c;I,DR F REN I1 S E S fEa occutoenc:e MED EX (Any vw rson) 5 5,000 A Y GLI0 D04184O-06 03t3V2O274 03131 f,2g725 PERSONAL&AOV INJURY S 1,OOO,000 GENILAGGREGA.TE II IMITAPPUES PER: GENE RAIL A GR4?GATC S 2,OOO,000 PRO- 2,000,000 F"C7a,ICy .IEC:T El 10C: -PRODUCTS CC,rNi,AP'Gr`AGG S r THPER: AUTOMOBILE LIABILITY tU�gFjIhNED�INGLELAIT ; 1,OOO,O00 tEaa.r.aiNNs�reI'.....,........... X ANYAUTO BorJILY INJURY EWsrPoison) S B o Nr r) .1CHeVUt5D ~y� CA1OOO83839-O'I J3t31QD2°4 0313112025 BODILY INJURY(P81 1cria�crib) AUTOS ONLY AUTOS ITIREO NON OVVNEQ T RC�ERTY OAMACE, AUTOS ON NA AUTOS ONLY P��ac6lda e W UMBRELLA LIAa X or'CLIR EAfH OCCURRENCE S 4,000,000 C ,� EXCESS LIAR cLAIN s mreAnE ESN O14669844 O31 V2O24 0313112025 Arw,��E�ATE $ 4,000,OOO OF-D RETENTION$, 5 WORKERS COMPENSATION X FER QTHt AND EMPLOYERS'LIA. tlTY OIL "w rna-I IT F r rY Y N N 1 J40J,JJJ ANY EIMBERrFAsaTNEROE ECUrive V p NNA a C91ttu7 6?8 -Jt 3t31d2N724 63d3112J25 uI EAruTAcl InENT s S rlr"rnr�ER r�1EiMeER r�.Naa�ulTuroEca L„�..11 R. N 9C11N�,90t1 (Mandrrtcry In NK) L U.QISEASE EA EMPLOYEE If yes,descilbe under 1,JJJ,O00 UEECMPTION OF OPEI1:ATI019 beloby I E I UISEASL POLICY LIYWI C' CCantV"atOr'S EquipmentScheduled Equip, $115,298 D 0664.21-•83-EUC 03t31/2O24 0313/12025 RentedlLeased Ec1L'ip. $250,000 Deductible $1,000 DESCRIP71ON OF OPERATIONS LOCATIONS P VEHICLES IACORO 101 AddItWral Remarks Schedule.,may be.attached If more apace 18 required) Contract,Lower Keys HVAC NVlairftenanee and Service The Certificate Holder Is AddGtional Insured With aspects to General Liabllrty and Commercial Automobile when required by written contract, IttNt T CERTIFICATE HOLDER CANCELLATION WA un �� -- SHOULD AINY OF THE.ABOVE DESCRII:3SN3 POLICIES BE CANCELLED D N1SI°'OR THE EXPIRATtCN DATE THEREOF„NOTICE WILL BE DELIVERED IN (!Monroe County Board of County Commissioners ACCORDANCE WITH THE POLICY PROVISIONS, 1100 Simonton Street AUTHORIZED REPRESENTATIVE Key VW>est. FL 3304O Q 1988-2O15 ACORD CORPORATION.. All rights reserved.. ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD 198 DATE(MM/DD/YYYY) A`COR" CERTIFICATE OF LIABILITY INSURANCE 03/31/2025 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: RSC Insurance Brokerage,Inc. PHONE (305)446-2271 FAX A/C No Ext: A/C,No): 9350 S Dixie Hwy E-MAIL MIA-Certificates@Risk-Strategies.com ADDRESS: Suite 1400 INSURER(S)AFFORDING COVERAGE NAIC# Miami FL 33156 INSURERA: National Trust Insurance Co 20141 INSURED INSURER B: Progressive Express Insurance Company 10193 Master Mechanical Services Inc INSURER C: National Union Fire Insurance Co of Pittsburgh PA 19445 15181 NW 33rd Place INSURER D: FFVA Mutual Insurance Co 35300 INSURER E: Federal Insurance Co 20281 Opa Locka FL 33054 INSURER F: COVERAGES CERTIFICATE NUMBER: CL2533144701 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TOTHE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE POLICY EFF POLICY EXP LTR INSD WVD POLICY NUMBER MM/DD/YYYY MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE FX OCCUR PREM SDAMAGESOEa occurrrence $ 100,000 MED EXP(Any one person) $ 5,000 A Y GL100041840-07 03/31/2025 03/31/2026 PERSONAL&ADV INJURY $ 1,000,000 MOTHER LAGGREGATE LIMITAPPLIES PER: A T GENERAL AGGREGATE $ 2,000,000 15�¢POLICY PC0. ❑ LOC QW � ,) ----- PRODUCTS-COMP/OPAGG $ 2,000,000 : DATF;__,—...•„__.—�..-,._.---.--�- Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY WA 'w,-, ' '-- COM BINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY(Per person) $ B OWNED SCHEDULED Y 995375229 03/31/2025 03/31/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY X AUTOS ONLY Per accident UMBRELLA LAB OCCUR EACH OCCURRENCE $ 4,000,000 C X EXCESS LIAB CLAIMS-MADE EBU 031373813 03/31/2025 03/31/2026 AGGREGATE $ 4,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION X STER ATUTE EORH AND EMPLOYERS'LIABILITY Y/N 1,000,000 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ D OFFICER/MEMBER EXCLUDED? N/A WC840-0816960-2025A 03/31/2025 03/31/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Contrator's Equipment Scheduled Equip $115,298 E 0664-21-83-EUC 03/31/2025 03/31/2026 Rented/Leased Equip $100,000 Deductible $1,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Contract:Lower Keys HVAC Maintenance and Service The Certificate Holder is Additional Insured with respects to General Liability and Commercial Automobile when required by written contract. 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 AUTHORIZED REPRESENTATIVE Key West FL 33040 »., ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 199