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HomeMy WebLinkAbout2. 08/20/2025 Agreement GVS COURTq° o: A Kevin Madok, CPA - �o ........ � Clerk of the Circuit Court& Comptroller Monroe County, Florida �z cooN DATE: September 2, 2025 TO: William DeSantis, Director Facilities Maintenance Chrissy Collins Executive Administrator Stan Thompson Contract Manager �onroecounty-fl-jgov FROM: Liz Yongue, Deputy Clerk SUBJECT: August 20, 2025 BOCC Meeting The following item has been executed and added to the record: C19 Agreement with Advance Water Technology Corp., in an annual amount not to exceed $42,000 for Countywide Chemical Water Treatment and Testing Services at Multiple Locations in Monroe County. Funding is Ad Valorem. Should you have any questions please feel free to contact me at(305) 292-3550. cc: County Attorney Finance File KEY WEST MARATHON PLANTATION KEY 500 Whitehead Street 3117 Overseas Highway 88770 Overseas Highway Key West, Florida 33040 Marathon, Florida 33050 Plantation Key, Florida 33070 AGREEMENT FOR CHEMICAL WATER TREATMENT AND TESTING SERVICES, MONROE COUNTY, FLORIDA THIS AGREEMENT ("Agreement") is made and entered into this 20th day of August, 2025,by and between MONROE COUNTY, a political subdivision of the State of Florida, hereinafter referred to as "County",the address of which is 1100 Simonton Street, Key West, Florida 33040, and Advance Water Technology Corp, a Florida Profit Corporation, hereinafter referred to as "Contractor", the address of which is 7901 Southwest 6th Court, Yd Floor, Suite 4350,Plantation,Florida 33324, (collectively,the"Parties"). WHEREAS, the County desires to contract for the performance of the work and/or services described in Exhibit "A" and identified as the Scope of Work, which is for Countywide Chemical Water Treatment and Testing Services at Multiple Locations in Monroe County ("Project"); and WHEREAS, the Contractor desires to and is able to perform the work and/or services described in the attached Exhibit"A"; and WHEREAS,it serves a legitimate public purpose for the Contractor to perform the work and/or services for Monroe County as described in the attached Exhibit"A"; NOW, THEREFORE, IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter contained, the Parties do hereby agree as follows: 1. Agreement Documents. The documents, of which this agreement is a part, are as follows: This Agreement and any amendments executed by the parties hereafter, together with the RFP and any addenda, the response to the RFP, and any attached exhibits thereof, and all required insurance documentation and required licenses. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. 2. Scone of Work. The Scope of Work shall include, but not be limited to, all work and/or services shown and listed for the locations as noted in Exhibit "A", which is attached hereto and made a part hereof. The Contractor is required to provide a complete job as contemplated by this Scope of Work. The Contractor shall furnish all labor, supervision, materials, power tools, equipment, supplies, permits, if any are necessary, and any other means of construction or work necessary or proper for performing and completing the Scope of Work,unless otherwise specifically stated,or as amended throughout the term of this Agreement.At times,the County may request additional services for the repair,replacement, or upgrade of major components, parts, or equipment as noted in Exhibit "A". The Contractor shall be responsible for the scheduling of services required per the Scope of Work, so as each task is satisfactorily completed. 3. Term. The Initial Term of this Agreement shall be for three (3) years which shall commence on September 11,2025, and will terminate on the 1 Oth day of September 2028,unless terminated earlier under another paragraph of this agreement. The County shall have the option to renew this Agreement for up to an additional five(5)one- year periods on terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least thirty (30) days prior to the end of the Initial Term. Unless the context clearly indicates otherwise,references to the"term"of this Agreement shall mean the Initial Term of three (3) years. The County is not required to state a reason if it elects not to renew. 4. Force Maieure. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control,without such Party's fault or negligence and that,by its nature,could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war,invasion,hostilities(whether war is declared or not), terrorist threats or acts, not, or other civil unrest in the geographic area of the Premises; (d)government order or law in the geographic area of the Premises; (e)actions, embargoes,or blockades in effect on or after the date of this Agreement; and(f)action by any governmental authority prohibiting work in the geographic area of the Premises (each, a "Force Majeure Event"). The Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by the Contractor under this Section. The County will not pay additional costs as a result of the Force Majeure Event. Accordingly, the parties further agree that: (a) Upon the occurrence of a Force Majeure Event,the non-performing party shall be excused from any further performance of those obligations under this Agreement that are affected by the Force Majeure Event for as long as (a) the Force Majeure Event continues; and (b) the non-performing party continues to use commercially reasonable efforts to recommence performance whenever and to whatever extent possible without delay. Upon the occurrence of a Force Majeure Event, the non-performing party shall notify the other party of the occurrence of such event and describe in reasonable detail the effect(s) of such event upon the party's performance of its obligations and duties pursuant to this Agreement. Such notice shall be delivered or otherwise communicated to the other party within two(2)business days following the failure or delay causedby the Force Majeure Event, or as soon as possible after such failure or delay if the Force Majeure Event precludes the non-performing party from providing notice within such time period. 2 5. Personnel. The Contractor will be responsible for the supervision, hiring, and firing of their own employees and shall be solely responsible for the pay,worker's compensation insurance, and benefits. Communication between the County Representative and the Contractor's personnel is very important. Therefore, the Contractor must assure that at least one(I) of its personnel per building can communicate well in the English language with the County Representative. Any employee hired by the Contractor will be the Contractor's employee and in no way has any association with the County. The Contractor shall insure that its employees are trained in all appropriate safety regulations, including but not limited to, OSHA regulations, and all other applicable local, State, and Federal regulations. Uniforms are preferred for the Contractor's personnel.In any event,photo identification cards are required, which shall clearly identify personnel as employees of the Contractor. This requirement shall apply upon entering County property and at all times while on duty. 6. Background Checks/Fin2ernrintin2. The Contractor's employees must consent to Level One background checks and the results are to be provided to the County within thirty (30)days of award of the contract. The County reserves the right to refuse personnel based upon the results of the background check. The County reserves the right to demand of the Contractor the replacement of an employee for the Contractor if a conflict or problem with that employee should arise. The County's Facilities Maintenance Director or his designee shall have the right to require any employee(s) of the Contractor to be permanently removed from any County facility serviced by the Contractor whenever it appears to be in the best interest of the County. It is the responsibility of the Contractor to inform the Facilities Maintenance Director or his designee of all new hires and the results of the background check within five(5) days of such employment. The Contractor will be responsible for the supervision, hiring, and firing of their own employees, and shall be solely responsible for the pay,worker's compensation insurance, and benefits. Some work will be conducted at secure facilities, including, but not limited to Corrections/Detention facilities, law enforcement, and fire rescue. Background checks, including at a minimum: A. Warrants check; B. Fingerprints; C. Local Records check; D.Prior Employment check; and E. Criminal History check are required of the Contractor's personnel that will enter Monroe County Sheriff's Office ("MCSO")facilities. Background checks on such personnel will be conducted by the MCSO. MCSO may prohibit entry to, or remove from, any secure facility any Contractor employee who, in the judgment of MCSO, poses a risk to the security or good order of the facility. Thereafter,MCSO and the Contractor will immediately discuss the resolution of the problem. 3 If the problem is not resolved to the satisfaction of the MCSO, the employee shall not be permitted to return to any facility operated by the MCSO. The Contractor will promptly replace the employee at no additional cost to the County. The Contractor further agrees to notify the County immediately upon becoming aware that one of its employees or subcontractor's employees, who previously completed the background check is subsequently arrested or convicted of any crime. Failure by the Contractor to notify the County of such arrest or conviction within forty-eight (48) hours of being put on notice by the employee/subcontractor and/or within five (5) days of its occurrence shall constitute grounds for immediate termination of this contract by the County. The parties further agree that failure by the Contractor to perform any of the duties described in this paragraph shall constitute a material breach of the contract entitling the County to terminate this contract immediately with no further responsibility to make payment or perform any other duties described herein. 7. Insurance. The Contractor shall obtain and maintain at its own expense the insurance coverages listed within this paragraph prior to commencing service under this Agreement. All insurance requirements provided for in this Agreement shall be subject to annual review. The Contractor must keep in full force and effect the insurance described during the term of this Agreement. If the insurance policies originally purchased that meet the requirements are canceled,terminated,or reduced in coverage,then the Contractor must immediately substitute complying policies so that no gap in coverage occurs. Copies of current policy certificates shall be filed with the Monroe County Risk Department or the Facilities Maintenance Department Contract Monitor, as appropriate, whenever acquired, amended, and annually during the term of this Agreement. Prior to execution of this Agreement, the Contractor shall furnish the County Certificates of Insurance indicating the minimum coverage limitations in the following amounts: • WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where applicable, coverage to apply for all employees at the minimum statutory limits as required by Florida Law, and Employee's Liability coverage in the amount of$500,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and$500,000.00 bodily injury by disease, each employee. • COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are$200,000.00 per person, $300,000.00 per occurrence, and $200,000.00 property damage. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles. • COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than$1,000,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability. 4 • 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 requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days written notice shall be provided to the County before any policy or coverage is canceled or restricted. The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VII or better, that is licensed to conduct business in the State of Florida and that has an agent for service of process within the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the County,its officials,employees,agents,and volunteers. Failure of Contractor to comply with the insurance requirements of this section shall be cause for immediate termination of this Agreement. MONROE COUNTYBOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST, FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION. 8. Contract Sum and Payment to Contractor. A. The County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. The County shall pay in accordance with the Florida Local Government Prompt Payment Act. Payment will be made after delivery and inspection by the County and upon submission of a proper invoice by the Contractor. B. The Contractor shall submit to the County invoices with supporting documentation acceptable to the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to as "County Clerk"), on a monthly schedule in arrears for monthly maintenance. The Contractor shall submit to the County repair invoices with supporting documentation acceptable to the County Clerk, at completion of the repair by the Contractor and said work approved by an appropriate County representative, to be paid at the earliest date possible following completion of the service. Acceptability to the County Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the County Clerk's disbursal of funds. C. The County shall pay the actual cost of parts, materials, and refrigerants, excluding freight, equipment rental, tax amounts, surcharges, and services supplied by others purchased from the manufacturer plus ten percent(10%)to fulfill the obligations of the Contract. Delivery fees, freight, engineering, permits, equipment, sales tax and surcharges are excluded from the mark-up. The Manufacturer's or Retailer's invoice must accompany all parts when submitting requests for payment. Freight invoices must accompany all orders that require shipping or transportation of parts whether the part is under warranty or not. 5 D. The cost of labor used by the Contractor to fulfill the obligation of the Contract will be calculated using the rates set forth in the Contractor's bid as follows: 1. The following Open Loop Systems require monthly water treatment services: Murray E Nelson Government Center $325.00 Per Month 102050 Overseas Highway, Key Largo, FL Monroe County Detention Center $695.00 Per Month 5501 College Rd, Stock Island,FL Monroe County Sheriffs Admin Building $300.00 Per Month 5525 College Rd, Stock Island,FL Jackson Square Complex $475.00 Per Month 500 Whitehead St,Key West,FL Total Per Month: $1,795.00 Annual Total $21,540.00 2. The following Closed Loop Systems require quarterly water treatment services: Murray E Nelson Government Center $37.50 Per Quarter 102050 Overseas Highway, Key Largo, FL Monroe County Medical Examiner—Crawl Key $33.75 Per Quarter 56639 Overseas Highway,Marathon,FL Monroe County Detention Center $10.00 Per Quarter 5501 College Rd, Stock Island,FL Monroe County Sheriffs Admin Building $10.00 Per Quarter 5525 College Rd, Stock Island,FL Department of Juvenile Justice Building $28.75 Per Quarter 5505 College Rd, Stock Island,FL Harvey Government Center $36.25 Per Quarter 1200 Truman Ave, Key West, FL Key West Library $28.75 Per Quarter 700 Fleming St, Key West,FL 6 Gato Building $35.00 Per Quarter 1100 Simonton St,Key West, FL Jackson Square Complex $47.50 Per Quarter 500 Whitehead St,Key West,FL Total Per Quarter: $267.50 Annual Total $1,070.00 3. The following Buildings require bacteria and legionella counts and treatment if needed: Murray E Nelson Government Center $175.00 Per Quarter 102050 Overseas Highway, Key Largo, FL Monroe County Medical Examiner—Crawl Key $N/A Per Quarter 56639 Overseas Highway,Marathon,FL Monroe County Detention Center $175.00 Per Quarter 5501 College Rd, Stock Island,FL Monroe County Sheriffs Admin Building $ 175.00 Per Quarter 5525 College Rd, Stock Island,FL Department of Juvenile Justice Building $N/A Per Quarter 5505 College Rd, Stock Island,FL Harvey Government Center $N/A Per Quarter 1200 Truman Ave, Key West, FL Key West Library $N/A Per Quarter 700 Fleming St, Key West,FL Gato Building $N/A Per Quarter 1100 Simonton St,Key West, FL Jackson Square Complex $175.00 Per Quarter 500 Whitehead St,Key West,FL Total Per Quarter: $700.00 Annual Total $2,800.00 7 4. Additional Services: a) Normal working hours from 8:00 a.m. to 5:00 p.m., Monday through Friday, excluding holidays: $70.00 per hour,mechanic $100.00 per hour,mechanic plus helper b) Overtime rate for hours other than the normal working hours as stated above,including holidays: $105.00 per hour,mechanic $150.00 per hour,mechanic 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. 5. The Contract amount may be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index for all Urban Consumers(CPI-U), as reported by the U.S.Bureau of Labor Statistics, or three percent (3%), whichever is less, and shall be based upon the CPI-U computation on December 31 st of the previous year. 6. Total Compensation to the Contractor for Fixed Annual Costs and Additional Services under this Agreement shall not exceed Forty-Two Thousand and 00/100 ($42,000) Dollars per contract year, unless pre- approved emergency work requiring additional funds is implemented and approved by the Board of County Commissioners. 9. Licenses. The Contractor has, and shall maintain throughout the term of this Agreement, appropriate licenses. Proof of such licenses shall be submitted to the County upon execution of this Agreement and annually thereafter or upon any renewal. 10. Assignment/Subcontract. The Contractor shall not assign or subcontract its obligations under this Agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this Agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. 8 I I. Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7)years from the termination of this Agreement or for a period of five(5)years from the submission of the final expenditure report as per 2 CFR§200.334,if applicable,whichever is greater.Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for seven (7) years following the termination of this Agreement. If an auditor employed by Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. 12. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the County or the County Clerk to substantiate charges related to this agreement, and all other agreements, sources of information and matters that may in the County's or the County Clerk's reasonable judgment have any bearing on or pertain to any matters,rights, duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to audit and/or reproduction by County's representative and/or agents or the County Clerk. The County or County Clerk may also conduct verifications such as, but not limited to, counting employees at the job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors,suppliers,and contractors'representatives. All records shall be kept for seven (7)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If an auditor employed by Monroe County or the County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, Florida Statutes, running from the date the monies were paid to the Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. 13. Mechanic's Liens. The Contractor shall not permit any mechanic's lien or liens to be placed on the Premises or on improvements thereon. If a mechanic's lien is filed, it shall be the sole responsibility of the Contractor or its officer, employee, agent, subcontractor, or other representative causing the lien to be filed to discharge the lien and to hold harmless and defend Monroe County against enforcement of such lien. Pursuant to Section 713.23, Florida Statutes, the liens authorized in Chapter 713,Florida Statutes do not apply to the County.Nothing in this section is to be read as a waiver or authorization by the County of its constitutional and statutory immunity and right to have its property free of such liens. 14. Public Records Compliance. The Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of Article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall,as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to 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 receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. 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 10 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. 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. 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 ST., SUITE 408, KEY WEST, FL 33040, ublicrecords�)rnonroecoun -fl. ov, (305) 292-3470. 15. Hold Harmless,Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, the Contractor shall defend, indemnify, and hold the County and the County's elected and appointed officers and employees harmless from and against (1) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against,initiated with respect to,or sustained by,any indemnified party by reason of, or in connection with, (A) any activity of the Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness,intentional wrongful misconduct,errors or other wrongful act or omission of the Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) the Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than the Contractor). The monetary limitation of liability under this Agreement shall be equal to the II dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 7 herein. Insofar as the claims, actions, causes of action, litigation,proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. FDEM Indemnification To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Agency, the State of Florida, Department of Emergency Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence,recklessness or intentional wrongful misconduct of the Contractor and persons employed or utilized by the Contractor in the performance of this Contract. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the(County) Agency's sovereign immunity. 16. Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of County and Contractor in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the County be required to contain any provision for waiver. 17. Independent Contractor At all times and for all purposes under this Agreement, the Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. 12 18. Nondiscrimination/Equal 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 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 VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis of race, color, religion, sex, or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended(20 USC s. 794),which prohibits discrimination on the basis of disability;4)The Age Discrimination Act of 1975, as amended(42 USC ss. 6101-6107)which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended,relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title 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. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339) as amended by Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor), see 2 C.F.R.Part 200,Appendix II,�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. Such action shall include, but not be limited to, the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The 13 Contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 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) 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 by the agency contracting officer, advising the labor union or workers' representative of the Contractor's commitments under Section 202 of Executive Order 11246 of September 24, 1965, 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 furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting 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 such 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 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. H) The Contractor will include the portion of the sentence immediately preceding Subparagraph (A) and the provision of Subparagraphs (A) through (H) in every subcontract or purchase order unless exempted by rules, regulations, or orders of 14 the Secretary of Labor issued pursuant to Section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for non-compliance. Provided, however,that,in the event a contractor becomes involved in,or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the Contractor may request the United States to enter into such litigation to protect the interests of the United States. 19. Compliance with Law and License Requirements. In providing all services/goods pursuant to this Agreement, the Contractor shall abide by all laws of the Federal and State government, ordinances,rules, and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes,but is not limited to,the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules, and regulations shall constitute a material breach of this Agreement and shall entitle the Board to terminate this Agreement. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 20. Public Entity Crime Information Statement. A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid,proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work,may not submit bids, proposals, or replies on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-six (36) months from the date of being placed on the convicted vendor list. 21. Employment or Retention of Former County Officers or Employees. The Contractor warrants that it has not employed,retained, or otherwise had act on his/her/its behalf any former County officer or employee in violation of Section 2-149,Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150,Monroe County Code of Ordinances. For breach or violation of this provision the County may,in its discretion,terminate this contract without liability and may also,in its discretion,deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. 22. Covenant of No Interest. The County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, either direct or indirect, which would conflict in any manner or degree with its performance under this contract, as provided in Section 112.311, et. seq., Florida 15 Statutes, and the only interest of each is to perform and receive benefits as recited in this Agreement. 23. Code of Ethics. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position; conflicting employment or contractual relationship; and disclosure or use of certain information. 24. No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person,company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission,percentage, gift, or consideration. 25. No Pledee of Credit. The Contractor shall not pledge the County's credit or make it a guarantor of payment or surety for any contract, debt, obligation,judgment, lien, or any form of indebtedness. The Contractor further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 26. Notice Requirement. All written correspondence to the County shall be dated and signed by an authorized representative of the Contractor. Any written notices or correspondence required or permitted under this Agreement shall be sent by United States Mail, certified, return receipt requested, postage pre-paid,or by courier with proof of delivery. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S.Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: FOR COUNTY: FOR CONTRACTOR: Monroe County Advance Water Technology Corporation Facilities Maintenance Department 7027 West Broward Boulevard, Suite 4337 123 Overseas Highway—Rockland Key Plantation,Florida 33317 Key West, Florida 33040 Attention: Danny Kane Chief Executive Officer 16 and County Attorney 1111 12th Street, Suite 408 Key West, Florida 33040 27. E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, as may be amended from time to time,the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095,Florida Statutes. Pursuant to Section 448.095: A) A public agency, Bidder, or subcontractor, who has a good faith belief that a person or an entity with which it is contracting has knowingly violated Subsection 448.09(1), shall terminate the contract with the person or entity. B) A public agency that has a good faith belief that a subcontractor knowingly violated this subsection,but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. C) A contract terminated under this paragraph is not a breach of contract and may not be considered as such.If a public agency terminates a contract with a Bidder under this paragraph,the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. 28. Taxes. The County is exempt from payment of Florida State Sales and Use taxes. The Contractor shall not be exempted by virtue of the County's exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract,nor is the Contractor authorized to use the County's Tax Exemption Number in securing such materials. The Contractor shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this Agreement. 29. Termination. A) In the event that the Contractor shall be found to be negligent in any aspect of service,the County shall have the right to terminate this Agreement after seven (7) days' written notification to the Contractor. 17 B) Either of the parties hereto may cancel this Agreement without cause by giving the other party ninety (90) days' written notice of its intention to do so with neither party having any further obligation under the terms of the contract upon termination. C) Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with the Contractor should the Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination,prior to termination, the County shall provide Contractor with seven (7) calendar days' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, the County shall pay the Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract.However,the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to the Contractor shall not, in any event, exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. D) Termination for Convenience: The County may terminate this Agreement for convenience, at any time,upon ninety (90) days' written notice to Contractor. If the County terminates this Agreement with the Contractor,the County shall pay the Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to the Contractor shall not exceed the spending cap in this Agreement. E) Scrutinized Companies: For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Section 287.135(5), Florida Statutes, or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,the County shall have the option of(1)terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4),Florida Statutes, are met. F) For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5) Florida Statutes, the County shall have the option of(1)immediately terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error 18 pursuant to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473,relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of(1) terminating the Agreement or(2)maintaining the Agreement,at the County's option,if the conditions of Section 287.135(4),Florida Statutes, are met. 30. Governing Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,the County and Contractor agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County,Florida. 31. Interpretation and Mediation. The County and Contractor agree that,in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them, the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the Circuit Court of Monroe County. 32. Severability. If any term, covenant, condition,or provision of this Agreement(or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction,the remaining terms,covenants,conditions,and provisions of this Agreement shall not be affected thereby and each remaining term, covenant, condition, and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions, and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 33. Attorney's Fees and Costs. The County and Contractor agree that, in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs,investigative,and out-of-pocket expenses,as an award against the non-prevailing party, at all levels of the court system,including in appellate proceedings. 19 34. Adiudication of Disputes and Disagreements. The County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. The Contractor and County representative shall try to resolve the claim or dispute with meet and confer sessions. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Paragraphs 14, 18, 19, 27, 29 or 50 concerning termination or cancellation. 35. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, the County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings,processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 36. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives,successors, and assigns. 37. Authority. Each party represents and warrants to the other that the execution, delivery, and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Agreement to legal counsel of its choice and enters into this Agreement freely, voluntarily, and with advice of counsel. 38. Claims for Federal or State Aid. The Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. 39. Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the 20 territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 40. Legal Obligations and Responsibilities. This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity,in which case the performance may be offered in satisfaction of the obligation or responsibility. 41. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,have entitlements or benefits under this Agreement separate and apart,inferior to,or superior to the community in general or for the purposes contemplated in this Agreement. 42. Attestations. The Contractor agrees to execute such documents as the County may reasonably require including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 43. No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent, or employee of Monroe County in his or her individual capacity, and no member, officer, agent, or employee of Monroe County shall be liable personally on this Agreement or be subj ect to any personal liability or accountability by reason of the execution of this Agreement. 44. Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 45. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 21 46. Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion, tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c)war, invasion,hostilities (whether war is declared or not), terrorist threats or acts, not, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "Uncontrollable Circumstance"). The Contractor's financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse performance by the Contractor under this Section. The Contractor shall give the County written notice within seven (7) days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, or as soon as possible after such Uncontrollable Circumstance has occurred if reasonably anticipated, and the anticipated duration of such Uncontrollable Circumstance. The Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no-cost Change Order or Amendment for such reasonable time as the Owner's Representative may determine. 47. Paragraph Headines. Paragraph headings have been inserted in this Agreement as a matter of convenience for reference only, and it is agreed that such paragraph headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 48. Mutual Review. This Agreement has been carefully reviewed by the Contractor and the County. Therefore, this Agreement is not to be construed against either party on the basis of authorship 49. Incorporation of RFP Documents. The terms and conditions of the RFP documents are incorporated by reference in this Agreement. 22 50. Annual Appropriation. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 51. Federal Contract Requirements. The Contractor and its sub-contractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to Part 200, as amended,including but not limited to: 51.1 Clean Air Act(42 U.S.C. ��7401-7671q.)and the Federal Water Pollution Control Act (33 U.S.C. ��1251-1387, as amended). The Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended(42 U.S.C. §§7401-7671q)and the Federal Water Pollution Control Act,as amended(33 U.S.C. §§1251- 1387) and will report violations to FEMA/Federal Agency and the appropriate Regional Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. §§7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. §§1251-1387), as amended, applies to Contracts and subgrants of amounts in excess of $150,000. The Contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA/Federal agency. The Contractor agrees to report each violation to the County, 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. 51.2 Davis-Bacon Act, as amended (40 U.S.C. W141-3148). When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000, awarded by non-Federal entities must comply with the Davis-Bacon Act(40 U.S.C. 3141-3144 and 3146-3148)as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,contractors must be required to pay wages not less than once a week.If applicable, the County must place a current prevailing wage determination issued by the Department of Labor in each solicitation, which is attached hereto as Exhibit `B" to this Agreement and made a part hereof. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The County must report all suspected or reported violations to the Federal awarding agency. When required by Federal program legislation, which includes Emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant 23 Program,Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the Contractors, in contracts for construction or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply with the Copeland"Anti-Kickback"Act(40 U.S.C.3145),as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States"). As required by the Act, each Contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work,to give up any part of the compensation to which he or she is otherwise entitled. The County must report all suspected or reported violations to the Federal awarding agency. A) Contractor. The Contractor shall comply with 18 U.S.C. §874,40 U.S.C. §3145, and the requirements of 29 C.F.R. Part 3 as may be applicable, which are incorporated by reference into this contract. B) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. C) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. Additionally, in accordance with the regulation, each contractor and subcontractor must furnish each week a statement with respect to the wages paid each of its employees engaged in work covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly payroll period. The report shall be delivered by the contractor or subcontractor,within seven (7) days after the regular payment date of the payroll period, to a representative of a Federal or State agency in charge at the site of the building or work. 51.3 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. W702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each Contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of forty (40)hours.Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of forty (40) hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous, or dangerous. 24 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. A) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty (40)hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. B) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph 29 C.F.R. §5.5(b)(I), the Contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such Contractor and subcontractor shall be liable to the United States(in the case of work done under contract for the District of Columbia or a territory,to such District or to such territory),for liquidated damages.Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in Paragraph 29 C.F.R. 5.5(b)(I), in the sum of $27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty (40)hours without payment of the overtime wages required by the clause set forth in paragraph 29 C.F.R. §5.5 (b)(I) of. C) Withholding for unpaid wages and liquidated damages. The Federal agency shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor,or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph 29 C.F.R. 5.5 (b)(2). D) Subcontracts. The Contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph 29 C.F.R. 5.5 (b)(I) through (4) and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in Subparagraphs 29 C.F.R. 5.5 (I)through(4). E) Anti-retaliation. It is unlawful for any person to discharge, demote, intimidate, threaten, restrain, coerce, blacklist, harass, or in any other manner discriminate against, or to cause any person to discharge,demote,intimidate,threaten,restrain, coerce,blacklist,harass, or in any other manner discriminate against, any worker or job applicant for: 25 I) Notifying any contractor of any conduct which the worker reasonably believes constitutes a violation of the Contract Work Hours and Safety Standards Act (CWHSSA) or its implementing regulations in this part; 2) Filing any complaint, initiating, or causing to be initiated any proceeding, or otherwise asserting or seeking to assert on behalf of themselves or others any right or protection under CWHSSA or this part; 3) Cooperating in any investigation or other compliance action, or testifying in any proceeding under CWHSSA or this part; or 4) Informing any other person about their rights under CWHSSA or this part. 51.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties,assignment or performance of experimental, developmental,or research work under that"funding agreement,"the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,"and any implementing regulations issued by the awarding agency. 51.5 Debarment and Suspension (Executive Orders 12549 and 12689). A contract award under a"covered transaction" (see 2 C.F.R. �180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management(SAM),in accordance with the OMB guidelines at 2 C.F.R.Part 180 that implement Executive Orders 12549(3 CFR Part 1986 Comp., p. 189) and 12689 (3 CFR Part 1989 Comp., p. 235), "Debarment and Suspension" and the Department of Homeland Security's regulations at 2 C.F.R. Part 3000 (Nonprocurement, Debarment and Suspension). SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. SAM exclusions can be accessed at www.sam.�wv. The Contractor is required to verify that none of the Contractor's principals (defined at 2 C.F.R. §180.935) or its affiliates (defined at 2 C.F.R. §180.905) are excluded (defined at 2 C.F.R. §180.940) or disqualified (defined at 2 C.F.R. §180.935). The Contractor must comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R.Part 3000, Subpart C,and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. This certification is a material representation of fact relied upon by the County. If it is later determined that the Contractor did not comply with 2 C.F.R. Part 180, Subpart C and 2 C.F.R. Part 3000, Subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. Bidders or Proposers agree to comply with the requirements of 2 C.F.R.Part 180,Subpart C and 2 C.F.R.Part 3000, Subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The Bidder or Proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. 26 51.6 Byrd Anti-Lobbying Amendment(31 U.S.C. §1352). Contractors that apply or bid for an award exceeding$100,000 must file the required certification.Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant,or any other award covered by 31 U.S.C. §1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient who in turn will forward the certification(s)to the awarding agency. If the award exceeds $100,000, the certification, attached hereto as Exhibit"C"to this Agreement and made a part hereof, must be signed and submitted by the Contractor to the County. 51.7 Compliance with Procurement of Recovered Materials as set forth in 2 C.F.R. §200.323. The Contractor must comply with Section 6002 of the Solid Waste Disposal Act,as amended by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 C.F.R. Part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. In the performance of this contract,the Contractor shall make maximum use of products containing recovered materials that are EPA-designated items unless the product cannot be acquired A) Competitively within a timeframe providing for compliance with the contract performance schedule; B) Meeting contract performance requirements; or C) At a reasonable price. Information about this requirement, along with the list of EPA-designated items,is available at EPA's Comprehensive Procurement Guidelines website, https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Other Federal and/or FEMA Requirements (as applicable): 51.8 Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the Contractor pursuant thereto. 51.9 The Contractor shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Contractor 27 during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 51.10 Access to Records. The Contractor/Consultant and its successors, transferees, assignees, and subcontractors acknowledge and agree to comply with applicable provisions governing the Department of Homeland Security (DHS) and the Federal Emergency Management Agency's (FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors/Consultants must: A) Cooperate with any compliance review or complaint investigation conducted by DHS; B) Give DHS access to and the right to examine and copy records,accounts,and other documents and sources of information related to the grant and permit access to facilities, personnel, and other individuals and information as may be necessary, as required by DHS regulations and other applicable laws or program guidance; and C) Submit timely,complete,and accurate reports to the appropriate DHS officials and maintain appropriate backup documentation to support the reports. 51.11 Department of Homeland Security (DHS) Seal, Logo, and Flags. The Contractor shall not use the DHS seal(s), logos, crests, or reproduction of flags or likenesses of DHS agency officials. This includes use of DHS components' (e.g.,FEMA,CISA,etc.)seals,logos,crests, or reproductions of flags, or likenesses of component officials. The Contractor shall include this provision in any subcontracts. 51.12 Compliance with Federal Law, Regulations, and Executive Order. This is an acknowledgement that FEMA financial assistance may be used to fund all or a portion of the contract. The Contractor will comply will all applicable Federal law, regulations, executive orders, FEMA policies,procedures, and directives. 51.13 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's,as defined in 49 C.F.R.Part 26,as amended,shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth in detail below), applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The County and the Contractor and subcontractors shall not discriminate on the basis of race, color,national origin, or sex in the award and performance of contracts, entered pursuant to this Agreement. A Minority Owned Business Declaration form is attached hereto and made a part hereof,if applicable. 28 2 C.F.R. §200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES, WOMEN'S BUSINESS ENTERPRISES,AND LABOR SURPLUS AREA FIRMS. A) If the Contractor, with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the Contractor shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. B) Affirmative steps must include: 1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2) Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3) Dividing total requirements,when economically feasible,into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; 5) Using services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6) Requiring the Prime contractor, if subcontractors are to be let, to take affirmative steps listed in Subparagraphs (1)through(5) of this section. 51.14 Changes to Contract. The Contractor understands and agrees that any cost resulting from a change or modification, change order, or constructive change of the Agreement must be within the scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable for the completion of the Project. Any contract change or modification, change order, or constructive change must be approved in writing by both the County and Contractor. 51.15 Prohibition on Certain Telecommunications and Video Surveillance Services or Equipment as set forth in 2 C.F.R. 200.216. As of November 12,2020,all FEMA recipients and subrecipients, and their contractors and subcontractors, are reduired to include this contract provision in all FEMA-funded contracts and subcontracts, including any purchase orders. 29 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 telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; 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: 30 i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. b) Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. D) Reporting Requirement. I) 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 source, the Contractor shall report the information in Subparagraph(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 Subparagraph(D)(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 Subparagraph (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 the use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. E) Subcontracts. The Contractor shall insert the substance of this clause, including this Paragraph(E),in all subcontracts and other contractual instruments. 51.16 Domestic Preference for Procurements as set forth in 2 C.F.R. �200.322. The County and Contractor should, to the greatest extent practicable, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron,aluminum,steel,cement,and other manufactured products). These requirements of this section must be included in all subawards including contracts and purchase orders for work or products under the federal award. For purposes of this section: A) "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. 31 B) "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer- based products such as polyvinyl chloride pipe; aggregates such as concrete;glass, including optical fiber; and lumber. 51.17 No Obligation by Federal Government. The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the County/non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. 51.18 Program Fraud and False or Fraudulent Statements or Related Acts. The Contractor acknowledges that 31 U.S.C. Chapter 38 (Administrative Remedies for False Claims and Statements) applies to the Contractor's actions pertaining to this contract. 51.19 Energy Efficiency. If applicable, Contractor will comply with the Energy Policy and Conservation Act Public Law 94-163; 42 U.S.C. §§6201-6422) and with all mandatory standards and policies relating to energy efficiency and the provisions of the State Energy Conservation Plan adopted pursuant thereto. 51.20 Construction Debris and Materials. The Contractor shall load, haul, and properly dispose of all construction debris and materials. Disposal tickets shall be submitted to the County Project Manager for submission to FEMA. If not included on the disposal ticket,the Contractor must also provide the name of the Deposit site,the ID Number of deposit site,and Permits relating to deposit location. If any type of fill is used, the Contractor must provide the name, address, and permit information for the source(s) of the fill material utilized. The Contractor must also note if the fill was obtained from a commercial source, regularly maintained stockpile, or borrow pit. If borrow pits or stockpiles were utilized, verification must be provided that they were not expanded horizontally into undisturbed areas. Due to the ground disturbance,the Contractor shall provide the County with the length,width,and depth of the area that is dug up. If the area is a circle,then the diameter and depth of the hole shall be provided. The County must also be notified if the hole is outside of the existing footprint, whether there was any vegetation removal and,if so,how it was placed back. Final payment is contingent upon compliance with these provisions. 51.21 Providing Good, Safe Jobs to Workers. Pursuant to FEMA Information Bulletin No. 520, the Contractor will comply with all applicable federal labor and employment laws. To maximize cost efficiency and quality of work, the Contractor commits to strong labor standards and protections for the project workforce by creating an effective plan for ensuring high-quality jobs and complying with federal labor and employment laws. The Contractor acknowledges applicable minimum wage, overtime, prevailing wage, and health and safety requirements, and will incorporate Good Jobs Principles wherever appropriate and to the greatest extent practicable. 32 52. The Contractor is bound by any terms and conditions of any applicable Federally Funded Subaward and Grant Agreement between County and the Florida Division of Emergency Management(Division). 53. The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 54. The Contractor shall hold the Division and County harmless against all claims of whatever nature arising out of the Contractor's performance of work under this Agreement, to the extent allowed and required by law. 55. Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto,and there are no other agreements and understandings,oral or written,with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. 56. Final Understanding. This Agreement is the parties' final mutual understanding. It replaces any earlier agreements or understandings, whether written or oral. This Agreement cannot be modified or replaced except by another written and signed agreement. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] [SIGNATURE PAGE TO FOLLOW] 33 l .. IN WITNESS WHEREOF, each party:has caused this Agreement to be executed by a duly authorized representative.• ;r.^.cr-'kt; ._� :,�, ,L„ : COUNTY: . ri ;f 6" 1. �;° :, : 4(sEAL1)� 1,�`Y� BOARD OF COUNTY COMMISSIONERS . :. VIN MADOK, CLERK : ":' OF MONROE COUNTY,FLORIDA . ATT.'r ST KEG -u. ',\ \c 1 ', ti .te r 0 • :; ';',!,,..,,',,',:•:':,:',;•:•'.:377:4,fi? • • ' 1 a 0 • , ak . : • 'T.-7:::::.,:--,:;i,..--,‘:,::,:......:,00-. : 1917 . . . . By. --g.• s' ' -'' '' 'Llheln • • . . a. r . - • . . • . As Deputy Clerk Mayor/Chairman . MONROE COUNTY ATTORNEYS OFFICE . APPROVED AS TO FORM • i :-.--7 il..- './'. • .. .'(L •-•-•''''''-. ': I.' . • ..: . '. • • 1( -4:-',-, Eff,FONti . STANT COUNTY ATTORNEY. • • T DATE: : '7.-29-2075 _ CONTRACT OR: : Witnesses for.CONTRACTOR: • n nol g orp.• •.. .Adva ce•Water Tech o y C� • • ' / jS . ." . • • - • • .. I. gnatur •o�f pers • ' e aut orize to m. Signature : :legally bind Corporation/E.ntity . Date: 7/29/2025: : • : : Lauren Kuzbyt : . : i 7/29/202.5 . : :: - .Daniel Kane, CEO : :: Print Name. . • . .. Date• : Print Name Title : • . • • 11.�� : . /.0 •'d: . •.. Address: .7027 W.Broward Blvd,#337,Plantation,FL 33.317 Signature . 56.1-492-7382 ' Macy Claprood 7/29/2025 Telephone Number Print Name .. ater ,„ �w, lV." L�' . EXHIBIT "A" SCOPE OF WORK A. The Contractor shall provide extensive monthly water chemical treatment services that include but are not limited to all testing, chemicals, reagents, analysis reports, equipment operation checks, feed station checks and chemical refills whereby County personnel do not have to handle any chemicals. 1. The Contractor shall own,inspect,maintain and provide all chemical feed equipment at no cost to the Owner. The Contractor shall maintain chemical feed stations in a professional, clean, safe and compliant manner. The Contractor shall update chemical feed equipment as technology advances. The Contractor shall maintain on-site Logbooks and MSD Sheets. 2. On a quarterly basis, the Contractor shall collect and analyze samples of the treated water for planktonic and sessile bacteria counts per the chart below, along with legionella counts. T he Contractor shall provide to the Owner testing results with interpretation of results and corrective action on a quarterly basis for all cooling tower systems. Target Values Routine Treatment of Cooling Water Systems t�. ar to Pour [Microscopic Parameter Dipslides Petrifilm Exam Planktonic <10 000 <10 000 No higher life Counts(Bulk CFU/mL Target forms Water) Values Sessile <100,00 <100,00 No higher life Counts CFU/cm CFU/cm forms (Surfaces) Deposits NA NA No higher life forms Note: Results from dipslides, agar pour plates, or Petrifilm are colony forming units (CFU per milliliter or per square centimeter) of total aerobic heterotrophic bacteria. Legionella bacteria are not detected by these conventional plate count media. Microscopic examination for the presence of higher life forms requires a trained microscopist and specialized microscopy equipment. 35 3. The Contractor shall maintain low levels of algae and bacteria in all cooling tower systems with alternating biocide treatments and biodispersants. Microbial populations are to be properly controlled and kept numerically as low as possible.Review chemical control of the treatment, adjust the feed, and control equipment based on analytical results. Bacteria target values are noted in the chart above. Biocide types and levels shall be indicated in the monthly report of the Contractor. 4. The Contractor shall maximize energy efficiency by ensuring the cleanliness of all heat transfer surfaces through additives that control corrosion, deposits and fouling. The Contractor shall maintain adequate Scale Inhibitor levels of all cooling tower and closed loop systems. Inhibitor types and levels shall be indicated on the monthly report of the Contractor. The Contractor shall provide up to ten gallons of closed-loop water treatment per system per year. 5. The Contractor shall maintain 4 to 6 chloride water cycles of concentration for cooling tower systems. 6. The Contractor shall inspect each system and associated equipment and report conditions on a routine monthly basis. The Contractor s h a 11 provide additional routine site-visits if necessary to maintain systems within established parameters. The Contractor shall provide up to four additional non-routine/emergency site visits per year. The Contractor shall educate and advise plant personnel on proper maintenance of the systems. 7. The Contractor shall provide a monthly service report for each system. Minimum constituent readings with acceptable ranges included within the report shall be Cl, total hardness, ph, p. alkalinity, in. alkalinity, Organophosphate, Conductivity, Total Dissolved Solids, Temperature, Chloride Cycles, Total Aerobic Bacteria, Water Clarity, and Nitrite. Condition of systems, chemicals used, chemical concentrations, excessive system water loss, any observed abnormal operating conditions. Any contact with on-site personnel shall also be noted. 8. The Contractor shall conduct cooling tower and chiller inspections every year. The inspection will be conducted when the equipment is made available. A report shall be prepared that describes the condition of each cooling tower and chiller. The inspection report shall be distributed and discussed with Monroe County personnel. 9. The Contractor shall warrant that the chemicals used in the water treatment program shall not endanger the health or safety of persons being exposed to them and shall not damage personal or real property when used in accordance with the vendor's instruction for use and disposal of chemicals. 36 10. All chemicals used must meet all required environmental regulations (local, state and federal) and must be used in the proper dilution rates. The Contractor shall provide double containment in compliance with local and state regulation for the chemicals supplied. 11. The Contractor shall load,haul and properly dispose of all generated debris. The Scope of Work shall, at a minimum, include all work shown and detailed above. The Contractor is required to provide complete services as described in the Scope of Work. The Contractor shall furnish all labor, supervision, transportation, materials,power, tools, equipment, supplies, engineering and any other means necessary or proper for performing best practices and completing the Scope of Work,unless otherwise specifically stated. The Contractor shall be responsible for complying with regulations, approvals, and permitting by: Monroe County,Monroe County Growth Management, the Monroe County Building Department, the Fire Marshal, Municipalities, and any other permitting or regulatory agencies as applicable. B. Quality Assurance Program The Contractor shall meet w it h the Owner on a semi-annual basis to evaluate system performance and the Owner's satisfaction with the quality of service that is being provided. The Contractor shall schedule a meeting with the Owner at the beginning of the contract year and an update meeting six months into the contract year with the following being part of the agenda. The Contractor shall compile and submit to the Owner for review all proposed maintenance, testing and treatment protocols as recommended by the Contractor and supported by peer group best practices along with all chemical data sheets. The Contractor shall provide a single point of contact with 24/7 accessibility. The Contractor shall provide Monroe County with technical recommendations for improving the program reliability and consistency. These recommendations will generally involve aspects of the chemical feed equipment as well as equipment for monitoring and control. The recommended system components will have to be compatible with the existing process control hardware. Any program automation/process enhancement recommendations are expected to be fully engineered by the Contractor. Monroe County will review and approve the implementation of any recommendation prior to any change prior to the implementation. 37 C. Additional Services Additional services may include any County facility and may include but not be limited to testing and treatment of potable and non-potable water systems along with cooling tower maintenance and cleaning. 38 EXHIBIT `B" DAVIS-BACON WAGE DETERMINATION STATEMENT 39 "General Decision Number: FL20250022 08/15/2025 Superseded General Decision Number: FL20240022 State: Florida Construction Type: Building County: Monroe County in Florida. BUILDING CONSTRUCTION PROJECTS (does not include single family homes or apartments up to and including 4 stories) . Note: Contracts subject to the Davis-Bacon Act are generally required to pay at least the applicable minimum wage rate required under Executive Order 14026 or Executive Order 13658. Please note that these Executive Orders apply to covered contracts entered into by the federal government that are subject to the Davis-Bacon Act itself, but do not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1(a) (1) . JIf the contract is entered Executive Order 14026 linto on or after January 30, generally applies to the 12022, or the contract is contract. renewed or extended (e.g., an The contractor must pay loption is exercised) on or all covered workers at lafter January 30, 2022: least $17.75 per hour (or the applicable wage rate listed on this wage determination, if it is higher) for all hours spent performing on the contract in 2025. JIf the contract was awarded onl . Executive Order 13658 for between January 1, 2015 andl generally applies to the 13anuary 29, 2022, and the contract. contract is not renewed or The contractor must pay alll lextended on or after January covered workers at least 1 130, 2022: 1 $13.30 per hour (or the applicable wage rate listed ) on this wage determination, 1 if it is higher) for all hours spent performing on that contract in 2025. 1 1 1 The applicable Executive Order minimum wage rate will be adjusted annually. If this contract is covered by one of the Executive Orders and a classification considered necessary for performance of work on the contract does not appear on this wage determination, the contractor must still submit a conformance request. Additional information on contractor requirements and worker protections under the Executive Orders is available at http://www.dol.gov/whd/govcontracts. Modification Number Publication Date 0 01/03/2025 1 01/24/2025 2 02/21/2025 3 07/04/2025 4 08/15/2025 ELEC0349-003 09/16/2024 Rates Fringes ELECTRICIAN. . . . . . . . . . . . . . . . . . . . . .$ 40.24 14.94 ---------------------------------------------------------------- ENGI0487-023 07/01/2023 Rates Fringes OPERATOR: Crane All Cranes 75 Tons and below. . . . . . . . . . . . . . . . . . . . . . .$ 37.07 14.90 All Cranes Over 300 Ton, Electric Tower, Luffing Boom Cranes. . . . . . . . . . . . . . . . .$ 40.40 14.90 Cranes 130-300 Ton. . . . . . . . . .$ 39.38 14.90 Cranes 76 ton to 129 Ton. . . .$ 37.57 14.90 ---------------------------------------------------------------- IRON0272-004 10/01/2024 Rates Fringes IRONWORKER, STRUCTURAL AND REINFORCING. . . . . . . . . . . . . . . . . . . . . .$ 28.84 15.72 ---------------------------------------------------------------- * PAIN0365-004 08/01/2025 Rates Fringes PAINTER: Brush Only. . . . . . . . . . . . .$ 27.00 14.78 ---------------------------------------------------------------- SFFL0821-001 07/01/2025 Rates Fringes SPRINKLER FITTER (Fire Sprinklers) . . . . . . . . . . . . . . . . . . . . . .$ 35.03 24.00 ---------------------------------------------------------------- SHEE0032-003 08/12/2023 Rates Fringes SHEETMETAL WORKER (HVAC Duct Installation) . . . . . . . . . . . . . . . . . . . .$ 29.10 14.68 ---------------------------------------------------------------- * SUFL2009-059 05/22/2009 Rates Fringes CARPENTER. . . . . . . . . . . . . . . . . . . . . . . .$ 15.08 ** 5.07 CEMENT MASON/CONCRETE FINISHER. . .$ 12.45 ** 0.00 FENCE ERECTOR. . . . . . . . . . . . . . . . . . . .$ 9.94 ** 0.00 LABORER: Common or General. . . . . .$ 8.62 ** 0.00 LABORER: Pipelayer. . . . . . . . . . . . . .$ 10.45 ** 0.00 OPERATOR: Backhoe/Excavator. . . . .$ 16.98 ** 0.00 OPERATOR: Paver (Asphalt, Aggregate, and Concrete) . . . . . . . . .$ 9.58 ** 0.00 OPERATOR: Pump. . . . . . . . . . . . . . . . . .$ 11.00 ** 0.00 PAINTER: Roller and Spray. . . . . . .$ 11.21 ** 0.00 PLUMBER. . . . . . . . . . . . . . . . . . . . . . . . . .$ 12.27 ** 3.33 ROOFER: Built Up, Composition, Hot Tar and Single Ply. . . . . . . . . . . . . . . . . . . . . . .$ 14.33 ** 0.00 SHEET METAL WORKER, Excludes HVAC Duct Installation. . . . . . . . . . .$ 14.41 ** 3.61 TRUCK DRIVER, Includes Dump and 10 Yard Haul Away. . . . . . . . . . . .$ 8.00 ** 0.15 ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- ---------------------------------------------------------------- ** Workers in this classification may be entitled to a higher minimum wage under Executive Order 14026 ($17.75) or 13658 ($13.30) . Please see the Note at the top of the wage determination for more information. Please also note that the minimum wage requirements of Executive Order 14026 are not currently being enforced as to any contract or subcontract to which the states of Texas, Louisiana, or Mississippi, including their agencies, are a party. Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any solicitation was issued) on or after January 1, 2017. If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other health-related needs, including preventive care; or for reasons resulting from, or to assist a family member (or person who is like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at https://www.dol.gov/agencies/whd/government-contracts. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29CFR 5.5 (a) (1) (iii)) . ---------------------------------------------------------------- The body of each wage determination lists the classifications and wage rates that have been found to be prevailing for the type(s) of construction and geographic area covered by the wage determination. The classifications are listed in alphabetical order under rate identifiers indicating whether the particular rate is a union rate (current union negotiated rate), a survey rate, a weighted union average rate, a state adopted rate, or a supplemental classification rate. Union Rate Identifiers A four-letter identifier beginning with characters other than .—SU"", I'llUAW"', ?SA?, or ?SC? denotes that a union rate was prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2024. PLUM is an identifier of the union whose collectively bargained rate prevailed in the survey for this classification, which in this example would be Plumbers. 0198 indicates the local union number or district council number where applicable, i.e., Plumbers Local 0198. The next number, 005 in the example, is an internal number used in processing the wage determination. The date, 07/01/2024 in the example, is the effective date of the most current negotiated rate. Union prevailing wage rates are updated to reflect all changes over time that are reported to WHD in the rates in the collective bargaining agreement (CBA) governing the classification. Union Average Rate Identifiers The UAVG identifier indicates that no single rate prevailed for those classifications, but that 100% of the data reported for the classifications reflected union rates. EXAMPLE: UAVG-OH-0010 01/01/2024. UAVG indicates that the rate is a weighted union average rate. OH indicates the State of Ohio. The next number, 0010 in the example, is an internal number used in producing the wage determination. The date, 01/01/2024 in the example, indicates the date the wage determination was updated to reflect the most current union average rate. A UAVG rate will be updated once a year, usually in January, to reflect a weighted average of the current rates in the collective bargaining agreements on which the rate is based. Survey Rate Identifiers The ""SU"" identifier indicates that either a single non-union rate prevailed (as defined in 29 CFR 1.2) for this classification in the survey or that the rate was derived by computing a weighted average rate based on all the rates reported in the survey for that classification. As a weighted average rate includes all rates reported in the survey, it may include both union and non-union rates. Example: SUFL2022-007 6/27/2024. SU indicates the rate is a single non-union prevailing rate or a weighted average of survey data for that classification. FL indicates the State of Florida. 2022 is the year of the survey on which these classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 6/27/2024 in the example, indicates the survey completion date for the classifications and rates under that identifier. ?SU? wage rates typically remain in effect until a new survey is conducted. However, the Wage and Hour Division (WHD) has the discretion to update such rates under 29 CFR 1.6(c) (1) . State Adopted Rate Identifiers The ""SA"" identifier indicates that the classifications and prevailing wage rates set by a state (or local) government were adopted under 29 C.F.R 1.3(g)-(h) . Example: SAME2023-007 01/03/2024. SA reflects that the rates are state adopted. ME refers to the State of Maine. 2023 is the year during which the state completed the survey on which the listed classifications and rates are based. The next number, 007 in the example, is an internal number used in producing the wage determination. The date, 01/03/2024 in the example, reflects the date on which the classifications and rates under the ?SA? identifier took effect under state law in the state from which the rates were adopted. ----------------------------------------------------------- WAGE DETERMINATION APPEALS PROCESS 1) Has there been an initial decision in the matter? This can be: a) a survey underlying a wage determination b) an existing published wage determination c) an initial WHD letter setting forth a position on a wage determination matter d) an initial conformance (additional classification and rate) determination On survey related matters, initial contact, including requests for summaries of surveys, should be directed to the WHD Branch of Wage Surveys. Requests can be submitted via email to davisbaconinfo@dol.gov or by mail to: Branch of Wage Surveys Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 Regarding any other wage determination matter such as conformance decisions, requests for initial decisions should be directed to the WHD Branch of Construction Wage Determinations. Requests can be submitted via email to BCWD-Office@dol.gov or by mail to: Branch of Construction Wage Determinations Wage and Hour Division U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 2) If an initial decision has been issued, then any interested party (those affected by the action) that disagrees with the decision can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Requests for review and reconsideration can be submitted via email to dba.reconsideration@dol.gov or by mail to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210 The request should be accompanied by a full statement of the interested party's position and any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the Wage Appeals Board) . Write to: Administrative Review Board U.S. Department of Labor 200 Constitution Avenue, N.W. Washington, DC 20210. ---------------------------------------------------------------- ---------------------------------------------------------------- END OF GENERAL DECISION" EXHIBIT "C" COUNTY FORMS 40 COUNTY FORMS AFFIDAVIT PROJECT: Chemical Water Treatment and Testing Services,Monroe County,Florida J)i,AjA_i � CW f —j�_,_ ... (Position/Title) according to law on my oath,and under penalty of perjury,depose and say that: I am C GO of the company of ("`CONTRACTOR"")„the bidder making the Proposal for the services described in the Request for Psafe an thatI executed the said proposal with full authority to do so. By signing this Affidavit. CONTRACTOR has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement Lobbying and Conflict of Interest Statement,Drug-Free Workplace Statement, Vendor Certification Regarding Scrutinized Companies List,Non-Collusion Statement,Foreign Countries of Concern,and Common Carrier as set forth below. Public Entity- -Crime Statement In accordance with Section 287.134,Florida Statutes,an entity or affiliate who has been placed on the Discriminatory Vendor List,kept by the Florida Department of Management Services,may not submit a bid,proposal,or reply on a contract to provide goods or services to a public entity;may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work-, may not submit bids,proposals,or replies on leases of real property to a public entity;may not be awarded or perform work as a contractor,supplier, subcontractor or consultant under a contract with any public entity;and may not transact business with any public entity.A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity, crime may not submit a bid,proposal,or reply on contracts to provide any goods or services to a public entity,may not submit a bid,proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on, leases of real property to public entity,may not be awarded or perform work as a contractor,supplier,subcontractor,or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list.By executing this Affidavit,CONTRACTOR represents that the execution of th is Affidavit will not violate the Public Entity Crimes Act(Section 287.133,Florida Statutes).Violation of this section shall result in termination of the Agreement and recovery of all monies paid hereto and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination,based on an audit,that it or any subcontractor has committed an act defined by Section 287.133,Florida Statutes,as a"public entity crime"and that it has not been formally charged with committing an act defined as a .public entity crime"regardless of the amount of money involved or whether CONTRACTOR has been placed on the convicted vendor list. The CONTRACTOR certifies and agrees that CONTRACTOR nor any Affiliate has been placed on the convicted vendor list within the last 36 months. Ithics Clause By signing this Affidavit the CONTRACTOR warrants that he/it has not employed,retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No.0 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.0 10-1990. For breach or violation of this provision the County may,in its discretion,terminate this Agreement without liability and may also,in its discretion, deduct from the Agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage,gift or consideration paid to the former County officer or employee. DmLFme Workplace In accordance with the Florida Statutes, Section 287.087, preference shall be given to businesses with drug-free workplace programs.Whenever two or more bids or replies that are equal with respect to price,quality and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a bid,or reply received from a business that certifies that it has implemented a drug-free workplace program shall be given preference in the award process.Established procedures for processing the bids will be followed if none of the tied vendors have a drug-free workplace program.CONTRACTOR in accordance with Florida Statute 297,087 hereby certifies that CONTRACTOR shall: Page 26 of 90 1. Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing,possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace,the business" policy of maintaining a drug-free workplace,any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection(1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid,the employee will abide by the terms of the statement and will notify the employer of any conviction of,or plea of guilty or polo contendere to,any violation of Chapter 893 ('Florida Statutes)or of any controlled substance law,of the United States or any state, for a violation occurring in the workplace no later than live(5)days after such conviction. 5. Impose a sanction on,or require the satisfactory participation in a drug abuse assistance or rehabilitation program,if such is available in the employee's community,or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. The person authorized to sign this Affidavit certifies that CONTRACTOR/CONSULTANT complies fully with the above requirements. Vmd2r Ctrtifigati2n RMardinst Scrutinized!Qomp*nLq List CONTRACTOR agrees and certifies compliance with the following: Vendor/Contractor has reviewed Section 287.135,Florida Statutes,and in accordance with such provision of Florida law,is eligible to bid on,submit a proposal for,or enter into or renew a contract with Toho for goods or services. Section 287'.135,Florida Statutes prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of any amount if,at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.475, Florida Statutes,. or is engaged in a Boycott of Israel. Section 287.13 , Florida Statutes, also prohibits a company from bidding on,submitting a proposal for,or entering into or renewing a contract for goods or services of$1,000,000 or more,that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List which were created pursuant to s.215.473,Florida Statutes,or is engaged in business operations in Cuba or Syria. As the person authorized to sign on behalf of CONTRACTOR,I hereby certify that the company identified above as'"CONTRACTOR"is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List,the Scrutinized Companies with Activities in the Iran Terrorism Sectors List, or engaged in business operations in Cuba or Syria. I understand that pursuant to Section 287.135,Florida Statutes,the submission of a false certification may subject company to civil penalties,attorney's fees,and/'or costs. I further understand that any contract with the County may be terminated immediately,at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors List or been engaged in business operations in Cuba or Syria. Vendor has reviewed Section 287.135,Florida Statutes,and in accordance with such provision of Florida law,is eligible to bid on,submit a proposal for,or enter into or renew a contract with Monroe County for goods or services. Note;The List(s)is/are available at the following Department of Management Services Site: hU://www,diiis.mvflorida.com/biLsiness o aerations/state �s�arclraasin>ven �r +n,la�rmationJc�e�rrvictezl su o�rs criminatory complaints vendor lists Page 27 of 90 Ngo&ollusion AM11vit CONTRACTOR by signing this Affidavit,according to law on my oath,and under penalty of perjury,depose and say that the person signing on behalf of the firm of CONTRACTOR, the bidder making the Proposal for the project described in the Scope of Work, and that I executed the said proposal with full authority to do so;the prices in this bid have been arrived at independently without collusion,consultation,communication or agreement for the purpose ofrestricting competition,as to any matter relating to such prices with any other bidder or with any competitor,unless otherwise required by law,the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor;and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit or not to submit,a bid for the purpose of restricting competition. FominQuatries of Concern The Contracting with Entities of Foreign Countries of Concern Prohibited Affidavit is required by Section 287,138, Florida Statutes,which is deemed as being expressly incorporated into this Form.The Affidavit must be completed by a person authorized to make this attestation on behalf of the Bidder/Proposer for the purpose of submitting a bid, proposal,quote,or other response,or otherwise entering into a contract with the County.If being awarded the Contract, or otherwise entering into the Contract, would grant Contractor access to an individual's personal identifying information,pursuant to section 287.138,Florida Statutes,the undersigned,on behalf of Contractor,hereby certifies, represents, and warrants that Contractor is not affiliated with a foreign country of concern, as such countries are identified in section 287.139(1),Florida Statutes.The undersigned additionally certifies,represents,and warrants that: (A)Contractor is not owned by a foreign country of concern,(B)the government of a foreign country of concern does not have a controlling interest in Contractor;and(C)Contractor is not organized under the laws of nor has its principal place of business in a foreign country of concern. Common Carrier If Contractor is a common carrier,as defined by Section 908.111,Florida Statutes,then Contractor hereby certifies that it is not willfully providing and will not willfully provide any service during the Contract term in furtherance of transporting a person into this state knowing that the person is an Unauthorized Alien,except to facilitate the detention, removal,or departure of the person from this state or the United States. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK] Page 28 of 90 THE STATEMENTS CONTAINED IN THIS AFFIDAVIT AFIRE TRUE AND CORRECT",AND MADE WT H FULL KNOWLEDGE THAT MONROE COUNTY RELIES UPON THE TRUTH OF THE STATEMENTS CONTAINED IN THIS AFFIDAVIT IN AWARDING CONTRACTS FOR SAID PROJECT, UNDER PENALTIES OF PERJURY,I HEREBY CERTIFY AND DECLARE THAT I HAVE READ AND UNDERSTAND THE FOREGOING AFFIDAVIT AND THAT THE FACTS STATED IN IT ARE TRUE, PURSUANT TO THE AUTHORITY GRANTED TO THE UNDERSIGNED BY CONTRACTOR, THE UNDERSIGNED HEREBY ACKNOWLEDGES, AFFIRMS, AND MAKES THE ABOVE SWORN CERTIFICATIONS ON BEHALF OF CONTRACTOR. (Signature of Respondent/Contractor) (Date) (Title) STATE OF 9, C CA d_Q,_, ,_..... COUNTY OF The foregoing instrument was sworn (or affirmed) � �physical presence or . reg g )and subscribed before me b means of []online notarization this dayof, Si tore of Not Public-State of Florida eµrsonall'y kn�� own� Name of Notary ud My commission expires: Identification "°r"f"PutNlc$is,$of Ftlnrtd'r Type of Identification Produced Corn• Smith tttt My commIsslan HW 3802rt Exptrrz 5112027 I Page 29 of 90 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR SERVICES Entity/Vendor Name: � Vendor -� m .... V dor FEIN. e 4�°�.�t �.��.�.. � ..,, _ .. ......— ......._.._._....m. Vendor's Authorized Representative: (Name and Title) Address . ty: Pk a-v In _FL- State: Zip:a _.. Phone Number: 2 ,5 - (Q( - I l Email Address: N �� (,COe As a non-governmental entity executing,renewing,or extending a contract with a government entity,Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor does not use coercion for labor or services in accordance with Section 787.06,Florida Statutes. As defined in Section 787.06(2)(a),coercion means: 1. Using or threatening to use physical force against any person; 2. Restraining,isolating;or confining or threating to restrain, isolate,or confine any person without lawful authority and against her or his will; 3. Using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security for the debt,if the value of the labor or services as reasonably assessed is not applied toward the liquidation of the debt,the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, concealing, removing„ confiscating, withholding, or possessing any actual or purported passport,visa,or other immigration document,or any other actual or purported government identification document,of any person; 5. Causing or threatening to cause financial harm to any person; 6. Enticing or luring any person by fraud or deceit;or 7. Providing a controlled substance as outlined in Schedule I or Schedule[I of Section$93.03 to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of Vendor,I certify under penalties of perjury that Vendor does not use coercion for labor or services in accordance with Section 787.06 and I declare that I have read the foregoing and that the facts stated in it are true.Additionally,Vendor has reviewed Section 787.06,Florida Statutes,and agrees to abide by same. Certified By: �til ,who is authorized to sign on behalf of the above referenced company. Authorized Signature: Print Name: _ IIrv1 Title: t" U Page 30 of 90 Certification Regarding Debarment,Suspension,Ineligibility And Voluntary Exclusion Contractor Covered Transactions (1) The prospective contractor of the Recipient, Aav��, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Recipient's contractor is unable to certify to the above statement,the prospective contractor shall attach an explanation to this form. CONTRACTOR: es By 4-4� 0Ada1& J9r,-Wz.!' Signature �Recipient's Name I kkg C,E() Name and Title Division Contract Number Tc( S&) L-ftl Street Address FEMA Project Number City,State,Zip -7 Date Page 32 of 90 WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: CHEMICAL WATER TREATMENT AND TESTING SERVICES - MULTIPLE LOCATIONS BETWEEN MONROE COUNTY,FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor will obtain Workers* Compensation Insurance with limits sufficient to respond to applicable Workers' Compensation state statutes and the requirements of Chapter 440, Florida Statutes. In addition,the Contractor will obtain Employers' Liability Insurance with limits of not less than: $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limit $500,000 Bodily Injury by Disease,each employee Coverage will be maintained throughout the entire term of the contract. Coverage will be provided by a company, or companies authorized to transact business in the state of Florida. If the Contractor has been approved by Florida's Department of Labor, as an authorized self- i n s u r e r , the County may recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance,providing details on the Contractor's Excess Insurance Program. If the Contractor participates in a self-insurance fund,a Certificate of Insurance will be required. In addition,the Contractor may be required to submit updated financial statements from the fund upon request from the County. 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 $ 1,000,000.00 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 per Person $300,000 per Occurrence $200,000 Property Damage Page 36 of 40 MONROE COUNTY BOARD OF COLNTY.0 110 )v�Q,MMISSIQNERS 0 SIMO TONSTREET &E Y WES.T, FL L3 SHALL BE NAMED CERTIFICATE HOLDER AND AS AN ADDITIONAL EVSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSA TION INDEMNIFICATION,HOLD HARMLESS AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i)any claims,actions or causes of action,(ii)any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury(including death), loss,damage,fine,penalty or business interruption,and(iii)any costs or expenses (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) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees,agents,sub-contractor's or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement,except to the extent the claims, actions,causes of action, litigation, proceedings,costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, sub- contractors or invitees (other than Contractor). Insofar as the claims,actions,causes of action, litigation,proceedings,costs or expenses relate to events or circumstances that occur during the term of this Agreement, this indemnification will survive the expiration of the term of the Agreement or any earlier termination of the Agreement. In the event that the term of this Agreement is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The extent of liability is in no way limited to, reduced,or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. e Z A-A A 4,�, I rJ PROPOSER Sign Page 37 of 90 INSURANCE AGENT'S STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. POLICY DEDUCTIBLES CO "Ab 7�f I a oQ Au;0 Poi I r Y 44?`I xq Z� Liability policies are✓Occurrence Claims Made r Insurance Agency Signature Page 38 of 90 A�® CERTIFICATE OF LIABILITY INSURANCE 7OT7/30/2025 YYY) 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: Next First Insurance Agency,Inc. PHONE (g55)222-5919 FAX PO Box 60787 AIC No Ext: AIC,No): Palo Alto,CA 94306 E-MAIL ADDRESS: support@nextinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA: State National Insurance Company,Inc. 12831 INSURED INSURER 6 Florida WPS LLC,Advance Water Technology Corp 6060 SW 13th St INSURER C: Plantation,FL 33317 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:940262229 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR ADDLSUBRTYPE OF INSURANCE INSD WVD POLICY NUMBER POLICY EFF POLICY EXP LTR MM/DDIYYYYI iMMIDDIYYYYI LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE1:1 OCCUR DAMAGES( RENTED PREMISES Ea occurrence) $ IVIED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY❑ JECT PRO ❑ LOC PRODUCTS-COMP/OP AGG $ OTHER: AP tLiM. T AUTOMOBILE LIABILITY ('"7 ','„_�._ COMBINED SINGLE LIMIT $ 4x- '- Ea accident ANY AUTO pA'7"------""' BODILY INJURY(Per person) $ WA WJA, OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident L $ UMBRELLALIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER A ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000.00 OFFICER/MEMBER EXCLUDED? FN ] NIA NXTV9K7WLR-01-WC O5/14/202S OS/14/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000.00 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000.00 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Proof of Insurance. CERTIFICATE HOLDER CANCELLATION Monroe County BOCC LIVE CERTIFICATE 1100 Simonton St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Key West,FL 33040 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ❑■ Click or scan to view @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ACCOR"® ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Next First Insurance Agency,Inc. Florida WPS LLC,Advance Water Technology Corp 6060 SW 13th St POLICY NUMBER Plantation,FL 33317 N XTV9 K7 W L R-01-W C CARRIER NAIC CODE State National Insurance Company,Inc. 12831 EFFECTIVE DATE:2025-05-14 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: ACORD 25 FORM TITLE: Certificate of Liability Insurance The following addresses are additional locations listed on the above referenced policy: 7901 SW 6th Ct Ste 350 Plantation,FL 33324 LIVE CERTIFICATE ❑� Click or scan to view ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DATE(MM/DD/YYYY) A�" CERTIFICATE OF LIABILITY INSURANCE 07/24/2025 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 Oshrei Mani NAME: Eton Bridge Insurance&Financial Solutions A/CONNo Ext: (407)351-3331 a/c,No): (407)363-1930 7625 W Sand Lake Rd Ste 201 E-MAIL oshrei@etonbridgesolutions.com ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# Orlando FL 32819 INSURERA: Homeland Insurance Company of New York INSURED INSURER B: GEICO Marine Insurance Company 37923 Advance Water Technology INSURER C: 7027 W.Broward Blvd,#337 INSURER D: INSURER E: Fort Lauderdale FL 33317 INSURER F: COVERAGES CERTIFICATE NUMBER. CL255604262 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE 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 SDAMAGES Ea oNcurrDence $ 100'000 X Professional Liability MED EXP(Any one person) $ 10,000 A X Contractors Environmental Liability Y Y 793014097-0000 04/01/2025 04/01/2026 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 5,000,000 JECT LOC PRODUCTS-COMP/OP AGG $POLICY PRO 5'000'000P1 OTHER: Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident ANYAUTO BODILY INJURY(Per person) $ B OWNED �/ SCHEDULED Y Y 9300144113-00 04/28/2025 04/28/2026 BODILY INJURY(Per accident) $ AUTOS ONLY /� AUTOS X HIRED �/ NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY /� AUTOS ONLY Per accident UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 2,000,000 A X EXCESS LIAB CLAIMS-MADE Y Y 793014098-0000 04/01/2025 04/01/2026 AGGREGATE $ 2,000,000 DED I I RETENTION $ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE El E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) A, w I'B/ti T dY_,... . -1.. _. WAW PUA_ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton St AUTHORIZED REPRESENTATIVE Key West FL 33040 �F . ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD ,�►lco/Ro® CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) v 07/30/2025 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: ETON BRIDGE ETON BRIDGE INSURANCE AND FINANCIAL SOLUTIONS,LLC INSURANCE AND FINANCIAL 7625 W Sand Lake Rd Ste 201 SOLUTIONS LLC PHONE FAX Orlando,FL 32819 A/C,No,Ext: 407 351-3331 A/C,No): E-MAIL ADDRESS: INSURERS AFFORDING COVERAGE NAIC# INSURER A:GEICO Marine Insurance Company 37923 INSURED INSURER B FLORIDA WPS LLC,ADVANCE WATER TECHNOLOGY CORP. 7027 W BROWARD BLVD,STE 337 INSURERC: FORT LAUDERDALE,FL 33317 INSURER D: INSURER E: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF POLICY EXP LIMITS LTR INSD WVD MM/DD/YYYY MM/DD/YYYY COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ DAMAGE TO RENTED $ CLAIMS-MADE OCCUR PREMISES Ea occurrence MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ ElPRO PRODUCTS-COMP/OP AGG $ JECT LOC POLICY OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ A OWNED X SCHEDULED X X 9300144113-00 04 28 2025 04 28 2026 BODILY INJURY Per accident $ AUTOS ONLY AUTOS / ( ) HIRED NON-OWNED PROPERTY DAMAGE X AUTOS ONLY X AUTOS ONLY Per accident $ $ UMBRELLA LAB OCCUR EACH OCCURRENCE $ EXCESS LAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? ❑ N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached if more space is required) Monroe Couny BOCC IS NAMED AS ADDITIONAL INSURED WITH WAIVER OF SUBROGATION.THE TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHER TO US CONDITION DOES NOT APPLY TO THE PERSONS OR ORGANIZATIONS SHOWN ABOVE. CERTIFICATE HOLDER CANCELLATION Monroe Couny BOCC 1100 Simonton St SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN KEY WEST, FL 33040 ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: '`"' " l?" ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Eton Bridge Insurance&Financial Solutions Advance Water Technology POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance:Notes Excess Liability is Follow-Form Schedule of Covered Autos 1.2024 Toyota Tacoma,XXXXXXXXXXXXX5305 2.2022 GMC Hummer,XXXXXXXXXXXXX0941 3.2020 Ford F-250,XXXXXXXXXXXXX7874 4.2018 Ford F-150,XXXXXXXXXXXXX7648 5.2024 Ford F-150,XXXXXXXXXXXXX1665 6.2022 Fast Cargo Utility Trailer,XXXXXXXXXXXXX4029 7.2021 CRTI Utility Trailer,XXXXXXXXXXXXX1345 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Policy Number: 793-01-40-97-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION - FORM III This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization that the Any location where required by the Named Insured agreed to add as an written contract or written agreement in additional insured in a written contract which the Named Insured agreed to add or written agreement that was fully the person or organization qualifying as executed by the Named Insured prior to an additional insured under this the performance of the Named Insured's endorsement. work that is the subject of such written contract or written agreement. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. SECTION II — WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for bodily injury, property damage, environmental damage or personal and advertising injury caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s)at the location(s)designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contractor agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to bodily injury, property damage or environmental damage occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or OBENV GE 346(01 19) Contains copyrighted material of Insurance Services Office, Inc.with its permission. Pagel of 2 Copyright 2019, Intact Insurance Group USA LLC E-INSURED 2. That portion of your work out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to SECTION III — LIMITS OF INSURANCE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 346(01 19) Contains copyrighted material of Insurance Services Office, Inc.with its permission. Page 2 of 2 Copyright 2019, Intact Insurance Group USA LLC Policy Number: 793-01-40-97-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Any person or organization that the Named Insured agreed to add as an additional insured in a written contract or written agreement that was fully executed by the Named Insured prior to the performance of the Named Insured' s work that is the subject of such written contract or written agreement. Location And Description Of Completed Operations: Any location, and completed operations at such location, where required by the written contract or written agreement in which the Named Insured agreed to add the person or organization qualifying as an additional insured under this endorsement. A. SECTION II - WHO IS AN INSURED is amended to include as an additional insured the person(s) or organization(s)shown in the Schedule, but only with respect to liability for bodily injury, property damage or environmental damage caused, in whole or in part, by your work at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the products- completed operations hazard. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contractor agreement,the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to 1. Limits of Insurance in SECTION III-LIMITS OF INSURANCE AND DEDUCTIBLE: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions remain the same. OBENV GE 351 (09 20) Contains copyrighted material of Insurance Services Office, Inc.with its permission. Page 1 of 1 Copyright 2020, Intact Insurance Group USA LLC E-INSURED Policy Number: 793-01-40-97-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Any person or organization that the "Named Insured" agreed to waive its rights of recovery against in a fully executed written contract. The following is added to the Transfer Of Rights Of Recovery Against Others To Us condition of SECTION IV- CONDITIONS: We waive any right of recovery we may have against the person or organization shown in the SCHEDULE above because of payments we make for injury or damage arising out of your negligence during: 1. Your ongoing operations; or 2. Your work; performed under a written contract with such person or organization and included in the products-completed operations hazard. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) in the written contract prior to loss. This waiver applies only to the person or organization shown in the SCHEDULE above. All other terms and conditions remain the same. OBENV GE 320(11 20) Contains copyrighted material of Insurance Services Office, Inc.with its permission. Page 1 of 1 E-INSURED Policy Number: 793-01-40-97-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS ENVIRONMENTAL LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to, and will not seek contribution from, any other insurance available to an additional insured under this policy provided that: a. The additional insured is a named insured under such other insurance; and b. The Named Insured has agreed in writing in a contract or agreement that this insurance would: (1) Act primary to any other insurance available to the additional insured; and (2) Would not seek contribution from any other insurance available to the additional insured. All other terms and conditions remain the same. OBENV GE 319(11 20) Contains copyrighted material of Insurance Services Office, Inc.with its permission. Page 1 of 1 E-INSURED Policy Number: 793-01-40-97-0000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED CONSTRUCTION PROJECT(S) AGGREGATE LIMIT This endorsement modifies coverage provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM SCHEDULE Designated Construction Project(s): Any construction project for which the "Named Insured" agreed to provide a designated per project aggregate limit in a written contract or written agreement that was fully executed by the "Named Insured" prior to the performance of the "Named Insured' s" work that is the subject of such written contract or written agreement. Coverage afforded for such construction project will not be broader than the scope of insurance agreed to by the "Named Insured" in such written contract or written agreement. Total Designated Construction Project(s) Aggregate Limit: $ 5, 0 0 0, 0 0 0 A. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section I - Coverage A, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at a single designated construction project shown in the SCHEDULE above: 1. A separate Designated Construction Project General Aggregate Limit applies to each designated construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Designated Construction Project General Aggregate Limit is the most we will pay for the sum of all damages under Section I - Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard, and for medical expenses under Section I -Coverage C regardless of the number of: a. Insureds; b. Claims made or suits brought; or C. Persons or organizations making claims or bringing suits. 3. The Total Designated Construction Project(s) Aggregate Limit shown in the SCHEDULE above is the most we will pay for the sum of all damages caused by occurrences under Section I - Coverage A, except damages because of bodily injury or property damage included in the products-completed operations hazard, and for all medical expenses caused by accidents under Section I - Coverage C, which can be attributed only to ongoing operations at designated construction projects. OBENV GL 324(07 13) Includes copyrighted material of Insurance Services Office,Inc. Page 1 of 2 Copyright 2013, Intact Insurance Group USA LLC E-INSURED 4. Any payments made under Coverage A for damages or under Coverage C for medical expenses will reduce the Designated Construction Project General Aggregate Limit for that designated construction project. Such payments will also reduce the Total Designated Construction Project(s) Aggregate Limit shown in the SCHEDULE above. However, such payments will not reduce: a. The General Aggregate Limit or Policy Aggregate Limit shown in the Declarations; or b. Any other Designated Construction Project General Aggregate Limit for any other designated construction project shown in the SCHEDULE above. 5. The limits shown in the Declarations for Each Occurrence, Damage To Premises Rented To You and Medical Expense continue to apply. However, instead of being subject to the General Aggregate Limit or Policy Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Designated Construction Project General Aggregate Limit. B. For all sums which the insured becomes legally obligated to pay as damages caused by occurrences under Section I — Coverage A, and for all medical expenses caused by accidents under Section I — Coverage C, which cannot be attributed only to ongoing operations at a single designated construction project shown in the SCHEDULE above, any payments made under Section I — Coverage A, and for all medical expenses caused by accidents under Section I—Coverage C will: 1. Reduce the amount available under the General Aggregate Limit and Policy Aggregate Limit shown in the Declarations; and 2. Not reduce any Designated Construction Projects Aggregate Limit or the Total Designated Construction Project(s)Aggregate Limit. C. If the applicable designated construction project has been abandoned, delayed or abandoned and restarted, or if the authorized contracting parties deviate from plans, blueprints, specifications or timetables, we will deem the project to be the same construction project as it was originally listed in the SCHEDULE above. All other terms and conditions remain the same. OBENV GL 324(07 13) Includes copyrighted material of Insurance Services Office,Inc. Page 2 of 2 Copyright 2013, Intact Insurance Group USA LLC