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HomeMy WebLinkAboutItem I10 I10 BOARD OF COUNTY COMMISSIONERS COUNTY of MONROE Mayor James K.Scholl,District 3 The Florida Keys Mayor Pro Tern Michelle Lincoln,District 2 Craig Cates,District 1 David Rice,District 4 Holly Merrill Raschein,District 5 Board of County Commissioners Meeting December 10, 2025 Agenda Item Number: I10 2023-4892 BULK ITEM: Yes DEPARTMENT: Airports TIME APPROXIMATE: STAFF CONTACT: Richard Strickland N/A AGENDA ITEM WORDING: Ratification of Agreement executed by the County Administrator and the Executive Director of Airports with sole source vendor Bolands LLC in the amount of$263,409.00 to repair the Runway 9/27 EMAS, recently damaged by a private airplane. The County Administrator and Executive Director of Airports executed the agreement with Bolands LLC, as written and legally approved by the County Attorneys office, in order to expedite scheduling and repair. ITEM BACKGROUND: The Engineering Material Arresting System (EMAS) is in place to safely stop aircraft overruns. A recent incursion on the Runway 9/27 EMAS bed damaged 15 rows of EMAS Blocks. The insurance company for the insured's aircraft will reimburse the airport in full upon completion of the repairs. PREVIOUS RELEVANT BOCC ACTION: On November 12, 2025, the BOCC granted approval to issue a purchase order to sole source vendor Boland's LLC in the amount of$263,409.00 to repair the Runway 9/27 EMAS recently damaged by a private airplane and also authorized the County Administrator and Executive Director of Airports to execute an agreement with Boland's LLC as written and legally approved by the County Attorney's office in order to expedite final repairs. INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: New agreement. STAFF RECOMMENDATION: Approval. DOCUMENTATION: 1282 EYW Bolland EMAS Agreement.pdf FINANCIAL IMPACT: BUDGETED: Yes TOTAL DOLLAR VALUE OF CONTRACT: Approx. $263,409.00 COST TO COUNTY: $0.00 SOURCE OF FUNDS: Airport Operating Fund 404 (to be reimbursed from Insurance Proceeds) EFFECTIVE DATE: Upon Notice to Proceed (NTP) EXPIRATION DATE: Upon substantial completion 1283 MONROECOUNTY BOLAND'S LLC. Key West International Airport ENL4,S Repair Departure end of Runway 9 (27 numbered end) Date: December 10 2025 Boland's LLC. 290 Fox Hollow Road Binghamton, NX, 13904 Boland's LLC. (hereafter Contractor) will provide Monroe County (hereafter Owner) EMAS materials and on-site services as identified in Exhibit A to facilitate the removal and replacement of 15 blocks of Engineered Materials Arresting System (EMAS) block system in compliance with the United States FAA Advisory Circular 150/5220-228, Bolland LLC. agrees to furnish the materials, equipment, transportation and insurance; and to provide on-site services as provided in Exhibit A. Contractor shall provide: 1. Shipping and all required services and materials for the removal and installation of 15 EMAS blocks as set forth provided for in Exhibit A. 2. Shipping: Contractor to ship required blocks to the Airport to meet installation schedule (Do we have an installation schedule). Contractor will furnish Owner with evidence that the materials are insured against cargo loss and damage during shipping to the Airport. Contractor may invoice Owner for the costs of EMAS Blocks and shipping upon completion of shipping and delivery at Owner's facility, 3. CONTRACT AMOUNT: The Owner shall pay Contractor for the faithful performance of the Contract a Total Price of $263,409 (Two Hundred Sixty-Three Thousand, Four Hundred Nine and 00/100 Dollars), in lawful money of the United States, Payment shall be made in two(2) phases for all materials and services required to complete the work in Exhibit N. Phase 1: Contractor shall submit an invoice for the costs of the EMAS blocks and the cost of shipping with appropriate back-up documentation detailing the costs of the required blocks and the costs of shipping, Phase 2: Upon completion of the work, Contractor shall submit an invoice for payment of the reminder of the total price on a lump sum basis. 4. Terms & conditions: The owner will pay Contractor in accordance with the Florida Prompt Payment Act, Florida Statues Section 218.735. Runway Safe Inc. shall not be entitled to payment unless and until it submits to the Owner invoices with supporting documentation acceptable to the Monroe County Clerk of Court, of which may include partial and final releases and waivers of lien; releases and waivers of lien from all contractors and subcontractors of Boland's LLC, Acceptability to the Clerk is based on 1284 ... ..... .... .. generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds, The County designates the Clerk of Courts as its agent under the Local Government Prompt Payment Act, Florida Statues Section 218.735, Any amount unpaid 30 days after the invoice date, is subject to interest at the rate of 1% per month or the maximum rate allowed by law on the unpaid balance. S. Total price comprises 15 EMAS blocks and all associated installation support materials and services as described in Exhibit A. 6. Notice to proceed (NTP) is granted upon full execution of this contract. Shipment of blocks will begin at a time mutually agreed upon between Contractor and the Owner as required to meet the Contractor's schedule. Contractor shall coordinate with Runway Safe Inc. to ensure all reasonable efforts are made to accommodate the schedule established by the Owner and Contractor, 7. Once the blocks are shipped to the Airport, they are to be stored in trailers at a secured location until time for installation, Storage site at Airport to be provided by Owner at no charge to Contractor. Blocks will be shipped starting approximately 2 weeks prior to installation start. Loading and unloading of EMAS blocks and installation support materials shall be by Contractor under the guidance of Runway Safe Inc,'s installation support personnel. 8. Assignment: Each Party agrees that its fights and obligations under this Agreement may not be assigned or otherwise transferred to a Third Party without the prior written consent of the other Party hereto. Notwithstanding the foregoing, either Party may transfer or assign its rights and obligations under this Agreement to (a) an Affiliate, subject to the prior notice to the other Party and the assigning Party remaining responsible for such Affiliate's performance or (b) a successor to all or substantially all of its business or assets relating to this Agreement whether by sale, merger, operation of law or otherwise, without the prior written consent of the other Party; provided that such assignee or transferee has agreed to be bound by the terms and conditions of this Agreement. Subject to the foregoing,this Agreement shall be binding upon the Parties hereto,their successors and assigns, 9. WARRANTY & LIABILITY— See Exhibit B. 10. Semi-annual inspections of the installed EMAS to be provided by Runway Safe Inc. for one year after date of final acceptance at no additional cost. 1,I. No sales/use or other taxes are included in the above figures, and under no circumstances shall Runway Safe Inc. be liable for any sales,use or similar tax. In the event sales and/or use taxes are levied against Runway Safe Inc, by either the State, County, City or municipality,the Owner expressly assumes liability for any such salesJuse or other taxes, 12. Termination; Either Conti-actor or Owner shall have the right to terminate this Agreement following a material breach by the other party if the party seeking to terminate has 1285 ------.... provided the other party with sixty (60) days written notice specifying such breach and the other party has failed to cure. In such event, this Agreement shall terminate and Contractor shall be entitled to receive from Owner payment for the percentage of services perfornled through the date of termination, including EMAS blo,cks and installation materials produced and not shipped. 13. Airport work hours available from 8 a.m. to 5 p.m. and a 5 day work week. 14. Contractor shall provide insurance as, required on the attached sheet prior to beginning delivery of materials(Exhibit C), 15. Monroe County contract clauses are attached hereto as Exhibit D and shall be incorporated as if fully restated herein. 16. Purchase Orders, No other provisions of any Owner issued purchase order or other Owner document shall alter or add to this Agreement, Monroe County Boland's LLC. Digitally signed by Christine Christine Hurley Date:2025.11.25 ✓ Byi Hurley .--I 0A4 47-05'00' By: 7' Marne; Christine Hurley I,me'. So <-' t l E�^�f Title: County Administrator Tit . Digitally signed by Richard Richard Strickland Date:2025.1 By: Strickland - 16:43:33-05'00'1.21 Name:Richard Strickland Title. Executive Director of Airports Exhibit A - Bolland's LLC. proposal to Key West International Airport (KWIA) dated October 23, 2025 Exhibit B - Warranty Exhibit C - INSURANCE Exhibit D - Monroe County required contract clauses 1286 EXHIBIT B—RUNWAY SAFE INC.'s Standard Limited,Warran_q RUNWAY SAFE, Inc. ("Runway Safe") warrants to the original purchaser (the "Client") of the Runway Safe Engineered Material Arresting System that, for a period of one (1) year from the earlier of the date of acceptance, as evidenced by a final acceptance document signed by the Client or thirty (30) days from date Client is advised by Runway Safe that the EMAS is ready for acceptance, and subject to the limitations stated herein, the EMAS arrestor bed (excludes base surface preparation) conforms to the product specifications listed under Applicable Documents, This Warranty is non-transferable and is expressly conditioned on the Client satisfying all of the following requirements: MAINTENANCE: Runway Safe requires that the Client ensures that a preventative maintenance program in accordance with the Runway Safe Inspection, Maintenance and Repair Manual listed under the clause"Applicable Documents" is initiated and followed, RIGHT OF INSPECTION: The Client shall ensure Runway Safe is provided with reasonable access to the EMAS Replacement Materials after their installation for the purpose of conducting inspections if necessary. Reasonable access shall include, without limitation, access during daylight hours to permit careful visual assessment of the condition of the EMAS Replacement Materials and access to all records of maintenance carried, out by the Client or other party. NOTIFICATION: If the Client believes that it has a claim arising from the failure of the EMAS Replacement Materials to conform with this Warranty, the Client must notify Runway Safe of the Maim, within ten (10) days after discovering the conditions giving rise to the claim, and in any case before the Warranty period has expired. All such notices shall be given by certified mail addressed to Quality Assurance Manager, Attentiow Warranty Claim; Runway Safe, Inc., 2239 High Hill Road, Logan Township,NJ 08085, USA Failure to adhere to any of the conditions stated above shall void this Warranty. WARRANTY REMEDY: If the Warranty set forth above is breached, Runway Safe will, at its sole option, either(1) correct the non-conformity at its own cost within a reasonable time after receiving notice of the breach, or(2) a refund of the price of the non-conforming EMAS Replacement Material(s) at its own cost within a reasonable time after receiving notice of the breach. The Client shall ensure Runway Safe reasonable access to the EMAS that allows Runway Safe to perform its warranty obligations on its most cost-effective basis possible. EXCLUSIONS: Runway Safe shall not be liable for any damage to the EMAS or other property attributable to any of the following(or any combination thereof),. I Standing water in and around the EMAS bed; 1 Vehicular traffic; 3. Aircraft traffic in contact with the EMAS bed; 4. Damage caused by snow removal equipment that does not meet Runway Safe specifications detailed under the clause"Applicable D,ocuments°' which were provided with the original EMAS installation; 1287 5. Acts of nature, including, but not limited to, lightning, flood, winds in excess of 100 mph, earthquake, hurricane, tornado, hail storm, wildfire, or impact of objects or other violent storm or casualty, 6. Damage caused by wild life indigenous to the installation location, 7, Repairs or alterations of the EMAS, unless performed by personnel trained and qualified by Runway Safe and in a manner meeting the Runway Safe specifications and procedures listed under the clause "Applicable Documents", which were provided with the initial EMAS installation; 8. Excessive buildup of debris in and around the EMAS bed, 9, Impact or contact with other objects, spilled liquids or immersion in liquids (including fuel dropped from over-flying aircraft); 10. Use of the EMAS for purposes other than those for which it is customarily used; 11, Improper maintenance, abuse or other neglect; 12. Exposure to chemicals other than de-icers and aircraft engine exhaust; 13. Jet blast in excess of 100 mph; 14, Damage or defect due to faulty or improper workmanship, including installation of the product that is not in accordance with Runway Safe's published specifications and installation recommendations in effect at the time of installation; 15, Damage to the EMAS Replacement Materials related to or caused by the base surface not being constructed per the drawings and specifications, Runway Safe must check and accept the base surface prior to the start of EMAS arrestor bed installation; and 16, Any subsequent failure of the base surface whether or not originally constructed per the drawings and specifications. WARRANTY EXCLUSIVEILIMITATIO,N OF LIABILITY. THE EXPRESS WARRANTY SET FORTH ABOVE IS EXCLUSIVE AND NO OTHER WARRANTIES OF ANY KIND, WHETHER STATUTORY, ORAL,WRITTEN,EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SHALL APPLY, THE CLIENT'S EXCLUSIVE REMEDIES AND RUNWAY SAFE'S ONLY OBLIGATIONS ARISING OUT OF OR IN CONNECTION WITH DEFECTS OR NON-CONFORMITIES IN THE EMAS REPLACEMENT MATERIALS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE THOSE STATED HEREIN. NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN ANY CONTRACT DOCUMENT,RUNWAY SAFE'S TOTAL LIABILITY TO THE CLIENT ARISING FROM OR RELATING TO DEFECTS OR NON-CONFORMITIES IN THE EMAS REPLACEMENT MATERIALS SHALL BE LIMITED TO THE ORIGINAL PURCHASE PRICE OF THE EMAS REPLACEMENT MATERIALS PAID TO RUNWAY SAFE. RUNWAY SAFE SHALL HAVE NO LIABILITY TO THE CLIENT FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. REGARDLESS OF ANY STATUTORY LIMITATION PERIODS, RUNWAY SAFE SHALL NOT BE LIABLE FOR ANY BREACH OF WARRANTY OF WHICH IT IS NOT NOTIFIED AS REQUIRED BEFORE THE WARRANTY PERIOD HAS EXPIRED, This Warranty may not be assigned or transferred without the approval of Runway Safe in writing and does not confer any fights to any other part than party to which it has been addressed by Runway Safe. 1288 NO WARRANTY MODIFICATIONS This Warranty shall not be modified except in a writing signed by Runway Safe's Group CEO. No representative, employee, or agent of Runway Safe, or any person, other than the Group CEO of Runway Safe,has the authority to assume for Runway Safe any additional liability or responsibility in connection with the EMAS or this Warranty. 1289 EXHIBLT:C, - INSURANCE Contractor shall carry and maintain. at least the minimum insurance as specified below until completion and acceptance of the work. Prior to the commencement of work governed by this contract including the pre-staging of personnel and material the Contractor shall obtain at its own expense insurance as specified below. Contractor will ensure that the insurance obtained will extend protection to all Sub Contractors engaged by Contractor, As an alternative Contractor may require all Subcontractors to obtain comparable insurance. Contractor will not be pen-nitted to commence work governed by this contract (including pre staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work resulting from the failure of Contractor to provide satisfactory evidence of the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time except for Contractor's failure to provide satisfactory evidence. Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in any attached schedules, Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for s Contractor's failure to maintain the required insurance. Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in Contractor's Insurance policies. Contractor shall provide to the County as satisfactory evidence of the required insurance either: Certificate of Insurance or A Certified copy of the actual insurance policy, The County at its sole option has the right to request a certified copy of any or all insurance policies required by this contract. The acceptance and/or approval of Contractor's insurance shall not be construed as relieving Contractor from any liability or obligation assumed under this contract or imposed by law, The Monroe County Board of County Commissioners its employees and officials will be included as "Additional Insured" on all policies except for Workers' Compensation„ 1290 Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. C-1. Commercial General Liability Prior to the commencement of work governed by this contract, the Contractor will obtain Commercial General Liability Insurance, Coverage will be maintained throughout the life of the contract and include, as a minimum: Premises Operations Products and Completed Operations Blanket Contractual Liability • Personal Injury Liability The minimum limits acceptable is: $2,000,000 Combined Single Limit (CSL) An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition, the period for which claims maybe reported should extend for a minimum of twelve (12) months following the acceptance of work by Owner. The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements, C-2. Commercial Automobile Liability: Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall, obtain Business Automobile Liability Insurance. Coverage will be maintained throughout the life of the contract and include,as a minimum,liability coverage for: Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable is: $1,000,000 Combined Single Limit (CSL), If split limits are provided, the minimum limits acceptable are; $500,000 per Person $1,000,000 per Occurrence $100,000 Property Damage The Monroe County Board of County Commissioners will be named as Additional Insured on all policies issued to satisfy the above requirements. C-3. Workers' Compensation and Employer's Liability: 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: • $1,000,000 Bodily Injury by Accident • $1,000,000 Bodily Injury by Disease, policy limits 1291 ................... .. .... • $,1,000,000 Bodily Inju►y 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 the Florida's Department of Labor, as an authorized self- insurer, 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 Contractors 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. 1292 EXHIBIT MONROE COUNTY CONTRACT CLAUSES I) Books, Records and Documents. Runway Safe Inc, 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 years from the termination of this agreement or for a period of three years from the submission of the final expenditure report as per 2 CFR §200,333, 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 four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Runway Safe Inc, pursuant to this Agreement were spent for purposes not authorized by this Agreement, Runway Safe Inc. shall repay the monies together with interest calculated pursuant to Sec, 55,03, FS, running from the date the monies were paid to Runway Safe Inc. 2) Governing Law and Interpretation. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. The County and Runway Safe Inc, 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. 3) 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 ofthis 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 Runway Safe Inc, agree to reform the Agreement to replace ally stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 4) Attorney's Fees and Costs. The County and Runway Safe Inc, 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, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. 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 tile circuit court of Monroe County. 5) Binding Effect, The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Runway Safe Inc. and their respective legal representatives, successors, and assigns, 1293 ...... ....... -........ .......... 6) 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. 7) Adjudication of Disputes or Disagreements. County and Runway Safe Inc. agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session,the issue or issues shall be discussed at a public meeting of the Board of County Commissioners, 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. 8) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Runway Safe Inc. agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Runway Safe Inc, specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9) Nondiscrimination. The parties agree that there will be no discrimination against any person, and it is expressly understood that upon a detennination by a court of competent jurisdiction that discrimination has occurred,this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order, The parties agree 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 prohibit discrimination in employment on the basis of race, color, religion, sex, and national origin, 2) Title IX of the Education Amendment of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of disability; 4) The Age Discrimination Act of' 1975, as amended (42 'USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 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 §§ 12101 Note), as amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article, H, which prohibits discrimination on the basis of race, color, sex, religion, disability, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11) All requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department oaf Transportation, Subtitle A, Office of the Secretary, Part 21, Nondiscrimination in Federally- assisted programs of the Department of Transportation-Effectuation of Title V1 of the Civil Rights Act of 1964, and as said Regulations may be amended-, and 12) Any other nondiscrimination 1294 provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 10) Covenant of No Interest, County and Runway Safe Inc, covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I I) Code of Ethics. County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts, doing business with one's agency; unauthorized compensation, misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 12) No Solicitation/Payment, The County and Runway Safe Inc, 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, Runway Safe Inc. 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, 13) Public Records Compliance, Runway Safe Inc, 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 Runway Safe Inc. 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 Runway Safe Inc. 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 Runway Safe Inc., Failure of Runway Safe Inc, to abide by the terms of this provision shall be deemed a material breach of this contract and tile 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. Runway Safe Inc, is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119,0701 and the terms and conditions of this contract, Runway Safe Inc. is required to: (1) Keep and maintain public records that would be required by the County to perform the service. 1295 (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of Runway Safe Inc, or keep and maintain public records that would be required by the County to perform the service, If Runway Safe Inc, transfers all public records to the County upon completion of the contract,Runway Safe Inc. shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If Runway Safe Inc, keeps and maintains public records upon completion of the contract, Runway Safe Inc, shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request frorn the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspector copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records,the County shall immediately notify Runway Safe Inc. of the request, and Runway Safe Inc. must provide the records to the County or allow the records to be inspected or copied within a reasonable time, If Runway Safe Inc. 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. IF RUNWAY SAFE INC. 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, publierecordsA,monroecounty-fl.gOV, (305) 292-3470. 14) Non-Waiver of Immunity, Notwithstanding the provisions of Sec. 768.28,Florida Statutes, the participation of the County and Runway Safe Inc. 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 1296 coverage, nor shall any contract entered into by the County be required to contain any provision for waiver, 15) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County,when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 16) Legal Obligations and Responsibilities: Non-Delegation of Constitutional or Statutory Duties. 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, Further, 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, 17) 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 Runway Safe: Inc, agree that neither the County nor Runway Safe Inc. nor any agent, officer, or employee of either shall have the authority to inform, counsel, or other-wise 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. 18) Attestations, Runway Safe Inc. agrees to execute such documents as the County may reasonably require, to include a Vendor Certification Regarding Scrutinized Companies, a Public Entity Crime Statement, an Affidavit Attesting to Noncoercive Conduct for Labor and Services and an Ethics Statement, 19) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall, be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 20) 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. 1297 2 1) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 22) Mutual Review, This agreement has been carefully reviewed by Runway Safe Inc. and the County, therefore this agreement is not to be construed against either party on the basis of authorship. 23) Indemnification/Hold Harmless, Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, 'Runway Safe Inc. 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,without limitation, costs of remediation and costs of additional security measures that the Federal Aviation Administration, the Transportation Security Administration or any other governmental agency requires by reason of, or in connection with a violation of any federal law or regulation, attorneys' fees and costs, count costs, fines and penalties) that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any negligent acts or willful misconduct of Runway Safe Inc, or any of its employees, agents, contractors or other invitees on the Airport during the term of this Agreement, or (B)Runway Safe Ins.'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, including but not limited to improper maintenance of the system or runway and/or improper use or misuse of the system, of the County or any of its employees, agents, contractors or invitees (other than Runway Safe Inc.), 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 lease or any earlier termination of this Agreement. In no event shall liability exceed the value of the contract. 1298 SWORN STATEMENT UNDER ORDINANCE NO. 010- 1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) "...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-19901 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or emplo ee." County (Signature), Date: STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of physical presence or Ei online notarization, on (date) by J—A m 04 (name of affiant). He/She is personally known to me or has produced A le, 1299 (type of identification) as identification. NOTARY PUBLIC ,. .. ply Commission Expires: CESORAH L CHILSON NOTARY PUBLIC, STATE OF NEW YORK R@liktra ion No, OICH6412777 QUA1106 1n IBrgomo County Ex OOS+" Ibruary 16. 2029 PUBLIC Ek TITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bad on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a CONTRACTOR, supplier„ subcontractor, or CONTRACTOR R 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 237.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list„" I have read the above and state that neither (Respondent's name) nor any Affiliate has been placed on the convicted' vendor list within the last 36 months. (Signature) Date: 1300 STATE OF: COUNTY OF: Subscribed and sworn to (or affirmed) before me, by means of<physical presence or ® online notarization, on (date) by (name of affi'ant) ale/She is personally known to me or has, ,produced c'of identification as identification. (type NOTARY PUBLIC m MY Commission Expires: DEBORAH L CHILSON NOTARY PUBLIC,STATE OF NEW YORK Registration No, 01CH6412',777 Qualified in Broorne County Commission Ex,P res February 16, 2029 1301 AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT — FOR LABOR OR SERVICES Entity/Vendor Name! AJ 7)'5� L L�C� VandorFEIM ZO.- ZI Vendor's Authorized Representative: L4 Nam and Title) Address: -0 1) � a D, "Flans i�a�d OT ,'�4e City:-- "1 1; -Nj ate; Phone:Number: .......t� _Zip: "1 10 Z_ E C mail Address, Ao-A_C06-L)I ( �6 L')I K')'" As a nongovernmental entity executing, renevving, or extending a contract with a government entity, Vendor is required to provide an,affidavit wider 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: I. t1sing or threating to use physical force against any,person., 2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any person without lawful authority and against her or his will; ' 3. using lending or other credit methods to establish a debt by any person when labor or services are pledged as a security 1br the debt, if the value of the labor or services as reasonably assessed is 'lot applied toward the liquidation of the debt, the length and nature of the labor or service are not respectively limited and defined; 4. Destroying, ng, concealing, removing, confiscating, withholding, or Possessing any actual or purported passport, visa, or other immigration doctiment, or any other actual or purported govertiment identification document,ofany person; -5.Causing or threating to cause financial harm to any person; 6.Enticing or luring any person by fraud or deceit,or 7. Providing a controlled substance as outlined in Schedule I or Schedule Il of Section 893,03 to any person for the purpose of exploitation of that person, As a person authorized to sign on behalf of Vendor, 1 ce:rtift, tinder penalties of peKJury that Vendor does n Additional] o t use coercion for labor or services in accordance %vith Section 787.06, y,Vendor has reviewed Section 787,06,Florida Statutes,and agrees to abide by same. L Certified By: A^ who is authorized to sign,on, lbehalfof th are ref e d latL 'ig _,=,any, Autlio�rized Signature:me Print Name: A4 'fitle� Aj 1302 IMNAUAluna Project Description(s). kespondent Vendor Name, q a � 1 "' Vendor FEIN. ., 1 Vendor's Autlaorizen Representative Name and Title: f Address,. 2-00 City _ State. Zip. Phone Number. Email Address: � . Section 287.1.335, 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 21 ,4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company from binding on, submitting a proposal for, or entering into or renewing a contract for goods or services of 1,000,000 or more, that are on either the Scrutinized Companies with Activities in. Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were created pursuant to s. 215.47 , Florida Statutes, or is engaged in. business operations in Cuba or Syria.. As the person authorized to sign on behalf of Despondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel and for Projects of $1,000,000 or more is not listed on either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or engaged in business l erationi Cuba oiat oo ders tp tuntand thaursuan Section 287. 1 , Florida Statutes, 1303 the submission of a false certification may subject company to civil Penalties, attorneys fe es, and/or costs, I further understand that any contract with the County may be terminated, at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in Cuba or Certified By- --::Y A who is authorized to sign on behalf of the above referenced comjiany, Authorized Signature: Print Name: Title: 5c, A4 e AA Note: The List are available at the following Department of Management Services Site: 1304 711/24/2025 E(MM/DD/YYYY) ACCORD® CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Pam DeMarco Harding Brooks Insurance Agency PHONE FAx 441 Commerce Road A/c No Ext: 607-729-9292 A/c,Noy 607-798-6693 ML Vestal NY 13850 ADDRESS: pdemarco@hardingbrooks.com INSURER(S)AFFORDING COVERAGE NAIC# License#:PC-1123577 INSURERA:Ace Property and Casualty Insu 20699 INSURED BOLANOR-01 INSURERB: PROGRESSIVE CASUALTY INS CO 24260 Boland's LLC 240 Duell Rd INsuRERc: General Star Indemnity Co 37362 Binghamton NY 13904-3121 INSURERD:Zurich American Insurance Co 16535 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1365071672 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER MMIDD/YYY MMIDD/YYY A X COMMERCIAL GENERAL LIABILITY Y Y AAPN1069212A 006 7/1/2025 7/1/2026 EACH OCCURRENCE $10,000,000 CLAIMS-MADE OCCUR DAMAGETORENTED PREMISES Ea occurrence $100,000 A tEeX T MED EXP(Any one person) $10,000 ,,,.�„,,;. PERSONAL&ADV INJURY $10,000,000 11.25.25 DATE-—GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- WA. NPM.... X POLICY JECT LOC PRODUCTS-COMP/OP AGG $10,000,000 OTHER: $ B AUTOMOBILE LIABILITY Y 03217411 7/1/2025 7/1/2026 COMBINED SINGLE LIMIT $1,000,000 Ea accident ANY AUTO BODILY INJURY(Per person) $ OWNED X SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS X HIRED X NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY Per accident C UMBRELLA LAB X OCCUR IXG679071A 7/1/2025 2/11/2026 EACH OCCURRENCE $4,000,000 X EXCESS LAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ D WORKERS COMPENSATION WC9914408-00 7/1/2025 7/1/2026 X PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? F-Y] N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) General Liability:Additional insured is on a primary and non-contributory basis, including products completed operations coverage as required by written contract. Excess Liability Policy is over the Auto Policy only. Waiver of subrogation is included on the General Liability and Workers Compensation policies as required by written contract Project: EMAS Repair Project See Attached... CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners 500 Whitehead Street AUTHORIZED REPRESENTATIVE Key West FL 33040 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 1305 AGENCY CUSTOMER ID: BOLANOR-01 LOC#: ACCORD ADDITIONAL REMARKS SCHEDULE Page 1 of 1 AGENCY NAMED INSURED Harding Brooks Insurance Agency Boland's LLC 240 Duell Rd POLICY NUMBER Binghamton NY 13904-3121 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 Monroe County Board of County Commissioners an additional insured only when required by written contract or agreement as per attached policy forms. Waiver of Subrogation provided only when required by written contract or agreement as per attached policy forms. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 1306 AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page of AGENCY NAMED INSURED Harding Brooks Associates LLC Boland's, LLC POLICY NUMBER Various-See acord 25 CARRIER NAIC CODE Various-See acord 25 EFFECTIVE DATE:7/1/25-26 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Notes General Liabiltiy: APP 207-Blanket Additional Insured-Designated Person or Organization APP 293-Blanket Waiver of Subrogation APP 336-Blanket 30 Day Notice of Cancellation Workers Comp: WC 00 03 13-Waiver of Our Rights from Others-ALL OTHER STATES EXCEPT NY ACORD 101 (2008/01) © 2008ACORD CORPORATION. All rights res The ACORD name and logo are registered marks of ACORD 1307 This Endorsement effective July 1, 2025 forms part of Policy Number AAP N1069212A 006 Issued to Boland's North Inc and Boland's LLC By ACE Property and Casualty Insurance Company ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. SCHEDULE Name of Person or Organization: Any person or organization when you and such person or organization have agreed in a written contract or agreement that such person or organization be added as an additional insured on your policy, but only if such contract or agreement has been executed prior to the "occurrence" or offense resulting in injury or damage to which the insurance applies. The insurance evidenced to this additional insured endorsement is primary and non-contributory to any other insurance available to the additional insured. WHO IS AN INSURED (Section III) is amended to include as an insured the person or organization shown in the Schedule as an insured but only with respect to liability arising out of your "airport operations". Authorized Representative Endorsement No. 002 AAP 207 (11-99) Page 1 of 1 1308 This Endorsement effective July 1, 2025 forms part of Policy Number AAP N1069212A 006 Issued to Boland's North Inc and Boland's LLC By ACE Property and Casualty Insurance Company WAIVER OF SUBROGATION ENDORSEMENT This endorsement modifies insurance provided under AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY. In consideration of the premium paid, it is hereby agreed that Section V, Conditions, Sub-section 8, Transfer Rights of Recovery Against Others to Us, does not apply to any right of recovery against the person or entity named in the Schedule of this endorsement, but only to the extent that you have agreed to waive your rights of subrogation against the person or entity named in the Schedule of this endorsement under written contract between you and the person or entity named in the Schedule of this endorsement. SCHEDULE Person or Entity: In favor of any person or organization when you and such person or organization have agreed in a written contract or agreement to waive your rights of subrogation against the person or organization, but only if such written contract or agreement has been executed prior to the "occurrence" or offense resulting in injury or damage to which this insurance applies. All other terms and conditions of this policy remain unchanged. Authorized Representative Endorsement No. 015 AAP 293 (06-06) Page 1 of 1 1309 I— FAUBB° NOTICE OF CANCELLATION — SCHEDULED ENTITIES Named Insured Endorsement Number Boland's North Inc and Boland's LLC 025 Policy Symbol Policy Number Policy Period Effective Date of Endorsement AAP N1o69212A oo6 July 1,2025—July 1,2026 July 1,2025 Issued By(Name of Insurance Company) ACE Property and Casualty Insurance Company Insert the policy number.The remainder of the information is to be completed only when this endorsement is issued subsequent to the preparation of the policy. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AIRPORT OWNERS AND OPERATORS GENERAL LIABILITY POLICY In consideration of the premium at which this policy is written,it is agreed that the policy is amended as follows: We will provide the entities shown in the Schedule below written notice at least go days prior to cancellation of this policy (other than cancellation for non-payment of premium in respect of which we will provide 10 days prior written notice) in the event of the cancellation of this policy by us. Failure to provide such notices set forth herein shall not otherwise invalidate cancellation of coverage under this policy. SCHEDULE Entities: Any person or organization when you and such person or organization have agreed in a written contract or agreement that such person or organization be added as an additional insured on your policy and have requested notice of cancelation be provided. All other terms and conditions of this policy remain unchanged. Authorized Representative AAP 336(03/22) Page 1 of 1 (341944) 1310 WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 07/01/2025 Policy No. WC 9914408-02 Endorsement No. Insured BOLAND'S NORTH INC D/B/A JAMIN BOLAND'S NORTH Premium $ Insurance Company Zurich American Insurance Company Countersigned by WC124(4-84) Copyright 1983 National Council on Compensation Insurance,Inc. Page 1 0 A 311 WC 00 03 13