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HomeMy WebLinkAbout04/30/2026 Agreement 1�,411� lw tl w W f ^III "111 ilw 11:wl ii ii I S -111 I IR.ilw I i/ ''1 -'(M a ilw"u' 1�114 1I I'All.U., ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under Contract with: Daikin Applied Americas, hContract# Quote Q-86616 Effective Date: upon Execution Expiration Date: Contract Purpose/Description: This work is for repair of the Chiller at the Monroe County Detention Center. Work was originally quoted at$6,981.36. Once work began,other components of the Chiller were found to be damaged. Due to the emergency nature of the repair,the work was continued with a final cost of$10,492.09. See attached Emergency Memo. Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Derek Nappi 3997 nappi-derek@monroecounty-fl.gov (Name) (Ext.) Email Address CONTRACT COSTS Total Dollar Value of Contract: $ $10,492.09 Current Year Portion: $ (must be$100,000 or less) (If multiyear agreement then requires BOCC approval, unless the;orq d o,a:eR hfly ,e Budgeted?Yes No❑ Grant: $ County Match: $ Fund/Cost Center/Spend Category: 101-20505-00062 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.) Insurance Required: YES ❑ NO ❑ CONTRACT REVIEW Reviewer Department/Office Director/ Signature: William Desantis Assistant Director Joseph X. DiNovo Digitally signed by Joseph X.Move ose County Attorney Signature: p Date:2026.04.2312:22:44-04'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: y Date:2026.04.2313:03:54-04'00' Lisa Abreu Digitally signed by Lisa Abreu Purchasing Signature: Date:2026.0428 09:11:55-04'00' (email contracts4monroecounty-tl.gov) Angelica Malcosk Digitallys6.04.2ned y Ange934 a04'00'ky OMB Signature: 9 Y Dale:2026.04.2809:34:20-04'00' (email OMB@monroecounty-fl.gov) Comments: Revised BOCC 11/12/2025 Rol,,'i.sc d 1 1 11 fd P f 91 F" .t SERVICE & REPAIR QUOTE i` STOCK ISLAND DETENTION CENTER -CHILLER# 1 SOFT STARTED CHANGE - SERVICE & REPAIR STOCK ISLAND DETENTION CENTER 5501 College Rd Key West FL,US 33040 Quote S.0-86616 Prepared for: Cmssy Collins Suitft 1 Budgat Aminisoraw. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Quote Daaumenl DaW.08f08125 Prepared by: Uiceata CiWerti Account Manager Phone 954 862 SSW Mobile 754 97135 53 E-mai vicente caerrti@daikinappiedcom D*A Applied Americas,Inc_ A Proven PAfr= Nt cuslotriers count on f?ek:m Applied log n and manulecUe tadtwaolrlgraally sd Wn ed o mr"dal HVAC systtuns that O*m the highest *Ky and siufuliens dtet sx*W the li£eIN( it*V systems t krm Apphod d a whdity owrraxl sut rdrary of Orakin trudiasdlas.ttd'Me a air MWk4jpg naanwdarckner in be world.Eroded MmSon is a halmadw at D*A AppW Cuskr rs tety on products Me MOWaturler magnalcMearargaar faathfin air drdlars,f roottep unrts, meat ou wafer saw(c*heat pumps,and Modular Cerft Plants for excap600,01 a a004+61y„anal suslarnatiitity. Ovaldyy and wnbUhle our is omlral to our 1 —at rwaork and at pray we sbtwa to Improve tnocor EnWoommnlad Ai Ou^ka the MulkdMags'wae Ougty peopta deliva:"qualty produch From cWtept a0d design dtrou tb productlon and deivecy we are orammtMed to ma'kk g Me p vducts you r a ret{atrte cornprnent of your Maohng system We omtrjua to aottamp ourselves to dwyratcp new teehndo*that wwriza anergy usages end maxima"xo oorntort Acms Catkin,we Me4ewe tiptia aftits that O"Aviduals a make to pratad the Onvirwrnent can add up to big tirgs. DAin Ap Mars mom than six nrl n square feet of marvj( pu jrAthts al 12 ptants on bme r onliirents.VM ha+re lotabons wdlr mere than 5,000 dedjc�mad amgp ayees ar awwrd the world.Alt our mararfac tng Wires m be t MWA Was am 150 9001 oortiked For more Wormatiorw,visa www.DaikinAWUed.00m. The eward-wk mtg Wie Applied Deuelopmerrt Center,at our he uartars in th.Mamoukk is the weddrs ml advarrod kcft hx HVAC research end davrdaprnaot Every day our work to develop HVAC lechndtogles thatredooa energy oonsumpdon and the cad=tsaolprart of the buildings where they writ be used. Service&Repair Quote Z 02025 ttlaikin Appkd QUOTE N:,FiAj,; S one of rvise Daikin Applied Americas,Inc.is pleased to offer the following Service&Repair Quote for your consideration,. Thank you for selecting Daikin Applied Service Group to care for your building's system.Our service personnel have the knowledge and experience to deliver the best support avalable.Daikin is pleased to offer this Quote for your consideration. 1. Provide Soft Starter Chiler#1.TT-500-G-1-ST-E-E-NC. 2. Labor for Eight(8)His. 3. Revslon of the Software of the controller. Emergency Service Response Emergency service is available on a 7-day,24 hour basis, For scheduled service and repairs covered under this agreement and performed at the Customer's request outside of normal working hours,the Customer agrees to pay the difference between the prevailing standard twilling rate and the prevailing overtime rate. Equipment Repair Daikin will perform all services during its regular working hours unless otherwise specified,Any services requested or agreed to by Customer that are outside the Scope of Work will be performed by Company at an additional cost.Company will invoice such services at a special service and repair billing rate at Company's published labor rate for the service area_ Standard Inclusions: The agreement includes travel to and from the site, planned maintenance materials,and any trips to supply depots to procure materials, The Owner will receive a written report for the inspection or services provided.For specific activities associated with the equipment covered under the agreement,reference the planned maintenance activities section. irf r° „11 1 uslons, • Customer to have chiller secured and condenser bundle drained prior to arrival • All work to be performed during`normal working hours' • Any and all reoommendedlrequired repairs to be quoted separately • Asbestos identification,abatement,and pipe insulation are not included • Chemical(add)cleaning of tubes,if required,is not included • Vibration analysis testing is not included • Refrigerant is not included • Compressor overhaulfintemal inspection is excluded • This Quote is only valid if check valve holds,otherwise we will need to revise the quote to cover refrigerant Service&Repair Quote 3 02025 Daikin Applied QUOTE#--, 61g icitn i and Accolptance, Feel free to contact me if you have any questions or concerns regarding the information contained in this Service &Repair Quote.if you would like us to proceed with the solution presented above,sign the acceptance line below (including PO#if applicable)and return a copy so that we can begin to mobilize our efforts to complete services as quickly as possible.We appreciate the oppolluniity to provide you wilh this solution and look forward to workings with you on this and servicing your needs in the future.. Inves ent Amount and l3illin Terms: Investment required to implement the proposed solution $6,981.36(Six Thousand,Kline Hundred Eighty One dollars and Thirty Six cents) 'Price does not include applicable$4103 tax Pricing and acceptance are based upon the Terms and Conditions which are attached. BillinglP yment TeraW:Billed in full upon completion `All Fillings are due immediately upon Receipt This Quote will be honored by Daikin Applied for 30 days from the date on the front of the Quote.After 30 days, Daikin Applied reserves the right to evaluate cost changes(both increases and decreases)from the Quote. Chrissy Collins Daikin Applied Americas Inc. MONROE COUNTY BOARD OF COUNTY 13600 Industrial Park Blvd COMMISSIONERS Minneapolis,MN 55441 123 OVERSEAS HWYROCKLAND KEY KEY WEST,FL 33040 Accepted by: Approved by: Christine Hurley Nt Full Lpgal Name of CuRotiefl�signed by (Print Full Legal Name or DaiW Applied Repte hr Chrset+la4 re) nstine Christine Hurley H u rl e Date:2026.04.30 � (Signawm) ($rgnature) County Administrator (TIN) (Tile) April 28, 2026 Data Daw' Note:This Agreement is subject to final credit approval by Daikin Applied. MONROE GOUNfV AW811NEWS eFFiEE APPROVED AS TO FORM i w�COUNTYATTORNEY DATE: Inv Service S Repair Quote 4 02025 Dalkie Applied QUOTE# ;.c FbAlKiN DAIKIN APPLIED AMERIC S INC. TERMS El,CO DITII 4ADAJ I.Agreement of sate:the term"Company"as used herein.shall meariO4jkinAppaed Americas Inc dtiaDalkin Applied Company's Proposal to pr efe equipment,pnrts,or services,wtnirh intpudes spncih�cat nns to pinform servires iincNdingplanneci maintenance se"ces lalso referred to as.a'"'Maintenance Agreement"j,is Company's offer to sell such equlpmernt,parts or services as indicated,including without.timitatxin these products sold kinder the brand name Dalkin,only under the terms and conditions stated herein.Customer's submittat of any purchase documents,execution of thh offer,or allowingCorronpany to commence work contemplated by the propOsai,shalt be deem;ed Customer's acceptance of thlsoffer,lormnT an agreement of the parties relating WCOmPWs We to Customer of such equipment,parts,and/or.services in accordance with the provisions described herein(the*Agreement'),Any additional ordiffefing terms and conditions contained in any documents prepared or submitted by Cirstoiner(regardfess of whether.such terms MAterfaliyalter Ib�s offerl are hereby rejected by Company and shall not become part of this Agreement between Customer and Company unless expressly ronser'ted to in waling by aA autharited representative Of Company 2.Prices:For materials,equipment and services under this Agreement that are not part of a Maintenance Agreement,prices are subject to increase upon notice,due to such events as announced increases in the Company's list prices or Increases in labor or material costs.For services under this Agreement that are part of a Maintenance Agreement,quoted prices are subject to acceptance by customer within thirty 130)days of the date of the proposal,or can be adjusted by Company,and are subject to adjustment once each calendar year thereafter,effective on the anniversary date,for changes in labor,subcontractor and material costs if such adjustment is not expressly set forth in a Maintenance Agreement„Company will provide Customer forty-five(45)days prior written notice of such adjustment.Customers payment of an invoice with an adjusted price shall be Custamers acceptance of the price adjustment so long as such Invoice reflects the price adjustment expressly set forth in the notice of adjustment or Maintenance Agreement 3.Payment;Terms of payment are subject to prior approval of the Company's credit department.Terms of payment far equipment are net thirty 130,1 days from date of invoice,unless otherwise agreed upon in writing by Company.Terms of payment for services are due upon receipt of invoice,unless otherwise agreed upon m writing by Company If at any time the f nanclal condition of Customer or any other circumstance affecting the credit decision relating to Customer does not,In Company's opinion,justify continuance of production or shipment of products or performance of services on the terms of payment specified,Company may require full or partial payment in advance,or may,in its sole discretion,stop or delay producton or shipment of products or performance of services,or terminate this Agreement,In the event of default in payment,Customer agrees to pay al:costs of collection incurred by Company,including but not limited to,collection agency fees,attorneys'fees, legal expenses and court costs.All past due amounts shall bear interest at the highest rate allowed by law Customer shag have no rights of set off against any amounts that become payable to Company under this Agreement or otherwise. 4„Taxes:The amount of any present or future taxes applicable to the product shall be added to the price contained herein and paid by Customer unless Customer has provided to company valid exemption documentation.Any manufacturers tax,occupation tax,use tax,sales tax,excise tax, value added tax,duty,custom,inspection or testing fee,or any other tax,fee or charge of any nature whatsoever imposed by any governmental authority on or measured by the transactlon between Company and Customer,excluding business income or franchise taxes imposed on Company„shall be paid by the Customer In addition to the prices quoted or invoiced.In the event Company is required to pay any such tax,fee or charge,the Customer shall reimburse Company therefor. S.Cancellations:Equipment is specialty manufactured In response to orders.Accepted orders cannot be cancelled without Company's written tortsent.If Customer cancels any order without Company's consent,Customer shall,promptly upon demand by Company.(a)reimburse Company for any and all expenses(including overhead)incurred in processing the order,jb)paid Company a reasonable profit,in Company's discretion,and (c)indemnify Company for any and all loss incurred by Company as a result of customers cancellation of the order. 6.shipments and shipping: 61,All shipments will be made F.O.B.factory or warehouse with freight prepaid and allowed as quoted via a low-cost common carrier.Charges for special carrier services requested by Customer shall be paid by Customer-Company may ship the goods in one or more lots,such lots may be separately invoiced and shall be paid for when due per invoice,without regard to subsequent deliveries-Delay in delivery of any lot shah not relieve Customer of its obligation to accept remaining deliveries. confirmations of shipping shipment dates are only estimates.For c4tnty, 6.2.Notwithstanding the dates on any Company acknowledgments or this Agreement is not a contract obligating Company to ship product or perform services at a specified time,unless set forth in a separate writing signed by an officer of Company. t Acceptance:Customer will Inspect the products set forth In Company's proposal within five(5)business days of the date the products are delivered'to Customer("Inspection Period").Acceptance shall be deemed to have occurred at the end of the Inspection Period,unless Customer notifies Company in writing of any nonconforming products and furnishes Company with written evidence,or other documentation required by Company,identifying the nonconformities.If Customer timely and properly notifies Company of any nonconforming products,then Company will replace such nonconforming products with conforming products.Acceptance also occurs if Customer waives its right of inspection,uses the of equipment,or makes any payment toward the invoice for the products. regardless of shipping terms or C Claims:Responsibility of Company for all shipments ceases upon delivery of the goods to the carrier;arid,r eg PP ng freight payment,Customer shall bear all risk of loss or damage for goods in transit.All claims for shortage or damage in transit must be filed by Customer against the carrier,and not Company,in accordance with Company's then current policies and procedures.Claims for factory shortages will not be considered unless made in writing to company within ten(10)days after receipt of the goods and accompanied by reference to Companys hilt of lading and factory order numbers. Service&Repair Quote 5 02025 Dakin Applied QUOTE#-_ 9„Returns:Goods may not be returned unless Customer obtains the advance written permission of an authorized Campany official.All authorized returned goods must be shipped prepaid to the location designated by the authorization.Customer shall pay all handling and transportation charges relating to such returned goods. 10.Limited Warranty:Subject to the provisions of Sections 11 and 12,Company provides the following limited warranties as the sole warranties and remedies for equipment,services and software provided by Company under this Agreement. 10-1.Company warrants that it will,at its option,repair or replace defective parts in the event any product(excluding software and firmware) manufactured by Company,sold hereunder and used in the United States or Canada,proves defective in material or workmanship within twelve 1121 months from initial start-up,or eighteen(18)months from date of shipment,whichever period expires sooner.Authorized replacement parts are warranted for the remainder of the original warranty period.All shipments of such parts will be made F.0.8_factory,freight prepaid and allowed,Company reserves the right to select carrier and method of shipment.In addition,Company provides labor to repair or replace warranty parts during Company normal working hours on products with rotary screw compressors or centrifugal compressors.Warranty labor is not provided for any other products- 1,0.2.Company warrants that services furnished by Company pursuant to the Agreement are guaranteed to meet industry standards for a period of thirty(30)days from the date of performance.Company expressly limits this warranty to cover only that portion of Customer's equipment on which Company performed the services set forth in the Agreement.if Company s services do not conform to the foregoing warranty,Company will,at its expense,reperform the services. 10.3.For parts and equipment furnished by Dalkln Applied but manufactured by others("Third-Party Equipment"),Dalkin Applied will pass through to Customer the manufacturer's warranty for all Third-Party Equipment as Customers sole warranty and remedy for such Third-Party Equipment, 10.4„EXCEPT TO THE EXTENT SOFTWARE AND FIRMWARE IS WARRANTED IN ACCORDANCE WITH SECTION 10.3,ALL SOFTWARE AND FIRMWARE PROVIDED IN OR WITH THE PRODUCTS IS PROVIDED"AS IS.' 10.S.THE FOREGOING WARRANTIES CONSTITUTE THE SOLE WARRANTIES MADE BY COMPANY AND INCLUDE CUSTOMER'S SOLE REMEDIES FOR WARRANTY CLAIMS.COMPANY DOES NOT WARRANT THAT THE OPERATION OF ANY SOFTWARE OR FIRMWARE PROVIDED UNDER THIS AGREEMENT WILL BE UNINTERRUPTED OR ERROR FREE,OR THAT ANY DEFECT OR MALFUNCTION IN THE SOFTWARE 15 CORRECTABLE_THESE WARRANTIES ARE GIVEN IN LIEU OF ALL OTHER WARRANTIES,INCLUDING,WITHOUT LIMITATION,THE IMPLIED WARRANTIES OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT,WHICH ARE HEREBY DISCLAIMED, 11,Warranty Exdusions and Requirements: 11,1.Company's warranties set forth in Section 10 shall not apply to any products or parts,or as applicable,services:(a)that have been opened, disassembled,or repaired,or altered or performed,in each case by anyone other than Company or its authorized service representative;(b)that have been subjected to misuse,abuse,negligence,accidents,damage,at abnormal use or service;(c)that have not been properly maintained;(d) that have been operated or installed,or have had startup performed,in each case in a manner contrary to Company's printed instructions;(e) that,have been exposed,directly or indirectly,to a corrosive atmosphere or material such as,but not limited to,chlorine,fluorine,fertilizers, waste water,urine,rust,salt,sulfur,ozone,or other chemicals,contaminants,minerals,or corrosive agents;(Tj that were manufactured or furnished by others and/or are not an Integral part of a product manufactured by Company;or(g)for which Company has not been paid in full. 11,2.The warranties set forth in Section 10 shall not apply to products with rotary screw compressors or centrifugal compressors if such products have not been started,or if such startup has not been performed,by a Company or Company authorized service representative. I LI Refrigerants,nuids,oils and expendable Items such as filters are not covered by Company s warranty. 11A,COMPANY MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,REGARDING PREVENTION OF MOLD/MOULD,FUNGUS, BACTERIA„MICROBIAL GROWTH,OR ANY OTHER CONTAMINATES, 1ls„COMPANY MAKES NO REPRESENTATION OR WARRANTY,EXPRESS OR IMPLIED,THAT THE PARTS ORDERED BY CUSTOMER MEET THE DESIGN AND SPECIFICATION REQUIREMENTS OF ANY PROJECT.To that end,Customer accepts full and sole responsibility to determine what parts ordered are needed for a project. 11.6.if free warranty labor is available under Section 10,such free labor does not include diagnostic visits,inspections,travel time and related expenses,or unusual access time or costs required by product location. 11.7-No person(including any agent,sales representative,dealer or distributor)has the authority to expand Company's obligation beyond the terms of the express warranties in this Agreement,or to state that the performance of any product is other than is published by Company 11.8.The warranties in Section 10 and any optional extended warranties are granted only to the original user. 11.9.Company must receive a startup Regi stration Form for products containing motor compressors and/or furnaces within ten(10)days of original product startup.if Company does not timely receive such Registration Form,the startup date and ship date will be deemed the same for determining the commencement of the warranty period and the warranty shall expire twelve(121 months from that date. 12.Remedies and Limitation on Liability: 12.1.Customers remedies with respect to the products and services sold hereunder shall be limited to the warranties provided in section 10 and Shan not exceed the lesser of:(a)the cost of repairing or replacing defective products;and(b)the original purchase price actually paid for the products or services. 1212 IN NO EVENT AND UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE TO CUSTOMER OR ANY THIRD PARTY FOR INCIDENTAL, INDIRECT,SPECIAL,CONTINGENT,CONSEQUENTIAL,DELAY OR LIQUIDATED DAMAGES,INCLUDING,WITHOUT LIMITATION ANY DAMAGES THAT ARISE OUT OF OR IN ANY WAY RELATE TO COMPANY S PERFORMANCE OR LACK OF PERFORMANCE UNDER THIS AGREEMENT,WHETHER THE THEORY FOR RECOVERY IS BASED IN LAW OR IN EQUITY.OR IS UNDER ANY LEGALTHEORY WHATSOEVER,INCLUDING,WITHOUT LIMITATION, BREACH OF CONTRACT OR WARRANT,INFRINGEMENT,NEGLIGENCE,OR STRICT LIABILITY,REGARDLESS OF WHETHER THESE DAMAGES COULD HAVE BEEN FORESEEN.THE TERM"CONSEQUENTIAL DAMAGE$"INCLUDES WITHOUT L1MITATiON,THOSE DAMAGES ARISING FROM BUSINESS INTERRUPTION OR ECONOMIC LOSS,SUCH AS LOSS OF ANTICIPATED PROFITS,REVENUE,PRODUCTION,USE,REVENUE,REPUTATION,DATA OR Service&Repair Quote 6 0202S parkin Appiled QUOTEN 1;,60'4 FrOASKIN CROPS.IN NO EVENT WILL COMPANY'S LIABILITY UNDER THIS AGREEMENT,IN THE AGGREGATE,ARISING FROM ANY CAUSE WHATSOEVER ExCEED THE PRICE PAID OR PAYABLE FOR THE EQUIPMENT OR SERVICES GIVING RISE TO THE CLAIM, 13.Intellectual Property Indemnification:Company will,at its own expense,defend any suits that maybe instituted by anyone against Customer for alleged infringement of any valid United States patent,trademark or copyright inexistence on the date of this Agreement relating to any products or replacement parts sold hereunder that are manufactured by Company;provided that customer has:(i)made all payments then due :hereunder;(ii)given Company immediate notice in writing of any such suit and transmit to Company immediately upon receipt all processes and papery served upon Customer;and(N)permitted Company,either in the name of Customer or the name of Company,to defend the same and given Company all needed information,assistance and authority to enable it to do so.If the products alleged in such suit held by a court of competent jurisdiction to have,in and of themselves,infringed any such patent,trademark or copyright,Company will pay any final award of damages in such suit to the extent attributable to such infringement.Notwithstanding the foregoing.Company shall not be responsible for any 'Settlement made without its written consent,or for infringements of combination or process patents covering the use of the products in Combiination with other goods not furnished and manufactured by Company.Notwithstanding the provisions of this paragraph,Customer will hold Company harmless against any expense or lass resulting from Infringement of patents or trademarks arising from compliance with Customers designs or specifications or instructions. 24.System Security:Customer is solely responsible for the implementation and maintenance of a comprehensive security program("Security program")that contains reasonable and appropriate security measures and safeguards to protect Customers computer network,systems, machines,and data(collectively,"Systems")against Cyber Threats,Including those Systems on which Customer runs the products or uses the services provided by Company."Cyber Threat(s)"means any circumstances or events with the potential to adversely impact,compromise, damage,or disrupt Customers Systems or that may result in any unauthorized access,acquisition,loss,misuse,destruction,disclosure,and/or modification of Customers Systems,including any data,whether through malware,hacking,or similar attacks. 15.Force Majeure:Company shall not be liable for any damage as a result of any failure to perform or for delay in performance due to any cause beyond Company s reasonable control,including without limitation,any acts of God,including Road,earthquake,tornado,storm,fire,or emdemics,or pandemics;acts of terrorism,war or public enemy,civil disobedience,riots,sabotage,or labor disputes;labor or material shortages or delays,delays in transportation,or inability to access or obtain manufacturing facilities;restraint by court order or public authority(whether valider invalid);oracts of Customer(a"Force Majeure Event").In the event of a Force Majeure cause or event the time for the affected parttrs performartte will be extended for a period of time reasonably necessary to overcome the delay caused by such Force Majeure cause or event.If the materials or equipment included in this Agreement become temporarily of permanently unavailable for reasons beyond the control of Company.Company shalt be excused from furnishing said materials or equipment and shall be reimbursed for the difference between cost of materialsor equipment unavailable and the cost of an available reasonable substitute_ 16.Chace of taw and Disputes; 16.1,This Agreement shall be governed by and construed according to the laws of the State of Minnesota,without regard to conflicts of law. 16.2.All claims,disputes,controversies and alleged breaches arising out of or relating to the Agreement shall be submitted to binding arbitration In accordance with theCommerclal Arbitration Rules of the American Arbitration Association("AAA"),except lhatCompany,at its sole option, may elect at anytime before it has filed an arbitration demand or answering statement to litigate in court in lieu of arbitration.Any such arbitration shall be held in Minneapolis,Minnesota,unless another site is mutually agreed upon by the parties.Arbitration discovery shall be allowed in accordance with the Federal Rules of Civil Procedure;provided,however,that any such discovery shall be completed within four(4) Months from the date the Demand for Arbitration is fled with the AAA.Any arbitration award may be entered as a judgment in any state or federal court having jurisdiction. 17.General Provisions: 17.1.This Agreement is binding upon and shall Inure to the benefit of each parties respective successors,assigns and affiliates. 17..2.The headings in this Agreement are used as a matter of convenience and shall not be construed to in no way define,limit or describe the scope or intent of any provision of this Agreement. 17.3.A partt/s failure or neglect to enforce any provision hereof shall in no way constitute a waiver of such party/s rights under any other provision.No waiver,alteration or modification of this Agreement shall be valid unless made in writing and signed by an authorized official of the (Company,in particular and without limiting the foregoing,notwithstanding anything to the contrary in Customers purchase order or any other documents,the Company does not accept any order subject to project design and specifications. 17.4.This Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior negotiations,representations or agreements relating thereto either written or oral,except to the extent that they are expressly incorporated herein. 17.5.If any provision of this Agreement is found for any reason to be invalid or unenforceable,such provision shall be deemed deleted and replaced by an enforceable provision which,insofar as possible,achieves the same economic and other benefits for the parties as the severed provision was intended to achieve,and the remaining provisions of this Agreement shall continue in full force and effect. It Additional provisions Relating to Company's Provision of SerActs: 1g.1_If during the first thirty(30)days of any Maintenance Agreement or upon a seasonal start-up under a Maintenance Agreement Company determtnes that any equipment covered under thisAgreement in need of repair and/or replacement,Company shall inform Customer of the equipment condition and the recommended remedy.Thereafter.Company shall not be responsible for the present or future repair and/or replacement or operability of any such specifically identified equipment until such equipment is brought by Customer to an acceptable condition, or the Customer removes the unacceptable equipment from such Maintenance Agreement- IS 2-Any and all costs,fees and expenses arising from or incurred,directly or indirectly,in anticipation of any federal,state,county,local or admWstrattve statute,law,rule,regulation or ordinance(collectively"Governmental Regulattan(s)")requiring use of a refrigerant other than the type of refrigerant currently being utilized In connection with Customers equipment an which Company is providing services under this Service&Repair Quote 7 02025 Dafkin Applied QUOTE* 1. a r Agrer,merit,,shall be borne solely by Customer and Company shall not be required to bear any such costs,fees or expenses incurred or required in connectcon with the modification,removal,replacement or disposal of any refrigerant made in response to any Governmental Regulation. 18.3_The contract price stated in this Agreement is predicated on the fact that all work will be done during Company's regular working hours unless otherwise specified_If for any reason Customer requests that such work be performed other than during regular working hours,ar requests work that is outside the scope of services specified hereunder,Customer agrees to pay Company any additional charges arising from such additional services,including,without limitation,premium pay,special freight or other fees or costs associated therewith.Company may,in its sale discretion,reserves the right to engage others in a subcontractor status to perform the work hereunder 18.4-Customershall be solely responsible for all costs,expenses,damages,fines,penalties,claims and liabilities associated with or incurred in connection with anyhazardous materials or substances,including but not limited to asbestos,upon,beneath,aboutor inside Customers equipment or property.Title to,ownership of,and legal responsibility and liability for any and all such hazardous materials or substances,shall at all times remain with Customer.Customer shall be responsible for the removal,handling and disposal of all hazardous materials and substances in accordance with all applicable Governmental Regulations.Customer shag defend,indemnity,and hold harmless Company and its officers, directors,agents,and employees(collectively"Indemnf@ed Parties:')for,from and against any and all claims,damages,costs,expenses,liabilities, actions,wits,fines and penalties(including without limitation,attorneys'fees and expenses)suffered or incurred by any such Indemnified Parties,based upon,arising out of Grin anyway,relating to exposure to,handling of,or disposal of any hazardous materials or substances, including but not limited to asbestos,in connection with the services performed hereunder.Company shall have the right to suspend its work,at no penalty to Company,until such products or materials and the resultant hazards are removed.The time for completion of the work shall be extended to the extent caused by the suspension and the contract price shall be equitably adjusted. taS.Customer small provide Company personnel with the usual required utilities(water,electricity,compressed air,etc.)and special tools and equ6pment normally used for such services unless specifically stated in the quote.Further,Customer shall ensure that sufficient service access space is provided.Company shall not be held liable for failure of or damage to any Customer equipment caused by power interruptions,single phasing,phase reversal,tow voltage,or other deficiencies beyond the control of Company. 1a.6.Company is not responsible for:(a)the design of Customers system(unless specifically Included In Company's proposal),(b)obsolescence, electrical power failures,low voltage,the burned-out of main or branch fuses,low water pressure,vandalism,or misuse or abuse of customers system by others(including the Customer),(c)negligence of the operation of the system by Customer or others,or(d)other causes beyond the ''...Control.of company_if Company is required to make any repairs and/or replacements or emergency calls occasioned by the improper operation of the system or the equipment covered hereby,or by any cause beyond Comparli control.customer shall pay Company for the charges Incurred in making such repairs and/or replacements or emergency calls in accordance with the current established Company rates for performing such services. 181.A Maintenance Agreement may be terminated:(i)by either parry upon the anniversary date of the Agreement provided however,that written notice of such termination must be given to the non-terminating party at least thirty(30)days prior to the anniversary date;(ill by Company upon give(5)days prior written notice to Customer,in the event that:(x)any sums or monies due or payable pursuant to this Agreement are not paid when due,or any addltlons,alterations,repairs or adjustments are made to the system or equipment without Company's prior approvah,(ill)by either party,In the event that the other party carmi any other material breach of this Agreement and such breach remains uncured for ten(10)business days,after written notice thereof.If a Maintenance Agreement is terminated for any reason,other than a material breach by Company,Customer shall pay,in addition to all sums currently due and owing,the entire remaining balance due for the term of the Maintenance Agreement.or an amount equal to time and materials expended for the year,whichever is less 1%.Additional Provisions Relating to Sales in Canada,The parties hereto confirm that it is their wish that this contract be drawn up in the English language only;les parties aux prisentes confirment leur volonti que ce contrat soft ridfgi en langue anglaise seulement. Service&Repair Quote $ 02025 Oaildn Applied QUOTE p�. ll FFDAIKIN MEMORANDUM TO: CHRISTINE HURLEY, MONROE COUNTY ADMINISTRATOR; TINA BOAN,DIRECTOR OF MONROE COUNTY OFFICE OF MANAGEMENT& BUDGET/PURCHASING; JULIE E. CUNEO, DIRECTOR- OFFICE OF PURCHASING AND ADMINISTRATIVE OVERSIGHT; DEBRA MARTINEZ, PURCHASING ANALYST-OFFICE OF PURCHASING&ADMINISTRATIVE OVERSIGHT CC: WILLIAM DESANTIS, MONROE COUNTY DIRECTOR OF DEPARTMENT OF FACILITIES MAINTENANCE; CHRISSY COLLINS, SENIOR BUILDING ADMINISTRATOR/BUDGET- DEPARTMENT OF FACILITIES MAINTENANCE; DEREK NAPPI, MANAGER- DEPARTMENT OF FACILITIES MAINTENANCE(MONROE COUNTY DETENTION CENTER- STOCK ISLAND) FROM: JOSEPH X. DINOVO,ASSISTANT MONROE COUNTY ATTORNEY RE: EMERGENCY WAIVER OF COMPETITIVE PROCUREMENT PROCEDURES FOR CHILLER REPAIR & REVISION OF CONTROLLER SOFTWARE AT THE MONROE COUNTY DETENTION CENTER (STOCK ISLAND) DATE: JANUARY 26,2026 BACKGROUND The Monroe County Detention Center on Stock Island in Key West, Florida is a facility operating twenty-four hours per day,seven days a week housing an inmate population and the correctional staff of the Office of Monroe County Sheriff. As such, it must be suitable for its purpose to house its inmate population in a humane manner. On or about August 8, 2025, Daikin Applied Americas, Incorporated (Daikin) was contacted to address the failure of the Heating,Ventilation&Air Conditioning(HVAC)system to adequately cool the facility. In particular, it was initially determined that Chiller #1 providing water to the HVAC system required the installation of a Soft Starter and revision of the software to the Controller.Daikin thereafter quoted the cost of providing the aforementioned repairs to be $6,981.36. The amount quoted was below the threshold of$10,000.00 set forth in Subparagraph 2(F) of the Monroe County Purchasing Policy triggering the requirement that two or more quotes be obtained for work costing between that amount and$100,000.00. Upon arrival at the facility, Daikin discovered that additional work needed to be performed on the Chiller to render it operational and for the HVAC system to perform as intended.The additional work entailed the replacement of the Inverter Board on Chiller#1 and increased the total cost of providing the repairs to $10,492.09- an amount exceeding the threshold set forth in Subparagraph 2(F) of the Monroe County Purchasing Policy. DISCUSSION Based upon the information provided above, I conclude the foregoing circumstances constitute an emergency situation that permits a departure from the normal competitive solicitation process under the Monroe County Code and Subparagraph 2(F) of the Monroe County Purchasing Policy. In this regard,Subsection 2-347(k)(1),Monroe County Code provides as follows: The board of county commissioners may dispense with the bidding provisions of this section and contract directly for services,goods or public works in the case of an emergency, (1) For the purposes of this section, the term "emergency" means: a. An immediate danger to the public health or safety; b. A danger of loss of public or private property that requires immediate government action; C. An interruption in the delivery of an essential governmental service;or d. A substantial risk that a funding source of a contract will be diminished or lost because the time required to competitively award bids after the funds become available exceeds the time within which the funding source must be spent. [Emphasis Added] Moreover, Chapter 7(B) of the Monroe County Purchasing Policy provides, in relevant part, as follows: B.Emergency Purchases The term "emergency" is as defined in Section 2-347(k)(1) of the Monroe County Code. Purchase of commodities and services in the event of a public emergency may be obtained under the following conditions: 1. The public emergency for the requirements will not permit a delay resulting Erom competitive solicitation. [Emphasis Added] 2 It is my considered opinion that the failure of the HVAC system to provide adequate climate control at the Monroe County Detention Center(Stock Island) for inmates housed therein and whose care is entrusted to the County and the staff who are required who work at the facility rendered it unfit for its intended use to house inmates and constitutes an "emergency" for purposes of Section 2-347, Monroe County Code and Chapter 7(B),Monroe County Purchasing Policy. Moreover, the failure to address the need for HVAC repairs and to provide a climate-controlled environment to inmates and staff in a timely manner interrupts the delivery of essential governmental services by impacting the ability of the Office of Monroe County Sheriff to fulfill its responsibility to adequately house inmates in its care. The repairs contemplated by the initial assessment of the work and the further repairs determined to be necessary were both designed to address the emergency created by the failure of Chiller #1 to adequately render the HVAC system operational.While the existence of an emergency would not be necessary to permit the purchase of the services in the originally quoted amount because the competitive solicitation process would not have been triggered by Subparagraph 2(F) of the Monroe County Purchasing Policy,the emergency nevertheless existed both before and after it was determined that additional work was required to render the HVAC system operational.Consequently,pursuant to Section 2-347, Monroe County Code and Chapter 7(B), Monroe County Purchasing Policy, the aforementioned emergency constitutes an exception to the competitive solicitation requirements set forth in Subparagraph 2(F) of the Monroe County Purchasing Policy. CONCLUSION Consequently, the foregoing circumstances constitute an emergency for purposes of Section 2-347, Monroe County Code and Chapter 7(B), Monroe County Purchasing Policy. Owing to the contract amount and, pursuant to Subchapter 7(B)(2)(a) and Subchapter 2(F), Monroe County Purchasing Policy, the purchase under emergency circumstances may be approved by the County Administrator. 3 Addendum Monroe County Contract Terms and Conditions The Monroe County Board of County Commissioners (hereinafter, "County") and, Daikan Applied Americas, Incorporated (hereinafter,"Company") agree as set forth below. The County and Company hereby enter into this Addendum to Q u o t e #Q-8 6 6 16 o f C o in p a n y and agree to the following: The Agreement includes and incorporates the Quote and this Addendum. To the extent that any terms conflict,the language as set forth in this Addendum shall supersede any other terms and shall be binding. The Agreement is a Public Record under Chapter 119, Florida Statutes. The parties agree to comply with Chapter 119, Florida Statutes. Payment will be made in accordance with the Local Government Prompt Payment Act (Section 218.70, Florida Statutes). Payments due and unpaid under the Agreement shall bear interest pursuant to the Local Government Prompt Payment Act. Company shall submit to the County invoices with Supporting documentation that are acceptable to the Office of Monroe County Clerk of Court and Comptroller(Clerk). Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. The County' performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. The County's' indemnification is limited and subject to the sovereign immunity provisions of Section 768.28, Florida Statutes. This Agreement shall not exceed $100,000.00. Any automatic renewal is subject to this not to exceed amount of$100,000.00 Maintenance of Records. The Company shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. 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 five years following the termination of this Agreement. If an auditor employed by the County or the Clerk determines that monies paid to the Company pursuant to this Agreement were spent for purposes not authorized by this Agreement,the Company 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 Company. 1 Governinp Law, Venue, Interpretation, Costs, and Fces. 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. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Company agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. This Agreement shall not be subject to arbitration. Attorney's Fees and Costs. The Parties 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 and court costs, as an award against the non-prevailing party,and shall include attorney's fees and courts costs 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 the Circuit Court of Monroe County. Nondiscrimination. The Parties 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 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 prohibits discrimination on the basis of race, color 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 the 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 on the basis of disability; 10) Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. Public Records Compliance. T h e Company 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 Company 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 Company 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 Company. Failure of Company 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 2 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. Company is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Non•Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida Statutes, the participation of the County and Company 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 contract entered into by the County be required to contain any provision for waiver. 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 Company agree that neither the County nor the Company 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. No Personal Liabilily. 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. E-Verify System. In accordance with Section 448.095, Florida Statutes, any 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 Company 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 Agreement term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subconstruct with an unauthorized alien. Company shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. County Forms. By signing this Agreement, the Company has sworn or affirmed to the following requirements as set forth in the Public Entity Crime Statement, Ethics Statement, Drug-Free Workplace Statement, Vendor Certification Regarding Scrutinized Companies List and Affidavit Attesting to Noncoercive Conduct for Labor or Services as set forth in more detail in this Agreement. Public Entity Crime Statement. The Company certifies and agrees that n e i t h e r t h e Company nor any Affiliate has been placed on the convicted vendor list within the last 36 months. In accordance with Section 287.134, Florida Statutes, an entity or affiliate who has been placed on the Discriminatory Vendor List, kept by the Florida Department of Management Services, may not submit a bid on a contract to provide 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 3 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 a public entity,may not be awarded or perform work as a contractor, supplier or subcontractor 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 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, the Company represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereunder and may result in debarment from the County's competitive procurement activities. In addition to the foregoing, the Company 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 Company has been placed on the convicted vendor list. The Company will promptly notify the County if it or any subcontractor is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list Employment or Retention of Former Coun!y Officers or Empl2yees. By signing this Agreement, the 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 2-149, 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 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 pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. Vendor Certification Regarding Scrutinized Companies Lists. Company agrees and certifies compliance with the following: Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of any amount if, at the time of contracting or renewal,the company is on the Scrutinized Companies that Boycott Israel List,created pursuant to Section 215.4725, Florida Statutes, or is engaged in a Boycott of Israel. Section 287.135, Florida Statutes, also prohibits a company that is on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Lists which were created pursuant to Section 215.473, Florida Statutes, or that is engaged in business operations in Cuba or Syria from bidding on, submitting a proposal for, or entering into or renewing a contract for goods or services of$1,000,000 or more. 4 As the person authorized to sign on behalf of Company, I hereby certify that the company identified above 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 List, or engaged in business operations in Cuba or Syria. I understand that, pursuant to Section 287.135, Florida Statutes, the submission of a false certification may subject company to civil penalties,attorney's fees,and/or costs. I further understand that any contract with the County may be terminated,at the option of the County, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism List or been engaged in business operations in Cuba or Syria. Note: The Lists are available at the following Department of Management Services Site: o ted sus waded Non-Collusion Affidavit. Company by signing this Agreement, according to law on its oath, and under penalty of perjury, deposes and says that the person signing on behalf of the Company and the bidder making the Proposal for the project described in the Scope of Work executed the said proposal with full authority to do so;the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening,directly or indirectly,to any other bidder or to any competitor; and no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit,a bid for the purpose of restricting competition.The statements contained in this affidavit are true and correct and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Affidavit Attesting to Noncoercive Conduct for Labor or Services. The Company is required to state, under penalty of perjury, that the Company does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes. As defined in Subsection 787.06(2)(a), coercion means: I. Using or threatening to use physical force against any person; 2. Restraining, isolating, or confining or threatening 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; 5 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 11 of Section 893.03, Florida Statutes to any person for the purpose of exploitation of that person. As a person authorized to sign on behalf of the Company, I certify under penalties of perjury that the Company does not use coercion for labor or services in accordance with Section 787.06.Additionally, the Company has reviewed Section 787.06, Florida Statutes, and agrees to abide by same. Insurance. The Company shall maintain the following required insurance throughout the entire term of this Agreement and any extensions. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend any deadlines specified in this Agreement and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for Company's failure to maintain the required insurance. Commercial General Liability Insurance with minimum limits of$500,000 Combined Single Limit(CSL) If split limits are provided, the minimum limits acceptable shall be $250,000 per Person, $500,000 per occurrence and$50,000 property damage. The Monroe County BOCC shall be named as an Additional Insured as its interests may appear on all insurance policies issued to satisfy the above requirements. The Company shall provide to the County, as satisfactory evidence of the required insurance, including the insurance policy application and either: • Original Certificate of Insurance, OR • Certified copy of the actual insurance policy, OR • Certificate of Insurance e-mailed from Insurance Agent/Company to County Risk Management-Telephone Gaelan Jones at(305) 292-3470 for details (Certificates can be e-mailed directly from the insurance agency to: Jones-GaelangMonroeCounty- Fl.gov. An original certificate or a certified copy of any or all insurance policies required by this contract shall be filed with the Clerk of the BOCC prior to the contract being executed by the Clerk's office. The Insurance policy must state that the Monroe County BOCC is the Certificate Holder and Additional Insured for this contract. Company Daikin Applied South Florida MONROE COUNTY ATTORNEYS OFFICE APPROVED AS TO FORM Signature JOSEPH 01NOW COUN T Y AT70RNEY DATE: Title Guillermo Feria-District Service Manager ................. Date 3/5/2026 6 REMIT TO: DAIKIN APPLIED INVOICE �DAWIN 24827 NETWORK PIL ... CHICAGO IL 60673-1248 (ADDRESS NOT FOR OVERNIGHT MAIL) Number 3560568 Daikin Applied 13600 Industrial Park Blvd. FED.ID.:41-0404230 Minneapolis,MN 55441 Invoice Date 25-NOV-25 Phone:(763)553-5330 Purchase SIGNED Order PROPOSAL Service Office Miami Service BILL TO: SHIP TO: Attn:Accounts Payable STOCK ISLAND DETENTION CENTER MONROE COUNTY BOARD OF COUNTY 5501 College Rd Service Order SV2509030254@@1 COMMISSIONERS Key West FL 33040 Customer No 289430 3583 S ROOSEVELT BLVD .................... ATTN CHRISSY COLLINS KEY WEST FL 33040 Page 1 of 1 FTerms Due Date Start Complete Date Ship Date Ship Via DUE UPON RECEIPT 07-NOV-25 07-NOV-25���_______L_ ................=............ ........... Item No. Qty Model Number/ Description Extended JOB PERFORMED AS PER Q-88632-CHILLER#1 INVERTER BOARD CHANGE- SERVICE&REPAIR SERIAL# 1 1 Flat Rate Charge 10,492.09 IF YOU HAVE QUESTIONS REGARDING THIS INVOICE PLEASE CONTACT (954-486-4808).THANK YOU FOR YOUR BUSINESS. -9-wUl—ect to Daikin Apip lied's Stan ar terms an SUBTOTAL TAX FREIGHT TOTAL conditions(Form QF-1216-REV), IF these terms and conditions are not on file,contact Dalkin Applied at(763)553-5330. Past due accounts are subject to interest charges. 10,492.09 0.00 0.00 07492-09 .......................... ........—1.............................