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#18-7403 (Weatherproofing Technologies, Inc.) ASSUMPTION AGREEMENT This Assumption Agreement is made and entered into on this 2S of , 2023 by and between WEATHERPROOFING TECHNOLOGIES, INC. ("Weatherproofing"), a Delaware corporation registered to do business in the State of Florida, and Collier County, a political subdivision of the State of Florida("County"), (collectively the"Parties"). WHEREAS, on March 26, 2019 (Agenda Item 16.C.1)the County awarded an Agreement No. 18-7403, "Indoor Air Quality Testing," to Pure Air Control Services, Inc. ("Pure Air"), and attached hereto as Exhibit"A" (hereinafter referred to as "Agreement"); and WHEREAS, on July 1, 2022, Weatherproofing, acquired all of Pure Air's assets via corporate merger as memorialized in attached Exhibit"B;" and WHEREAS, Weatherproofing hereby represents to Collier County that by virtue of the above-referenced acquisition of Pure Air's assets it is the successor in interest in relation to the Agreement; and WHEREAS, the Parties wish to formalize Weatherproofing's assumption of rights and obligations under the Agreement effective as of the date first above written. NOW THEREFORE, IN CONSIDERATION of the mutual promises in this Assumption Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are acknowledged by the Parties, it is agreed as follows: 1. Weatherproofing accepts and assumes all rights, duties,benefits, and obligations of Pure Air under the Agreement, FEMA Federal Grant Provisions, including all existing and future obligations to pay and perform under the Agreement, and attached hereto as Exhibit"C". 2. Weatherproofing will promptly deliver to County evidence of insurance consistent with the Agreement. 3. Further supplements to, or modifications of, the Agreement shall be approved in writing by both parties. 4. Notice required under the Agreement to be sent to Weatherproofing shall be directed to: WEATHERPROOFING: Weatherproofing Technologies,Inc. 3735 Green Road Beachwood, Ohio 44122 Phone: 727-572-4550 Attention: Cyndy Bailey; email: cbailey@wtiservices.com 5. The County hereby consents to Weatherproofing assumption of the Agreement in order to continue the services provided under Agreement No. 18-7403. No waivers of performance Page 1 of 2 Assumption to Agreement#18-7403 or extensions of time to perform are granted or authorized. The County will treat Weatherproofing as it would have Pure Air for all purposes under the Agreement. Except as provided herein, all other terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF, the undersigned have executed and delivered this Assumption Agreement effective as of the date first above written. ATTEST \' '� BOARD OF COUNTY COMMISSIONERS Crystal K. Kinzel, Clerk Comptroller COLLIER COUNTY, FLORIDA (**"....'...)2 By: By: Attest as`t i,cpairrneplpoput 1 Rick LoCastro, Chairman signature only A,,,. Approved s to '?•r,1 and Legality: �F By: ii 1' A Jeffrey/A. 'll,4 ow Count At • ney Weatherproofing's Witnesses: Weatherproofing Technologies, Inc. BY: ? 7/1-eig/eAuf1/44- first Witness Signature JK Milliken, President Jaime Brink, VP, CFO, Treasurer TType/print signature and titleT TType/print witness name Sao SGiiptee Second Witness Sandy Shipley, Contract Analyst TType/print witness nameT Page 2 of 2 Assumption to Agreement#18-7403 EXHIBIT A FIXED TERM SERVICE AGREEMENT # 18-7403 for Indoor Air Quality Testing THIS AGREEMENT, made and entered into on this ash day ofM -1 201°1 , by and between Pure Air Control Services, Inc , authorized to do business in the State of Florida, whose business address is 4911 Creekside Dr. Suite C, Clearwater, FL 33760 , (the "Contractor") and Collier County, a political subdivision of the State of Florida, (the "County"): WITNESSETH: 1. AGREEMENT TERM. The Agreement shall be for a three (3 ) year period, commencing ■ upon the date of Board approval or on and terminating on three (3 ) year(s) from that date or until all outstanding Purchase Order(s) issued prior to the expiration of the Agreement period have been completed or terminated. The County may, at its discretion and with the consent of the Contractor, renew the Agreement under all of the terms and conditions contained in this Agreement for two (2 ) additional one ( 1 ) year(s) periods. The County shall give the Contractor written notice of the County's intention to renew the Agreement term prior to the end of the Agreement term then in effect. The County Manager, or his designee, may, at his discretion, extend the Agreement under all of the terms and conditions contained in this Agreement for up to one hundred and eighty (180) days. The County Manager, or his designee, shall give the Contractor written notice of the County's intention to extend the Agreement term prior to the end of the Agreement term then in effect. 2. COMMENCEMENT OF SERVICES. The Contractor shall commence the work upon issuance of a 11 Purchase Order ❑Notice to Proeee4. 3. STATEMENT OF WORK. The Contractor shall provide services in accordance with the terms and conditions of[11 Request for Proposal (RFP) [ I i r+tation to Bid (ITB) ❑ Other ( ) # 18-7403 , including all Attachment(s), Exhibit(s) and Addenda and the Contractor's proposal referred to herein and made an integral part of this Agreement. ❑� The Contractor shall also provide services in accordance with Exhibit A— Scope of Services attached hereto. Page 1 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 3.1 This Agreement contains the entire understanding between the parties and any modifications to this Agreement shall be mutually agreed upon in writing by the Parties, in compliance with the County's Procurement Ordinance, as amended, and Procurement Procedures in effect at the time such services are authorized. 4. THE AGREEMENT SUM. The County shall pay the Contractor for the performance of this Agreement based on Exhibit B- Fee Schedule, attached hereto and the price methodology as defined in Section 4.1. Payment will be made upon receipt of a proper invoice and upon approval by the County's Contract Administrative Agent/Project Manager, and in compliance with Chapter 218, Fla. Stats., otherwise known as the "Local Government Prompt Payment Act". 4,1 Price Methodology (as selected below): • transferred from the County to the contractor; and, as a business practice there arc no satisfaction of the County's project manager before payment for the fixed price contract is authorized. IN Time and Materials: The County agrees to pay the contractor for the amount of labor time spent by the contractor's employees and subcontractors to perform the work(number of hours times hourly rate), and for materials and equipment used in the project (cost of materials plus the contractor's markup). This methodology is generally used in projects in which it is not possible to accurately estimate the size of the project, or when it is expected that the project requirements would most likely change. As a general business practice, these contracts include back-up documentation of costs; invoices would include number of hours worked and billing rate by position (and not company (or subcontractor) timekeeping or payroll records), material or equipment invoices, and other reimbursable documentation for the project. ICI Unit Price: The County agrees to pay a firm total fixed price (inclusive of all costs, including labor, materials, equipment, overhead, etc.) for a repetitive product or service delivered (i.e. installation price per ton, delivery price per package or carton, etc.). The invoice must identify the unit price and the number of units received (no contractor inventory or cost verification). 4.2 Any County agency may obtain services under this Agreement, provided sufficient funds are included in their budget(s). 4.3 Payments will be made for services furnished, delivered, and accepted, upon receipt and approval of invoices submitted on the date of services or within six(6) months after completion of the Agreement. Any untimely submission of invoices beyond the specified deadline period is subject to non-payment under the legal doctrine of "laches" as untimely submitted. Time shall be deemed of the essence with respect to the timely submission of invoices under this Agreement. Page 2 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 1. 474 n {check if applicable) Travel and Reimbursable Expenses: Travel and D i la ur m n+ sh II be a♦th following rato . Mileage $0.4,5 per mile Br akfast $6.00 Lunch $4-1410 Dinner $10.00 Airfare h class faro Rental cap vehicles Lodging cap of no more than $150.00 per night Parking Actual cost of parking Taxi or Airport Limousine • items will be paid only after Contractor has provided all receipts. Contractor shall be responsible for all other costs and expenses associated with activities and solicitations 5. SALES TAX. Contractor shall pay all sales, consumer, use and other similar taxes associated with the Work or portions thereof, which are applicable during the performance of the Work. Collier County, Florida as a political subdivision of the State of Florida, is exempt from the payment of Florida sales tax to its vendors under Chapter 212, Florida Statutes, Certificate of Exemption #85-8015966531C. 6. NOTICES. All notices from the County to the Contractor shall be deemed duly served if mailed or emailed to the Contractor at the following: Company Name: Pure Air Control Services, Inc. Address: 4911 Creekside Dr. Suite C Clearwater, Florida 33760 Authorized Agent: Alan Wozniak, President/CEO Attention Name &Title: Cynthia Bailey, Operations Manager Telephone: 239-444-1770 E-Mail(s): cbailey@pureaircontrols.com All Notices from the Contractor to the County shall be deemed duly served if mailed or emailed to the County to: Page 3 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Board of County Commissioners for Collier County, Florida Division Name: Facilities Management Division Division Director: Miguel Carballo, Interim Director Address: 3335 Tamiami Trail, Suite 101 Naples, Florida 34112 Administrative Agent/PM: Amanda Condomina, Operations Analyst Telephone: 239-252-8380 E-Mail(s): Amanda.Condomina@colliercountyfl.gov The Contractor and the County may change the above mailing address at any time upon giving the other party written notification. All notices under this Agreement must be in writing. 7. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating a partnership between the County and the Contractor or to constitute the Contractor as an agent of the County. 8. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits necessary for the prosecution of the Work shall be obtained by the Contractor. The County will not be obligated to pay for any permits obtained by Subcontractors. Payment for all such permits issued by the County shall be processed internally by the County. All non-County permits necessary for the prosecution of the Work shall be procured and paid for by the Contractor. The Contractor shall also be solely responsible for payment of any and all taxes levied on the Contractor. In addition, the Contractor shall comply with all rules, regulations and laws of Collier County, the State of Florida, or the U. S. Government now in force or hereafter adopted. The Contractor agrees to comply with all laws governing the responsibility of an employer with respect to persons employed by the Contractor. 9. NO IMPROPER USE. The Contractor will not use, nor suffer or permit any person to use in any manner whatsoever, County facilities for any improper, immoral or offensive purpose, or for any purpose in violation of any federal, state, county or municipal ordinance, rule, order or regulation, or of any governmental rule or regulation now in effect or hereafter enacted or adopted. In the event of such violation by the Contractor or if the County or its authorized representative shall deem any conduct on the part of the Contractor to be or improper, the County shall have the right to suspend the objectionable Agreement of the Contractor. Should the Contractor fail to correct any such violation, conduct, or practice to the satisfaction of the County within twenty-four (24) hours after receiving notice of such violation, conduct, or practice, such suspension to continue until the violation is cured. The Contractor further agrees not to commence operation during the suspension period until the violation has been corrected to the satisfaction of the County. Page 4 of 17 Fixed Term Service Agreement#2017-002(Ver.1) - P`: 10. TERMINATION. Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty (30) day written notice. The County shall be sole judge of the non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination. The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. 11. NO DISCRIMINATION. The Contractor agrees that there shall be no discrimination as to race, sex, color, creed or national origin. 12. INSURANCE. The Contractor shall provide insurance as follows: A. II Commercial General Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, $2,000,000 aggregate for Bodily Injury Liability and Property Damage Liability. This shall include Premises and Operations; Independent Contractors; Products and Completed Operations and Contractual Liability. B. Business Auto Liability: Coverage shall have minimum limits of $ 1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and Property Damage Liability. This shall include: Owned Vehicles, Hired and Non-Owned Vehicles and Employee Non-Ownership. C. III Workers' Compensation: Insurance covering all employees meeting Statutory Limits in compliance with the applicable state and federal laws. The coverage must include Employers' Liability with a minimum limit of $ 1,000,000 for each accident. D. n Professional Liability: Shall be maintained by the Contractor to ensure its legal liability for claims arising out of the performance of professional services under this Agreement. Contractor waives its right of recovery against County as to any claims under this insurance. Such insurance shall have limits of not less than $ 1,000,000 each claim and aggregate. €- fiber Liability_Coverage shall have minimum limits of$ per claim. • 'mum limits of $ per claim. Page 5 of 17 Fixed Term Service Agreement#2017-002(Ver.1) Special Requirements: Collier County Board of County Commissioners, OR, Board of County Commissioners in Collier County, OR, Collier County Government shall be listed as the Certificate Holder and included as an "Additional Insured" on the Insurance Certificate for Commercial General Liability where required. This insurance shall be primary and non-contributory with respect to any other insurance maintained by, or available for the benefit of, the Additional Insured and the Contractor's policy shall be endorsed accordingly. Current, valid insurance policies meeting the requirement herein identified shall be maintained by Contractor during the duration of this Agreement. The Contractor shall provide County with certificates of insurance meeting the required insurance provisions. Renewal certificates shall be sent to the County thirty (30) days prior to any expiration date. Coverage afforded under the policies will not be canceled or allowed to expire until the greater of: thirty (30) days prior written notice, or in accordance with policy provisions. Contractor shall also notify County, in a like manner, within twenty-four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal or material change in coverage or limits received by Contractor from its insurer, and nothing contained herein shall relieve Contractor of this requirement to provide notice. Contractor shall ensure that all subcontractors comply with the same insurance requirements that the Contractor is required to meet. 13. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Contractor shall defend, indemnify and hold harmless Collier County, its officers and employees from any and all liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys' fees and paralegals' fees, whether resulting from any claimed breach of this Agreement by Contractor, any statutory or regulatory violations, or from personal injury, property damage, direct or consequential damages, or economic loss, to the extent caused by the negligence, recklessness, or intentionally wrongful conduct of the Contractor or anyone employed or utilized by the Contractor in the performance of this Agreement. This indemnification obligation shall not be construed to negate, abridge or reduce any other rights or remedies which otherwise may be available to an indemnified party or person described in this paragraph. This section does not pertain to any incident arising from the sole negligence of Collier County. 13.1 The duty to defend under this Article 13 is independent and separate from the duty to indemnify, and the duty to defend exists regardless of any ultimate liability of the Contractor, County and any indemnified party. The duty to defend arises immediately upon presentation of a claim by any party and written notice of such claim being provided to Contractor. Contractor's obligation to indemnify and defend under this Article 13 will survive the expiration or earlier termination of this Agreement until it is determined by final judgment that an action against the County or an indemnified party for the matter indemnified hereunder is fully and finally barred by the applicable statute of limitations. Page 6of17 Fixed Term Service Agreement#2017-002(Ver.1) 14. AGREEMENT ADMINISTRATION. This Agreement shall be administered on behalf of the County by the Facilities Management Division 15. CONFLICT OF INTEREST. Contractor represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder. Contractor further represents that no persons having any such interest shall be employed to perform those services. 16, COMPONENT PARTS OF THIS AGREEMENT. This Agreement consists of the following component parts, all of which are as fully a part of the Agreement as if herein set out verbatim: Contractor's Proposal, Insurance Certificate(s), © Exhibit A Scope of Services, Exhibit B Fee Schedule, © RFP/ 4-T--B,1L Other #18-7403 , including Exhibits, Attachments and Addenda/Addendum, I I subsequent quotes, and ■ Other Exhibit/Attachment: Grant Provisions 17. APPLICABILITY. Sections corresponding to any checked box ( ■ ) expressly apply to the terms of this Agreement. 18. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between the parties herein that this Agreement is subject to appropriation by the Board of County Commissioners. 19. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other item of value to any County employee, as set forth in Chapter 112, Part III, Florida Statutes, Collier County Ethics Ordinance No. 2004-05, as amended,, and County Administrative Procedure 5311. Violation of this provision may result in one or more of the following consequences: a. Prohibition by the individual, firm, and/or any employee of the firm from contact with County staff for a specified period of time; b. Prohibition by the individual and/or firm from doing business with the County for a specified period of time, including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate termination of any Agreement held by the individual and/or firm for cause. 20. COMPLIANCE WITH LAWS. By executing and entering into this Agreement, the Contractor is formally acknowledging without exception or stipulation that it agrees to comply, at its own expense, with all federal, state and local laws, codes, statutes, ordinances, rules, regulations and requirements applicable to this Agreement, including but not limited to those dealing with the Immigration Reform and Control Act of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either may be amended; taxation, workers' compensation, equal employment and safety including, but not limited to, the Trench Safety Act, Chapter 553, Florida Statutes, and the Florida Public Records Law Chapter 119, including specifically those contractual requirements at F.S. § 119.0701(2)(a)-(b) as stated as follows: Page 7 of 17 Fixed Term Service Agreement#2017-002(Ver.1) IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: Communication and Customer Relations Division 3299 Tamiami Trail East, Suite 102 Naples, FL 34112-5746 Telephone: (239) 252-8383 The Contractor must specifically comply with the Florida Public Records Law to: 1. Keep and maintain public records required by the public agency to perform the service. 2. Upon request from the public agency's custodian of public records, provide the public agency 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 public agency. 4. Upon completion of the contract, transfer, at no cost, to the public agency all public records in possession of the Contractor or keep and maintain public records required by the public agency to perform the service. If the Contractor transfers all public records to the public agency upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the public agency, upon request from the public agency's custodian of public records, in a format that is compatible with the information technology systems of the public agency. If Contractor observes that the Contract Documents are at variance therewith, it shall promptly notify the County in writing. Failure by the Contractor to comply with the laws referenced herein shall constitute a breach of this Agreement and the County shall have the discretion to unilaterally terminate this Agreement immediately. 21. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County encourages and agrees to the successful Contractor extending the pricing, terms and conditions of this solicitation or resultant Agreement to other governmental entities at the discretion of the successful Contractor. Page 8 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 22. PAYMENTS WITHHELD. The County may decline to approve any application for payment, or portions thereof, because of defective or incomplete work, subsequently discovered evidence or subsequent inspections. The County may nullify the whole or any part of any approval for payment previously issued and the County may withhold any payments otherwise due to Contractor under this Agreement or any other Agreement between the County and Contractor, to such extent as may be necessary in the County's opinion to protect it from loss because of: (a) defective Work not remedied; (b) third party claims failed or reasonable evidence indicating probable fling of such claims; (c) failure of Contractor to make payment properly to subcontractors or for labor, materials or equipment; (d) reasonable doubt that the Work can be completed for the unpaid balance of the Contract Amount; (e) reasonable indication that the Work will not be completed within the Contract Time; (f) unsatisfactory prosecution of the Work by the Contractor; or (g) any other material breach of the Contract Documents. If any conditions described above are not remedied or removed, the County may, after three (3) days written notice, rectify the same at Contractor's expense. The County also may offset against any sums due Contractor the amount of any liquidated or unliquidated obligations of Contractor to the County, whether relating to or arising out of this Agreement or any other Agreement between Contractor and the County. 23. CLEAN UP. Contractor agrees to keep the Project site clean at all times of debris, rubbish and waste materials arising out of the Work. At the completion of the Work, Contractor shall remove all debris, rubbish and waste materials from and about the Project site, as well as all tools, appliances, construction equipment and machinery and surplus materials, and shall leave the Project site clean. 24. STANDARDS OF CONDUCT: PROJECT MANAGER, SUPERVISOR, EMPLOYEES. The Contractor shall employ people to work on County projects who are neat, clean, well-groomed and courteous. Subject to the American with Disabilities Act, Contractor shall supply competent employees who are physically capable of performing their employment duties. The County may require the Contractor to remove an employee it deems careless, incompetent, insubordinate or otherwise objectionable and whose continued employment on Collier County projects is not in the best interest of the County. 25. NCI WARRANTY. Contractor expressly warrants that the goods, materials and/or equipment covered by this Agreement will conform to the requirements as specified, and will be of satisfactory material and quality production, free from defects, and sufficient for the purpose intended. Goods shall be delivered free from any security interest or other lien, encumbrance or claim of any third party.Any services provided under this Agreement shall be provided in accordance with generally accepted professional standards for the particular service. These warranties shall survive inspection, acceptance, passage of title and payment by the County. Contractor further warrants to the County that all materials and equipment furnished under the Contract Documents shall be applied, installed, connected, erected, used, cleaned and conditioned in accordance with the instructions of the applicable manufacturers, Page 9 of 17 Fixed Term Service Agreement#2017-002(Ver.1) t 1 1 fabricators, suppliers or processors except as otherwise provided for in the Contract Documents. If, within one (1) year after final completion, any Work is found to be defective or not in conformance with the Contract Documents, Contractor shall correct it promptly after receipt of written notice from the County. Contractor shall also be responsible for and pay for replacement or repair of adjacent materials or Work which may be damaged as a result of such replacement or repair. These warranties are in addition to those implied warranties to which the County is entitled as a matter of law. 26. 1111 TESTS AND INSPECTIONS. If the Contract Documents or any codes, laws, ordinances, rules or regulations of any public authority having jurisdiction over the Project requires any portion of the Work to be specifically inspected, tested or approved, Contractor shall assume full responsibility therefore, pay all costs in connection therewith and furnish to the County the required certificates of inspection, testing or approval. All inspections, tests or approvals shall be performed in a manner and by organizations acceptable to the County. 27. IRS PROTECTION OF WORK. A. Contractor shall fully protect the Work from loss or damage and shall bear the cost of any such loss or damage until final payment has been made. If Contractor or anyone for whom Contractor is legally liable is responsible for any loss or damage to the Work, or other work or materials of the County or County's separate contractors, Contractor shall be charged with the same, and any monies necessary to replace such loss or damage shall be deducted from any amounts due Contractor. B. Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. C. Contractor shall not disturb any benchmark established by the County with respect to the Project. If Contractor, or its subcontractors, agents or anyone, for whom Contractor is legally liable, disturbs the County's benchmarks, Contractor shall immediately notify the County. The County shall re-establish the benchmarks and Contractor shall be liable for all costs incurred by the County associated therewith. 28. SUBMITTALS AND SUBSTITUTIONS. Any substitution of products/materials form specifications shall be approved in writing by the County in advance. 29. CHANGES IN THE WORK. The County shall have the right at any time during the progress of the Work to increase or decrease the Work. Promptly after being notified of a change, Contractor shall submit an estimate of any cost or time increases or savings it foresees as a result of the change. Except in an emergency endangering life or property, or as expressly set forth herein, no addition or changes to the Work shall be made except upon modification of the Purchase Order by the County, and the County shall not be liable to the Contractor for any increased compensation without such modification. No officer, employee or agent of the County is authorized to direct any extra or changed work orally. Any modifications to this Agreement shall be in compliance with the County Procurement Ordinance and Procedures in effect at the time such modifications are authorized. Page 10 of 17 Fixed Term Service Agreement#2017-002(Ver.1) f 30. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or otherwise unenforceable, in whole or in part, the remaining portion of this Agreement shall remain in effect. 31, ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to this Agreement in compliance with the Procurement Ordinance, as amended, and Procurement Procedures. 32. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by this Agreement to resolve disputes between the parties, the parties shall make a good faith effort to resolve any such disputes by negotiation. The negotiation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached during negotiations to County for approval. Failing resolution, and prior to the commencement of depositions in any litigation between the parties arising out of this Agreement, the parties shall attempt to resolve the dispute through Mediation before an agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall be attended by representatives of Contractor with full decision-making authority and by County's staff person who would make the presentation of any settlement reached at mediation to County's board for approval. Should either party fail to submit to mediation as required hereunder, the other party may obtain a court order requiring mediation under section 44.102, Fla. Stat. 33. VENUE. Any suit or action brought by either party to this Agreement against the other party relating to or arising out of this Agreement must be brought in the appropriate federal or state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction on all such matters. 34. I I KEY PERSONNE . this project shall be knowlcdg able in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in thc performance of the Agreement. The Contractor shall assign as many people as necessary to complete the services on a timely basis, a-nd Bach person dates. The Contractor shall not change Key Personnel unless thc following conditions aro and/or experience. (2) that the County is notified in writing as far in advance as possible. personnel. n AGREEMENT STAFFING.The Contractor's personnel and management to be utilized for this Agreement shall be knowledgeable in their areas of expertise. The County reserves the right to perform investigations as may be deemed necessary to ensure that competent persons will be utilized in the performance of the Agreement. The Contractor shall assign as many people as necessary to complete required services on a timely basis, and each person assigned shall be available for an amount of time adequate to meet required services. Page 11 of 17 Fixed Term Service Agreement#2017-002(Ver.1) 35. I �'� OF PRE ED NCE. In tarc event of onflict between nr amonn fhe terms , take precedence. "CORDER OF PRECEDENCE (Grant Funded). In the event of any conflict between or among the terms of any of the Contract Documents and/or the County's Board approved Executive Summary, the terms of the Agreement shall take precedence over the terms of all other Contract Documents, except the terms of any Supplemental Conditions shall take precedence over the Agreement. To the extent any conflict in the terms of the Contract Documents cannot be resolved by application of the Supplemental Conditions, if any, or the Agreement, the conflict shall be resolved by imposing the more strict or costly obligation under the Contract Documents upon the Contractor at County's discretion. 36. ASSIGNMENT. Contractor shall not assign this Agreement or any part thereof, without the prior consent in writing of the County. Any attempt to assign or otherwise transfer this Agreement, or any part herein, without the County's consent, shall be void. If Contractor does, with approval, assign this Agreement or any part thereof, it shall require that its assignee be bound to it and to assume toward Contractor all of the obligations and responsibilities that Contractor has assumed toward the County. 37. SECURITY. The Contractor is required to comply with County Ordinance 2004-52, as amended. Background checks are valid for five (5) years and the Contractor shall be responsible for all associated costs. If required, Contractor shall be responsible for the costs of providing background checks by the Collier County Facilities Management Division for all employees that shall provide services to the County under this Agreement. This may include, but not be limited to, checking federal, state and local law enforcement records, including a state and FBI fingerprint check, credit reports, education, residence and employment verifications and other related records. Contractor shall be required to maintain records on each employee and make them available to the County for at least four(4)years. All of Contractor's employees and subcontractors must wear Collier County Government Identification badges at all times while performing services on County facilities and properties. Contractor ID badges are valid for one (1) year from the date of issuance and can be renewed each year at no cost to the Contractor during the time period in which their background check is valid, as discussed below. All technicians shall have on their shirts the name of the contractor's business. The Contractor shall immediately notify the Collier County Facilities Management Division via e-mail (DL-FMOPS@colliergov.net) whenever an employee assigned to Collier County separates from their employment. This notification is critical to ensure the continued security of Collier County facilities and systems. Failure to notify within four (4) hours of separation may result in a deduction of$500 per incident. Page 12 of 17 Fixed Term Service Agreement#2017-002(Ver 1) 38. ■ SAFETY. All Contractors and subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration (OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, all Contractors and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Collier County Government has authorized the Occupational Safety and Health Administration (OSHA) to enter any Collier County Facility, property and/or right-of-way for the purpose of inspection of any Contractor's work operations. This provision is non- negotiable by any division/department and/or Contractor. All applicable OSHA inspection criteria apply as well as all Contractor rights, with one exception. Contractors do not have the right to refuse to allow OSHA onto a project that is being performed on Collier County Property. Collier County, as the owner of the property where the project is taking place shall be the only entity allowed to refuse access to the project. However, this decision shall only be made by Collier County's Risk Management Division Safety Manager and/or Safety Engineer. (Intentionally left blank-signature page to follow) Il is o- Page 13 of 17 Fixed Term Service Agreement#2017-002(Ver.1) it IN WITNESS WHEREOF, the parties hereto, have each, respectively, by an authorized person or agent, have executed this Agreement on the date and year first written above. ATTEST: BOARD OF CO - TY COMMISSIONERS • COLLIER CO4 if • DA Crystal K. Kinzel, Clerk of Courts & PAO Comet I r By: By: .+r illiam L. McDaniel, Jr. , Chairman Dated:(qtade ) St aS, alit IJtt s signature only. Contractor's Witnesses: Pure Air Control S._ rvices Inc Contract • ntractor's irs Witness Signature TType/print signature and titleT TType/print witness nameT Contractor's Second Witness TType/print witness nameT A••roved as to Fa,a Legality: . .l r vl A ount Attorney 6'a - 44• tom Print Name • Page 14 of 17 �( Fixed Term Service Agreement N21117-002(Ver.l) •, Exhibit A Scope of Services following this page (containing 2 pages) I I this exhibit is not applicable Ft(C Page 15 of 17 Fixed Term Service Agreement#2017-002(Ver.1) T �' 18-7403-Inddor Air Quality SCOPE OF SERVICES BASIC SERVICES FOR IAQ INSPECTIONS Work required under this section consists of providing labor, equipment, materials, and supervision necessary to perform the techniques specifically required for the technical evaluation of indoor air quality which may include determination of microbial agents(fungi,bacteria and others)potentially harmful to human health: a. aeroallergens,non-viable particulates,surface allergen assay(dust mite,cat,cockroach,endotoxin); b. noxious gaseous compounds,i.e.,volatile organic compounds(VOC); c. carbon monoxide,Sulphur oxides and nitrogen oxides;suspended particles,i.e.,nuisance dust,asbestos,fiberglass; d. ventilation(as measured by carbon dioxide concentration),viable air flow rates;temperature and relative humidity; and e. levels of discomfort,mechanical equipment evaluated and affected personnel. ASSIGNMENT OF THE WORK: The Project Manager or their designee will provide a scope of work for Pre- and Post-testing work to the awarded Contractor.The Contractor will provide a proposal for the work,upon review and acceptance by the Project Manager or their designee,a purchase order will be issued for the work. CONTRACTOR REQUIREMENTS 1. Upon request by the Project Manager or their designee, and within twenty-four (24) hours, the Contractor shall furnish all labor, equipment, materials and supervision necessary to perform Indoor Air Quality (IAQ) inspections required to determine IAQ problems in County buildings. 2. The IAQ diagnostic evaluations shall consist of techniques specifically required for the evaluation of indoor air quality agents potentially dangerous to human health. 3. An adequate number of air samples, bacteria samples, and temperature/humidity readings shall be performed by a person certified in bacteria chemistry for each necessary application. 4. The testing and sample results shall be reviewed by a laboratory scientist experienced in Chemistry,Microbiology and/or Physical testing. A written report with test results and recommendations shall be forwarded to the Project Manager or their designee upon completion within ten(10)days. The IAQ inspections of ductwork,air handlers, coils and drain pans shall be done visually with both video and still photo for documentation. Video and photo copies of problem areas shall be provided to the Project Manager or their designee. 5. IAQ testing and inspection may also include testing for other environmental hazards such as: asbestos, lead and/or foreign smells or particles. This work may need specialized environmentalist that the contractor will have access to. SAFETY The Contractor and all subcontractors performing service for Collier County are required and shall comply with all Occupational Safety and Health Administration(OSHA), State and County Safety and Occupational Health Standards and any other applicable rules and regulations. Also, the Contractor and subcontractors shall be responsible for the safety of their employees and any unsafe acts or conditions that may cause injury or damage to any persons or property within and around the work site. Page 1 of 2 fry POINT OF CONTACT The Contractor shall be accessible 24 hours a day, 7 days a week via answering service,pager, cellular/mobile phone or other means approved by the Facilities Manager or their designee during the entire term of the Contract. Voice Mail or Answering Machines are not acceptable. The Contractor shall provide a dedicated Account Manager who shall personally visit all sites at least one time each quarter year. The Account Manager shall be the immediate point of contact to the Project Manager or their designee. The Account Manager shall be the Contractor or an employee of the Contractor and shall maintain the authority to act for the Contractor in performing the terms of this Contract. If the Account Manager is someone other than the Contractor, the Project Manager or their designee prior to the start date of the Contract shall approve the Account Manager, The Project Manger reserves the right to remove an Account Manager at his/her discretion. If the Account Manager is removed by the Project Manager or their designee or by the Contractor, a replacement shall promptly be appointed by the Contractor,subject to approval by the Project Manager or their designee. USE OF PREMISES On or about the premises and adjacent areas,the Contractor shall cause all apparatus,storage of materials and activities of workmen to be confined to the limits indicated by law, ordinance, permits, and the direction of a Collier County authorized representative, and shall not encumber or permit the premises or adjacent areas to be encumbered with such materials or apparatus. The work site shall be kept in such orderly and safe fashion and will not interfere with the progress of the work or the work of another Contractor. The Contractor shall be responsible for repairing and replacing any work damaged by his operations within thirty(30) days after notification by a Collier County authorized representative that damage has occurred. It will be the responsibility of the Contractor to report to a Collier County representative any damages found prior to any work at this site. PROTECTION OF PROPERTY The Contractor shall make necessary repairs in such a manner that does not damage property. In the event damage occurs to property by reason of any repairs or installations performed under this Contract,the Contractor shall replace F or repair the same at no cost to the County. If damage caused by the Contractor must be repaired or replaced by the County,the cost of such work shall be deducted from the monies due the Contractor. IDENTIFICATION The Contractor shall require that all employees have a shirt with visible company logo and personal identification(County ID Card issued by Facilities Management)on the individual employee. Submit to the Facilities Manager or their designee the following information for each employee: Name, Date of Birth, Social Security Number and Company Name, SUPERVISION AND INSPECTION Collier County will provide an inspector who will randomly visit all buildings/facilities to ensure schedules and performance are in accordance with the contract. ii Page 2 of 2 (t ) Exhibit B Fee Schedule following this page (containing 6 pages) G is Page 16 of 17 Fixed Term Service Agreement#2017-002(Ver.]) Ek pg. 92 Criteria No. 4—Cost of Services to the County Pt IZl.s H PURE AIR CONTROL SERVICES, Inc. FEE SCHEDULE 2018 fpe f,. rt 4 'Building Sciences es .l' IJL ib :RS c..na.mmi, m.c-�.u..�.u,do•r Corporate Headquarters, 491 Creekside Drive, Suite C, Clearwater, FL 33760 Toll Free: 1-800-422-7873 • Email: iaq@pureaircontrols.com • PureAirControls.com pg. 93 I Labor Rates i Standard Fee Schedule for Collier County Government j OVERTIME IAQServices IAQ Expert Witness IAQ Services IAQ Expert Witness Depositions& -Research, Depositions& Field Work Report Wilting Research,Report Giving Sworn - Field Report Report Giving Sworn Personnel p g Wdting Tastimon Work Writing Writing TestimonyCategory IAQ Personnel y 5166,00 5166,00 $210.00 $250.00 $247.60 $247.60 $315,00 5375.00 Doctorate Scientist(ffiD) I $160.00 $150.00 $190.00 $225.00 $226.00 5226.00 $286.00 1 $337.50 Laboratory Manager ie $105.00 $105.00 5136.00 5166,00 $167.50 5157.60 $202.60 $232.60 2 Laboratory Supervisor 3 $105.00 $105.00 $136.00 5155.00 3167.60 5167.60 $202.60 $232.60 Master Science Public Health(MSPH) I $86,00 $88,00 $110.00 $130.00 $127.50 $127.60 3165.00 $196.00 Laboratory Assistant f $126.00 5126.00 $160.00 5190.00 $187.50 4187.50 $240.00 $286.00 Certified IAQ Professional(CIAQP) $106.00 $106.00 $135.00 5165.00 $167.60 $167.60 $202.60 ,$232.60 w Senior Level CIH n 596.00 596.00 5120.00 3140.00 9142.60 5142.60 $180.00 $210.00 ( Building Scientist f ti $95.00 $96.00 $120.00 5140.00 $142.60 $142.60 5180.00 $210.00 F, Chemical Engineer 595.00 395.00 3120.00 $140.00 $142.50 $142.60 5180.00 $210.00 IL d IAQ Diagnostic Technician N $95.00 $95.00 5120.00 $140.00 5142.50 $142.60 $180.00 $210.00 F Industrial Hygienist F v 5126.00 $126.00 $160.00 5190.00 5187.50 5187.60 5240,00 f286.00 1_ m Mechanical Engineer ti $95.00 595.00 $120.00 5140.00 $142.60 $142.80 $180.00 $210.0D I: Senior[P.O Diagnostic Tech. $90.00 $90.00 $115.00 $126.00 $136.00 $135.00 $172.50 $187.50 IAQ Project Supervisor C $95.00 $95.00 3120.00 $140.00 $142.60 $142.50 $180.00 $210.00 � Project Manager 'a $86.00 $85.00 $105.00 5125.00 $127.60 $127.50 $167.60 $187.60 �il. c HVACMQ Specialist k $85.00 $55.90 $505.00 $126.00 $127.50 $127.60 $557.60 S187.60 " E I Commercial HVAC Technician HVAC(Drywall Tech 585.00 $85.00 $106.00 $126.00 $127.50 S127.60 $157.60 5187.50 I I '� $85.00 $86.00 5105.00 $126.00 $127.60 $127,50 $167.60 $101.60 I. m HVACMQ Technologist $85.00 585.00 5105.00 $126.00 $127,50 $127.60 $157.50 $187.60 Service Technician 555.00 $05.00 $70.00 $85.00 382.50 $82.60 3105.00 $127.50 Admin.Support(Technical) $5b.00 $56.00 $70.00 585.00 $82.60 $02.60 $105.00 $127.60 .� BHC Admin.Support(Technical) I'- p $45.00 $45.00 $66.00 $65.00 $67.60 $87.50 $82.60 $82.50 iData Entry C $36.00 535.00 545.00 565.00 $62.50 $62.60 S67.60 582,60 Accounting 536.00 $35.00 $45.00 $50.00 552.60 $52.50 $07.6D $76.00 Clerical $200.00 $200.00 $250.00 $300.00 $300.00 $300.00 $375.00 3450,00 to Doctor(MD) 3125,00 5126.00 $160.00 5190.0D 5187.60 3187.60 $240.00 5286,00 oPrincipal/Senbr Management $150,00 $160.00 $190.00 5226.00 5226.00 $226.00 $285.00 5337.60 Professional Engineer(PE) O 5125.00 5126.00 $160.00 $190.00 $187.60 5187.60 5240.00 5285.00 MIS Spedalist -HolwF4e6mbLawl-.MouFoipookeNvyw,ers•waaa4aandanrookdloporiy Rueaaw bowly. 6rw.nwwuoap. .44,4"e"af^•y.Re-•,•n•a-' •kende+n-Mefdrys V Ww4ecauNea44.04e«-e9e4k.u.tv.. HVAVAQ'Fbw-ONbLa.aP'.^.°d• n.eww.h..4iWMdaos.oduolionands v+4aaaOenM+4W‘ oweoW 7horal.weoiwefw-raw WWwdVa Pg. 94 PUREAU . CONTROL SERVICES. INC. Laboratory Assays Standard Fee Schedule for Collier County Government MICROBIOLOGY Bioaerosol: Bacteria, S.S.,characterization&quantitation $120.00 per Samples Bioaerosol: Bacteria,Total Colony Count $35.00 per Samples Bioaerosol: Fungi, S.S., characterization&quantitation $90.00 per Samples Bioaerosol: Fungi, Total Colony Count $35.00 per Samples Bulk: Bacteria, characterization &quantitation $120.00 per Samples Bulk: Fungi, characterization &quantitation $90.00 per Samples Bulk: Both Bacteria& Fungi, characterization&quantitation $175.00 per Samples Bulk: Both Bacteria& Fungi,Total Colony Count $90.00 per Samples Bulk:Thermophilic Bacteria& Fungi, character. & quantit. $25.00 per Samples Bulk: Thermophilic Bacteria& Fungi, Total Colony Count $90.00 per Samples Swab: Bacteria, characterization&quantitation $120.00 per Samples Swab: Fungi, characterization&quantitation $90.00 per Samples Swab: Both Bacteria&Fungi,characterization&quantitation $175.00 per Samples Swab: Both Bacteria& Fungi,Total Colony Count $90.00 per Samples Swab: Thermophilic Bacteria&Fungi, character. & quantit. $25.00 per Samples Swab:Thermophilic Bacteria & Fungi,Total Colony Count $90.00 per Samples Water: Bacteria, characterization&quantitation $120.00 per Samples Water: Fungi,characterization &quantitation $90.00 per Samples Water: Both Bacteria& Fungi, character.&quantit. $175.00 per Samples Water: Both Bacteria& Fungi, Total Colony Count $90.00 per Samples Water:Thermophilic Bacteria & Fungi, character. &quantit. $25.00 per Samples Water:Thermophilic Bacteria & Fungi, Total Colony Count $90.00 per Samples Legionella Pneumophila Detection $80.00 per Samples Legionella Pneumophila Detection& Identification $150.00 per Samples Legionella Serotyping/Molecular Detection $262.50 per Samples Mold Spore Screen $69.00 per Samples AHU Mold Spore Screen $58.68 per Samples Fungi Total Count $35.00 per Samples Bacteria Total Count $35.00 per Samples Swab: Bacteria, 3 predom. genus only $64.25 per Samples Swab: Fungi,3 predom. genus only $71.25 per Samples ALLERGEN ASSAYS Dust Allergen Screen, complete(Mite, Cat, Cockroach) $225.00 per Samples Dustmite,characteriz. & quantitation (Der p 1 & Der f 1) $95.00 per Assays Feline(cat),characterization &quantitation (Fel d 1) $60.00 per Assays Cockroach, characteriz. &quantitation (Bla g 1 & Bla g 2) $95.00 per Assays Endotoxin Assay(LAL)-DO NOT USE_SEE BIOCHEMICAL $100.00 per Assays Dustmite Allergen Screen (RapidTest) $75.00 per Samples Rat Protein Allergen Screen $95.00 per Samples Pg. 95 House Dust Allergen Assay $176.25 per Assays Allergen Screen, MARIA 5-Plex $162.00 per Assays PARTICULATE ANALYSIS Microscopic Particle Assay(SporeTrap) $65.00 per Assays Microscopic Particle Assay(SporeTrap), Fungi Only $39.00 per Assays Microscopic Particle Assay (SporeTrap),24 hr. TAT $97.50 per Assays Microscopic Particle Assay (SporeTrap), Fungi Only, 24 hr. TAT $58.50 per Assays Microscopic Particle Assay(SporeTrap), Fungi Only, Same-Day TAT $78.00 per Assays Microscopic Particle Assay(SporeTrap), Same-Day TAT $130.00 per Assays Transparent Adhesive Imprint(STP) $35.00 per Assays Transparent Adhesive Imprint(STP), Fungi Only $25.00 per Assays Transparent Adhesive Imprint(STP), 24 hr.TAT $52.50 per Assays Transparent Adhesive Imprint(STP), Fungi Only, 24 hr.TAT $37.50 per Assays Transparent Adhesive Imprint(STP), Fungi, Same Day TAT $50.00 per Assays Transparent Adhesive Imprint(STP), Same-Day TAT $70.00 per Assays Wet Mount Prep $35.00 per Assays PACS VT $25.00 per Assays Gravimetric Analysis $45.00 per Samples Laser Diode Particle Analysis (Respirable Differential) $20.00 per Samples Multiple Parameter Analysis(MPA) $200.00 per Days Particle Mass (PM10) $35.00 per Samples TapePrep Assay $35.00 per Assays TapePrep Assay, Fungi Only $25.00 per Assays I TapePrep Assay, 24 hr.TAT $52.50 per Assays i TapePrep Assay, Fungi Only, 24 hr.TAT $37.50 per Assays TapePrep Assay - Fiberglass $52.50 per Assays CHEMICAL/BIOCHEMICAL ASSAYS Carbon Monoxide(CO) $35.00 per Samples Carbon Dioxide (CO2) $5.00 per Samples Ozone $35.00 per Samples ! Formaldehyde- Instant Field Reading $35.00 per Samples Pesticide $230.00 per Samples Volatile Organic Compounds (VOC) : $220.00 per Samples Total Volatile Organic Compounds (TVOC) $100.00 per Samples Quality Control V.O.C. (Blanks) (QC VOC) $50.00 per Samples Heavy Metal Analysis $210.00 per Samples Methane/Hydrogen Sulfide Analysis $210.00 per Samples Chemical Profile $325.00 per Samples Mycotoxin:Trichothecenes $84.75 per Samples Rat Protein Allergen Test $95.00 per Samples Nitrogen Dioxide $35.00 per Samples Sulfur Dioxide $35.00 per Samples pH $25.00 per Assays Formaldehyde-HPLC Method $75.00 per Samples Endotoxin $100.00 per Samples Diphenylmethane Diisocyanate $352.00 per Assays TO15 $350.00 per Assays pg. 96 PURE Ai i_ CONTROL SERVICE' S INC. Field Expenses, Monitoring and Equipment Services Standard Fee Schedule for Collier County Government Company Car $8-42 per Miles oo n $322.00 per Persons,per Days II th t ��o se TBD per day,each,gal,etc. COMFORT,VENTILATION AND PRESSURIZATION Temperature Reading $5.00 per Samples Relative Humidity(RH) Reading $5.00 per Samples HOBO Datalogger Probe Monitoring (Temp. & Relative Humidity) $50.00 per Probes Relative Pressurization Analysis $5.00 per Readings Air Mixture and Flow Determination $5.00 per Readings Thermal Comfort Test Kit $50.00 per Samples Shortridge Flowhood Balometer: R/A or S/A<24"x 24" $5.00 per Samples Shortridge Flowhood Balometer: R/A or S/A>24"x 24" $5.00 per Samples TBD per Pages,x3 Thermography- Infrared Imaging $50.00 per Each EQUIPMENT USAGE Dehumidifier,daily rate $35.00 per Units,per Days Dehumidifier,weekly rate $125.00 per Units,per Weeks Dehumidifier, monthly rate $500.00 per Units,per Month HEPA Vacuum wet/dry, daily rate $40.00 per Units,per Days HEPA Vacuum wet/dry,weekly rate $150.00 per Units,per Weeks HEPA Vacuum wet/dry, monthly rate $600.00 per Units,per Month Negative Air Machine 2000, daily rate $40.00 per Units,per Days Negative Air Machine 2000,weekly rate $150.00 per Units,per Weeks Negative Air Machine 2000, monthly rate $600.00 per Units,per Months Negative Air Machine- 5-6K CFM, weekly rate $175.00 per Units,per Weeks Blowers/Air Movers,daily rate $32.00 per Units,per Days Blowers/Air Movers,weekly rate $125.00 per Units,per Weeks Compressor, daily rate $32.50 per Units,per Days Compressor,weekly rate $115.00 per Units,per Weeks Backpack Vacuum, daily rate $20.00 per Units,per Days Backpack Vacuum,weekly rate $75.00 per Units,per Weeks Paint Sprayer-Airless,daily rate $30.00 per Units,per Days Paint Sprayer-Airless,weekly rate $100.00 per Units,per Weeks Hot/Steam Coil Cleaning Machine, daily rate $95.00 per Units,per Days Hot/Steam Coil Cleaning Machine,weekly rate $375.00 per Units,per Weeks Pressure Washer-Cold, daily rate $30.00 per Units,per Days Pressure Washer-Cold,weeekly rate $100.00 per Units,per Weeks pg. 97 High Volume/Low Pressure Coil Cleaner, daily rate $30.00 per Units,per Days High Volume/Low Pressure Coil Cleaner,weekly rate $100.00 per Units,per Weeks Viper/Mechanical Brush- Duct Cleaning, daily rate $30.00 per Units,per Days Viper/Mechanical Brush- Duct Cleaning,weekly rate $100.00 per Units,per Weeks Axial Fans w/rigid flex ducting, daily rate $35.00 per Units,per Days Axial Fans w/rigid flex ducting,weekly rate $125.00 per Units,per Weeks Tile Stripper, daily rate $75.00 per Units,per Days Tile Stripper,weekly rate $310.00 per Units,per Weeks Roto Hammer, daily rate $75.00 per Units,per Days Roto Hammer, weekly rate $310.00 per Units,per Weeks Infrared Camera, daily rate $250.00 per Units,per Days Infrared Camera,weekly rate $1,200.00 per Units,per Weeks Fogger, daily rate $40.00 per Units,per Days Fogger,weekly rate $125.00 per Units,per Weeks Negative Air Machine-5-6K CFM, daily rate $50.00 per Units,per Days Negative Air Machine-5-6K CFM, weekly rate $175,00 per Units,per Weeks Halosil- PURE-Decon sanitizer, daily rate $75.00 per Units,per Days Halosil-PURE-Decon sanitizer,weekly rate $375.00 per Units,per Weeks Thermal Drying System, daily rate $75.00 per Units,per Days Termal Drying System,weekly rate $450.00 per Units,per Weeks Portable Containment Cubes (daily) $150.00 per units, per days Portable Containment Cubes (weekly) $499.00 per Units, per Weeks HVAC Restoration Materials: PURE-Liner 2.0 Dran pan treatment(<20 SF) $43.86 Per SF PURE-Liner 2.0 Dran pan treatment(>20 SF) $30.60 Per SF PURE-Coat(<150 SF) $8.67 Per SF PURE-Coat(>150 SF) $6.63 Per SF PURE-Cell Insulation 1"200 SF roll $6.63 Per SF PURE-Cell Insulation 1/2"200 SF roll $4.08 Per SF PURE-Decon Room Sanitization Materials $0.01 Per CU Other Exhibit/Attachment Description: Grant Provisions )>•) following this page (containing 9 pages) j this exhibit is not applicable Page 17 of 17 Fixed Term Service Agreement#2017-002(Ver.1) { l: z Collier County Solicitation4b 3 1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE This project activity is funded in whole or in part by the Federal Government,or an Agency thereof. Federal Law requires that the Applicant's contracts relating to the project include certain provisions. Per uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a contract(including a purchase order). Compliance with Federal Law,Regulations and Executive Orders:The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with any and all other relevant Federal, State, and local laws, regulations, codes and ordinances: O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards o 44 C.F.R. Part 206 o The Robert T. Stafford'Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide, 2017 (in effect for incidents declared on or after April 1, 2017) Reporting: The contractor will provide any information required to comply with the grantor agency requirements and regulations pertaining to reporting. It is important that the contractor is aware of the reporting requirements of the County, as the Federal or State granting agency may require the contractor to provide certain information,documentation, and other reporting in order to satisfy reporting requirements to the granting agency. Access to Records: (1) The contractor agrees to provide the County, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. DHS Seal, Logo,and Flags:The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre-approval. No Obligation by Federal Government:The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. Program Fraud and False or Fraudulent Statements or Related Acts: The contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. EXHIBIT I-1 6/27/2018 3:02 PM ` P.9 ) • Collier County Solicitation FA-,- 4b 3 2 EXHIBIT FEDERAL CONTRACT PROVISIONS AND ASSURANCES Energy Efficiency Standards: The contractor agrees to comply with mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act. Termination: Should the Contractor be found to have failed to perform his services in a manner satisfactory to the County as per this Agreement, the County may terminate said Agreement for cause; further the County may terminate this Agreement for convenience with a thirty(30)day written notice. The County shall be sole judge of non-performance. In the event that the County terminates this Agreement, Contractor's recovery against the County shall be limited to that portion of the Agreement Amount earned through the date of termination.The Contractor shall not be entitled to any other or further recovery against the County, including, but not limited to, any damages or any anticipated profit on portions of the services not performed. Rights to Inventions Made Under a Contract or Agreement: If the Federal award meets the definition of"funding agreement"under 37 CFR§401.2(a)and the County wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the County must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. Changes: See Standard Purchase Order Terms and Conditions. Procurement of Recovered Materials (§200.322)(Over$10,000): (1) In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA designated items unless the product cannot be acquired (i) Competitively within a timeframe providing for compliance with the contract performance schedule; (ii)Meeting contract performance requirements; or(iii) At a reasonable price. (2) Information about this requirement is available at EPA's Comprehensive Procurement Guidelines web site, https://www.epa.gov/smm/comprehensive-procurement-quideline-cpa- program Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000. As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2)The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000,subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Contracting with small and minority businesses,women's business enterprises, and labor surplus area firms §200.321 (a) The Solicitor must take all necessary affirmative steps to assure that minority businesses,women's business enterprises, and labor surplus area firms are used whenever possible. (b) Affirmative steps must include: (1) Placing qualified small and minority businesses and women's business enterprises on solicitation lists; (2)Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; EXHIBIT I-2 6/27/2018 3:02 PM c i ` p.10 Collier County Solicitation 4-94b313 3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (3) Dividing total requirements, when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business • enterprises; (4) Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses, and women's business enterprises; (5) Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce; and (6)Requiring the prime contractor, if subcontracts are to be let,to take the affirmative steps listed in paragraphs(1)through(5) of this section. Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. §60- 1.4. During the performance of this contract, the contractor agrees as follows: I. The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity,or national origin.Such action shall include,but not be limited to the following:Employment, upgrading,demotion,or transfer,recruitment,or recruitment advertising;layoff or termination;rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. II. The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. Ill. The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge,in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. IV. The contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided by the agency contracting officer, advising the labor union or workers' representative of the contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. V. The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. EXHIBIT I-3 6/27/2018 3:02 PM ,, p.11 Collier County Solicitation -94b 3 4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES VI. The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. VII. In the event of the contractor's non-compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. VIII. The contractor will include the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor.The contractor will take such action with respect to any subcontract or purchase order as may be directed by the Secretary of Labor as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event the contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction,the contractor may request the United States to enter into such litigation to protect the interests of the United States. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work ( which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph(1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$10 for each calendar day on which such individual was required or permitted to Work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The (write in the name of the Federal agency or the loan or grant recipient) shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act,which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. EXHIBIT I-4 6/27/2018 3:02 PM p.12 Collier County Solicitation t8gab31'3 5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES (4) Subcontracts.The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1)through (4)of this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." Administrative, Contractual, or Legal Remedies (over $150,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it,will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. Clean Air Act and Federal Water Pollution Control Act: (over$150,000) (1)The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. § 7401 et seq. (2) The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. (3)The contractor agrees to report each violation to the County and understands and agrees that the County will,in turn,report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. (4) The contractor agrees to include these requirements in each subcontract exceeding$150,000 financed in whole or in part with Federal assistance provided by FEMA. Byrd Anti-Lobbying Amendment(31 U.S.C. § 1352 (as amended) (over $100,000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." State Provisions Convicted Vendor and Discriminatory Vendors List Those who have been placed on the convicted vendor list following a conviction for a public entity crime or on the discriminatory vendor list may not submit a bid 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 a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of $25,000.00 for a period of 36 months from the date of being placed on the convicted vendor list or on the discriminatory vendor list. Lobbying: No funds received pursuant to this Agreement may be expended for lobbying the Legislature, the judicial branch or any state agency. Inspector General Cooperation: The Parties agree to comply with Section 20.055(5), Florida Statutes, for the inspector general to have access to any records, data and other information deemed necessary to carry out his or her duties and incorporate into all subcontracts the obligation to comply with Section 20.055(5), Florida Statutes. Record Retention - The contractor shall maintain and retain sufficient records demonstrating its compliance with the terms of the Agreement for a period of at least five (5) years after final payment is made and shall allow the County, FDEM, or its designee's access to such records upon request. EXHIBIT I-5 p.13 6/27/2018 3:02 PM coiner County Solicitation P=dad 3 6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Acknowledgement of Terms,Condrttons,and Grant Clauses Certification If the vendor subcontracts any of the work required under this Agreement,a copy of the signed subcontract must be available to the Department for review and approval, The vendor agrees to include in the subcontract that (1) the subcontractor is bound by the terms of this Agreement, (ii) the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the Department and Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law.The recipient shall document in the quarterly report the subcontractor's progress in performing its work under this agreement. For each subcontract,the Recipient shall provide a written statement to the Department as to whether the subcontractor is a minority vendor as defined in Section 288.703, Fla.Stat. On behalf of my firm, I acknowledge,the grant requirements identified in this document. Vendor/Contractor Name Pure Air Control Services, Inc. Date 7/9/2018 Authorized Signature y -' I ' I ' jF ft EXHIBIT I-6 .'; 6/27/2018 3:02 PM p.1d Collier County Solicitation 47ab3'3 7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES — .. G��RTIF�I(�ATIQ[„REGNG: ..PM.RI:kkOT�SUSPAEf F�LIGI.PIR Y� l:i314 y V, /�RDI �'7 1" 'fs V?' I `;'-and3VOls`I�NTiARY3,E,,X(;LUSION �S1ON IN rh��L�'' S -?' �4xai r fi�- !" a s � ld k J l - �, k 1�� r+—• 7 A.�i*k � ,s. Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, • declared ineligible,or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR Pure Air Control Services, Inc. - I h By: Signature Alan Wozniak, President/CEO Name and Title 4911 Creekside Dr. Suite C Street Address Clearwater, FL 33760 City, State,Zip 175078799 DUNS Number 7/9/2018 Date Sub-Recipient Name: Collier County Board of County Commissioners [ DEM Contract Number: Z0001 h � is l I FEMA Project Number: 4337DRFLP0000001 EXHIBIT 1-7 { • 6/27/2018 3:02 PM p.15 • EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COLLIER COUNTY ANTICIPATED DISADVANTAGED,MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT status will be verified. Unvertfable statuses will require the PRIME to either prelude a revised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FEID NUMBER CONTRACT DOLLAR AMOUFIT Pure Air Control Services,Inc. 59.2385498 TBO IS THE PRIME A FLORIDA-CERTIFIED DISADVANTAGED, v—rE e RAN y 0 IS THE ACTIVITY OF THIS CONTRACT... MINORITY OR WOMEN BUSINESS ENTERPRISE? DBE? Y Q CONSTRUCTION? YIar) (DBE/MBE/WBE)OR HAVE A SMALL DISADVANTAGED BUSINESS BA CERTIFICATION FROMITIE SMALL BUSINESS MBE? (C) N CONSULTATION? C:Z;) N ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y (1) OTHER? STD BA? Y e IS ITO SUBMISSION A REVISION? Y <E3 IF YES,REVISION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME IS TO COMPLETE THIS NEXT SECTION DBE MI/IAIBE SUBCONTRACTOR.OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CUNTRACT VETERAN NAME SPECIALTY (See Below) DOLLAR AmouNT DOLLARS N/A TOTALS: C SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUM It DATE TITLE OFSUBMITTER Alan Wozniak 9/24/2018 President/CEO EMAIL ADO OF PRIME(SUBM It) TELEPHONE NUMBER FAX NUMBER Bwozniak@purealroontrolBoom 727.572.4550 727-572-5859 NOTE:This inicnna Sion is media track and report anticipated DBE or FA BE participation in fetierally-funded contracts.The anticipated DBE or MBE amount is voluntary end will not become part of the contractual terms.This form must be submitted at time of response to a solicitation.fiend when awarded a County contract,the prime will be asked to update the information for the grant compliance Cos. rntNtt!rt-.. 1Sla r.k American BA HispanicAmerican HA NativeAmerkan NA Su bcont.Asia n AMe.rican CAA Asian-Pacitit American APA tron-Minarlty Women NMW Other:not of any other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY . DEPARTMENT NAME COWER CONTRACT BlEB/RFP or PO/REO) GRAM-PROGRAM/CONTRACT ACCEPTED BY: DATE EXHIBIT I-8 • Collier County Solicitation 113g4ti3"3 9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES a"' +ts ,.. S r3 a �y� < t 1 i t:�„�r•t-`� Ji xW` �.v f��,;t s f , vyy z�', , �i $�nr�..�X�1�.of'','�i t� 5 c{ ,r tix� fTio be submitted with each bid or offertexceeding100 0001 z� r1f, gitV, .4 �. r3Fh,l ( t:a1:12: i f i S a "5�'.c kgVi:: -st'f(s�' s-{ a'1i2 e7` n.f.�'� . {, Frc - ,3ik&i-.i G}..f_,t....i� t„r.�,..r.r....:x-�d:�...:"h��.��f�° .-x a.� .�__.r:��.1�.__r- ....�._..t+.F73-�...�::,..:t�.,�.uc�..�'�r,..... . .t .,.�'i� .. .��s�4_.. The undersigned[Contractor]certifies,to the best of his or her knowledge, that: 1.No Federal appropriated funds have been paid or will be paid,by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment,or modification of any Federal contract, grant, loan,or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency,a Member of Congress,an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying,"in accordance with its instructions. 3.The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements)and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C.§ 1352(as amended by the Lobbying Disclosure Act of 1995).Any person who fails to file the required certification shall be subject to a civil penalty of not less than$10,000 and not more than$100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq.,apply to this certification and disclosure, if any. Pure Air Control Services, Inc. Contractor(Firm Name) Signature of Co.tractor's Authorized Official Alan Wozniak, President/CEO Name and Title of Contractor's Authorized Official 7/9/2018 Date • EXHIBIT I-9 r €1 6127/2018 3:02 PM ACORD CERTIFICATE OF LIABILITY INSURANCE DATE;M/DDN ) 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 CONTNAME:ACT Keith Thompson Brown&Brown Insurance-Clearwater PHONE FAX 83 Park Place Blvd., Suite 101 _(A/C No Ext):727-461-6044 (A/c,No);727-442-7695 Clearwater FL 33759-3925 E-MAIL kthompson@bbpinellas.com INSURER(S)AFFORDING COVERAGE NAIC# INSURERA:American Interstate Insurance Company 31895 INSURED PUREAI2 INSURER B:Arch Specialty Insurance Company 21199 Pure Air Control Services, Inc. Building Health Check, LLC INSURERC:Auto-Owners Insurance Company 18988 4911 Creekside Dr., Ste. C INSURERD: Clearwater FL 33760 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:1804267063 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 SUER POLICY EFF POLICY EXP LIMITS LTRINSD WVD POLICY NUMBER (MMIDD/YYYYI (MM!DD)YYYY) 0 X COMMERCIAL GENERAL LIABILITY Y 12EMP7201507 2/25/2019 2/25/2020 EACH OCCURRENCE $3,000,000 CLAIMS-MADE X OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $300,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $3,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $3,000,000 POLICY X JECT LOC PRODUCTS-COMP/OPAGG $3,000,000 X OTHER: Prof.Liab.` Per Wrongful Act $3,000,000 C AUTOMOBILE LIABILITY Y 51-084-938-00 2/25/2019 2/25/2020 COMBINED SINGLE LIMIT $1,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS x HIRED x NON-OWNED PROPERTY DAMAGE _AUTOS ONLY _ AUTOS ONLY (Per accident) X PIP$1o,000 $ B X UMBRELLA LIAB X OCCUR 12EMX1158502 2/25/2019 .2/25/2020 EACH OCCURRENCE $2,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $2,000,000 DED RETENTION$n $ A WORKERS COMPENSATION AVWCFL2758222019 1/1/2019 1/1/2020 X STATUTE OTH- ER AND EMPLOYERS'LIABILITY Y I N ANYPROPRIETOR/PARTNER/EXECUTIVE N N/A E.L.EACH ACCIDENT $1,000,000 OFFICER/MEMBEREXCLUDED7 (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 B Contractors Pollution Liability 12EMP7201507 2/25/2019 2/25/2020 Per Event/Aggregate 3,000,000 B Professional Liability 12EMP7201507 2/25/2019 2/25/2020 Per Wrongful Act 3,000,000 Aggregate 3,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space Is required) Collier County Board of County Commissioners is additionally insured for any and all work performed on behalf of Collier County on a primary non-contributory basis with respect to General Liability if required by written contract and with respect to Auto Liability per Auto Coverage Form. 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. Collier County Board of County Commissioners 3327 Tamlaml Trail E. AUTHORIZED REPRESENTATIVE Naples FL 34112 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD EXHIBIT B CORPORATION SERVICE COMPANY 1201 Hays Street Tallhassee, FL 32301 Phone : 850-558-1500 ACCOUNT NO. I20000000195 REFERENCE 7821.701 4812402 AUTHORIZATION COST LIMIT $ 70 . 00 ORDER DATE : June 30, 2022 ORDER TIME : 1 : 57 PM ORDER NO. 781170-010 CUSTOMER NO: 4812402 ARTICLES OF MERGER PURE AIR CONTROL SERVICES, INC. INTO WEATHERPROOFING TECHNOLOGIES, INC. PLEASE RETURN THE FOLLOWING AS PROOF OF FILING: CERTIFIED COPY XX PLAIN STAMPED COPY CONTACT PERSON: Alexxis Weiland EXAMINER' S INITIALS : COVER LETTER TO: Amendment Section Division of Corporations SUBJECT: Weatherproofing Technologies, Inc. Name of Surviving Entity The enclosed Articles of Merger and fee are submitted for filing. Please return all correspondence concerning this matter to following: Gregory Dziak _ Contract Person Calfee, Halter & Griswold LLP Firm/Company 1405 E. Sixth Street Address Cleveland, Ohio 44114 City/State and Zip Code gdziak@calfee.com E-mail address:(to be used for future annual report notificau n) For further information concerning this matter, please call: At( Name of Contact Person Area Code&Daytime Telephone Number IliCertified copy(optional)$8.75(Please send an additional copy of your document if a certified copy is requested) Mailing Address: Street Address: Amendment Section Amendment Section Division of Corporations Division of Corporations P.O.Box 6327 The Centre of Tallahassee Tallahassee,FL 32314 2415 N.Monroe Street, Suite 810 Tallahassee,FL 32303 IMPORTANT NOTICE: Pursuant to s.607.1622(S),F.S.,each party to the merger must be active and current in filing its annual report through December 31 of the calendar year which this articles of merger are being submitted to the Department of State for filing. ARTICLES OF MERGER 102 JUN3 48 The following articles of merger are submitted in accordance with the Florida Business Corporation Act, pursuant to section 607.1105,Florida Statutes. FIRST: The name and jurisdiction of the surviving entity. Name Jurisdiction Entity Type Document Number (If knownl applicable) Weatherproofing Technologies, Inc. Delaware Corporation . Sg�gg7-- $3 t,DO 37 SECOND: The name and jurisdiction of each merging eligible entity: Name Jurisdiction Entity Type Document Number (If known/applicable) Pure Air Control Services, Inc. Florida Corporation G86230 THIRD: The merger was approved by each domestic merging corporation in accordance with s.607.1101(1)(b),F.S.,and by the organic law governing the other parties to the merger. FOURTH: Please check one of the boxes that apply to'surviving entity: ❑ This entity exists before the merger and is a domestic filing entity. ❑ This entity exists before the merger and is not authorized to transact business in Florida. ❑ This entity exists before the merger and is a domestic filing entity,and its Articles of Incorporation are being amended as attached. ❑ This entity is created by the merger and is a domestic corporation,and the Articles of Incorporation are attached. ❑ This entity is a domestic eligible entity and is not a domestic corporation and is being amended in connection with this merger as attached. ❑ This entity is a domestic eligible entity being created as a result of the merger.The public organic record of the survivor is attached. ❑ This entity is created by the merger and is a domestic limited liability limited partnership or a domestic limited liability partnership,its statement of qualification is attached. FIFTH: Please check one of the boxes that apply to domestic corporations: 0 The plan of merger was approved by the shareholders and each separate voting group as required. ❑ The plan of merger did not require approval by the shareholders. SIXTH:, Please check box below if applicable to foreign corporations The participation of the foreign corporation was duly authorized in accordance with the corporation's organic laws, SEVENTH: Please check box below if applicable to domestic or foreign non corporation(s). ❑ Participation of the domestic or foreign non corporation(s)was duly authorized in accordance with each of such eligible entity's organic law. • I • ELCUTH: If other than the date of filing,the delayed effective date of the merger,which cannot be prior to nor more than 90 days after the date this document is filed by the Florida Department of State: July 1, 2022 Note: If the date inserted in this block does not meet the applicable statutory filing requirements,this date will not be listed as the document's effective date on the Department of State's records. NINTH: Signature(s)for Each Party: Typed or Printed Name of Entity/Organization: Signature(s): Name of Individual: Weatherproofing Technologies, Inc. Edward W. Moore Pure Air Control Services, Inc. Edward W. Moore • Corporations: Chairman,Vice Chairman,President or Officer (lino directors selected, .signature of incorporator.) General partnerships: Signature of a general partner or authorized person Florida Limited Partnerships: Signatures of all general partners Non-Florida Limited Partnerships: Signature of a general partner Limited Liability Companies: Signature of an authorized person N _ C- C • O EXHIBIT C EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES FEDERAL EMERGENCY MANAGEMENT AGENCY PUBLIC ASSISTANCE The supplemental conditions contained in this section are intended to cooperate with, to supplement, and to modify the general conditions and other specifications. In cases of disagreement with any other section of this contract,the Supplemental Conditions shall govern.This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. Pursuant uniform requirements of federal awards (2 CFR Part 200.23) the definition of CONTRACTOR is an entity that receives a Contract[Purchase Order. Compliance with Federal Law, Regulations and Executive Orders: The Sub-Recipient(County)agrees to include in the subcontract that (i) the subcontractor is bound by the terms of the Federally-Funded Subaward and Grant Agreement, (ii) the subcontractor is bound by all applicable state and Federal laws and regulations, and (iii) the subcontractor shall hold the Division and Sub-Recipient harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. Specifically, the Contractor shall be responsible for being knowledgeable and performing any and all services under this contract in accordance with the following governing regulations along with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. O 2 C.F.R. Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards O 44 C.F.R. Part 206 o The Robert T. Stafford Disaster Relief and Emergency Assistance Act, Public Law 93- 288, as amended, 42 U.S.C. 5121 et seq., and Related Authorities o FEMA Public Assistance Program and Policy Guide EXHIBIT I-1 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Access to Records: The contractor agrees to provide the County, the Florida Department of Emergency Management, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representative's access to any books, documents, papers, and records of the Contractor which are directly pertinent to this contract for the purposes of making audits, examinations, excerpts, and transcriptions. (2)The Contractor agrees to permit any of the foregoing parties to reproduce by any means whatsoever or to copy excerpts and transcriptions as reasonably needed. (3) The contractor agrees to provide the FEMA Administrator or his authorized representatives' access to construction or other work sites pertaining to the work being completed under the contract. (4) In compliance with section 1225 of the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree that no language in this contract is intended to prohibit audits or internal reviews by the FEMA Administrator or the Comptroller General of the United States. Affirmative Socioeconomic Steps: If subcontracts are to be let, the prime contractor is required to take all necessary steps identified in 2 C.F.R. §200.321(b)(1)-(5)to ensure that small and minority businesses, women's business enterprises, and labor surplus area firms are used when possible. Changes: To be allowable under a FEMA grant or cooperative agreement award, the cost of any contract change, modification, amendment, addendum, change order, or constructive change must be necessary, allowable, allocable, within the scope of the grant or cooperative agreement, reasonable for the scope of work, and otherwise allowable. DHS Seal, Logo, and Flags: The contractor shall not use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency officials without specific FEMA pre- approval. The contractor shall include this provision in any subcontracts. Domestic Preference for Procurements: As appropriate and to the extent consistent with law, the non- Federal entity should, to the greatest extent practicable under a Federal award, provide a preference for the purchase, acquisition, or use of goods, products, or materials produced in the United States (including but not limited to iron, aluminum, steel, cement, and other manufactured products). The requirements of this section must be included in all subawards including all contracts and purchase orders for work or products under this award. For purposes of this section: "Produced in the United States" means, for iron and steel products, that all manufacturing processes, from the initial melting stage through the application of coatings, occurred in the United States. "Manufactured products" means items and construction materials composed in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber. License and Delivery of Works Subject to Copyright and Data Rights: The Contractor grants to the County, a paid-up, royalty-free, nonexclusive, irrevocable, worldwide license in data first produced in the performance of this contract to reproduce, publish, or otherwise use, including prepare derivative works, distribute copies to the public, and perform publicly and display publicly such data. For data required by the contract but not first produced in the performance of this contract, the Contractor will identify such data and grant to the County or acquires on its behalf a license of the same scope as for data first produced in the performance of this contract. Data, as used herein, shall include any work subject to copyright under 17 U.S.C. § 102, for example, any written reports or literary works, software and/or source code, music, choreography, pictures or images, graphics, sculptures, videos, motion pictures or other audiovisual works, sound and/or video recordings, and architectural works. Upon or before the completion of this contract, the Contractor will deliver to the County data first produced in the performance of this contract and data required by the contract but not first produced in the performance of this contract in formats acceptable by the County. No Obligation by Federal Government: The Federal Government is not a party to this contract and is not subject to any obligations or liabilities to the non-Federal entity, contractor, or any other party pertaining to any matter resulting from the contract. EXHIBIT I-2 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Prohibition on Covered Telecommunications Equipment or Services: (a) Definitions. As used in this clause, the terms backhaul; covered foreign country; covered telecommunications equipment or services; interconnection arrangements; roaming; substantial or essential component; and telecommunications equipment or services have the meaning as defined in FEMA Policy, #405-143-1 Prohibitions on Expending FEMA Award Funds forcovered Telecommunications Equipment or Services As used in this clause— (b) Prohibitions. (1) Section 889(b) of the John S. McCain National Defense Authorization Act for Fiscal Year2019, Pub. L. No. 115-232, and 2 C.F.R. § 200.216 prohibit the head of an executive agency on or after Aug.13, 2020, from obligating or expending grant, cooperative agreement, loan, or loan guarantee funds on certain telecommunications products or from certain entities for national security reasons. (2) Unless an exception in paragraph (c) of this clause applies, the contractor and its subcontractors may not use grant, cooperative agreement, loan, or loan guarantee funds from the Federal Emergency Management Agency to: (i) Procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (ii) Enter into, extend, or renew a contract to procure or obtain any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology of any system; (iii) Enter into, extend, or renew contracts with entities that use covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system; or (iv) Provide, as part of its performance of this contract, subcontract, or other contractual instrument, any equipment, system, or service that uses covered telecommunications equipment or services as a substantial or essential component of any system, or as critical technology as part of any system. (c) Exceptions. (1)This clause does not prohibit contractors from providing—(i).A service that connects to the facilities of a third-party, such as backhaul, roaming, or interconnection arrangements; or (ii). Telecommunications equipment that cannot route or redirect user data traffic or permit visibility into any user data or packets that such equipment transmits or otherwise handles. (2) By necessary implication and regulation, the prohibitions also do not apply to: (i). Covered telecommunications equipment or services that: i. Are not used as a substantial or essential component of any system; and ii. Are not used as critical technology of any system. (ii). Other telecommunications equipment or services that are not considered covered telecommunications equipment or services. (d)Reporting requirement. (1) In the event the contractor identifies covered telecommunications equipment or services used as a substantial or essential component of any system, or as critical technology as part of any system, during contract performance, or the contractor is notified of such by a subcontractor at any tier or by any other source, the contractor shall report the information in paragraph (d)(2) of this clause to the recipient or subrecipient, unless elsewhere in this contract are established procedures for reporting the information. (2) The Contractor shall report the following information pursuant to paragraph (d)(1) of this clause: (i) Within one business day from the date of such identification or notification: The contract number; the order number(s), if applicable; supplier name; supplier unique entity identifier (if known); supplier Commercial and Government Entity (CAGE) code (if known); brand; model number (original equipment manufacturer EXHIBIT I-3 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES number, manufacturer part number, or wholesaler number); item description; and any readily available information about mitigation actions undertaken or recommended. (ii)Within 10 business days of submitting the information in paragraph (d)(2)(i) of this clause: Any further available information about mitigation actions undertaken or recommended. In addition, the contractor shall describe the efforts it undertook to prevent use or submission of covered telecommunications equipment or services, and any additional efforts that will be incorporated to prevent future use or submission of covered telecommunications equipment or services. (e) Subcontracts. The Contractor shall insert the substance of this clause, including this paragraph(e), in all subcontracts and other contractual instruments. Program Fraud and False or Fraudulent Statements or Related Acts: The Contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the contractor's actions pertaining to this contract. Rights to Inventions Made Under a Contract or Agreement: Exempt from FEMA Public Assistance Funding Suspension and Debarment: (1) This contract is a covered transaction for purposes of 2 C.F.R. pt. 180 and 2 C.F.R. pt. 3000.As such the contractor is required to verify that none of the contractor, its principals (defined at 2 C.F.R. § 180.995), or its affiliates (defined at 2 C.F.R. § 180.905) are excluded (defined at 2 C.F.R. § 180.940) or disqualified (defined at 2 C.F.R. § 180.935). (2) The contractor must comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C and must include a requirement to comply with these regulations in any lower tier covered transaction it enters into. (3) This certification is a material representation of fact relied upon by the County. If it is later determined that the contractor did not comply with 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C, in addition to remedies available to the County, the Federal Government may pursue available remedies, including but not limited to suspension and/or debarment. (4)The bidder or proposer agrees to comply with the requirements of 2 C.F.R. pt. 180, subpart C and 2 C.F.R. pt. 3000, subpart C while this offer is valid and throughout the period of any contract that may arise from this offer. The bidder or proposer further agrees to include a provision requiring such compliance in its lower tier covered transactions. Procurement of Recovered Materials (§200.323) (Over $10,000): In the performance of this contract, the Contractor shall make maximum use of products containing recovered materials that are EPA- designated items unless the product cannot be acquired— Competitively within a timeframe providing for compliance with the contract performance schedule; Meeting contract performance requirements; or At a reasonable price. Information about this requirement, along with the list of EPA-designated items, is available at EPA's Comprehensive Procurement Guidelines webpage: https://www.epa.gov/smm/comprehensive- procurement-guideline-cpg-program. The Contractor also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste Disposal Act. Termination for Cause and Convenience(over$10,000): See Standard Purchase Order and/or Contract Terms and Conditions Byrd Anti-Lobbying Amendment (31 U.S.C. § 1352 (as amended) (over$100,000): Contractors who apply or bid for an award of$100,000 or more shall file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. § 1352. Each tier shall also disclose any lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the recipient." EXHIBIT I-4 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Contractors must sign and submit a certification to the County with each bid or offer exceeding $100,000. See Certifications and Assurances and the end of this document. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708) (over $100,000): Where applicable, all contracts awarded by the solicitor in excess of $100,000 that involve the employment of mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). (1) Overtime requirements. No contractor or subcontractor contracting for any part of the contract work which may require or involve the employment of laborers or mechanics shall require or permit any such laborer or mechanic in any workweek in which he or she is employed on such work to work in excess of forty hours in such workweek unless such laborer or mechanic receives compensation at a rate not less than one and one-half times the basic rate of pay for all hours worked in excess of forty hours in such workweek. (2) Violation; liability for unpaid wages; liquidated damages. In the event of any violation of the clause set forth in paragraph (1) of this section the contractor and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such contractor and subcontractor shall be liable to the United States (in the case of work done under contract for the District of Columbia or a territory, to such District or to such territory), for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of the clause set forth in paragraph (1) of this section, in the sum of$27 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by the clause set forth in paragraph (1) of this section. (3) Withholding for unpaid wages and liquidated damages. The County or FEMA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the contractor or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally-assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as provided in the clause set forth in paragraph (2) of this section. (4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clauses set forth in paragraph (1) through (4) of this section and a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in paragraphs (1) through (4) of this section." For contracts that are only subject to Contract Work Hours and Safety Standards Act and are not subject to the other statutes in 29 C.F.R. § 5.1 "Further Compliance with the Contract Work Hours and Safety Standards Act. (1) The contractor or subcontractor shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. (2) Records to be maintained under this provision shall be made available by the contractor or subcontractor for inspection, copying, or transcription by authorized representatives of the Department of Homeland Security, the Federal Emergency Management Agency, and the Department of Labor, and the contractor or subcontractor will permit such representatives to interview employees during working hours on the job. EXHIBIT I-5 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Clean Air Act (over$150,000): 1. The contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act,as amended,42 U.S.C. §7401 et seq. 2.The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Federal Water Pollution Control Act (over $150,000): 1. The contractor agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. 1251 et seq. 2. The contractor agrees to report each violation to the County and understands and agrees that the County will, in turn, report each violation as required to assure notification to the Federal Emergency Management Agency, and the appropriate Environmental Protection Agency Regional Office. 3. The contractor agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FEMA. Administrative, Contractual, or Legal Remedies (over $250,000): Unless otherwise provided in this contract, all claims, counter-claims, disputes and other matters in question between the local government and the contractor, arising out of or relating to this contract, or the breach of it, will be decided by arbitration, if the parties mutually agree, or in a Florida court of competent jurisdiction. CONSTRUCTION ACTIVITIES Equal Employment Opportunity Clause (§60-1.4): Except as otherwise provided under 41 C.F.R. Part 60, all contracts that meet the definition of"federally assisted construction contract" in 41 C.F.R. § 60-1.3 must include the equal opportunity clause provided under 41 C.F.R. § 60- 1.4. During the performance of this contract, the contractor agrees as follows: (1)The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause. (2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin. (3)The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.This provision shall not apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to such information, unless such disclosure is in response to a formal complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including an investigation conducted by the employer, or is consistent with the contractor's legal duty to furnish information. (4) The contractor will send to each labor union or representative of workers with which he has a collective bargaining agreement or other contract or understanding, a notice to be provided advising the said labor EXHIBIT I-6 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES union or workers' representatives of the contractor's commitments under this section, and shall post copies of the notice in conspicuous places available to employees and applicants for employment. (5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. (6) The contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the administering agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. (7) In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part an the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. (8) The contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1)through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including sanctions for noncompliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency, the contractor may request the United States to enter into such litigation to protect the interests of the United States. Davis Bacon Act: Exempt under FEMA Public Assistance Funding Copeland Anti-Kickback Act: Exempt under FEMA Public Assistance Funding EXHIBIT I-7 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES Compliance with Federal Law, Regulations,And Executive Orders and Acknowledgement of Federal Funding Certification This is an acknowledgement that FEMA financial assistance will be used to fund all or a portion of the contract. The contractor will comply with all applicable Federal law, regulations, executive orders, FEMA policies, procedures, and directives. If the Contractor subcontracts any of the work required under this Agreement, a copy of the signed subcontract must be available to the County for review and approval. The Contractor agrees to include in the subcontract that(1)the subcontractor is bound by the terms of this Agreement, (ii)the subcontractor is bound by all applicable state and federal laws and regulations, and (iii) the subcontractor shall hold the County and the Grantor Agency harmless against all claims of whatever nature arising out of the subcontractor's performance of work under this Agreement, to the extent allowed and required by law. The County may document in the quarterly report the Contractor's progress in performing its work under this agreement. On behalf of my firm, I acknowledge, the grant requirements identified in this document. Vendor/Contractor Name Weatherproofing Technologies, Inc. Date 2/1/2023 Authorized Signature /.d.a. J illiken, President EXHIBIT I-8 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES CERTIFICATION REGARDING DEBARMENT, SUSPENSION, INELIGIBILITY and VOLUNTARY EXCLUSION Contractor Covered Transactions (1) The prospective subcontractor of the Sub-recipient, Collier County, certifies, by submission of this document, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. (2) Where the Sub-recipient's subcontractor is unable to certify to the above statement,the prospective contract shall attach an explanation to this form. CONTRACTOR Weatherproofing Technologies, Inc. By: �''/2L,GGtl�,ei'l�/.da, Signature JK Milliken, President Name and Title 3735 Green Road Street Address Beachwood, OH 44122 City, State, Zip 34-0930570 UEI Unique Entity Identifier(for SAM.gov verification) 2/1/2023 Date Sub-Recipient Name: Collier County Board of County Commissioners DEM Contract Number: TBD FEMA Project Number: TBD EXHIBIT I-9 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES COWER COUNTY ANTICIPATED DISADVANTAGED, MINORITY,WOMEN OR VETERAN PARTICIPATION STATEMENT Status will be verified. Un.erkfable statuses will require the PR ME to either prcfvde a re.ised statement or provide source documentation that validates a status. A. PRIME VENDOR/CONTRACTOR INFORMATION PRIME NAME PRIME FED NUMBER CONTRACT DOLLAR AMOUNT Weatherproofing Technologies, Inc. 34-0930570 TBD IS THE PRIME A FLOREDA-CERTUFIED DISADVANTAGED, VETERAN V O IS THE ACTIVITY OF THIS CONTRACT._ MINORTTi OR WOMEN BUSINESS ENTERPRISE? DBE? 1' () CONSTRUCTION? Y ON DBE/M BE,NiBEI OR HAVE A SMALL DISADVANTAGED BUSINESS SA CERTIFICATION FROM THE SMALL BUSINESS MBE? 1' 4D CONSULTATION? YO' N ADMINISTRATION? A SERVICE DISABLED VETERAN? WBE? Y W OTHER? Y 508 BA? Y IS THIS SUBMISSION A REVISION? Y F YES,REV SION NUMBER B. IF PRIME HAS SUBCONTRACTOR OR SUPPLIER WHO IS A DISADVANTAGED MINORITY,WOMEN-OWNED,SMALL BUSINESS CONCERN OR SERVICE DISABLED VETERAN,PRIME 15 TO COMPLETE THIS NEXT SECTION DBE M/WBE SUBCONTRACTOR OR SUPPLIER TYPE OF WORK OR ETHNICITY CODE SUB/SUPPLIER PERCENT OF CONTRACT VETERAN NAME SPECIALTY {See Below) DOLLAR AMOUNT DOLLARS -A Ls C. SECTION TO BE COMPLETED BY PRIME VENDOR/CONTRACTOR NAME OF SUBMITTER DATE _ TITLE OF SUBMITTER JK Milliken 2-1-2023 President EMAIL ADDRESS OF PRIME(5UBMITTER) TELEPHONE NUMBER FAX NUMBER contracts@tremcoinc.com 216-292-5000 NOTE:This information is used to track and report anticipated DBE cc MBE participation in federally-funded contracts. The anticipated DBE or MBE amount is voluntary and will not become part of the contractual terms. This form must be submitted at time of response to a solicitation. if and when awarded a County contract,the prime will be asked to update the information for the grant compliance files. ETHNICITY CODE Black American BA Hispanic American rA Native American NA Subcont.Asian American SAA Asian-Pacific American APA Non-Minority Women NMW Other:not of any other group listed 0 D.SECTION TO BE COMPLETED BY COLLIER COUNTY DEPARTMENT NAME COWER CONTRACT*(IFB/RFP or POlRECOi GRANT PROGRAM/CONTRACT ACCEPTED BY: DATE EXHIBIT I-10 EXHIBIT I FEDERAL CONTRACT PROVISIONS AND ASSURANCES LOBBYING CERTIFICATION (To be submitted with each bid or offer exceeding $100,000) The undersigned [Contractor] certifies, to the best of his or her knowledge, that: 1. No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned,to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress,or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. 3. The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by 31, U.S.C. § 1352 (as amended by the Lobbying Disclosure Act of 1995). Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. The Contractor certifies or affirms the truthfulness and accuracy of each statement of its certification and disclosure, if any. In addition, the Contractor understands and agrees that the provisions of 31 U.S.C. § 3801 et seq., apply to this certification and disclosure, if any. Weatherproofing Technologies, Inc. Contractor(Firm Name) nature of Contractor's Authorized Official JK Milliken, President Name and Title of Contractor's Authorized Official 2-1-2023 Date EXHIBIT I-11 Ali� DATE(MMIDD/YYYY)� CERTIFICATE OF LIABILITY INSURANCE 02/27/2023 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 Marsh USA Inc. NAME: PHONE FAX 200 Public Square,Suite 3760 (A/C.No.Ext): (A/C,No): Cleveland,OH 44114-1824 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102302710-RPM-Cas-22-23 WEATH 033124 INSURER A:First Continental Services Co. INSURED INSURER B:Zurich American Insurance Company 16535 Weatherproofing Technologies,Inc. 3735 Green Rd. INSURER C:N/A N/A Beachwood,OH 44122 INSURER D:American Zurich Insurance Company 40142 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: CLE-006395086-07 REVISION NUMBER: 9 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTR INSD WVD POLICY NUMBER (MM/DDIYYYY) (MM/DDIYYYY) A X COMMERCIAL GENERAL LIABILITY X 1-GLRPM-01/2022 04/01/2022 04/01/2023 EACH OCCURRENCE $ 1,000,000 DAMAGE RENTED CLAIMS-MADE X .OCCUR PREMISESO(Ea occurrence) $ 1,000,000 MED EXP(Any one person) $ 10,000 PERSONAL 8 ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY PRO LOC PRODUCTS-COMP/OP AGG $ 2,000,000 JECT OTHER: $ B AUTOMOBILE LIABILITY X BAP 925878915 04/01/2022 04/01/2023 COMBINED SINGLE LIMIT $ 5,000,000 (Ea accident) X ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS ONLY _ AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ B WORKERS COMPENSATION WC 925879015(MA,PR,WI) 04/01/2022 04/01/2023 X STATUTE OTH - ER D AND EMPLOYERS'LIABILITY Y/N WC 925878815(AOS) 04/01/2022 04/01/2023 2,000,000 OFFICER/MEMBEREXCLUDED?TNER/E?ECUTIVE N N/A E.L.EACH ACCIDENT $ B ME(Mandatory In NH) EWS 5965995 14(XS OH-$500k SIR) 04/01/2022 04/01/2023 E.L.DISEASE-EA EMPLOYEE $ 2,000,000 D If yes,describe under WC 7121392 00(TX) 04/01/2022 04/01/2023 E.L.DISEASE-POLICY LIMIT $ 2,000,000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Agreement#18-7403 Collier County Board of County Commissioners is/are named as additional insured(except workers compensation)where required by written contract to the extent of losses caused solely and directly by Weatherproofing Technologies,Inc.employees during the course of authorized general contracting activities. The Ongoing and Complete Operations are included in the General Liability policy.(See next page) CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE WeGV - ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102302710 LOC#: Cleveland ACCW O ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Weatherproofing Technologies,Inc. 3735 Green Rd. POLICY NUMBER Beachwood,OH 44122 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 The First Continental Service Co.placement is a direct placement.Marsh Management Services(Vermont)manages the captive insurer indicated here. Marsh USA Inc.has only acted in the role of a consultant to the client with respect to this placement,which is indicated here for your convenience. The General Liability policy includes Contractual Liability per policy form. The insurance afforded under the General Liability policy for the Additional Insured(s)is Primary insurance and any other insurance maintained by or available to the Additional Insured(s)is Non-Contributory. Per coverage form,Auto coverage will apply on a Primary and Non-Contributory basis where required by written contract. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD 0 Blanket Notification to Others of Cancellation ZURICH or Non-Renewal Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'I.Prem Return Prem. BAP9258789-15 04-01-22 04-01-23 04-01-22 25133-000 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non-renew this Coverage Part by written notice to the first Named Insured. we will mail or deliver notification that such Coverage Part has been cancelled or non-renewed to each person or organization shown in a list provided to us by the first Named Insured if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to the first Named Insured. Such list: 1. Must be provided to us prior to cancellation or non-renewal; 2. Must contain the names and addresses of only the persons or organizations requiring notification that such Coverage Part has been cancelled or non-renewed; and 3. Must be in an electronic format that is acceptable to us. B. Our notification as described in Paragraph A. of this endorsement will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to the first Named Insured. We will mail or deliver such notification to each person or organization shown in the list: 1. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or 2. At least 30 days prior to the effective date of: a. Cancellation, if cancelled for any reason other than nonpayment of premium: or b. Non-renewal, but not including conditional notice of renewal. C. Our mailing or delivery of notification described in Paragraphs A. and B. of this endorsement is intended as a courtesy only. Our failure to provide such mailing or delivery will not: 1. Extend the Coverage Part cancellation or non-renewal date; 2. Negate the cancellation or non-renewal; or 3. Provide any additional insurance that would not have been provided in the absence of this endorsement. D. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs A. and B. of this endorsement. All other terms and conditions of this policy remain unchanged. U-CA-832-A CW(01/13) Confidential\Non Personal Data Page 1 of 1 Includes copyrighted material of Insurance Services Office.Inc.,with its permission. Policy#: l-GLRPM-01/2022 Effective: April 1. 2022 ISO CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided as follows: SCHEDULE Name of Person or Organization: Any person(s)or organization(s) as required by written contract or agreement and as evidenced on a certificate of insurance issued to such person(s)or organization(s) on file with First Continental Services Co. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A.Section II-Who Is An Insured is amended to B.With respect to the insurance afforded to include as an additional insured the person(s)or these additional insureds, the following organization(s) shown in the Schedule,but only additional exclusions apply: with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" This insurance does not apply to "bodily caused,in whole or in part,by: injury" or "property damage" occurring after: 1. Your acts or omissions;or 1. All work, including materials,parts or equipment furnished in connection with such 2.The acts or omissions of those acting on your work,on the project (other than service, behalf; maintenance or repairs) to be performed by or on behalf of the additional insured(s)at the In the performance of your ongoing operations for location of the covered operations has been the additional insured(s)at the location(s) completed; or designated above. 2.That portion of"your work" out of which the However: injury or damage arises has been put to its 1.The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a principal as a part of the same project 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. C. With respect to the insurance afforded to these additional insureds, the following is added to Section III—Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1.required by the contract of agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. Policy#: 1-GLRPM-01/2022 Effective: April 1,2022 ISO CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED- OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided as follows: SCHEDULE Name of Person or Organization: Any person(s)or organization(s) as required by written contract or agreement and as evidenced on a certificate of insurance issued to such person(s)or organization(s) on file with First Continental Services Co. (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) A. Section II-Who Is An Insured is amended to include as an additional insured the person(s)or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or"personal and advertising injury" caused, in whole or in part, by "your work" at the location designated and described in the schedule of this endorsement performed for that additional insured and included in the "products-completed operations hazard". However: 1.The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill - Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. POLICY NUMBER: (I-GLRI'r1M1-01/2022) COMMERCIAL GENERAL LIABILITY ENDT. THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. GENERAL AMENDATORY ENDORSEMENT NOTICE OF CHANGE OR CANCELLATION EFFECTIVE DATE: April 1, 2022 This endorsement modifies insurance provided as follows: SCHEDULE Name of Person or Organization: Any person(s) or organization(s) as required by written contract or agreement and as evidenced on a certificate of insurance issued to such person(s)or organization(s)on file with First Continental Services Co. Where required by written contract or written agreement, we will provide to any person or organization shown in the schedule not less than thirty (30) days advance written notice of any change in or cancellation of coverage under this policy. All other terms and conditions remain unchanged. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. 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 04-01-22 Policy No. WC9258788-15 Endorsement No. Insured: RPM INTERNATIONAL INC. Premium $ Insurance Company: American Zurich Insurance Company WC 99 06 43 Page 1 of 1 ConfidentilEdNon asonaf�altades copyright material of the National Council on Compensation Insurance, Inc.used with its permission. J 2012 Copyright National Council on Compensation Insurance,Inc.All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. 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 04-01-22 Policy No. WC7121392-00 Endorsement No. Insured: RPM INTERNATIONAL INC. Premium $ Insurance Company: American Zurich Insurance Company WC 99 06 43 Page 1 of 1 Confidenti(EdNon falsonalaaltades copyright material of the National Council on Compensation Insurance, Inc.used with its permission. J 2012 Copyright National Council on Compensation Insurance.Inc.All Rights Reserved. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 43 BLANKET NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement adds the following to Part Six of the policy. PART SIX CONDITIONS Blanket Notification to Others of Cancellation or Nonrenewal 1. If we cancel or non-renew this policy by written notice to you, we will mail or deliver notification that such policy has been cancelled or non-renewed to each person or organization shown in a list provided to us by you if you are required by written contract or written agreement to provide such notification. However, such notification will not be mailed or delivered if a conditional notice of renewal has been sent to you. Such list: a. Must be provided to us prior to cancellation or non-renewal; b. Must contain the names and addresses of only the persons or organizations requiring notification that such policy has been cancelled or non-renewed; and c. Must be in an electronic format that is acceptable to us. 2. Our notification as described in Paragraph 1. above will be based on the most recent list in our records as of the date the notice of cancellation or non-renewal is mailed or delivered to you. We will mail or deliver such notification to each person or organization shown in the list: a. Within seven days of the effective date of the notice of cancellation, if we cancel for non-payment of premium; or b. At least 30 days prior to the effective date of: (1) Cancellation, if cancelled for any reason other than nonpayment of premium; or (2) Non-renewal, but not including conditional notice of renewal. 3. Our mailing or delivery of notification described in Paragraphs 1. and 2. above is intended as a courtesy only. Our failure to provide such mailing or delivery will not: a. Extend the policy cancellation or non-renewal date; b. Negate the cancellation or non-renewal; or c. Provide any additional insurance that would not have been provided in the absence of this endorsement. 4. We are not responsible for the accuracy, integrity, timeliness and validity of information contained in the list provided to us as described in Paragraphs 1. and 2. above. All other terms and conditions of this policy remain unchanged. 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 04-01-22 Policy No. WC9258790-15 Endorsement No. Insured: RPM INTERNATIONAL INC. Premium $ Insurance Company: Zurich American Insurance Company WC990643 Pagel of Confidenti(EdNon aonal des copyright material of the National Council on Compensation Insurance. Inc.used with its permission. ©2012 Copyright National Council on Compensation Insurance,Inc.All Rights Reserved. ACORIJ CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 02/27/2023 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 Marsh USA Inc. NAME:PHONE FAX 200 Public Square,Suite 3760 INC.No.EXt): (NC,No): Cleveland,OH 44114-1824 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# CN102302710--AEE&O-22-23 WEATH 033124 _INSURER A:First Continental Services Co. _ INSURED Weatherproofing Technologies,Inc. INSURER e 3735 Green Rd. INSURER C: _ Beachwood,OH 44122 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: CLE-007008606-03 REVISION NUMBER: 2 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 LTR INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES(Ea occurrence) $ MED EXP(Any one person) $ PERSONAL&ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ PRO- POLICY JECT LOC PRODUCTS-COMP/OP AGG $ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ (Ea accident) ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident $ AUTOS ONLY AUTOS ) HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED RETENTION$ $ WORKERS COMPENSATION PER OTH- AND EMPLOYERS'LIABILITY Y/N STATUTE ER ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ OFFICER/MEMBEREXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Architects&Engineers 1-EO-TC-2022 04/01/2022 04/01/2023 Each Claim 1,000,000 Professional Liability Aggregate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) RE:Agreement#18-7403 Evidence of Insurance. CERTIFICATE HOLDER CANCELLATION Collier County Board of SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 3295 Tamiami Trail ACCORDANCE WITH THE POLICY PROVISIONS. Naples,FL 34112 AUTHORIZED REPRESENTATIVE ©1988-2016 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: CN102302710 LOC#: Cleveland '`��E® ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMED INSURED Marsh USA Inc. Weatherproofing Technologies,Inc. 3735 Green Rd. POLICY NUMBER Beachwood,OH 44122 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 The First Continental Service Co.placement is a direct placement.Marsh Management Services(Vermont)manages the captive insurer indicated here. Marsh USA Inc.has only acted in the role of a consultant to the client with respect to this placement,which is indicated here for your convenience. ACORD 101 (2008/01) ©2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD