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12/13/2017 Agreementl V z co R�l � Kevin Madok CPA Clerk of the Circuit Court & Comptroller — Monroe Count p Y, Florida DATE: December 15, 2017 TO: Ray Sanders, Project Manager Project Management VIA: Tammy Sweeting Executive Assistant FROM: Pamela G. Hancock, D.C. SUBJECT: December 13th BOCC Meeting Attached is an electronic copy of Item D4, ratification of an emergency Contract with Inspect Key West, Inc. for air quality testing and reporting services for Monroe County buildings impacted by water intrusion damage from Hurricane Irma, for your handling. Should you have any questions, please feel free to contact me at extension 3550. cc: County Attorney Finance File KEY WEST 500 Whitehead Street Key West, Florida 33040 305 - 294 -4641 MARATHON 3117 Overseas Highway Marathon, Florida 33050 305 - 289 -6027 PLANTATION KEY 88820 Overseas Highway Plantation Key, Florida 33070 305- 852 -7145 PK/ROTH BUILDING 50 High Point Road Plantation Key, Florida 33070 305 -852 -7145 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT CONSULTANT AGREEMENT FOR PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES This Agreement made and entered into this 13th day of November, 2017, by and between Monroe County, a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ( "BOCC "), and Inspect Key West Inc. whose address is 2404 Staples Avenue, Key West, FL 33040, its successors and assigns, hereinafter referred to as "CONSULTANT" or "CONTRACTOR" ( "Agreement "), WITNESSETH: WHEREAS, COUNTY desires - to employ the professional, air quality testing and reporting services of CONSULTANT pursuant to 44 Code of Federal Regulations (CFR) §206.225, in order to eliminate or lessen immediate threats to life, public health and safety, and eliminate or lessen immediate threats of significant additional damage to improved public or private property through emergency measures for up to twenty (20) Monroe County buildings impacted by water intrusion damage from Hurricane Irma; and WHEREAS, CONSULTANT has agreed to provide professional air quality testing and reporting services for Monroe County buildings impacted by water intrusion damage from Hurricane Irma; and WHEREAS, the professional services required by this Contract will be for services in the form of a continuing contract, commencing the effective date of this agreement and ending ninety (90) days thereafter, with options for the COUNTY to renew for an additional ninety (90) day period, as needed and solely at the COUNTY's election; and WHEREAS, specific services will be performed pursuant to individual task orders issued by the COUNTY and agreed to by the CONSULTANT. Task Orders will contain specific scope of work, time schedule, charges and payment conditions, and additional terms and conditions that are applicable to such Task Orders; and WHEREAS, execution of a Task Order by the COUNTY and the CONSULTANT constitutes the COUNTY's written authorization to CONSULTANT to proceed with the services described in the Task Order; and WHEREAS, the terms and conditions of this Agreement shall apply-to each Task Order, except to the extent expressly modified. When a Task Order is to modify a provision of this Agreement, the Article of this Agreement to be modified will be specifically referenced in the Task Order and the modification shall be precisely described. NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements' stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONSULTANT agree as follows: PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT ARTICLE I 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONSULTANT makes the following express representations and warranties to the COUNTY: 1.1.1 The CONSULTANT shall maintain all necessary licenses, permits or other authorizations necessary to act as CONSULTANT for the Project until the CONSULTANT's duties hereunder have been fully satisfied. 1.1.2 The CONSULTANT has become familiar with the Project site and the local conditions under which the Work is to be completed. 1.1.3 The CONSULTANT shall prepare all documents required by this Agreement in such a manner that they shall be in conformity and comply with all applicable law, codes and regulations of all applicable codes, laws, regulations, agencies and departments at the Federal, State and local government levels. The CONSULTANT warrants that the documents prepared as a part of this Contract will be adequate and sufficient to accomplish the purposes of the Project, therefore, eliminating any additional remediation cost due to missing or incorrect elements in the contract documents. 1.1.4 The CONSULTANT assumes full responsibility to the extent allowed by law with regards to his performance and those directly under his employ. 1.1.5 The CONSULTANT's services must be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this Agreement, the CONSULTANT must abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this contract immediately upon delivery of written notice of termination to the CONSULTANT. 1.1.6 At all times and for all purposes under this agreement the CONSULTANT is an independent contractor and not an employee of the BOCC. No statement contained in this agreement shall be construed so as to find the CONSULTANT or any of his /her employees, contractors, servants, or agents to be employees of the BOCC. 1.1.7 The CONSULTANT shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 In providing all services pursuant to this agreement, the CONSULTANT shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating such services, including those now in effect and hereinafter adopted. Any violation of said 2 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the COUNTY to terminate this, agreement immediately upon delivery of written notice of termination to the CONSULTANT. ARTICLE II SCOPE OF BASIC SERVICES 2.1 SCOPE OF WORK The CONSULTANT will perform for the COUNTY services as described in individual Task Orders in accordance with the requirements outlined in this Agreement and the specific Task Order. 2.1.1 PHASE I Perform a visual inspection, evaluation and collect air samples and /or swabs from within the building and for comparison, collect an air sample to use as the control sample from the exterior of the building. Test the samples at a certified lab for a typical fungal ecology. Prepare a mold assessment and recommendation report that cites the conditions identified during the visual inspection of the building, including but not limited to, air conditioning type, relative humidity and moisture content within the different building zones, location of visible mold and the sampling methodology utilized. Include the testing results identifying spore levels along with the potential effect of the identified spore level and a recommendation for reentry or remediation. 2.1.2 PHASE II — (Only when remediation is recommended) Prepare recommended remediation guidelines to be used by the subsequent remediation contractor. The guidelines will identify the areas of remediation and the suggested type of abatement. During the final phase of remediation; coordinate with the remediation contractor and conduct a visual inspection of the remediation and perform post remediation clearance testing. Once again collect air samples from within the building and test the samples at a certified lab. Provide the clearance testing results and conclusions and recommendation for reentry or additional remediation. ARTICLE III GENERAL REQUIREMENTS 3.1 SUMMARY OF GENERAL REQUIRMENTS CONSULTANT is required to timely provide all test results and reports to the COUNTY. CONSULTANT is required to furnish all labor, tools, material, equipment, safety equipment, transportation services, laboratories and all incidentals necessary to perform and complete said Work. 3 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT Construction work times shall be limited to: 8:00 AM to 5:00 PM Monday- Friday. County buildings must remain open at all times. Work done by CONSULTANT must not impede the normal operations of the County buildings and employees. During performance of any and all scope of work the CONSULTANT must not interfere with or delay the normal operations of staff, employees and work of COUNTY departments and personnel in the buildings in which CONSULTANT is performing its services. CONSULTANT must coordinate as needed with any personnel and departments in the building to prevent interference with 'normal operations. 3.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONSULTANT shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONSULTANT or its subconsultants, or both. 3.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONSULTANT. Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the following: Mr. Kevin G. Wilson, P.E. Director of Public Works and Engineering Monroe County 102050 Overseas Hwy Key Largo, FL 33037 And: Mr. Roman Gastesi, Monroe County Administrator 1100 Simonton Street, Room 2 -205 Key West, Florida 33040 For the Consultant: Inspect Key West, Inc. Mr. Hugh Johnson, Owner 2404 Staples Avenue Key West, Florida 33040 ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide information regarding requirements for the Project including physical locations of areas impacted by known water intrusion from Hurricane Irma. 4 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONSULTANT in order to avoid unreasonable delay in the orderly and sequential progress of the CONSULTANT's services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONSULTANT if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 3.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONSULTANT'S services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONSULTANT or its subconsultants shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONSULTANT of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work, so long as the requested documents are in the possession of the County. 4.7 Information requested by the CONSULTANT that may be of assistance to the CONSULTANT and that the COUNTY has immediate access to will be provided as requested ARTICLE V - INDEMNIFICATION AND HOLD HARMLESS 5.1 Indemnification, Hold Harmless and Defense. The Consultant covenants and ,,agrees to indemnify, hold harmless and defend Monroe County, its Commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorneys' fees, costs and expenses, which arise out of, in connection with, or by reason of services provided by the Consultant or any of its Subconsultant(s) in any tier, occasioned by the negligence, recklessness, or intentionally wrongful conduct of the Consultant, or its Subconsultant(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Consultant's failure to purchase or maintain the required insurance, the Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Consultant, the Consultant agrees and warrants that Consultant shall 5 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Consultant is consideration forthe indemnification provided for above. The extent of liability, is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. 5.2 In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. 5.3 The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this - Agreement. 5.4 This indemnification shall survive the expiration or early termination of the Agreement. ARTICLE VI COMPENSATION 7.1 PAYMENT SUM 7.1.1 The Total Not to Exceed Amount of $100,000.00 applies to this Agreement. 7.1.2 The COUNTY does not guarantee CONSULTANT any specific amount of work or Task Orders under this Agreement. The parties shall enter into a separate Task Order for each project awarded to the CONSULTANT by the COUNTY. The specific services to be performed under these separate Task Orders will be determined by the COUNTY and agreed to by the CONSULTANT. Each Task Order will contain specific scope of work, time schedule, charges, payment conditions, and additional terms and conditions applicable to that specific Task Order. 7.1.3 The COUNTY shall pay the CONSULTANT in current funds for the CONSULTANT's performance of this Agreement based on quantities negotiated and agreed upon at fixed unit price rates which will be defined in each specific Task Order. 7.2 UNIT PRICE RATES 7.2.1 Phase I Testing: Including Inspection, evaluation, sampling and laboratory testing Unit price for each Phase I Test: One Hundred Twenty Dollars 0 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT (Phase I Testing - words) $120.00 (Phase I Testing — numbers) 7.2.2 Phase I Reporting: Including a mold assessment, testing results and a recommendation for reentry or remediation. Unit price for each Phase I Report: Seven Hundred Dollars (Phase 1 Reporting - words) $700.00 (Phase I Reporting — numbers) 7.2.3 Phase II Guideline Reporting: Including recommended remediation guidelines identifying the areas of remediation and the suggested type of abatement. Unit price for each Phase II Guideline Report: Three Hundred Fifty Dollars (Phase II Guideline Report - words) $350.00 (Phase II Guideline Report — numbers) 7.2.4 Phase II Post Remediation Testing: Including coordination, inspection, evaluation, sampling and laboratory testing. Unit price for each Phase II Post Remediation Test: One Hundred Twenty Dollars (Phase II Post Remediation - words) $120.00 (Phase II Post Remediation — numbers) 7.2.5 Phase II Post Remediation Reporting: Including clearance testing results and conclusions and recommendation for reentry or additional remediation. Unit price for each Phase II Post Remediation Report: Seven Hundred Dollars (Phase II Post Remediation Report - words) $700.00 (Phase II Post Remediation Report— numbers) 7.3 REIMBURSABLE EXPENSES Reimbursable expenses are for fees paid for securing approval of authorities having jurisdiction over the project. 7.4 PAYMENTS 7 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONSULTANT shall be paid monthly. Payment will be made pursuant to the Local Government Prompt Payment Act 218.70, Florida Statutes. COUNTY's performance and obligation to pay under this Agreement is contingent upon annual appropriation by the Board of County Commissioners (A) If the CONSULTANT's duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONSULTANT shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONSULTANT shall submit monthly, unless otherwise agreed in writing by the COUNTY, a proper invoice to COUNTY requesting payment for services properly rendered. The CONSULTANT's invoice shall describe with reasonable particularity the service rendered. The CONSULTANT's invoice shall be accompanied by such documentation or data in support of expenses for which payment is sought and the COUNTY may require. CONSULTANT shall submit to the COUNTY invoices with supporting documentation acceptable to the Clerk approved by an appropriate County representative to be paid. Acceptability to the Clerk is based on generally accepted accounting principles and such laws rules and regulations as may govern the Clerk's disbursal of funds. The COUNTY will not pay CONSULTANT for costs for travel, mileage, meals or lodging. ARTICLE VIII INSURANCE 8.1 The CONSULTANT shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONSULTANT'S failure to purchase or maintain the required insurance, the CONSULTANT shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) calendar days notice to the COUNTY prior to any cancellation'of said coverage. Said coverage shall be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the COUNTY. 8.3 CONSULTANT shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statute 440. PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT B. Employers Liability Insurance with limits of $100,000 per Accident, $500,000 Disease, policy limits, $100,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and /or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non -owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000 Property Damage or $300,000 combined single limit. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONSULTANT or any of its employees, agents or subcontractors or subconsultants, including Premises and /or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement $300,000 Combined Single Limit. E. Professional Liability insurance which will respond to damages resulting from any claim arising out of the performance of professional services or any error or omission of the Contractor arising out of work governed by this contract with $300,000 per occurrence and $500,000 aggregate. F. COUNTY shall be named as an additional insured with respect to CONSULTANT's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. CONSULTANT shall require its subconsultants to be adequately insured at least to the limits prescribed above, and to any increased limits of CONSULTANT if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subconsultants. H. CONSULTANT shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. If the CONSULTANT participates in a self- insurance fund, a Certificate of Insurance will be required. In addition, the CONSULTANT may be required to submit updated financial statements from the fund upon request from the COUNTY. ARTICLE IX MISCELLANEOUS 9.1 SECTION HEADINGS 4 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The Drawings, Specifications, Reports, Lab Results and other documents prepared by the CONSULTANT are instruments of the CONSULTANT's service for use solely with respect to each individual Task Order and the CONSULTANT shall be deemed the author of documents and shall retain all common law, statutory and other reserved rights, including reproducible copies, of the CONSULTANT's Drawings, Specifications, Reports, Lab Results and other documents shall not be used by the COUNTY or others on other projects except by agreement in writing and with appropriate compensation to the CONSULTANT. The COUNTY may utilize the Drawings, Specifications, Reports, Lab Results and other documents, as required for reference on any necessary future remediation or work on the site. 9.3 SUCCESSORS AND ASSIGNS The CONSULTANT shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONSULTANT, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. C. Termination for Cause and Remedies: In the event of breach of any contract terms, the COUNTY retains the right to terminate this Agreement. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates 10 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon one (1) weeks' notice to CONTRACTOR. The COUNTY may also terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the COUNTY terminates this agreement with the . CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the CONTRACTOR under this agreement prior to termination, unless the cost of completion to the COUNTY exceeds the funds remaining in the contract. The maximum amount due to CONTRACTOR shall not exceed the spending cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the COUNTY's False Claims Ordinance, located at Section 2 -721 et al. of the Monroe County Code. . 9.6 CONTRACT DOCUMENTS This contract consists of any addenda, the Form of Agreement (Articles I -IX), the CONSULTANT's response to the RFQ, the documents referred to in the Form of Agreement as a part of this Agreement, and attachments, if any, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONSULTANT will control. 9.7 PUBLIC ENTITIES CRIMES A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on contracts to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 11 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT By signing this Agreement, CONSULTANT represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONSULTANT further represents that there has been no determination, based on an audit, that it or any subconsultant has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONSULTANT will promptly notify the COUNTY if it or any subcontractor or subconsultant is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF RECORDS CONSULTANT shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONSULTANT pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONSULTANT, the CONSULTANT shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9.9 PUBLIC RECORDS COMPLIANCE Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required to: 12 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT (1) . Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract, transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or'copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 -292- 3470 BRADLEY- BRIAN(aD-MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. 9.10 GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES 13 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and CONSULTANT agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 9.11 SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term,'covenant, condition and provision,of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONSULTANT agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. 9.12 ATTORNEY'S FEES AND COSTS The COUNTY and CONSULTANT agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court costs, investigative, and out -of- pocket expenses, as an award against the non - prevailing party, and shall include attorney's fees, courts costs, investigative, and out -of- pocket expenses in appellate proceedings. 9.13 BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONSULTANT and their respective legal representatives, successors, and assigns. 9.14 AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. 9.15 CLAIMS FOR FEDERAL OR STATE AID CONSULTANT and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 14 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT 9.16 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONSULTANT agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.17 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONSULTANT agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings., and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONSULTANT specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.18 NONDISCRIMINATION /EQUAL EMPLOYMENT OPPORTUNITY CONTRACTOR and COUNTY agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88- 352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination 15 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964- 1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix ll, ¶ C, 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 by the contracting officer 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 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 M . PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT 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 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. 7) 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. 9.19 COVENANT OF NO INTEREST CONSULTANT and COUNTY covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. 9.20 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.21 NO SOLICITATION /PAYMENT The CONSULTANT and COUNTY warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONSULTANT agrees that the COUNTY shall have the right to terminate this Agreement without liability and, 17 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. 9.22 PUBLIC ACCESS. The CONSULTANT and COUNTY shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in ' its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the CONSULTANT and COUNTY in connection with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONSULTANT. 9.23 NON - WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONSULTANT and the COUNTY in this Agreement and the acquisition of any commercial liability insurance coverage, self- insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. 9.24 PRIVILEGES AND IMMUNITIES All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY, when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the COUNTY. 9.25 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non - Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. 9.26 NON - RELIANCE BY NON - PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the CONSULTANT and the COUNTY agree that neither the CONSULTANT nor the COUNTY or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 18 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT 9.27 ATTESTATIONS AND TRUTH IN NEGOTIATION CONSULTANT agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug - Free Workplace Statement. Signature of this Agreement by CONSULTANT shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.28 NO PERSONAL LIABILITY No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. 9.29 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions as set forth in 2 C.F.R. §200.326 and 2 C.F.R. Part 200, Appendix II to Part 200, as amended, including but not limited to: 9.29.1 Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 -1387) and will reports violations to FEMA and the Regional Office of the Environmental Protection Agency (EPA). 9.29.2 Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148). When required by Federal program legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144, and 3146 -3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction "). In accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, contractors must be required to pay wages not than once a week. The COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation. The decision to award a contract or subcontract must be conditioned upon the acceptance of the wage determination. The COUNTY must report all suspected or reported violations to the Federal awarding agency. The contractors must also comply with the Copeland "Anti- Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States "). As required by the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part 19 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT of the compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or reported violations to the Federal awarding agency. (a) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C..§ 3145, and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into this contract. (1) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above and such other clauses as the FEMA may by appropriate instructions require, and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime contractor shall be responsible for the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. (2) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12. 9.29.3 Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708). Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 9.29.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. 9.29.5 Clean Air Act (42 U.S.C. 7401- 7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251 - 1387), as amended — Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -7671 q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387). Violations must be reported to the 20 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT Federal awarding agency and the Regional Office of, the Environmental Protection Agency (EPA). 9.29.6 Debarment and Suspension (Executive Orders 12549 and 12689) —A contract award (see 2 CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory authority other than Executive Order 12549. 9.29.7 Byrd Anti - Lobbying Amendment (31 U.S.C. 1352)— Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 9.29.8 Procurement of recovered materials as set forth in 2 CFR § 200.322. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered' materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. 9.29.9 Americans with Disabilities Act of 1990 (ADA) – The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.29.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state 21 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 9.29.11 The Contractor shall utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by the subcontractor during the Contract term. 9.30 EXECUTION IN COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by signing any such counterpart. 9.31 DISADVANTAGED BUSINESS ENTERPRISE (DBE) POLICY AND OBLIGATION It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONSULTANT agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONSULTANT and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 22 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year first above written. (SEAL) Attest: KEVIN MADOK, Clerk By: Deputy Clerk Date: 10 ® ® ® � A i® f® ® ®` VSE - CU (S a Ate g. Co mm• 2 oa o ®Z 4 41 33 Bl� . a� do . �,, a Title: 0 & A � j 1 /i`c- MONROE COUNTY By: County dministrator Date: 1l I A - 1 - I 1q CONSULTANT INSPECT KEY , INC. By. nr Owner f or Au ri ed Representative to bind the Consults t. Title: 6-5 d' I USO(st7 11.G =f Date: "1 MONROE COUNTY ATTORNEY APPROVED AS T FORM C� CHRIS AMBROSIO ASSISTANT C UNTY ATTORNEY Date: l ` L 7 23 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a 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 public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." I have read the above and state that neither U U (Proposer's name) nor any Affiliate has been Wced on the convicted vendor list within the last thirty -six (36) months. r (Signature Date: STATE OF: / c/o t "Ce c COUNTY OF: MVnr04?_ Subscribed and sworn to (or affirmed) before me on the 17 day of ll�ove+,�lx►- 20 1� , by YROX J0656yL (name of affiant). He /She is personally knovA to me or has produced FL Drive,.- UceitsG (type of identification) as identification. My Commission Expires: TM. IX 1* -.ot 8 l� 4.- a.4- NO ARY PUBLIC � ® �0gg 6 �P 69 � ® ® Q °=\ P,R Y uj � v o ° � o ° omm a o ® ° FF A o o ° ® o o \ G o per® a Deeaaoa�aoe 0® 24 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE VG-Y��5f 5 ACC r� (Company) warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee ". (Signature) Date: STATE OF: plot -tda' COUNTY OF: M0�rnL � -� W) Subscribed and sworn to (or affirmed) before me on /\/oyemLe•- IT aol (date) by (name of affiant). He /She is personally knoA to me or has produced F'L J>rtva- L('ceHSe— as identification. (type of identification) �,,pBBl91 /6 ✓ pV S E- U C0 ' : 1j r2P 31 NO• N' 0Q Iq TE O� ° ® My commission expires: j k ' �dI 8 25 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.Q87 hereby certifies that: I (Name of B W es ess) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ., Signature Date 0 PROFESSIONAL AIR QUALITY TESTING AND REPORTING SERVICES CONTRACT NON - COLLUSION AFFIDAVIT C"L S CIY\ of the city of d accor ling law on my oath, and under penalty of perjury, depose and say that: lam of the firm of CA\ v !=�[46 the bidder making the Proposal for the proje Qualifications for: eStdleyz des described in the Request for X r `no --zrz '!� r' and that ' l executed the said p oposal with full a to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not.. knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in fl As affidavit in awarding contracts for said project. 4d C�o I 1 (Signs o Respondent) (Date) STATE OF: i.,rt i Y& COUNTY OF: 1 UNAO6 PERSONALLY APPEARED BEFORE ME, the undersigned authority, i& Vann1� who, after first being sworn by me, (name of individual signing) affixed his /her signature in the space provided above on this 1'7 day of oV'6MLW 20 ` see O NOTARY PU LIC p A °• My Commission Expires: Zol$ O U : o R`m' p1a ®w:MyGPy` 3-1 : Q� �N Q �i °•. PUS.• O a E O s�q ®,� ®a 1111 27 c A� � 4 'uUI �t��4/ a z�.f� s � : ; , f,. i� DAT E (M M/DD/YY) e Y3. -::s` . <•,. k :. ... 3: br:. ....... ¢.•...w._ . , .: PRODUCER r THIS CERTIFICATE IS ISSUED S*WZ Fft OFINVtIIAMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Allen Insurance Group 304 MLK Jr. Drive HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Fort Valley, GA 31030 COMPANI AFFORD COVERAG 1-800-474-4472 INSURED - ~ - - -- COMPANY Aspen Specialty Insurance Co. -- - COMPANY - - -. -'T- - - -- - • - - - -- Inspect Key West Inc. B __-------'------- - -__ -- COMPANY 2404 Staples Ave C -- -- Key West, FL 33040 COMPANY �.: .Y . �., xk .s: c +S::: YS:� ?,S.' "::Yf- . •; .. �.:::: . y� S f - f -.5::. ..;•T;o;• .. t... v.:: , :v' - ..�. . .}':: ..5 , .. Y'.: �^ xc:'.: , s.�,xE',S':'E. 1 .3`5£:':.7.=r• .. s ` .�. �'tt: .),': .t .}�•' pp .G Ems _ -.':f. 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 SH MAY HAVE BEEN R EDU CED BY PAID C CO TYPE OF INSURANCE LTR , POLICY NUMBER 1 POLICY EFFECTIVE POLICY EXPIRATION LIMITS DATE(MWDD/YY) DATE(MM/DD/YY) GENERAL LIABILITY 7 COMMERCIAL GENERAL LIABILITY Tr 1 .� CLAIMS MADE OCCUR :::::: I GENERAL AGGRE PR COMPlOP _AGG PERSONAL& ADV INJURY $ $ $ 1;000;004 " -' -- - --�.: 000•; -ono A OWNER'S & CONTRACTOR'S PROT -� rt � Eeers�- �iabi-li - t'y Limited Claims Reporting Perio EACH OCCURRENCE ` FIRE DAMAGE (Any one Ilro ) � - MED EXP (Any one person) $ I $ 17000';'000 — I $ AUTOMOBILE LIAR AUTOMOBILE LIABILITY f COMBINED SINGLE LIMIT I $ ANY AUTO _ $ _ ALL OWNED AUTOS SCHEDULED AUTOS I BODILY INJURY ; (Per person) I - -- - -~ - $ HIREDAUTOS NON -OWNED AUTOS BODILY INJURY + (PerBcc $ i PROPERTY DAMAGE I GARAGE LIABILITY -- ANY AUTO ; I gppRpVE® RISK P GEMENT AUTO ONLY - EA A CCIDENT O THER THAN AUTO ONLY S - £ I BY j EACH A CCIDENT $ _ _ $ _ AGGREGATE 1 EXCESS LIABILITY UMBRELLA FORM WAIVER N/ YES— j j EACH OCCURRENCE _. AGGRE GATE - _$ _. $ R OTHER THAN UMBRELLA FORM + f l i - -y I $ FFwMO1 RKERS COMPENSATION AND LO YERS' LIABILITY I ` WC STAT - OTH EL E ACC ) e =) $ THE PROPRIETOR/ INCL PARTNERS/EXECUTIVE OFFICERS ARE: EXCL EL DISEASE -POLICY LIMIT EL DISEASE - EA EMPLOYEE $ I $ OTHER A Professional Indemnity A 09 -18 -2017 ( 09 -18 -2018 $1,000,000 Each Claim Errors & Omissions) limited Claims Reporting Period $1,000,000 Aggregate DESCRIPTION OF OPERATIONSILOCATIONSIVEHICLES /SPECIAL ITEMS Building Inspections - The certificate holder is an additional insured. ..a p : • >: '.,: � .. _:- w.:..:.Y is .. T%': s.. ��';!' '�. >� . Q::e`�<?;�,.. -- .:. -..Fn ... '. +S.w .: .�'{.�..�- :.,.:..[t- :.5..•.c. 5�.�. +,:.,.:..:.t. :. ,: ., >...<..2:.: -i. � �$:3t"° ..0..�, �C�RTiI:lCATlE ,T7�I�Fr7.:e?:s�; ..p,o...S�kn ;o•• .40 :. :, ` �'< aw: a:xca::x;C�;+.Y::..mer,.S,,,,,, ..`^) �ANCEIwLA'F �� { "o�i,�: 'S 2 k �• n ...,..,vv..,..J..a,.A SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE Monroe County Board Of Commissioners EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 1100 Simonton St. 3 0 — DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, Key West, FL 33 040 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. A IfT _ EPJiESENTA7IV E O / ,� �J�(11 _ ✓✓ .,`., _ Hsr�z f :.. � x <; L �.: :� A' � < iiPOR q` �71 iA�����g � {Ui7�� y,t ` +r: 4<. --e•.rt ^ ":' \:`^ — �Y. � ♦. :c.A., .� La�(7 1/� H.,;. I GEICO GEC. CO GENF_ is INSURANCE C61O.PAWY Mu'vnglan 14 ..pidir.yNumbigir. 441139 O12 MIASP s tjAtO 047710 C S�Wi' a! FLORMA To wh6ni it tfi3� 109 In to P"'bO'v PC 11c Y Au ria6r fry t6 .aatg ig inincatoc JA the effev _ M re CM7 state, 'cuvorase dares rot are d, w4vndor atterthe-coverase affard,ed b�i the pofi�y, -vameft.Y09M. .2 01 0 Maka. 'N'X5SvA_N -�' - m6ael.: c a VIE IR A G W sadily . Liability pe rson al njuryJ Protecti Addi P.e.rsor I - — ' ' Pro, " " '' ': " qa XnjLr"ry OCtipn - . d6rmpr 4 2h0s!si ve collision Added w-ml 1pformlaucm. L' haVIi ZiV M6.n-; 5500 rie'd" S,sub -bed, lt w.11_19 A TIM 11 A_NV DWIJ C M R+ F M+1r DWYE R rA 1 14 A - M 1�w 5, tXkUYS. AMP V EM V UTM L KS M V I W, 07 AT 0 M 1: it - TL%M% OM040 To Irl rol4ey IMMOD. ills$ VERIMAI 91M c)YcO'VxFtAc9c juffl.yc 7= cW1 V: #UND Z " UUTiB LEI A X 0 WTHE L;.&W-00.4j L' 0 1 EBB D Oc cy tpwtt 614 IV AN f; 09 6 '_DATM )a N CM, mOO-W., !rl "' OAT;& j or Ting . I'A'Ca M .& U-33 20 .s3obf, , 4 / PPIK ED IMENT V � D %"Y WAI --"(Y. — MW A&Wfem Added w-ml 1pformlaucm. L' haVIi ZiV M6.n-; 5500 rie'd" S,sub -bed, lt w.11_19 A TIM 11 A_NV DWIJ C M R+ F M+1r DWYE R rA 1 14 A - M 1�w 5, tXkUYS. AMP V EM V UTM L KS M V I W, 07 AT 0 M 1: it - TL%M% OM040 To Irl rol4ey IMMOD. ills$ VERIMAI 91M c)YcO'VxFtAc9c juffl.yc 7= cW1 V: #UND Z " UUTiB LEI A X 0 WTHE L;.&W-00.4j L' 0 1 EBB D Oc cy tpwtt 614 IV AN f; 09 6 '_DATM )a N CM, mOO-W., !rl "' OAT;& j or Ting . I'A'Ca M .& U-33 20 .s3obf, , 4 / PPIK ED IMENT V � D %"Y WAI --"(Y. — Y MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements i It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract. Contractor: Inspect Key West, Inc. Contract for: Professional Air Quality Testing and Reporting Services Address of Contractor: 2404 Staples Avenue, Key West Florida 33040 Phone: (305) 923 -6174 Scope of Work: Perform a visual inspection, evaluation and collect air samples and/or swabs from within the building and a control sample from outside the building. Test the samples at a certified lab. Write a mold assessment and recommendation report. Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Risk Management Owner is collecting the samples and no pup lovees are involved. Professional Air Quality Testing and Reporting Services Contract Date I t) County Administrator appeal: Date: Approved: Not Approved: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: