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Item D05C oun t y of Monr ELj » °o � i� G�, � BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 The Florida Ke s lv ', y f i I w; \ Mayor Pro Tern Sylvia J. Murphy, District 5 ; ,= _ :' j Danny L. Kolhage, District 1 George Neugent, District 2 Heather Carruthers, District 3 County Commission Meeting December 13, 2017 Agenda Item Number: D.5 Agenda Item Summary #3649 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292 -4429 NA AGENDA ITEM WORDING: Ratification of an emergency contract with All Keys Cleaning and Restoration, Inc. for mold and mildew remediation services in the Key West Carpenters Shop and the West Martello Meeting Room. ITEM BACKGROUND: Through the County's emergency procurement procedures, County Project Management requested proposals for mold and mildew remediation services for work in two (2) County buildings, the Key West carpenter shop and the West Martello meeting room, that suffered water intrusion and damages caused by Hurricane Irma. All Keys Cleaning and Restoration, Inc. provided the most cost effective and responsive proposal to perform these emergency remediation services. The County entered into the contract in order to eliminate or lessen immediate threats to life, public health and safety, and eliminate or lessen immediate threats of additional damage to County property through emergency measures. PREVIOUS RELEVANT BOCC ACTION: On September 5, 2017, the Mayor issued a declaration of a state of emergency in the County relating to Hurricane Irma. CONTRACT /AGREEMENT CHANGES: Emergency Procurment STAFF RECOMMENDATION: Ratification of the contract. DOCUMENTATION: Bid Tab Sheet Key West buildings mold and mildew remediation All Keys Cleaning and Restoration Proposal All Keys Cleaning and Restoration backup license information All Keys Cleaning and Restoration Contract Key West Mold Mildew Remediation FINANCIAL IMPACT: Effective Date: 12 -13 -17 Expiration Date: 12 -12 -18 Total Dollar Value of Contract: $15,327.28 Total Cost to County: $15,327.28 Current Year Portion: $15,327.28 Budgeted: Yes Source of Funds: 125 0459110 IRMONRBI CPI: No Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: None Revenue Producing: No Grant: County Match: No Insurance Required: Yes Additional Details: If yes, amount: Yes fund 125 0459110 IRMONRB 1 12/13/17 125 -01019 • DISASTER RCVRY CDBG $15,327.28 REVIEWED BY: Ann Mytnik Completed 11/28/2017 4:16 PM Kevin Wilson Completed 11/28/2017 4:19 PM Cary Knight Completed 11/28/2017 4:20 PM Chris Ambrosio Completed 11/28/2017 4:35 PM Budget and Finance Completed 11/28/2017 4:55 PM Maria Slavik Completed 11/28/2017 5:10 PM Kathy Peters Completed 11/28/2017 5:35 PM Board of County Commissioners Pending 12/13/2017 9:00 AM ( 1)) CG u l lAG ] u it ipawai mapllw pue plow sBuiplinq Ise A jam .L pie ojua 4oejj W Z Z m LL Z W 0 m Z W H a W D Z H a U a N r H� W W L 0 w a J a O O Z W a z W IL 0 C O O O O: V f _V O 3 u � i W J H H a D H 0 J LL Z 0 U W 0 ce Z x H Z Z) Q 1 �Ln 00N , ' 0)M N 00 MLn I� Ln l0 l0 Z m z z m 0) C Z C C p _ m Z U O cn a LU Y is �' � _ O � Q CA) s } } H 'c rn a U � N 'U s o) U O_ � y N p� N � N +' s a > 4-- O a a o) � s CA) +- H � N > 'CA) L c o) a o) s 3 .. - > ° c rn� o CA) C y U � O y w Y in U y o s o N v y 4- U L 4- ° U + L N Q 6 U V 'o N 14 a -° O T CL °) } a s y 0 CA) 14 a s � 4- U 4- U 4- > y j s O L a +- V a o) >- a obi +o +}- ` o ° O U LL H p -O O U L N a ;o ors m�H�n m O N L Q a y J m - 0 N N O_ 00 (Fort - 7 q 1 -7 Martello Remediation — numbers) Key YVest Carpenter Shop Remediation k1w k (Key West Carpenter Shop Remediation- words) _� �°� _ S (Key est Carpenter Shop Remediation— numbers) I acknowledge receipt of Addenda No.(s) No. Dated L ! ! 1! 1 I No. Dated No. Dated No. Dated In addition, Proposer states that he has included a certified copy of Contractor's License, Monroe County Occupational License and Certificate of Liability showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives, as follows: Mailing Address: Phone Number: Date: vK d��� �rnr/ uaF ' s PROPOSAL TO: Monroe County Project Management 1100 Simonton St. 2 -216 Key West FL 33040 PROPOSAL FROM: 2 �cw ��_)e The undersigned, having carefully examined the Scope of Work, and other Contract Documents including Addenda issued for: MOLD AND MILDEW REMEDIATION SERVICES FOR TWO MONROE COUNTY BUILDINGS IN KEY WEST and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work and work incidental hereto, in a workman -like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he has personally inspected the actual location of where the Work is to be performed, together with the local sources of supply and that he understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. The undersigned agrees to commence performance of this Project within Seven (7) calendar days after the date of issuance to the undersigned by Owner. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish completion of each subsequent Phase I task order within Ten (10) calendar days. The undersigned shall accomplish completion of each subsequent Phase II task order within Ten (10) calendar days following substantial completion by the remediation contractor. The undersigned shall accomplish Final Completion of the Project within Ten (10) calendar days. The Price Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Proposal prices are as follows: W ' Z_e"' I/t,[1d o 'J V\ 4 Dollars (Fort West Martello Remediation - words) 11/17/2017 DBPR - SWEENEY, MARK DANIFL., Doing Business As: ALL KEYS CLEANING AND RESTORATION, INC_, Certified Building CE 2:51.51 PM 11/1712017 L icer. se Details Licensee Information Name: SWEENEY, MARK DANIEL (Primary Name) ALL KEYS CLEANING AND RESTORATION, INC. (DBA Name) Main Address: P ® BOX 500572 MARATHON Florida 33050 County: MONROE License Mailing: LicenseLocation: 910 W 105TH ST MARATHON FL 33050 County: MONROE License Information License Type: /tank: License Number: Status: Licensure Date: Expires: Certified Building Contractor Cert Building CBC1258973 Current,Active 05/14/2012 08/31/2018 Special Qualifications Qualification Effective Construction Business 05114/2012 Alternate Names View Related License Information View Li cense Cam laint 2601 Blair Stave _Road, .. Tallahassee FL 37393 :; Email: CL. S omer Contact Center :: Customer Contact Center: 850.487.1. 95 Tlie Slate of Florida is an AA /1=E0 empleyer. Copyr 2g07 -2010 State of Florida Priva statement Under Florida law, ?mail addresses are public records. If you do n,nt vvart your email address released in respronse to a p �blic recp!'ds e0ue5t, do not send electronic mail to this entity. instead, cojttact the o`flce by phone or by traditionaf mail. It you have any questions, please contact 8.50 487,1395. 'Pursuant to Section 455.2750 1, Fi0, KJa Statutas, effective October 1, ZMl2, licensees licensed i:rder Chapter 45s, ^5. must provide >_hr_ Department with do emaO address 1` they have one, fhe etnaiis ?rovided rY,nv hi: used to,i official comirunication with the licensee. HGavever email addresses are public record. if you do not wish 110 suPpiY a personal address, please provide the Department with an email address which car: be +node avai €able to Nhe public. please <_ee our Chapter 455 Page to determine if you are affected by this mange. https: Nwww. myf ]oridalicense,com /LicenseDetaii .asp ?SID = rid= 8CF5G45DDE12C1FD924QB858B17A1ED6 11/1712017 DBPR - SWEENEY, MARK DANIEL, Mold Rernecliator 2:51'22 PM 11/1712017 Licensee Details Licensee Information Name: SWEENEY, MARK DANIEL (Primary name) Main Address: P 0 BOX 500572 MARATHON Florida 33050 County: MONROE License Mailing: LicenseLocation: License Information License Type: Rank: License Number: Status: Licensure Date: Expires: Special Qualifications Alternate Names Mold Rernediator Mold Reath MRSR528 Current,Active 02/17/2011 07/31/2018 Qualification Effective `view Related License Ira €ormatl an View License o plaint 260 Blair Stone Road T ailahassee FL 32399 :: Email: east -mer gGWOct Center :: Customer Contact Center: QSOAV.1395 Ttre State of Ficrida is ar. AA /EEO employer. go re I•td 2 (37 -2 F1t3 Mate o4 i= 7 ®ria3a. Privacy Statement Linder Flcridd law, email addresses are publlC recordJS If you do not went your email address !cieased In response to a public- records request, do not send electrcniC mail Io this entity. Instead, contact the office by phone a, by trdditiencl mall. if you have any questions, pleaso contact 850.487.1395, "Pursuan. L Section 455.275(1), Florida St €utes, eFrective October 1, 2012, licensees Elcensed under Chapter 455, F.S. mast provide the DepaF iintnt t ith an e ail 1ddi-2ss if they have nne. Tile in�ails provided m<:y ce used for offi4idl cammu €tic:ation VIIUh *he €icensee. However email addresses are public record. if you c i o rot wish to supply a pc-r song€ address, please provide the Department oth an Gmail address uk'Nch can he made available to the pub. =c. please see cur �sztater - 455 page to determine ii YOU arc,- affected by tnis change, hops:11www_myFloridalicense. com/LicenseDetail_asp ?SID = Bid =27B I BCFA FS86 D.�.d Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the ?— 4 Day of UP � 2017 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 And the Contractor: All Keys Restoration and Cleaning P.O. Box 500572 Marathon, FL 33050 For the following Project: Key West Buildin s Mold and Mildew Remediation Scope of the Work The Scope of Work shall include, but not be limited to, all work shown and fisted in the Emergency Procurement Request for the total Mold Mildew Remediation at the West Martello Fort and Key West Carpenters shop addressed below. The Contractor is required to provide a complete job as contemplated by the emergency procurement, which is a part of this contract. The Contractor shall furnish all labor, supervision, materials, power, tools, equipment, supplies, permits and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherw specifically stated. Key West Carpenter Shop 3583 Stickney Ln. Key West, FL 33040 Fort West Martello 1100 Atlantic Blvd. Key West, FL 33040 Phase I Contractor will be required to utilize engineering controls that will include the use of HEPA filtered negative air machines and specialized work practices, including containment of the work and use of reduced pressure within the containment during removal activities. The scope of work will include: All Area — Removal of all drywall wallboard from ceilings and walls, inciuding removai and disposal of wood paneling with visible moisture, mold and mildew damage. Racket Pg. 1036 o.s.d Key Vilest Buildings Mold and Mildew Remediation The proposal will include the following: Removal of all sheetrock as indicated herein and above. Removal of wood paneling and base. Removal of wall and ceiling insulation, if applicable. Removal and disposal of wood furring strips that are heavily impacted with assumed mold growth. Removal and cleaning of surfaces mounted light fixtures. Fixtures to be left on site. Cleaning and vacuuming of exposed wall and ceiling cavities, including exterior walls. Application of an anti - microbial coating to cleaned surfaces. Then floors will be HEPA vacuumed and wet wiped upon completion. AC Cleanup including but not limited to, removal and disposal of soiled AC filters, cleaning of pan, coils, handlers, and ductwork removal of damaged insulation. Cleaning will be conducted after the designated materials have been removed from the work area. Surfaces within the work area and adjacent to the location of removed materials will be cleaned to remove loose dust and debris. The cleaning will be performed using damp cloths wetted with a cleaning solution (detergent, Foster 40 -80, or equivalent) and vacuum cleaners equipped with HEPA filters. Exposed stud, tracks, conduit, piping, concrete block, etc. will be vacuumed using a HEPA filtered vacuum cleaner, then wet - wiped. HEPA filtration unit will be placed in an air scrubbing mode, recycling exhaust into the work area to clean and filter the air within the contained work space. After the cleaning, finished surfaces will be sealed and protected. An anti- microbial primer paint will be applied to exposed cavity surfaces. The area will remain in air scrubbing mode for a minimum of 24 hours. Phase II — (post remediation air quality testing and re- entry) Contractor's completion of work must include notification for retesting and verification by the Air Quality tester contract by Monroe County for visual inspection and clearance testing. Positive results will require additional remediation as calf for by air quality testers recommendation for reentry and additional remediation. Contractor will assume normal daytime working hours, code compliant debris handling and haul away from job site. Electrical power and water will be available and contractor may have to provide necessary engineered controls to prevent contamination into adjacent public /private spaces. Summary of General Requirements • Fumish all labor, tools, material, equipment, safety equipment, transportation services, laboratories, and all incidentals necessary to perform and complete said Work. • Construction work times shall be limited to: 8:00 AM to 5:00 PM Monday - Friday. Unless otherwise requested or required by Director of Project Management, • County buildings must remain open at all times. Work done by contractor must not impede the normal operations of the County buildings and employees which may Agreement Page 2 of 18 Racket Pg. 1037 D.�.d Key West Buildings Mold and Mildew Remediation be adjacent to the work. Schedule and coordinate construction activities accordingly to prevent any interruption of normal staff and building operations. ■ Contractor shall maintain the following Insurance Requirements for the life of the contract: Workers Comp Employers Liability $500,0001$500,0001$500,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits /Bodily Injury by Disease each employee General Liability $500,000 Combined Single Limit Vehicle $200,000 per Person: $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit The Monroe County Board of County Commissioners shall be named as Additional Insured on General Liability and Vehicle policies. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Solicitation and Proposal/Quote documents, Addenda issued prior to execution of this Agreement, together with the response to solicitation and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 8. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: NIA. ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the Owner. Agreement Page 3 of 18 Racket Pg. 1038 Key Vilest Buildings Mold and Mildew Remediation The Contractor shall commence performance of this Project within Seven (7) calendar days after the date of issuance to the undersigned by Owner. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish completion of each subsequent Phase I task order within Ten (10) calendar days. The undersigned shall accomplish completion of each subsequent Phase 11 task order within Ten (10) calendar days following substantial completion by the remediation contractor. The undersigned shall accomplish Final Completion of the Project within Ten (10) calendar days thereafter. The time or times stipulated in the contract for completion of the work of the contract or of specified phases of the contract shall be the calendar date or dates listed in the milestone schedule. Liquidated damages will be based on the Substantial Completion Date for all work, modified by all approved extensions in time as set forth by the Director of Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. The Contractor's recoveryof damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Fifteen Thousand Three Hundred Twenty Seven and 281100 Dollars ($15,327.28), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None. ARTICLE 5 Payments 5.1 Contractor will be paid a lump sum by invoiced amount upon the acceptance by County of completion of the work as agreed by Contractor and County. ARTICLE 6 Miscellaneous Provisions 6.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. Agreement Page 4 of 18 Racket Pg. 1039 FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.001Day $100.001Day $250.001Day $50,000.00- 99,999.00 100.00IDay 200,001Day 750.001Day $100,000.00 - 499,999.40 200.00 /Day 500,001Day 2,000.00/Day $504,000.00 and Up 500.00 /Day 1,000.001Day 3,500.00/Day The Contractor's recoveryof damages and sole remedy for any delay caused by the Owner shall be an extension of time on the Contract. ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of Fifteen Thousand Three Hundred Twenty Seven and 281100 Dollars ($15,327.28), subject to additions and deductions as provided in the Contract Documents. 4.2 The Contract Sum is based upon the following alternates, if any, which are described in the Contract Documents and are hereby accepted by the Owner: None. ARTICLE 5 Payments 5.1 Contractor will be paid a lump sum by invoiced amount upon the acceptance by County of completion of the work as agreed by Contractor and County. ARTICLE 6 Miscellaneous Provisions 6.1 Where reference is made in this Agreement to a provision of the General Conditions or another Contract Document, the reference refers to that provision as amended or supplemented by other provisions of the Contract Documents. Agreement Page 4 of 18 Racket Pg. 1039 Key Nest Buildings Mold and Mildew Remediation 6.2 Payment shall be made according to the Florida Local Govemment Prompt Payment Act and Monroe County Code. 6.3 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 proposal on a contract with a pubiic entity for the construction or repair of a public building or public work, may not submit proposals on leases of real property to public entity, may not be awarded or perform work as 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, for CATEGORY TWO for a period of thirty -six (36) months from the date of being placed on the convicted vendor list. 6.4 The following items are included in this contract: a) Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.0 3, Morida Statutes, running from the date the monies were paid to Contractor. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement for 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 prevision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Agreement Page 5 of 18 Racket Pg. 1040 Key West Buildings Mold and Mildew Remediation d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non - prevailing party, and shall include attorney's fees and courts costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. h) Adjudication of Disputes or Disagreements. County and Contractor agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not resolved to the satisfaction of the parties, then any party small have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. i) 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 Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. k) Covenant of No Interest. County and Contractor covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. I) 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. Agreement Page 6 of 18 Racket Pg. 1041 Key West Buildings Mold and Mildew Remediation m) No Solicitation /Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 419, 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, fetters 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: (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. (2) 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 Agreement Page 7 of 18 Racket Pg. 1042 Key West Buildings Mold and Mildew Remediation 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 e@MONROECOUNTY- FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the Contractor 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. p7 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 Agreement Page 8 of 18 Packet Pg. 1043 Key West Buildings Mold and Mildew Remediation duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. q) 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 unposed 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 shah 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. r) Non - Reliance by Non- Parties. No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third - party claim or entitlement to or benefit of any service or program contemplated hereunder, and the County and the Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. s) Attestations. Contractor agrees to execute such documents as the County may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement. t) 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. u) 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. v) Hold Harmless and Indemnification. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act ❑romission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Agreement Rage 9 of 18 Racket Pg. 1044 Key West Buildings Mold and Mildew Remediation Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negiigent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project {to include the work of others} is delayed or suspended as a result of the Contractor s failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from ail 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 Contractor is for the indemnification provided for the above. w) Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. y ) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with his subcontractors shall include the COUNTY as additional insured. 6,5 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, or by courier with proof of delivery . Notice shall be sent to the following persons For Contractor: All Kevs Cleanina and Restoration Mark Sweeney PO Box 50572 Marathon, FL 33050 (305)731 -9211 For Owner: Director of Project Management 1100 Simonton St., Room 2 -216 Kev West. FL 33040 Assistant County Administrator. PW R E 1100 Simonton St Key West, Ft_ 33040 Agreement Page 10 of 18 Racket Pg. 1045 Key West Buildings Mold and Mildew Remediation ARTICLE 7 Enumeration of Contract Documents 7.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: None. 7.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 7.1.2 The General Conditions: None. 7.1.3 The Supplementary Conditions of the Contract are the FEDERAL REQUIRED CONTRACT PROVISIONS provided below. 7.1.4 The Addenda, if any, are as follows: None. FEDERAL REQUIRED CONTRACT PROVISIONS The CONTRACTOR and its subcontractors must follow the provisions set forth in 2 C.F.R. §200.326 and 2 C. F. R. Part 200, App. II to Part 200, as amended, including but not limited to: 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 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 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion;, Agreement Page Ii of 18 Racket Pg. 1046 Key West Buildings Mold and Mildew Remed iation national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11 y Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 333 ), as amended by Executive Order 11375, Amending Executive Order 99245 Relating to Equal Employment Opportunity, and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 2001, Appendix II, ¶ C, agrees as follows: 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 foilowing: 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. 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. 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. 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. 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. The CONTRACTOR will furnish all information and reports required by Executive Order 11246 of September 24, 1955, 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. 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, Agreement Page 12 of 18 Racket Pg. 1047 Key West Buildings Mold and Mildew Remediation 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. 11) Clean Air Act and the Federal Water Pollution Control Act Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401- 7671q) 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). III) 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 less 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 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. 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. i) 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. ii) Breach. A breach of the contract clauses above may be grounds for termination of the contract, and for debarment as a contractorand subcontractor as provided in 29 C.F.R. § 5.12. Agreement Page 13 of 18 Racket Pg. 1048 Key West Buildings Mold and Mildew Remediation IV) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701_- 37081 Where applicable, all contracts awarded by the COUNTY in excess of $100,444 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 tirnes the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 44 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. V) 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 Matte by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. VI) Clean Air Act 42 U.S.C. 7401-7671 Water Pollution Control Act 33 U.S.C. 1251-1387), 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 Federal awarding agency and the Regional Office of the Environmental Protection Agency (EPA). VII] 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 government wide 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. VIII) 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 Agreement Page 14 of 18 Racket Pg. 1049 Key West Buildings Mold and Mildew Remediation connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. IX) 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 5002 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 $90,040 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuri ng 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. (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, along with the list of EPA - designate items, is available at EPA's Comprehensive Procurement Guidelines web site, https: / /www.epa.gov /smm /comprehensive- procurement- g u ide I ine- cpg -prog ram. X) Americans with Disabilities Act of 1990 (ADA). The CONTRACTOR will comply with all the requirements as imposed by the ADA, the reguiations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. XI) 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 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. 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 aired by the subcontractor during the Contract term. Agreement Page 15 of 18 Racket Pg. 1050 Key West Buildings Mold and Mildew Remediation X11) Fraud and False or Fraudulent 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. XIII) Access to Records The following access to records requirements apply to this contract: (1) The contractor agrees to provide MONROE COUNTY, the FEMA Administrator, the Comptroller General of the United States, or any of their authorized representatives 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. XIV) Federal Government not apaEty apart to contract. CONTRACTOR acknowledges that 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. XV) Department of Homeland Security (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. XVI) Compliance with Federal Law, Regulations, and Executive Order This is an acknowledgement that FEMA financial assistance will be used to fund the contract only. The contractor will comply will all applicable federal law, regulations, executive orders, FEMA policies, procedures, and directives. XVII) Termination provisions The termination provisions (A -D) below replace and amend any termination provisions in the underlying agreement, if any. 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 (5) 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 this agreement with the CONTRACTOR, COUNTY Agreement Page 16 of 18 Racket Pg. 1051 Ivey West Buildings Mold and Mildew Remed iation 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 seven (7) days' notice to CONTRACTOR. 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 .4n'additiorf,' 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 C[aims Ordinance, located at Art. IX, Section 2 -721 et al. of the Monroe County Code. [REMAINDER OF PAGE LEFT BLANK] Agreement Page 17 of 18 Racket Pg. 1052 Key West Buildings Mold and Mildew Remediation This Agreement is entered into as of the day and year first written above and is executed in at least two (2) original copies of which one (1) is to be delivered to the Contractor. Execution by the Contractor must he by a person with authority to hind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) Attest: KEVIN MADOK, Cleric B Y: Deputy Clerk Date: (Seal) Contractor Witness Attest: Title: r Date: l � MONROE COUNTY I Date. r' � C ©NT CTOR ALL K Y5 RESTORATION & CLEjING Own r a thorized Representative to hind he Contractor, Title: b J ►� Date: . 1- End of Agreement Data MONROr= COUNTY ATTORNEY APPROVED AS TO FORM CHRIS AMBRO810 ASSISTANT COUNTY ATTORNEY 1 Agreement Page is of 18 Racket Pg. 1053