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Item C20BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: July 15, 2015 Division: Public Works/Engincerin Bulk Item: Yes X No Department: Facilities Maintenance Staff Contact Person: Kevin Wilson/305 453-8797 AGENDA ITEM WORDING Approval to increase the contract amount from $45,000/year to $1 00,000/year with Master Mechanical Services, Inc. for the central air conditioning maintenance and repair for the Upper Keys Facilities. ITEM BACKGROUND: The agenda item summary and Contract summary stated that the contract shall not exceed $45,000.00/year. There have been multiple Air Conditioning Unit failures and/or emergency work at various locations i.e., Plantation Key Courtroom A ($22,696), Courtroom G. ($10,756), Key Largo Concession Stand ($3,101), Harry Harris Park ($4,320), Ellis Building ($7,450), the Roth Sheriff ($5,500) and the Roth Building Public Defender's Office ($5,600). PREVIOUS RELEVANT BOCC ACTION: On February 15, 2012, the BOCC approved award or bid and contract with for the Upper Keys A/C maintenance and repair to Master Mechanical Services, Inc. On February 20, 2013, the BOCC approved an amendment and first option to renew the contract. On February 19, 2014, the BOCC approved an amendment and second option to renew the contract. On March 18, 2015, the BOCC approved to renew the contract on a month to month basis. CONTRACT/AGREEMENT CHANGES: Increase contract amount not to exceed limit 7777 $45,000/year to $100,000/year. The renewal agreement commenced on March 15, 2015 on a month to month basis; labor costs to remain at current rates. Regular rates, mechanic, $51.61 per hour, mechanic plus helper $95.48 per hour, Overtime rate; mechanic $77.42 per hour, mechanic plus helper $143.23 per hI ur.. Increase the contract amount from $45,000/year to $100,000/year due to multiple Air Conditioning Unit failures. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $100.000 INDIRECT COSTS — BUDGETED: Yes X No Materials: Manufacturer's invoice plus 20% DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY:— Same SOURCE OF FUNDS: Ad Valorem RE VENUE PRODUCING: Yes No X AMOUNT PER MONTH Year 1, � OMB/Purchasing), ffl"isk Management APPROVE D BY: County Attye DOCUMENTATION: Included X Not Required DISPOSITION: AGENDAITEM# CONTRACT SUMMARY Contract with: Master Mechanical Contract # — Services, Inc. Effective Date: 03/15/2015 Expiration Date: Month to Month Contract Increase the contract amount from $45,000/year to Purpose/Description: $ 1 00,000/year due to multiple Air Conditioning Unit failures with Master Mechanical Services, Inc. for the central air conditioning maintenance and repair for Upper Keys facilities until a contract bid is awarded. Contract Manager: Alice Steryou 4549 Facilities Maint/Stop #1 (Name) (Ext.) (Department/Stop for BOCC meeting on 07/15/15 Agenda Deadline: 06/30/15 Budgeted? YesM No .Grant:$ N/A I County Match: $ N/A Estimated Ongoing Costs: 0 Offes"IlEfflummm not to exceed Account Codes: -20501-530-340- 20503-530-340 20505-530-340 ADDITIONAL COSTS /yr For: tnaiiiteiiance. utilities, janitorial, salaries, etc. CONTRACT REVIEW Changes Date In Needed Reviewer Pate Out Division Director 1'7 %) Yes o NoEj q Risk Management J Ej �_ ),, � Yes ❑[:] No)L) j O.M.13./Purchasing (oj�>�)�)YesE]No[ T----,T - County Attorney Yes E] No Comments: SFA.1)ND RFlei [AN 'Al. iW'RFFME1NT CENTRAL A/C REPAIR SERVICES FOR t 141["R KEYS C 11, F F I F S, "N 10 N 1t Q F 1 01 N11', 1" 1, 0 1111) A 111 �0.('() N 1) R 1.N1 WAI. AGREE1-1 I � I is made and ,,ni c! <:d into ffils -ooxcn MONROE C0( N . lY (hereinafter I omw, or ;1 politic "I -mhd1\ ision I iorida, whose addrc�� 1,, 1 too Simonton Socci. kc.% West, 1 1(11 Ida ', 10 10- x1d MASTER MECHANICAL SERVICES, INC., ("CONTRAC"FOR"), a Florida corporation, whose address is 15183 NW 33 Place, Miami, FL, 33054. WHEREAS, the parties hereto did oil I cintiory 15, 2012 enter into :iil ailicement for central A/C repair services for the Upper Keys Facilities, NlonroL- County (hereinafter "0 1 1,piii-lil Agreement"); and WHEREAS, the parties have found the Original Agreement to be Mutually beneficial and; WHEREAS, Oil February 20, 2013 the BOCC approved an Amendment and First Renewal Agreement-, and; WHEREAS, the parties have found the Agreement as amended to be Mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this Second renewal agreement, now therefore NOW THEREFORE, IN CONSIDERATION of the Mutual promises and covenants set forth below, the parties agree as follows: 1, In accordance with Paragraph 6 of tile Original Agreement, the County: a. Exercises the option to renew the Original Agreement for the second of the two (2) one- year terms.This term will commence on March 15, 2014 and terminate March 14, 2015-1 and b, The amount shall be adjusted in accordance with the percentage change in the U,S, Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous year of 1,5%, c. Item 4A under ( , iiiii act Amount, hourly Late for a mechanic shall increase frorn $50.85 to $51.61 during iwiul;d working hours of 8:00 am to 5:00 pill, Monday through Friday, excluding holidays (including travel time); hourly rate for a mechanic plus helper shall increase from $94,07 to $95.48 (including travel time); d, train 4B Linder Contract ontract Amount, the overtime labor shall increase from $76,28 to $77.42 for hours not stated above, including holidays and facilities that conduct critical business', hourly rates for a mechanic Plus helper shall increase from $14 1,11 to $143.23 (including travel firne): 2, Except as set forth in Paragraph I of this Second Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement as Amended remain in full force and effect, IN' WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first A BOARD OF ( `04,J�4 PCOMMISSIONERS VY HEAVILIN, CLERK OF NIA kNM )�) ;N'i" , FLORIDA el �'" B i�.°1 �riin. y��pr"�"1p�h��i�°t���up Witnesses for CONTRACTOR: MASTER INC. owe iRw °+ Signature By Date ° t Signature i Telephone Num er Date 2 aa- MONTH TO MONTH RENEWAL AGREEMENT CENTRAL A/C REPAIR SERVICES FOR J 1111 E R ICI VS FAC 11, H1 ES, M 0 N RO E COUNTY FI-20 RI DA -1, 11 [� Mo T[ I TO NIONTI I R 1: N F`W A R I 1, AG �1: ivl i " NT is Filade and entered into 111 i S day of 'T 466cl— 2015. between MONROE COUNTY (hereinafter "County" or "Owner"), a political subdivision c47the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and MASTER MECHANICAL SERVICES, INC., ("CONTRACTOR"), a Florida corporation, whose address is 15183 NW 33 Place, Miami, FL 33054. WHEREAS, the parties hereto did on February 15, 2012 enter into an agreement for central A/C repair services for the Upper Keys Facilities, Monroe County (hereinafter "Original Agreement"); and WI IEREAS, the parties have found the Original Agreement to be mutually beneficial and; WHEREAS, On February 20, 2013 the BOCC approved an Amendment and First Renewal Agreement; and; WHEREAS, the parties have found the Agreement as amended to be mutually beneficial and; WHEREAS, On February 19, 2014 the BOCC approved a Second Renewal Agreement; and; WHEREAS, the parties have found the Agreement as amended and renewed to be mutually beneficial and; WHEREAS, the parties find that it would be mutually beneficial to enter into this Month to Month renewal agreement; now therefore NOW THEREFORE, IN CONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: 1. In accordance with Paragraph 6 of the Original Agreement, the County: a. Exercises to renew the Original Agreement on a month to month basis until a bid contract can be awarded. This to will commence on March 15, 2015 on a Month to Month basis; and b. Item 4A under Contract Amount, hourly rate for a mechanic shall remain at $51.61 during normal working hours of 8:00 am to 5.00 pm, Monday through Friday, excluding holidays (including travel time),- hourly rate for a mechanic plus helper shall remain at $95.48 (including travel time); c. Item 4B Linder Contract Amount, the overtime labor shall remain at $77.42 for hours not stated above, including holidays and facilities that conduct critical business; hourly rates for a mechanic plus helper shall remain at $143.23 (including travel time); 2. Except as set forth in paragraph I of this Month to Month Renewal Agreement, in all other respects, the terms and conditions set forth in the Original Agreement as Amended remain in full force and effect. - I - IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, V I': ANTS' HEAVILIN, CLERK 4u-) 9-�4 -k Deputy CIO Wilpessy'll 01, CTOR� A siglultlll��k L11Lk)1 - — c) I [i I is hate -, Signature — — 'ZI \5 Date BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ­ a or/Chairperson MASTER MECIIANICAL 4--.�liq[CES, INC. 13V 17 Print NaMe A - k Address: 1-5161�7-Ala V/ Telephone Number: M I Al 4 GC)UNTY ,'�Dako .?- . ... . ... ..... . . COpI FIRSTANIENDMENT RFAEWAL ACC REEMFNT CENTRAL AIC REPAIR SERVICES FOR IP OIN INJ LORI DA \\II\rill N. I Ri \,I WAL V,Rl lVI'\4T1- 111;ikiv jild ­11--i !'I]" III'-- day or 1 '111 : 1per,lccii W)PIR011- U(III NIN (111 political •,t kdll I.LGYI1 'o IJIL' u I 1 1, 11 1 _ Whose : I L It t I r. I j oil 'ill J, I, I I, I I L 1 i t 33040, and MASTER MECHANICAL SERVICES. I'M O\, i k 11 ()W-), I lt,rldil whose address is 15183 NW` 33 Place, Miami, Fl, 33054. Will kI ilS, the parties hereto did oil February 15, 2012 enter into an agreement for central A/C' repair serviec, 1,,1 the Upper Keys Facilities, Monroe C'ounty (hereinafter "Original Agreement"); and W11F.RFAS, the parties have found the Original Agreement to be mutually beneficial and; W Ff F ' REAS, the parties find that it would be mutually beneficial to enter into this first amendment renewal agreement-, now therefore NOW _FHEREFORE, IN ('ONSIDERATION of the mutual promises and covenants set forth below, the parties agree as follows: I . lit accordance with Paragraph 6 of the Original Agreement, the County: a, Fxerciscs the option to renew the 01 1, - 111i11 \.,wciiwnt for the first ofthe two one-year terms. This term will commence on Nllui ch 15. 21113 and terminate March 14, 2014, and b. The amount shall be adjusted in accordance with the percentage change in tile lj.S, Department of ('orrinterce Consumer Price Index ((Pr­U) for all Urban ('onsurners as reported by the U,S, Bureau of Labor Statistics at December 31 of the previous year of 1 7%, c. Item 4A under Contract Amount, hourly rate for a mechanic shall increase from $50,00 to $50.85 during normal working hours of 8:00 am to 5-00 prn, Monday through Friday, excluding holidays (including travel time)-, hourly rate for a mechanic plus helper shall increase frorn $92.50 to $94.07 (including travel W114, cr beat 4B under Contract Amount, the overtime labor shall increase From $75,00 to $76.28 for hours not stated above, including holidays and facilities that conduct critical business; hourly rates for a mechanic plus helper shall increase front $138,75 to $141.11 (including travel tinic), c. hern 4(,' under Contract Amount. the Materials- Freon foe recharging systerns shall Include PRICE, FFIR POUND: $ 13,00 of4 I OA Refrigerant 2 J."xcept as set forth in paragraph I of this Amendment and First Renewal Agreement, it) all other respects, the ternis and conditions set forth lit the Original Agreement remain in cull fol-CC and CFfvCt IN W"ESS WHEREOF, the parties hereto have set their hands and seals the day and year first above Nv6ttcin (SEAL) ATTEST: AW. HEAVILIN, CLERK r � �K ocli,ji, Clerk Witnesses for CONTRACTOR: r i ., Date _ BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA " ., By, Mayor/Chairperson MASTE R MI (1,1ir"w 1)L SERVICES, INC. P N Address: r Telephone Number d d ^� PEC3HO e� r 2 I.. N I RM !V(. M AJ N I I _NANt- i K Ri PAI R, 0 1'1't l; K YI) I A( I L1 111 s, MUNRO I CO L.; N-1 Y, i 1.0M.O.1 AGREEMENTFOR C.'ENTRAL A/C," REPAIR SERVICTS FOR I P P V R N F N N FA( 11.1 11 VS, NI () N Ro F ( Q t Nj N P 1,O R 11). This Agreement is made and entered into this i" - , 'day of February, 2012, between MU ONROF (.'0N'-fY, FLORIDA ('-(-'0t1NT`y"). a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040. and MASTER MF`,(JIANK'AL SF,RVICTS, INC'., ("(1-ONTRAGFOR"), a Florida corSoration, whose address is 15183 NW 13 place, Miami, FL 33054. WHEREAS, (.'()t,.IN'I'Y desires to provide central an, conditioning repair services for the I Jpper Keys Facilities, Monroe County, and WHEREAS, ('ONTRACTOR desires and is able to provide central AW repair services for Upper Keys Facilities, Monroe County; and WHEREAS, it serves a legitimate public purpose fear ('ONTRAUFOR to provide central air conditioning repair services for Upper Keys facilities, Monroe County, now therefore, IN ('ONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. rHE AGREEMENT The Agreement consists of this document, the bid documents, exhibits, and any addenda 2. SCO1111, The ('ontractor shall ['rimish all labor, materials, equipment, tools, transportation, services, and incidentals, and perform all the work necessary in accordance with the specifications entitled: ('ENTRAL AIR ('ONDITIONING REPAIR LIPPER KEYS FAC71LITIES, MONROE COUNTY, FLORIDA A) Routine repairs and maintenance of` tall county maintained central air conditioning units in the Upper Keys area. 13) Ftocrgency repairs of all County maintained central air conditioning units in the Upper Keys area, The C'ONTRAIL-FOR shall be available 24 hours per clay, 365 days per year, The ('ONTRAGFOR shall be at the site of' an air conditioning malfunction within three hours of verbal notification by the OWNFR. (1) Fhe ('ONTRAUVOR, shall have access to a Supply of all parts and control,, normally necessary for the emergency repairs ofall county maintained central air conditioning units so that Such emergency repairs will be completed within 48 110LIYS 01`110fifiCatiOu by the OWNFR. 1)) The ("OUN fy' shall reimburse the ('()NTRA(`-I'0Iy for the ManUfaCtUrer's invoice cost of all parts and materials, plus percentage indicated AGREEMENT FEBRUARY 2012 Page 1 of 14 (.IN f I t A I. A/t Mr AIN It NANC& 10 PAW, WPH K I Ys I A(.11 I I MONKOL in section 3-1), of this that ace used in the repwir of all county 'i i -Y I fn.,ight and tax charg rrcs" ruru,r-,r,cd central air corWhioning unds. ecll ea 1-16ght, and twx costs Arill be re-rin-ursed 'oihn, no innarkup, -N1amafitc[tnAt`N invoict: wiust amccorspan- rn 1" f .. a -tee tu ests f6i, payment for any new! whkh exceveds $W00, and , rway he reefuesizel for any fewi rega-diene; ol' --d'he "oct at !be de iscrdor,� od, file 11recrew of Public WE. or his Je%t;iju,,,,e, AH pans am! rwatedals AM! he of eqmd or greater quality as cornfnwed Rl cxisling parts and loriterien-'s in use, Or., a! caders that require sluipping or iteumponstOn of purw"w inemwiNs %vhclher ight irivon.-,.es excemling $500 runs! the pan' is under, as an ity or o not, Ch, accurnpany requests for payrwem- Freight invoices rnay be requested fie- any, steig"Irt charge, tregardless ofthe, cost. a- the cliscrofen of the Dircoor of Nblic, %Wtrs. or his deenitmee, 11 In the eveat of a triajor C0171QUIent failure or s- s-ern br-zxfledu-,vn the (`()t 1N"Y' When decowd as an erneTency Nuneaton. shall have the opiln Fs rcqucs� firi-nni the CONTRACTOR on'ya a pro,-,-,osaI/quow tor fvpbrcernem eqWpunem in an amouts &H cold exceed We 'Vhorts�,urd Dollars ($5.000), Any pnTosul over S5,000 up vi and including $100,H) n-rust be approved aml signed by dw INvision DAcna- anelfor the County Adn-ii-nistrator, Any proposal over %W,000 up to and including $25,000 most be arqr(oed irridl ��ito p ed by the Mvilon thredor and the,- C'otunly Adryurrivir".iror, F) The 10cilkies we locaed througho-u. the Upper N-eysi, front Condr lexy up to and including Key largo Flood& Wilefings to be sevv0d AM' Alude, NO shal' Put be limbed rod flic 1'60owing, (A)VEIMMEN1IRT11-1-01,1SI" [liglywhif ROK phi-nution sky hpoint Rcard, Plarrunicar. Key CA 1Y 1) 1 E IR'. S 11 U[P;Iqpu�ino, Road� Plifur"atiori f-',Cy i Lh p o i n, 1, R oa "I, I) " an t i o ri K e y ITINHA)RARY (WRTROM GiwL,-rnmeru Complex, P"tin-tion Key Sr R111 , if ',,'S OFHCFS FIRS 11 AUPPFA R �Y N( 1: I, 1S 1. PlamitaGon, Kev tfor-ner moNe trader) lFR R N' 1-1 1 JIS BL 41 AN N( i ', i( )V FKMVII,'�N` I A 1 � ( FE'R ('( )VIVif ")~ v a,- a c a s glivv a y a r id n K t! SPOT FS WO( M) S! Al K)N 877,"3 Ovcrscads Hglwvay- Pl,�-kritanon TKv-v AGREEMENT FEBRUARY 2012 Page 2 of 14 N I RAI Fiji.. MAIN ! EN A (T 1 10 P/M, UPf ,HKt Y,, f AL. I I I I I I..), MON I tO I t()UN I 'i, I 1.01I L) A IN, A thvhv", Av x�nd tiz�,r, lvi:Vt U �Kst,� R Oil-M'M, t It-M,11""M Gel S E R R R nt W 1, iR. L t 1 Fn ed. R, AR a li K c."y F)t ivt-i%, My "R, N. It ff"', 't dw 1. 14 ani� neces'sary rcip nytg 1—M ck-alln I N . .k )N I 1 10 N 1, 1 N I P lk tit S'i V., I I tk I —I— K. o vi nsajor c"rutss—P —1- CUAN't"R:RU v sitt al lci-al i 3 ituaVtUllt, t, i R ri m, us RuN RI;tkeI Y")E"J Y 1 N, F �Ml.j ex xVC BOUSCIRU'l It Hrm � R C: R k�, - t - RJ 4 Will 'A U, R)K N� it V li, 0 M, as, �vmtu nif prom 5s� �i RR H? I 'l Ut 'A rt r c tc-, a", i ky R, R A Cl, MV,— R K� "MM i UM lch i t7 %dRwE PirRs R'l R' "UA, Vitt e 'h ,r li I'l R11 iN I () k N I L V ��tt or ror ti"t z he L t rai,:,, 'he �noI .od Sit 'W�:� Wlikiv�".: U- � I I I ., R , � tR 112 A -,n), v �VIQTIOW, "v! im , Ki, i Rim, rif 14 li A R R . C [ N I RAJ A/C MAIN i I NANC I & KPAI H, LW 14 R M YS I AC 11 1111 �. NION R01. ( ()(; [q 1 Y, f 1. () k I [)-4 it [ANm (Wertinne rut V hows not toned above, includnitt, holiclays �'irici for z.Iseflitics that CorijUCZ edrOn! hUSAWSS Mid! EIN Tax Mkmot's of0ces, and all otliers ideruil'ied by dw Facilpics Nlaintenanct Dnector it, th"t speizificiilicn-s 7500 ISO per hour, NARSAMC plus ITELPIR (nictutlet, ad,111 'nivel time) Q Mantrials PRICT PLAT POIRM 1— 1300 -- 11-22 PRACII MIT POLNIF): IS ... 110 - () () IT -11 2 DAerate— ats -- supphes and rep",icerne-ra parts: invoic"C E Freon evww5n and Aqual JuH he a Pm**, Gfora- Ci-itractcw's, nrtc, mid shalli reAll, be billed as an aulkiikonall rtc!rn, The sk imnAtioning wiRs to be maintained are iris-alwed al IF;acilidc; locatue-JI throulamut the i,hppe-- Keys. Window and mmble imAs man front dine to time, be submitted Ar analysis 10- econornical repair. if the Contravor INds that the unit is ecorminikidt,�i rupaindlAc, "fO.: Ccatirtwiun, e;iH salmst an cairnate Q repair N.t `l]Ip,-,' 0MI'ler, The Owner may at h- or por-uaible milt in keepin&I with the his discred-on, have the (Aintractor repair thi eslimaW, There rjoe na, addrtiortitt cosrs firr lraue/x rnffemge,M0,01N, Or' h1hinfi, a m--jomjfim,, 1-1 t% agh-,chnei T onrriuTtir eiralf 5sitmerb ah N Invokws rh.,,4tgtsFjr,iu �tu(AmpoTys perkumrice and AlAgdon to pay under this agreement. is conlyngen", up(MI atuitial appi-oprialion, by LWKIF-d in"Count'v the Florida l.ocal (Mycrurnern Nvanpli III, (01-�NTY shaH pay in asXwdance "M and --cliok h- in!spc n I.Y and olion is i n',, Aci� -%u.yrnanni wd[ i:)f:� riri4ade, tielivery , vaknission of invoice y CONII AGREMENT FEBRUARY 2032 Page 4 of 14 o.1 NiRAL A/(- MAIN I I NAW t R1 PA] R, 1i I, t Y5 IAC. ILI T I I COUN11Y, I LOHIUA C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rUICS and regulations as may govern the Clerk's disbursal of funds. 6. TERM OF AGREEMENT This Agreement shall commence on _larch 15, 2012, and ends upon March 14, 2013, unless terminated earlier under paragraph 19 of this Agreement. The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one- year periods at terms and conditions mutually agreeable to the parties, exercisable upon written notice given at least 30 days prior to the end of the initial terrn, Unless the context clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial to of one (1) year. The Contract amount shall be adjusted annually in accordance with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-LJ) for all Urban Consurners as reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-L,J computation at December 31 of the previous year. 7. :Xc(l' 1 01, COND ITIVN', I i1 4 W4 I VAC I OR CONTRACTOR has, and shall maintain throughout the to of this Agreement, appropriate licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon execution of this Agreement. & I-TNINNA ]Al. 1,iJ..c(.)1WS ()1-'C()N-1JZ.WFOR 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 [Ior 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. 55,03, FS, running from the date the monies were paid to CONTRACTOR. AGREEMENT FEBRUARY 2012 Page 5 of 14 CI.N I RAL A/C MAIN ITNANCI K W PAR qV I I q KI VS 1AC I 1. 1111 S, MON I (U. COUN I Y, I LOR W A 9. PUBLIC ACCESS I lie C'01 I ('01,41"RACIM. shall allow and pernnil reotsonable ancs" to, and in'speclion t, 1 NTY a no ' of, all document s, papers. letterother s or nulferials fit its possu ession or nder its control sto .1iject ro the Fortaviskiris of 111triner 119, Fhvridu Statutes, and inadc or received tby the0L.NTY an AgrmOVhfieridoMNTRACforin cooljrjnclion viih thieeentaneCYshall ave gh unilarcrally cancel this Agreement upon violation of this provision by s ONIVRAC FOR 10, HOLD IIARNILFSS AND 1-,NSt!RANCF- SkAwithhuldhi; arty rKnirourri insurancL requirements in.escribed elsewhere in this agreement, (Ainomw shall defend, indemnify add hold the (THINlY and the (THINTY's chmed and appokued officins and enVicyces harnAns Pont and agahaL (if any claints, acTionsOr CRUSn Of activni, (H) any litigationv adminisfralNe proceedings, appellate pso'ssdings, or Fither proceedings relating to any type of il-OurY (including deathL loss, damage, ',me, penalty or business interruption, and UH) any evens m- exile risesunin, rally IA; asserfed against, innialedsvith respect to, or sustained by. any indemnified party by reason or, or its connection with, (A) any activity ()I' CONTRAC"FOR or anof its ernployces. agents, suko-coTaructors or other invitees during file term ofthis A(3RF,'F,!v1FNT(B) fill,-, negligence or viijilid alisconduct of CONTRACTOR orany ,it' its ernployees, ageMs. sub-connuctins or Wler imitees, ar (C) COSFI RAC,Tolk's defilailt in respect ofany ofthe obligations that it undertakes under the terms ofthis A,GRF.FM[[.,,NT, except to tire extent the claims, actions, causes or action. litigation, proceedings, costs (n­ expenses arise from the intentional or side neghigent aas or negliflent acts in part or orrissions offlie CM IN Vy or any or its ernployen, agenis, contracrors or invilees (other than CONTRAC,"FOR), Insoflar as, tile claims, actions, canses ill action, litigation, p,,uncdiaL is, costs or expenses relate in events or CirCUTTISreaCCS that occur during the terns of this ACiR,FFNT1FN'l', this section, will survive tile expiration ofthe renn of dis AGR,FI,-,4FNTor any callier ternimarion (it* this AG R1-,1FMFN'l is in no way linsited to, rnhiced, or lessened by the inmumice rectunirenvents c(onlanied chcwhere within this agreement, railure of CONIARAC]"OR to comply with tire requirerncnt,= of this section shall be cause Q immed-iMetermination ofthis agfeerrient. Nor to execution of this agreement, CON I RACAFOR shall fum6h &a (TAiNTY Quilkates of Insurance indicating the rnirlirrourn cowrqw lWitafions in tile following krrnourrtas; WORKI'KS (101YUMNSMION AND EMPLOY1,R'S LIABILT[Y INSIL lfUvNC'I,,: Where pplicahk valiter's corriponvaa tiou cover to apply for fall n ll cq)kyees aa t roW anuun slmuWry lWiR as required by FkwWa 12%, and Enm kjar's Liability coverage it-, thearnount of $ i w WA (H) boddy inn cry by accident. $Ah OR M 0i) bodily nomy by dheme, aaAicy haW wind S Hpow to bodily mittry by discaw, cacti, ernploycc, CON41310:111",NSIVE AUIDIMMIM VE1110A INloll ATY INSURAN(V Motor Atick liability insurance. including arordica"la ravi'huh coverage. widi limits of HAW of FKA Ins then W) ONO ey) per occurrence, combated single hind For Bodily Injury Liability and Properly Darnage Whilky. If single Knits are provided, the nuninium accewal-de lirnits are DfOun; W AGREEMENT FEBRUARY 2012 Page 6 of 14 ON I RAI. A/( N1 AIN I[ NANIA & RI PAIR, UPPf i? 0 Yti I AL I i ! ni", mom(Ji- I wlqljA per person. S I M 1, MW M) per OCULarcrusn, and S2A m 11 M) pnTerty darnage, Coverage shiall hichuh: all owned veldeles, all norr-owned Milles, aim! all I -dyed vehicles, COMMU,-RCIAL, 61`,NUAZAI9, LIAIllSFY: Ourinverck! general bribifity coverage with liricbs cu an s onbined shyle Hrnh Ir Hkidily hjw-y liability of' run less Man SWO00 fol per tweurrene Ualvility and property Da-inage liability. OF INS URAgal Y (kiginal Urtiflaw of inswunce shall be pmwkkd us Te MiNTY at cc gnie or execution of Ehis Agwars" ent and cimbried txusies pnwWed if requasual, Sch polly certiricate shall be crahwwrl with as prcovision thin rico less than thirty 10) calendar clayswritten notice shall he puwkkd ha cc (xxjmry befccre any policy or coverage is corweled or restricted, rhe underwriter of such Unsurmwe shall be qualified to do bLlSiaCSS it,, the State or Flori& If requested by the (Tcuray Administrator, the insurance coverage shall he rwirnary insurance with respect to be CXH MY We ARM ernployees. agents and voluracers, MOyVROE COU',A(TY BOARD OF COUTPVTY MU'ST BE INA41ED ASS' ADD1770,'V.4L L'a"SURED OsVALL POLICYES E'XC,'I-,PT NVORKERIT 0611'ENS1770A". It. NON -WAIVER OF IMMUNIFTY Rquanlistanding the provisions of ENc, W-Y8,28, Florida Statutes, the pail Niciation of'(''OUNTY and CON-FRAC -1 OR in trus Agreernent arid the acquisition or any cornmerchl liabilhy insurance covers in -age shall ,go, cadr-insurance coverage, or 4scal goverf nent liability insurance pool cove, Dot be deemed a waivei of irru-nurrity to the extent or liability coverage, nor shall any Agreen-lera movd hno by the cim wry he required to contain any gwovhion A waiver, IL 1 N, 1) 1, 1 1 LND F, iN - I - ( () N FRA ( '' I ()I( At all limes aud for all purposes under I% agreernent (1054TIVACIPP! is an independent contractor and not a-ri en-spircyce of' the Board (it" (:,,)only Crarunkskiners or lickminx: (Suray. No surternent contained in this agreernern, shall be consuoind so as to bad CON FRAC"I OR or any so has ernployees. subcontractors, wavawnl& or agents to be ernployces (A' the Board of (!,only Conialissioners of Monroe County, I 13, NONDISCRIMINATION CUNTRACTIUR, agrees that Were will be no diserhuirection against any person, arld it is exymrssly unmrslood that upon a dleternscrakm by as soon of cornpeoun jurisdiction that triserb-hrudion has occurred. this Agreenient amontaticaffly taa'ucinates without any further aclion on to pan of any pan, eFfictive the dwe of be court order. CON'FRAC FOR, agrees to cornply whh all Federal alml Florida sunutes. and all local ordinances, as, applicatile, rc;�laflrlg, It's remidiscrinhiscuir"L 100C include bill. are rest innited on 1 ) Title V! ol'the Civil Rights A,--'k of 1964 UPI, RX.152) wthch prohibits discriinination rni the basis ail rica.e, color or nzitionall origin, 2) TIN IX Of the 110mmakin Arneuchnent of 19U, as amulukd (20 U'SC ss, 'a 68 1 - 1683, and 1685- 1686L which pruldhits discrincilmoion on the basis ol'sex: 3)) Section 5,04 (fl' the Rehabilitation, AGREEMENT FEBRUARY 2012 Page 7 of 14 CENfRAI All( KIAJN I I WWI K 1t I PAIR-, UPPI 1), K I Y�, € A( I I I I I I '�, MONROI COUN I Y, t1_011 I DA Act of 1973, as unleaded (20 US( s794), which prohibits discrimination on file basis of' handicaps. 4) The Age Discrin-finatuin Act (it' 1975, as amended (42 USC 6101-610-7) which prohibits ofiscriminati on (in the basis of age, 5) '1 lie Drug Abuse Office aid Treatment Act of' 1972 fill, 92-255), as amended, relating to nondiscrinihanion on the basis ofdrug abusc§ 6) 1 lie Comprehensive Alcohol Abuse and Alcolitilioull Prevention, 'I returnent and Rehabilitation Act of 1970 (Ill- 91-616 as amended, relating it) nondiscrimination on the basis oralcohol abuse or 191 2 ss, a'-" and s27 (4-2 LISC as, 690dd-3 and alcoholism, 7)Thc public Health Service Act of 3 290ce-3), as amended, rodating to confidentiality of' alcohol allot drug abuse patient records", 8) 'rule Vill or (tic (.,'ivil Rights Act of' 1968 (a'/'- USC a, el seq,), as areCrided, relating to nondiscrimination in the sale, nrod or financing offiousing, 9) The Americans with Disabilities Act of 1990 (42 USC s, 1201 Note), as maybe Lanended fircorn time toy time, miming to nondiscrimination (in the basis ofdlsabilitya 10) Any other nondiscrimination provisions in any Federal or State AWtLuCS which may app"Y to COUNTY and CONTRACTOR to, or the SUbJect niatter of" this Agreement. 14, ASSIGNNIVNI/Sk IWONTRA( A CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board ot'Countv Commissioners of ,Monroe County and CON"FRACTOR, which approval shall be suliject to such conditions and provisions as the Board may deem necessary, 'I'llis paragraph 4hall be incorporated by reltnence into any assly rorrient or subcontract and any assignee or subcontractor shall comply with all ol'the provisions orthis agreernent, I Iniess expressly provided for therein, such approval shall in no manner or event be deemed too impose any additional obligation upon the board. 15, CO NI IT I A N CV Nvi I I I [,,,k X N 1) 1. 1 ('1- : N 1) V R F Q t -1111, ",N I F N, F S In provoding all services/goods pursuant to this agreement, lull NTRW-1 OR shall abide by all laws of the 1, ederal and State grnnlent, ordinances,, rules and regulations pertaining to, or regulating the provisions of" such services, including those now in eftect and hereinall er adopted, Conioliance with all laws includes, bar is not finuted to, the immigration laws of the Federal old State . government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this ,Agreement, CONTRACTOR shall prox;ess proper licensee to perform work in accordance with the specifications throughout the term offlus Agreement, Ilk %NI) cwNFLI('OF IN'rEIREST CONTRACTOR represous dint it,, its directors, principle d employees. presentiv [lave rH) interest and shall lacoluirc no interest, either direct or indirect, which would conflict in any manner with ilia perfort-narc e ofservices required by this contract, as provided in Sect, 11'23 11, CL seq- Florida StatLaCS, COUNTY agrees data officers and croployces ill' all COUNI Y recognize and will be required to comply with the standards of, Coroduct, to public officers and cniployces ow dodineated in Section 1123 13, Florida Statutes, regardingy, but not limited to, solicitation or acceptance of girts'- doing bUSnICYS with title" ,,CaCV­ unauthorized AGREEMENT FEBRUARY 2012 Page 8 of 14 18. CL N I RA'A/t_ MAIN I 1_.NANL I & R1 PAIIi, UPPI k Ki YS FAUL I 111 S.. IVIONROI (.[JUN I Y. ' Li)} IDA oisclosurepposili(q,, coililici6ne, enplovIncra or contractual �eulbonship" iuld ensIlnon, In d certain inmanatuln, llr use of 'l? -ar ral, III respect, in itselt. It has neither In n'ovcd n.— . . I 1 111 L WIA at �,d 'ONTR A( "I", wan t th, remined any company t nerson, othcr that,, a on fide ernplov�ee world, 'g solel-v for it, in soh6t osecure dis Agreement and that it has not paid 11"Ir agreed to pay arny Person, er Uai, or famed,, othi'than a bona fide moworkwi eplyee t; solely for it, any L. Ie com.orat"on_Aividu , u nrnlssmml, wov C101 entageother consider or U upon or resulflng from the award rahon C. n"I'ge, t UR PrOV'ISRH L e CONTRAC" Or [111"Alkint-, c)f this Agreement. I or tire breach or viol'-flior Il' Il th I, , , . - t- �s Agrceml,,eat without liability mul ail' rees that the CCOLN-Y lhall have the right to .1enTluefle -1. at As discretion, to offiset "Ronl Illonles owm or othemvise recover, the Full ammOun, o' such, Ic c DeTca`uat;elezift, or c-ONside-ation, No PLEDGF, OF CRLDI I ray RA C I r, -IraH not -Ieuc 'he COUNI Y'S credit or make it a guarantor of, payment rg C R 0 -Y f indebtedne_,­.;. 'juj­fl� � I I ­V lb" COutfact. deb', obfivation, judar erIL fiell, or a' "'N'TRA""'OR fi.1-her warrants and represlents that it has no obligation `rr indebtedrit.ss that would imparr ate ability tag fi ALI, Itte n0 th s contract, NOTICE 141"'OHM."NIFN I Any mmlice required or ad rvalittcd umde. fh'k agreen-nent shall he in writing and hand del"Wered or 0 ed Hilo if, reel med receipt requested. I., u- mailed. rrostain! Iner)"icL. to the other Party bN; cert.., 'U.. Y, 1.01y COUNJ ., , Nlonroe County tcih6s Mail Mtena, cc men Departit l. e, 358" SOU"I R"ImIsevell Bouleva Key WestH, '36040 and I-, v e I Ancirney Post Office ROx 10­6 Key, West, F1, 11041 , H32"l 19, TAXES A G R 1E F M k NT P EEI it iU A R Y 2 0 12 I ( JR (_( )\.. I I ( )R: Page I,' of 14 U-NTIbv. A/(--, MAIN II NANC I. 9 I0.PA114,,1. P1 I R KI YS 1AC I Ll I ILL, MON901 (-OLJ.N I Y, FLOR11.0. COUNTY is exempt from payment of" Florida Stale Sales arid I Ise taxes, CONTRACTOR shall not be exempted by virtne ot'llic ("OUNTY'S exemption front paying -soiles tax to its suppliers for materials used to fultill its obligations under this contract, nor is CONTRAC] OR authorized to use the COI 1N FY'S tax F,' xern pt i on Nurnber in set Uring, SUch materials. CONTRACTOR shall be responsible ter any and all !axes, or payment,, of withholding, related to services tendered startler Ittis agreervient, 20. TERMINATION A. The COUNTY or CONTRACTOR may tenninare this Agreement tor caUSC with seven (7) days notice to CON I'RACTOR, Cause shall constitute a breach of' the ofollicatione oil , either parly, to peri'vorm the obligations enumerated under this Agreement, 13 dither ol"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 with neither party having any Further obligation under the term s of the contract upon termination, 21, GOVERNING LANN,VEN(iF INTERPRETATRYN, COSTS, AND FEV'S This Agreement shall be governed bv arid construed fit accordance with the laws tat' the State of' Florida applicable to Agreements niadc and to be performed onvirely in the State. In the event that any cause of actiont or ach-ninistrative proceeding is instituted fur the enfi)rcernent or interpretation ol'this Agreement, the CW WIN arid CONTRACFOR agree that venue will he ill the appropriate court or bef'ore the appropriate administrative body in Morime County, Florida, 22. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of'the terns on, a term of this, Agreement by or between any of them the issue shall be submitted it) mediation prior to the institution of any other administrative or legal proceeding, Mediation proceedings initiated and conducted pursount to this Agreement shall be in accordance with the Florida Rules of Civil procedure and usual and Customary procedures required by the circuit court cal' Monroe County, 23. SEVERABILATY H' aliv, ter-oll, covenant, Condition or provision oi'this Agreement (or (lie application thereof tie any CirCUTllSoluCC Or perv(111) shall be declared invalid or lincritio-ceable to any extent hy- a Court of' competent Jurisdiction, the rentaining _! terms, covenants, conditions and provisions of' this: Aoreernent. shall not be at'lacied thereby, alid each relvanning terni, covenant, condition and provision ol'this Agreernent shall be valid and shall be erdiii-ccable In Ific inflect extent Permitted liv lase unless the crif'orcenunit art the remaining terms_ covenants, condkions and provisions of this sogreement would prevent the accomplishment ol'the original intent ol'this Agreement,, Fhe COUNTY and CONTRACTOR agree to reiva-tri tlic Agreement to) replace any stricken provision vvith a valid provision that coules as close as Possible to the intent of' the stricken provision, AG'REETVIENT Ft: BROARY 2012 Page 10 of 14 C.L.IVIRAL A/C MAINH NAN.fl cK HIPAII-, OPPI R KIYI,, IA(II IIIV), %,10IN11,01 COUNlY, I LORID-A -IY uuse of five C0'JNFY Iind CONIFRA("I'Oly a)f,rec thw, in the cv,cr! r - It. -11 Cl I" action or annurnstra-1. nen cc? �n int 0 ated or det' b,,/ ar,,� pally rehifiv he - nr Cae, ,,n,( In pretat I - In c di-g i� iniG� arall, at "Y"Tiev S thk Afgfce, tent, the p-evang il parly sh5fll he criti"ed to reasonable altorney s C, al -,ative, -- an d -ces to pay , t f`ccs, I-, an-cilate -imccedings Fach IsHly a- s wvin cou"'! uosf, t fe es t ot -ol'-po'cket expmses p ether, t is the presoaHr- -1 arts or not, thrc)ugh 0 evels ofthe cour P S-Sterr" 'Y 2 5. A DJ It I IM -ATI( )N ()-F DISMATIS ( ) It DISAL-AZEE NM F:NTS COUN"Y and dONTR/Ne""FOR aan-e, that ah disputes and, g-Ifisagreel-lients shall be ttcp- errufed 1,o &A he resolve(,- ry ruccl and ent-l'er I, bt.,,tween rep resentInives of A Y CON"'RAC1 no resolution .-.,afl b,- aila-eed up"m within 30 days aftet the flirst meet and Cco n be discumed tata Public nicefir g c&the Boa,--d of uily order sess-41111. t'ISU C �Ss � e Or issues Shal Cotolnissioner-', It' file isstre or Issues am still not resolved u.I th l satisfaction of'(,..'( 01-JN"I Y and CONTRACTIOR then any party shall have the night In scel< inch relief' or ren-led'i as n-IaY lNe Provided by this Agreement orh1v Florlda hiW 26l COOPERLATION In the even' any avlminictrnth ,,,C r -1v re-alm sr lecad proCef.%fina i� inctilt - a against slither paT Uun. - K - 11g fin -Y CO' filinmairon, execu. .If, pert mj-atn- cement, —N �e orh, ( jN'l u-s- NTR V"DOR each O-fdtis Agr a'Orce to, oartic.inatc. to the extellt rCUL:Ivc(3� bv tiff otller partv, in all proceedings. hea.rings" processs"s, rnectunk s, are. other activities related to it e substaw, a ofthis fig r ernent or prov"con oftile service-, i der this green' ant. CO! WFY and. ("ONTRA.("TOR spe6fically ag-le 'hat no re he r pty, to flux jr nraflon III, airAl'areerne1 r-shall equ-id *as enter Intan o )cced-n-s related tc, this AgrectnerrL Z, 2'-". It IN 1) 1 NA I F FIA-1,C I Qha" Is ad and 'nure +o the thi nd prov's- Its gats Agrecnient he terms , covenruils, con"'It"OnS, o f ("OLINTY and CONTRA(IFORP and 4 cir n-specd-e lcgal r er) fls. s=uck"S," and, a,sw- 28, Al THORI'l ) jj.� ne"very ,,I, In, the odwr that the executio Each parll% ref,I-eserds umd warrants IN H Is An C v 'JUN' --ind cmporate actio- as i - I have 11cen duly aulhorized b,, at' ne,essar., natuired 111Y lama,. 29„ ( I 'A I.\ I ti F ( f n 1, V 1) 1., RA 1, {lit �' I A I I.- -\ 11) CON't'RACT-I'DR and C'01-:N" V aarcv 11hat c;mJ� shall be, and is, "I'll-Olveffil"o ! 0, ar v ory see.-", n -icnl, U thal al kumk, fi,dera- lund state, fundt to I-Ic nor osc of this AAgreen provide, f Miff '-1. E M 11E NT F E'f-3 R U A RY 2 'D ". -2 Raffe 11 of 14 t LN I RAI AIC MAIN I L-NANU- & RI.PAIR, I-JI11It R MYS ` AC IUII4S, MONRM CUUN-IY, FLORDA applications, requests, grant proposals, and Funding solicitations shall be approved by each party prior to submission, All of the privileges and i tinnuni ties from liability, exerriptions frorn laws, ordinances, and rules and pensions and relief. disability, workers' compensation, and other benefits which apply tor the activity ril'officers, agents, or employees of any public agents or erriployces of the COUNTY. when perfarrunig then- respective functions tinder this Agreement witlim the territorial limits of the C(X INTY shall apply to the came degree and extent to the performance od'such functions and duties of such officers, aiients, volunteers, or employees outside the territorial limits of the COUNTY 31, LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity Rorer an obligation or responsibility imposed upon the entity by law, except to the extent of' y " I actual and timely performance thereof by any participating entity, in winch, case the performance may be offered in satisfaction of the obincition or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory, duties offlie COI INTY, except to the extent permitted by the Florida constitution, state statute, and case law, 32. NON-REILIANCE, BY NON-P:%R I IVIS No person or entity, shall be entitled to rely upon the terms, or any terin, of this Agreement to entrime or atterript to enherce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUN FY and the CONTRACTOR agree that neither the COI jNTY nor the CONTI?ACI OR or any agent. officer, or employee of either shall have the 7 authority to inform, counsel. or otherwise indicate that any parlicufar individual or group of individuals. entity or entities, liaoc entitlements or benefits tinder this Agreement separate and apart, inferior it). or Superior in the community in general or Cor the purposes contemplated in this Agreement, 33. ATTESTA,riONS CONI RACTOR agrees to execute Such documents as tire COI jN fY may rcasoriably require, to include a Public Finity Crinic Statement, art Fthics Statement, and a Drug -Free Workplace Staternera, 34NO PERSONAL LIABILITY No covenant or agreeineut contained herein shall be deemed to be a coverrant or agreement of any niernber, offlicerw agent or employee ofMonroe County 'in his or hot, individual capacity, and no niernber, officer, agent or employce of Monroe COUnty shall be liable personally on this Page'12 of 14 AGREEMENTFEBRUARY 2012 (I N I RA{ A/(-. MAIN H. NANO& R1 PAW, UPPI R K!--(S !A( 11 MON1101. ( OJNTY, ILORI DA A � 1, � I - I � l,, eernent or be sob eel to ariv pc:slirial liability or acct)rrjrjabilit%� t t reason ol'the execution of J I J tliis Agrevna wall T � n I his Agreement may be executed in ainy rituriker ofcountcrparts�, each oj'whrc` shall be regarded M ao toloinal, all ot'which taken together shah consfiluto one and the same instrument and any V of the par-fies herclo rnay execute this Agreement by signing any such counterpart S I -A ' H 0 N I I FA 1) 1 N (; S Sectron headlm-,ti liac been ins citL-J in Oipti \,.jj-aejjjCuj as j 111.11ICt uI L,'Oni iiienc,- of Mci-Cilce - I ants, and it i, tivivcd thasuch -:0 l suion, 110;ldilws are ratt a p',Jj-j 01 (1) x eQ111L-lit MIG wili iiw be Used in flu.- interpretation ot'any proviskom oftfus Agreerna ra, 37, 111 BIA ( - EN-1-1 FY ( W N1 F' I-, I, 0101A I ION ST-VI-I-Al F-.N I "A person or al'filiate who has been placed on the convicted verldor list t'allcoving a conviction fl,or,- public entity crime rrray not submit as bid or, as comrac! to provide any goods or services to it lie construct loll or pubfic craftY, May 1101 Submit a bid or, as contract who as pul-fic erltrtY f M if repair tat a public, building or public work, aray not mihnsit bi,k oii lcascti of rclfl pi-ti-enty to as pub,h, sadly. may not be awarded or plerlonri woik as a ( 011'.�UUCIIOII \1;HkdQC1', Sin UPPIl, subcontractor, or consultant under as contract with any public entity, and rnav not transact business with any public entity in excess ofthe threshold amount provided in Section 287,017, cast oil the convicted ior CATE,.(iORY "I"WO for a period or '16 months fron, the date of being pla veralor fist," 38, Nil' IJ AL RVN-IFN% this agreement Ilals beer-, carefully reviewed b% Contractor and the C'ounty, thereforc� thiz agreeis not it) be construed aga; ofauth-l-ship, 1, � nun t it � - inst either party oil the DaMS 39. 1,1()rs ol, Iq I.)- DO(J. M FINTS The terins iind conditions of the bid docurnieras are incorporated by reference in this contract agreement 41), ANNI, M, kill'IMPRI ;k 1-101\ 4 "In ie Count 's , pt %A k �porl � y erl'ormance an., obligation R) 1jildc, agreco I'll is coijimianit a Un n the even, that Hic ("ounly funds ;1RI'Mal appropriation by file Board of "0 "ity Ckmiim,�,otmcrs. I oil which A A A I this Agrelonent is dm, Sa ra withdrawn. this Agree is terniniattxf � lid 1 he I lent to his C ontraclor heyond that �-ourxy has no Pali -thee obligalion undcr the ofthis Agrcon ,already incurred by the term I mahon date, Page 13 of 14 AGREEMENTREBRUARY 2012 K I" lil UNTR KEYS FAO UJIJ MONR( (ENI RAL 6,�Njj,NANCE & IN WH'NFSI s WlWNF01", C()(BNJY ,ind CON WACIOR hcwto� exect'oed 0,6,n Agn"vvl:wctt o[I 01C dav, aIfld (late, (Ii°st writteo above 4) t6o�� 01) couMerparls, c""Ich 4vvhk+ sh",flk proofor the c0hcr cowiletparls, he ciccmc(� wi o6u ,!,imd convao, (SEAL) Allest: DANNY I-IKOH IjVik, (T IIIW� By: . . ..... Deputy Clcrk �%IITNI I SSIB �,S FOR 1.°0 N]i RAC II) P,: ..... . . . . . . S, .................... jA S Date 110AI,U), OFCOUNI Y ('01NIMISSION116 j PX Mayor Date: Signature of person authorized to legally bind�-or u(:walion Date: Salt Ad(Are,ss- Ho ........... . .... Telephone Number rr As J, If AGREEMENT FEBRUARY 2012 Page 14 of 14