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Item D6County of Monroe <r BOARD OF COUNTY COMMISSIONERS � Mayor David Rice, District 4 IleOI1da Keys ��x t t 0. Mayor Pro Tem Sylvia J. Murphy, District 5 Danny L. Kolhage, District I P f,< George Neugent, District 2 a Heather Carruthers, District 3 County Commission Meeting March 21, 2018 Agenda Item Number: D.6 Agenda Item Summary #3969 BULK ITEM: Yes DEPARTMENT: Project Management / Facilities TIME APPROXIMATE: STAFF CONTACT: Johnnie Yongue (305) 292 -4429 NA AGENDA ITEM WORDING: Ratification of three contracts with Royal Plus, Inc. for mold remediation at three Monroe County buildings. The Ruth Ivin's health center in Marathon, the Big Pine Key fire station and the Big Coppitt fire station. All three contracts come to a total amount of $70,390.00 and are a result of Hurricane Irma. ITEM BACKGROUND: On September 9, 2017, Monroe County was impacted by Hurricane Irma. Due to water intrusion in Monroe County buildings there is reported mold in the buildings that require remediation. PREVIOUS RELEVANT BOCC ACTION: On December 13, 2017, the BOCC entered into an agreement with Inspect Key West, Inc. to begin air quality testing at Monroe County buildings that had water intrusion during Hurricane Irma and had environmental concerns such as mold. CONTRACT /AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval as stated above. DOCUMENTATION: Royal Plus County required forms signed Marathon Health Department Mold Remediation Contract Big Pine Key Fire Station Mold Remediation Contract Big Coppitt Fire Station Mold Remediation Contract FINANCIAL IMPACT: Effective Date: March 21, 2018 Expiration Date: none Total Dollar Value of Contract: $70,390.00 Total Cost to County: $70,390.00 Current Year Portion: $70,390.00 Budgeted: No Source of Funds: 125 - 0459110 CPI: Indirect Costs: No Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: No Grant: No County Match: No Insurance Required: yes Additional Details: If yes, amount: Contracts for the following 1. Marathon Health Department Mold Remediation $27,410.00 2. Big Pine Fire Station Mold Remediation $27,600.00 3. Big Coppitt Fire Station Mold Remediation $15,380.00 03/21/18 NEW COST CENTER ADDED 125- 0459110 REVIEWED BY: $70,390.00 Ann Mytnik Completed 03/06/2018 12:44 PM Cary Knight Completed 03/06/2018 3:52 PM Chris Ambrosio Completed 03/06/2018 4:27 PM Kevin Wilson Completed 03/06/2018 4:30 PM Budget and Finance Completed 03/06/2018 5:03 PM Maria Slavik Completed 03/06/2018 5:13 PM Kathy Peters Completed 03/06/2018 5:29 PM Board of County Commissioners Pending 03/21/2018 9:00 AM LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE (Company) 11... warrants that he /it has not employed, retained or otherwise had act on his /its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee ". (Signature) Date: - 3 STATE OF: ww� COUNTY OF: . Subscribed and sworn to (or affirmed) before me on (date) by (name of affiant). personally known to me or has produced as identification. (type of identification) }i619ile� kt, ; r ti tt # 81111 ti ,�;�� T - [VARY I'CJILIC Pt W My commission expires: l/ - /l a r 7 He /She is DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: „,c me of Business) 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. Res -dent's Signature Date NON - COLLUSION AFFIDAVIT I, car / % of the city of v G according to law on my oath, and under penalty of perjury, depose and say that: 1. I am' of the firm of the bidder making the Proposal for the project described in the Request for Qualifications for: and that I executed the said proposal with full authority to do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3. unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. Y ( of Respondent) (Date) STATE OF: COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, 4 1 1 ' /311'; IXIA who, after first being sworn by me, (name of individual signing) affixed 6' his /her signature in the spaq��"��I�°d,bove on this f day of �3 r �r 20 � ffi �.t53dp( r� J ! .- P Bo Q �zN0TARY P`bBLIC My Commission Expires: / t f �'''� �co";ti�`'`� IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS The Architect /Engineer /Consultant covenants and agrees to indemnify, hold harmless and defend Monroe County, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by the Architect /Engineer or Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the Architect /Engineer /Consultant, including its Subcontractor(s) in any tier, their officers, employees, servants or agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Architect /Engineer /Consultant's failure to purchase or maintain the required insurance, the Architect /Engineer /Consultant shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the Architect /Engineer /Consultant, the Architect /Engineer /Consultant agrees and warrants that Architect /Engineer /Consultant shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the Architect /Engineer /Consultant is consideration for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. This indemnification shall survive the expiration or earlier termination of the Agreement. RESPONDENT'S STATEMENT Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the Day of 2018 BETWEEN the Owner: And the Contractor: For the following Project: Scope of the Work Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 Royal Plus Inc. 625 US Highway 1 Suite 105 Key West, FL 33040 The Scope of Work includes, but is not limited to, all work described in the Solicitation for the Marathon Health Department Mold Remediation. Contractor will be required to: 1 Clean HVAC, including the ducts following NADCA guidelines. 2. Adjust HVAC system to allow more fresh air into the building as CO2 levels were elevated. 3. Contractor will be required to obtain necessary building permits. 4 To help lower the mold an VOC levels, clean or fog all horizontal surfaces with an enzyme based 100% biodegradable, nontoxic, VOC -free mold cleaner such as Enzy Magic. Then treat surfaces with a mold protectant that is biodegradable, non toxic and VOC freesuch as Bac Shield. 5. Install Dielectric Barrier Ionizers (DBI) to control mold on books, bacteria and VOCs. These DBIs should be rated so that they are able to treat air and surfaces throughout the library space. 6. Install Mold treated filters in all air handlers that accept 1 inch thick filters. These will help keep mold under control and the HVAC system clean. MERV 7, no blow by, 3 month, metal interior frame filters are recommended. 7. Service and clean air handlers. Contractor shall obtain all necessary permits to carry out the work. MARATHON HEALTH DEPARTMENT MOLD REMEDIATION Summary of General Requirements • Furnish 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 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 General Liability Vehicle u $100,000/$500,000/$l 00, 000 Bodily Injury by Accident /Bodily Injury by Disease, policy limits /Bodily Injury by Disease each employee $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 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. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. Agreement Page Packet'Pg. 875 1:1.4 61 RMAI - kl 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: N /A. 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. The Contractor shall commence performance of this Project within Thirty (30) calendar days after the date of issuance to the undersigned by Owner. The undersigned shall accomplish Substantial Completion of the Project within Ninety (90) calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty (30) 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 recovery of 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 completion of all of the Contract work the Sum of Twenty Seven Thousand Four Hundred Ten and 00/10 Dollars ($27,410.00), 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 Agreement Page Packet 'Pg. 876 FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00 /Day $100.00 /Day $250.00 /Day $50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day $100,000.00- 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day $500,000.00 and Up 500.00 /Day 1,000.00 /Day 3,500.00 /Day The Contractor's recovery of 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 completion of all of the Contract work the Sum of Twenty Seven Thousand Four Hundred Ten and 00/10 Dollars ($27,410.00), 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 Agreement Page Packet 'Pg. 876 MARATHON HEALTH DEPARTMENT MOLD REMEDIATION 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. 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. — CL 6.2 Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 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 public 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. 55.03, Florida 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 Agreement Paged nf 17 Packet'Pg. 877 x "" 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 (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and 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. 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 shall 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. Agreement Page Packet'Pg. 878 MARATHON HEALTH DEPARTMENT MOW1 R R O 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. 1) 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. 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 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Agreement Page Packet'Pg. 879 drIARATHON HEALTH DEPARTMENT MOLD REMEDIATION 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 CL records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119. 10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. Agreement Page 7 of 17 Packet'Pg.880 ,r 1►_� IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY - BRIAN@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. p) 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, CL agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 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 imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 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 Agreement Page 8 of 17 Packet'Pg. 881 XMIN J IS 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 or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) 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 negligent 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 all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the 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. Agreement Page 9 of 17 Packet'Pg. 882 T hARATHON HEALTH DEPARTMENT MOLD REMEDIATION 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: Chip Geddie Rgyal Plus, Inc. 625 US Highway 1 Suite 25 Marathon FL 33050 For Owner: Director of Proiect Mana ement Assistant County Administrator, PW & E 1100 Simonton St. Room 2 -216 1100 Simonton St Key West, FL 33040 Key West, FL 33040 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 and IAQ MOLD ASSESSMENT REPORT BY KEY WEST PRO MANAGEMENT. 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: 1) 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 Agreement Page 10 of 17 Packet'Pg. 883 ,� 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, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 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 following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 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 Agreement Page 11 of 17 Packet'Pg. 884 VIIARATHON HEALTH DEPARTMENT MOLD RE 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, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the CONTRACTOR's non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. II) 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 C40 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- Agreement Page 12 of 17 Packet'Pg. 885 Iw" + 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 contractor and subcontractor as provided in 29 C. F. R. § 5.12. IV) Contract Work Flours and Safety Standards Act L40 U.S.C. 3701- 3708. Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. 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 Made 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. 7401-7671g.) 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 Agreement Page 13 of 17 Packet 'Pg. 886 MARATHON HEALTH DEPARTMENT MOLT REMEDIATION 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). 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 i31 U.S.C. 1352) Contractors that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non - Federal award. 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 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (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 - guideline -cpg- program. Agreement Page 1 of 17 ATEJ X) Americans with Disabilities Act of 1999 (ADA) The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. XI) Disadvantaged ed 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 hired by the subcontractor during the Contract term. XII) 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 a party 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. Agreement Page 15 of 17 Packet'Pg. 888 XV) Department of Homeland Secu DHS Seal Loo 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 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. 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 Art. IX, Section 2 -721 et al. of the Monroe County Code. Agreement Page 16 of 17 Packet'Pg. 889 MARATHON HEALTH DEPARTMENT MOLD REMEDIATI 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 be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) Attest: KEVIN MADOK, Clerk By Deputy Clerk MONROE COUNTY By: A stant County Administrator Date:. (Seal) Contractor Witness Attest: �� ' � I l4� /� Title. Date ��,. , t ......." Contractor it ess A, BY: _ Title: vj A Date: 2- f tLI ( l Date; CONTRACTOR Royal Plus, Inc. By . Owner or Aut drized Representative to bind the Contractor. Title: Date: r '=l /' End of Agreement Agreement Page 17 of 17 Ac .. CERTIFICATE OF LI ABILIT Y INSURANCE DATE (MMIDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 02,14,2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 1'ttltiP,tISES(Ett ce) _ NAME: Applied Risk Services, Inc. PHONE - Fes, - (877)234- 4420 (877)234 10825 Old Mill Rd (AiC, No. Ex,): .(AIC,No): -4421 Omaha, NE 68154 E - MMIL ADDRESS: GE L AGGREGATE LIMIT APPLIES PER: PRODUCER (877) 234 - 4420 CUSTOMER ID# INSURER(S) AFFORDING COVERAGE NAIC# INSURED INSURER A: Continental Indemnity Co. 28258 COMBINED SINGLE LIMIT INSURER B: Royal Plus, Inc. (EaanniQgnl) _ I $ 201 Belt St INSURER C: Snow Hill, MD 21863-1311 INSURER D: INSURER E: CTL 1273 1423303 `•. Ui )?11,Y11'JJU13"( {F'rlipc,#lant) $ i. INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS . OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDU CED ED BY P AID CLAIMS. ... ., ......... . -- -.. - ___ -- - .POLICYEFF POLICY EXP INSR IAODL�SUB LTR TYPE OF INSURANCE INSR WVD POLICY NUMBER s. MMJDD AMIDD - LIMLIE GENERAL LIABILITY -- -_ -- { $ COMMERCIAL GENERAL LIABILITY I �(d DAMAGE TO RENTED CLAIMS MADE 1 OCCUR - 1'ttltiP,tISES(Ett ce) _ MED EXP (any one person,) � $ - - PERSONAL & ADV INJURY $ I GENERAL AGGREGATE $ GE L AGGREGATE LIMIT APPLIES PER: PRODUCTS- CQMPlQP $ JECT PRO ( POLICY [LOC _ ( i I $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANYAUTO Iii (EaanniQgnl) _ I $ ALL OWNED AUTOS ( ( BODILY INJURY (Perperson) $ I �SCHEDULEDAUTOS tt-- `•. Ui )?11,Y11'JJU13"( {F'rlipc,#lant) $ ;HIRED AUTOS I PROPERTY DAMAGE (Per; accident) $ —� NON-OWNED AUTOS .... - �$ (, UMBRELLA LIAB I OCCUR I EACH OCCURRENCE $ EXCESS LIAB CLAIMS MADE I AGGREGATE $ DEDUCTIBLE RETENTION $ 1 $ WORKERS X L MIT8 R I AND EMPLOY RS YIN TQRX ANY PROPRIETOR /PARTNERIEXECUTIVE ' N I A y � ! OFFICER/MEMBER EXCLUDED? 6 73 07/01/2017 1 07�01�2018 E L. EACH ACCIDENT $ 1,000,000 - (Mandatory in NH) E L. DISEASE - EA EMPLOYEE $ 1,000,000 yes, describe under S ;SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1 , 0 0 0 , 0 0 0 i DESCRIPTION OF OPERATIONS/ LOCATIONS /VEHICLES (Attach Acord 101, Additional Remarks Schedule, If more space is required) CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COUNTY 500 WHITEHEAD STREET KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVTI NPF163953 At,vKU ZO ([UUtnua) W19MI -: 009 AGORU GORPORATION. All rights reserved ROYAL10 CERTIFICATE OF LIABILITY INSURANCE DATE(MM/ Y) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED R EPRESENTATIVE OR PRO DUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(sl. PRODUCER Brown & Brown of Florida, Inc. Daytona Beach Office P.O. Box 2412 Daytona Beach, FL 32115 -2412 [an B. Shinnick INSURED ROYAL PLUS, INC. 201 BELT STREET SNOW HILL, MD 21863 ELINN PEACOC 386 -944 -5804 Crum a nd Forster Specialty Ins _ __ -- _. Wes tfield Ins Co Scottsdale Ins Co E: �.. .. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUS AND CONDITIONS OF SUCH POLICIES. LIM SHOWN MAY HAVE BEEN R EDUCED BY PAID CLAIMS INSR - ADDLTSUBRT- - - - - -- a POLICY Aw•FF POLICY EXP TYPE OF INSURANCE I POLICY NUMBER T LIMITS ITR — A X X C COMMERCIAL GENERAL LIABILITY 1 1 1 EACH O CCURRENCE . ,,_„ _ 1 000,001 CLAIMS -MADE ( X 1 OCCUR E Y f f Y _ EPK116594 0 04/14/2017 0 04/14/2018 D DAMAGE TO RENTED 3 _ ' X P POLL UTION $1M ... ---- . . -u ... -...�. P X B .....__.__ --- . PERSONAL $ ADV INJURY $ $ 5 GErs L L AGGREGATE LIMIT APPLIES PER: G GENERAL AGGREGATE $ $ 2,000,001 ..,., „ X PRODUCTS- COMP/OP -1 AC�t,� $ $ __ 2 1 T R ( (CPL 1 1,000,00( B A AUTOMOBILE L LIABILITY C COMBINED SINGLE LIMIT dEaldrlk ------ ' ' 1 __ 1,000,00( X A AN AU S Y Y Y � �CMM7559615 0 04/14/2017 0 04/14/2018 B BODILYINJURY(Perperson) [ [$ SCHEDULED Y - B BODILY INJURY jeer accident),' - .. A HIRED A N OWNED P PROP €ll At�9AGE - S _ PIP _ 10,00( A U UMBRELLA LWB X OCCUR I I EACH OCCURRENCE _ 3,000,00( I X E EXCESS LIAB l CLAIMS -MAD E EFX107263 0 04/14/2017 0 04/14/2018 � _ 3 ., .........� .- __ MONRC14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988 -2015 ACORD CORPORATION. All rights reserved. ......:... ■ The ACORD name and logo are registered marks of ACORD NOTEPAD ROYAL10 PAGE 2 INSURED'S NAME ROYAL PLUS, INC. OP ID: 3L Date 02/15/2018 POLICY COVERAGE FORMS GENERAL LIABILITY: SPE0108 0115 -PER PROJECT AGGREGATE /PER LOCATION AGGREGATE SPE0209 0115 - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION- ONGOING SPE0208 0115 - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS SPE0212 0115 - PRIMARY AND NON- CONTRIBUTORY ENDORSEMENT SPE0214 0115 - WAIVER OF TRANSER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US AUTO LIABILITY: CA7078 0911- BUSINESS AUTO EXPANDED ENDORSEMENT - ADDITIONAL INSURED CA7075 1008 - PRIMARY AND NON - CONTRIBUTORY INSURANCE CA0444 0310- WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) UMBRELLA LIABILITY: EN0012- UMBRELLA FOLLOWS FORM OVER THE GENERAL LIABILITY, AUTO LIABILITY AND EMPLOYERS LIABILITY WORKERS COMPENSATION: WC000313 484- WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US In Unit Type �4.�} ! Nw Magneffe NOUN a it i ffii A PhotohydroionizationO (PHI) Technology The PHI Package Unit by RGF® is designed to eliminate sick building syndrome risks by reducing odors, air pollutants, VOCs (chemical odors), smoke, mold bacteria and viruses *. This product is designed specifically for package systems and uti- lizes adjustable magnetic feet to attach without fas- teners to the blower unit itself making installation as trouble free as possible. This 24V model connects directly into the control box of the HVAC unit. Now available in 5 ", 9" and 14" cells which will handle package products from 1.5 to 20 tons. Perfect for all applica -tions where duct work is hard to get to. Why Use RGF's Photohydroionization@) Technology? Germicidal UV light rays have been used for decades by the medical industry as a method for destroying micro - organisms (germs, virus- es, bacteria). UV light is dependable and can be easily installed in HVAC systems. Germicidal UV light is effective in reducing only the airborne micro- organisms that pass directly through the light rays. However, germicidal UV light has little to no effect on gases, vapors or odors. PhotohydroionizatioriOAdvanced Oxidation, which is and active system, on the other hand, is very effective on gases, vapors, VOCs and odors within the occupied space. lk �„ HIM Avian Flu Norwalk MRSA The RGF Package Unit utilzes UV light enhanced by a hydrated quad - metallic compound target which develops an advanced oxidation reaction that creates hydro - peroxides, super oxide ions and hydroxides. By engineering the proper UV light wavelength, in combina- tion with a triple function, no maintenance unit, The PHI Cell provides safe hydrogen peroxides to purify the air. With the RGF HVAC- PHI Cell Advanced Oxidation System, micro - organisms can be reduced by over 95 %. Gases, VOCs and odors can also be reduced significantly, and the room will have hydro - peroxides, super oxide ion and hydroxides which will help give your room fresh, clean and odor free air. *UV, Hydro - peroxides and Ozone are recorded as effective in killing viruses however RGF has not performed clinical tests on viruses as there are thousands of strains 7 Packet 'Pg. 894 , TYPICAL INSTALLATION tACKAGE UNIJ Al ni' Al � � s - Hydro- peroxides distribution: -Super Oxide Ion distribution: - Hydroxide Ion distribution: - Installation: - Electrical: - Materials: -PHI Cell Replacement BALLAST ENCLOSURE SELF ADJUSTING MAGNETIC FEET Applications: Small Package Products Vertical Stack Units Gas Package Products Anywhere Ductwork is inaccessible distributed thru HVAC duct work distributed thru HVAC duct work distributed thru HVAC duct work installed in HVAC package unit fan section 24 VAC Aluminium housing Recommended after 2 years The PHI Package unit size is scaled to accommodate the various air flow rates of different HVAC systems Note: It is recommended these units be installed by a licensed electrician. Item # HVAC Air Blower Size Tonnage Amps Dimen Ship Wt. PHI- PKG5 -24V 250* to 1,200 CFM Up to 3.5 ton 0.48 2.25 "W x 10.5% x 1.75 "D 1 lbs. PHI -PKG9 -24V 1,200* to 3,000 CFM 3.5 to 7.5 ton 0.70 2.25 "W x 13.5% x 1.75 "D 1 lbs. PHI - PKG14 - 24V 3,000* to 8,000 CFM 7.5 and 20 ton 0.70 2.25 "W x 18.5 "L x 1.75 "D 2 lbs. *Install unit in conjunction with an HVAC system utilizing a minimum air volume of 250 cfm. RGF Environmental Group, Inc. Ez 1101 West 13th Street Port of Palm Beach Enterprise Zone Riviera Beach, Florida 33404 800 842 -7771 fax 561 848 -9454 www.rgf.com QUAD- METALLIC COMPOUND Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the Day of 2018 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 And the Contractor: Royal Plus Inc. 625 US Highway 1 Suite 105 Key West, FL 33040 For the following Project: Big Pine Key Fire Station Mold Remediation Scope of the Work The Scope of Work includes, but is not limited to, all work described in the Solicitation for the Big Pine Key Fire Mold Remediation. Contractor will be required to: Repair HVAC filter door on upstairs air handler so it may easily seal the air handler after filter change. Adjust Fresh air intake to allow more fresh air into the building as the humidity was a little low, carbon dioxide and VOCS were high. Remove stained ceiling tiles and insulate exposed plumbing pipes as per standard building practices. Hydrocarbon Levels were higher than normal. Look for sources of light hydrocarbons and correct in order to reduce exposure. Check venting in kitchen and any gas sources. Check building materials; aerosol cans; liquefied petroleum gas (LPG); refrigerant; natural gas; propellant; blowing agent. Includes chemical compounds such as propane, butane, and isobutane." To help lower the mold an VOC levels, clean or fog all horizontal surfaces with an enzyme based 100% biodegradable, nontoxic, VOC -free mold cleaner such as Enzy Magic. Then treat surfaces with a mold protectant that is biodegradable, non toxic and VOC -free such as Bac Shield. Once corrective measures have been taken, clearance testing should be performed in areas where initial results were elevated Please use attached Lab results from air quality tests and swabs throughout the building. The air handler in the fire station should be deep cleaned. The ducts and plenums should be cleaned as per NADCA guidelines. Use premium grade filters in order to keep mold under control and the HVAC system clean. MERV 7, no blow by, mold treated, 3 month, metal interior frames are recommended for air handlers that accept 1 inch filters. Install two small portable Dielectric Barrier Ionizers (DBI) to control mold, bacteria and VOCs. One in the sitting room upstairs and one in the dinning area downstairs. These DBIs should be rated so that they are able to treat air and surfaces throughout the building. Contractor shall obtain all necessary permits to carry out the work. Summary of General Requirements Furnish 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 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 $100,000/$500,000 /$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits /Bodily Injury by Disease each employee General Liability Vehicle $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit Agreement Page 2 of 17 �' �" • x_,11 _■ •►! 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. 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: N /A. 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. The Contractor shall commence performance of this Project within Thirty (30) calendar days after the date of issuance to the undersigned by Owner. The undersigned shall accomplish Substantial Completion of the Project within Ninety (90) calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty (30) 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 recover of damages and sole remedy for any caused by the Owner shall be an extension of time on the Contract. Agreement Page 3 of 17 FIRST SECOND 31ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00 /Day $100.00 /Day $250.00 /Day $50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day $100,000.00- 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day $500,000.00 and Up 500.00 /Day 1,000.00 /Day 3,500.00 /Day The Contractor's recover of damages and sole remedy for any caused by the Owner shall be an extension of time on the Contract. Agreement Page 3 of 17 ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of completion of all of the Contract work the Sum of Twenty Seven Thousand Six Hundred and 00/100 Dollars ($27,600.00), 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 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. 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. 6.2 Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 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 public 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 Agreement Page 4 of 17 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. 55.03, Florida 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 (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and 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. 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 Agreement Page 5 of 17 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 shall 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. 1) 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. 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 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and Agreement Page 6 of 17 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 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. Agreement Page 7 of 17 ' • ► • 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 @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. p) Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. 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 imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 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. Agreement Page 8 of 17 • ■ i 11 _ • lr�_. 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 or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) 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 negligent 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 all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the 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. Agreement Page 9 of 17 Le I 1 • .►. 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: Chip Geddie Royal Plus, _Inc. 625 US Highway 1 Suite 25 Marathon FL 33050 For Owner: Director of Project Mana ement Assistant County Administrator, PW & E 1100 Simonton St. Room 2-216 1100 Simonton St Key West, FL 33040 Key West, FL 33040 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 and IAQ MOLD ASSESSMENT REPORT BY KEY WEST PRO MANAGEMENT. 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: 1) 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 Agreement Page 10 of 17 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, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 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 following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 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 Agreement Page 11 of 17 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, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the CONTRACTOR's non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. II) 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 Agreement Page 12 of 17 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 contractor and subcontractor as provided in 29 C.F.R. § 5.12. IV) Contract Work fours and Safety Standards Act 40 U.&C, 3701 -3708. Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. V) Rights to _Inventions Made Under a Contract or Agreem If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. VI) Clean Air Act 42 U.S.C. 7401-7671g,) 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 - 7671q) 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). Agreement Page 13 of 17 VII) Debarment and Sus erasion_ 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 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 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (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 - guideline -cpg- program. X) Americans with Disabilities Act of 1990 (ADA) The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 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 Agreement Page 14 of 17 YA - 11 X. 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 hired by the subcontractor during the Contract term. XI 1) 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 a party 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. Agreement Page 15 of 17 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 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. 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 Art. IX, Section 2 -721 et al. of the Monroe County Code. Agreement Page 16 of 17 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 be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) Attest: KEVIN MADOK, Clerk By: Deputy Clerk Date: (Seal) Contractor Witness Attest: Bv �� [ Title;. Date 'i� tisSl s TAny Ln r 76 PUE3�1x 7 ',i R co`��� MONROE COUNTY By. s " tnt County Administrator Date: G CONTRACTOR Royal Plus, Inc. By: _ Owner or Aut ..... zed Representative to bind the Contractor. Title: Date End of Agreement MONROE COUNTY ATTORNEY AP ROVEDS TO FORM CHRIS AMBROSIO 11SSISTA T COU Ty" ATTORNEY Date: -�-' .,., - - - Agreement Page 17 of 17 ROYAL10 CERTIFICATE OF LIABILITY INSURANCE DA 02 /1 2018 Y) 02 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in Ileu of such endorsement(s). PRODUCER Joo- 744 -0oU4 L'IAME CLIIYr+I F ut r% Brown & Brown of Florida, Inc. PHONE 388 -g> 58 4 ._.^ r FAZ 386-333- 16113 Daytona Beach Office P.O. Box 2412 i p l A t CK98 15DAY C-O _...._,_ Daytona Beach, FL 32115 -2412 ... ..... Ian B. ShInn I __IN AFFORDIN COVE RAGE„ NAIL IN .� _� SURERA: Crum a Forster Specialty in s 1 44520 .__ ... _._ ... - . _ INSURED ROYAL PLUS, INC. INSURER Westfield Ins Co X24112 201 BELT STREET — ---- SNOW HILL, MD 21863 INSURERC, Scottsdale Ins Co, } INSURER F: C NUMBER: 139MI6110 N12MBE THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXC AND CONDITI OF S UCH POLICIE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ..... �_ _. ................. .... - - - INSR ADDL. SUBRI POLICY EFF POLICY EXP ( TYPE OF INSURANCE POLICY NUMBER LIMITS Iman A X COMMERCIAL GENERAL LIABILITY EACH OG(:l?RRENGE 1 000,001 $ B CLAIMS -MADE OCCUR Y Y iEPK116594 04/14/2017 04/14/2018 AMA D GE TO RENTED PREMISES ,....... 300,001 X POLLUTION $1 M 5,001 MED EXP (Any one per nn) _ _$.,,, X � BAILESS /$250,000 ., O AADV INJURY 1,000 001 � _ ' _ GEN L AGGREGATE LIMIT APPLIES PER: � � �ERSNAL G ENERALAfaGRECaAT,E. 2,000,001 X P T ..... _ 2,0 00,001 POLICY JE LOC RQQUCrs a Ga,M,P /OP AGG $ _ OTHER.; CPL 1,000,001 B AU TOMOBILE LIABILITY COMBINED SINGLE LIMIT 1EItI iLfanL. 1,000,001 X -- ANY AUTO - " Y Y CMM7559615 04/14/2017 04/14/2018 - BODILYINJl1RY(Parperspn) - ' OWNED SCHEDULED . _ AUTOS ONLY _ AUTOS HIRED NN- Ss��IA#p PPR1LY INJURY,(Par acc dent) PROPERTY DAMAGE $ _ AUTOS ONLY A 7"OS ON Y° Per a ) PIP 10,001 A UMBRELLA LIAB X OCCUR EACH OCCURRENCE `s 3,000,001 $ X I EXCESS LIAR CLAIMS -MADE ,. ®.m.. EFX107263 04/14/2017 04114/2016 ..._ AGGREGATE , _. ` $ 3,0 00,001 _ .....— 3 DED X (RETENTION$ 1 0,000 I WORKERS COMPENSATION AND EMPLOYERS' LIABILITY j j PER OTH- ­_ STATUTE € ER ... ANY PROPRIETOR/PARTNER/EXECUTIVE FF EXCLUDED? �T / g L A NH) N/A ' ` E '' EACH AGGO)ENT - $ ndstory in E-L DISEASE - EA EMPLOYE. El $. _ a8, describe under -D D GRIPT! N F PERATI N 1 I - P I Y LIMIT .- C 'EXCESS AUTO yXLS0101907 04/14/2017 a 04114/2018 EA/OCCUR j 3,000,00( A PROF LIABILITY (EPK116594 04/14/2017 04/14/2018 ji EA/OCCUR ( 1,000,00( DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) SEE NOTEPAD FOR POLICY COVERAGE FORMS MONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS ADDITIONAL INSURED AND A WAIVER OF SUBROGATION APPLIES AS REQUIRED BY WRITTEN CONTRACT. MONRC14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) ©1988 -2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD NOTEPAD ROYAL10 PAGE 2 INSURED'S NAME ROYAL PLUS, INC. OP ID: 3L Date 02/15/2018 POLICY COVERAGE FORMS GENERAL LIABILITY: SPE0108 0115 -PER PROJECT AGGREGATE /PER LOCATION AGGREGATE SPE0209 0115 - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION- ONGOING SPE0208 0115 - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS SPE0212 0115 - PRIMARY AND NON- CONTRIBUTORY ENDORSEMENT SPE0214 0115 - WAIVER OF TRANSER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US AUTO LIABILITY: CA7078 0911- BUSINESS AUTO EXPANDED ENDORSEMENT- ADDITIONAL INSURED CA7075 1008 - PRIMARY AND NON - CONTRIBUTORY INSURANCE CA0444 0310- WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) UMBRELLA LIABILITY: EN0012- UMBRELLA FOLLOWS FORM OVER THE GENERAL LIABILITY, AUTO LIABILITY AND EMPLOYERS LIABILITY WORKERS COMPENSATION: WC000313 484- WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US A � CERTIFICATE OF LIABILITY INSURANCE DATE (MM /DDmYV) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T 02/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT GENERAL LIABILITY r _ NAME: Applied Risk Services, Inc. PHONE FAX (877)234 -4420 (877)234 -4421 10825 Old Mill Rd INC,No.Ext): (A/C Omaha, NE 68154 E -MAIL ADDRESS: r 1 ` OCCUR I r PRODUCER (877)234 - 4420 CUSTOMER,ID #, (( C INSURER(S) AFFORDING COVERAGE J NAIC # '.INSURED INSURERA:Continental Indemnity Co. 28258 ......... ,....__ ____. .. INSURER B: Royal Plus, Inc. $ ._.. ......... ____. 201 Belt St INSURER C: Snow Hill, MD 21863 -1311 INSURER D: GEN L AGGREGATE LIMIT APPLIES PER: P INSURER E: CTL 1273 1423303 — I PRO- " INSURER F: I COVERAGES CERTIFICATE NUMBER: REVISION NUMBER- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT T TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRI ....... .. .._ ... ADD€..SUB - - 1 - POLICYEFF POLICYEXP - -- - - -- - - -- LTR ^ TYPE OF INSURANCE INSR WV O P POLICY NUMBER I MM /DD/YYYY MMIDDIYYYY GENERAL LIABILITY r _ EACH QC _VRREN,C�E _ $ _ E _ " " $ r 1 ` OCCUR I r r ; PMISE6. {Essacesrrdefi,) $ $ __ __ (( C MED EXP (any one Fenn) $ $ j C PERSONAL $,ADV INJURY $ $ ._.. ......... ____. GENERAL AGGREGATE $ $ GEN L AGGREGATE LIMIT APPLIES PER: P $ I PRO- " PRO(7lIOT$ •:,.COMP /OpAGC,� . . POLICY $ CERTIFICATE HOLDER CANCELLATION MONROE COUNTY BOARD OF COUNTY 500 WHI HE STREET KEY WEST, FL 33040 ACORD 25 (2009/09) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE F163953 ©1988 -2009 ACORD CORPORATION. All rights reserved MOMM ]i Mount S YSIOM A Photohydroionization" (PHI) Technology The PHI Package Unit by RGF® is designed to eliminate sick building syndrome risks by reducing odors, air pollutants, VOCs (chemical odors), smoke, mold bacteria and viruses *. This product is designed specifically for package systems and uti- lizes adjustable magnetic feet to attach without fas- teners to the blower unit itself making installation as trouble free as possible. This 24V model connects directly into the control box of the HVAC unit. Now available in 5 ", 9" and 14" cells which will handle package products from 1.5 to 20 tons. Perfect for all applica -tions where duct work is hard to get to. Why Use RGF's Photohydroionization@ Technology? Germicidal UV light rays have been used for decades by the medical industry as a method for destroying micro - organisms (germs, virus- es, bacteria). UV light is dependable and can be easily installed in HVAC systems. Germicidal UV light is effective in reducing only the airborne micro- organisms that pass directly through the light rays. However, germicidal UV light has little to no effect on gases, vapors or odors. Photohydroionizatior Oxidation, which is and active system, on the other hand, is very effective on gases, vapors, VOCs and odors within the occupied space. tl � H1N1 Avian Flu Norwalk MRSA The RGF Package Unit utilzes UV light enhanced by a hydrated quad - metallic compound target which develops an advanced oxidation reaction that creates hydro - peroxides, super oxide ions and hydroxides. By engineering the proper UV light wavelength, in combina- tion with a triple function, no maintenance unit, The PHI Cell provides safe hydrogen peroxides to purify the air. With the RGF HVAC- PHI Cell Advanced Oxidation System, micro - organisms can be reduced by over 95 %. Gases, VOCs and odors can also be reduced significantly, and the room will have hydro - peroxides, super oxide ion and hydroxides which will help give your room fresh, clean and odor free air. *UV, Hydro - peroxides and Ozone are recorded as effective in killing viruses however RGF has not performed clinical tests on viruses as there are thousands of strains Packet 'Pg. 916 TYPICAL INSTALLATION PACKAGE UNI QUAD- METALLIC COMPOUND s BALLAST ENCLOSURE SELF ADJUSTING MAGNETIC FEET Applications: - Hydro- peroxides distribution: -Super Oxide Ion distribution: -Hydroxide Ion distribution: - Installation: - Electrical: - Materials: -PHI Cell Replacement Small Package Products Vertical Stack Units Gas Package Products Anywhere Ductwork is inaccessible distributed thru HVAC duct work distributed thru HVAC duct work distributed thru HVAC duct work installed in HVAC package unit fan section 24 VAC Aluminium housing Recommended after 2 years The PHI Package unit size is scaled to accommodate the various air flow rates of different HVAC systems. Note: It is recommended these units be installed by a licensed electrician. Item # HVAC Air Blower Size Tonnage Amps Dimensions Ship Wt. PHI- PKG5 -24V PHI -PKG9 -24V PHI -PKG14 -24V « 250* to 1,200 CFM Up to 3.5 ton 0.48 2.25 "W x 10.5 "L x 1.75 "D 1 lbs. 1,200* to 3,000 CFM 3.5 to 7.5 ton 0.70 2.25 "W x 13.5% x 1.75 "D 1 lbs. 3,000" to 8,000 CFM 7.5 and 20 ton 0.70 2.25 "W x 18.5% x 1.75 "D 2 lbs. *Install unit in conjunction with an HVAC system utilizing a minimum air volume of 250 cfm. RGF Environmental Group, Inc. 1101 West 13th Street Port of Palm Beach Enterprise Zone Riviera Beach, Florida 33404 800 842 -7771 fax 561 848 -9454 www.rgf.com Agreement Qetween Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the Day of 2018 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, FL 33040 And the Contractor: Royal Plus Inc. 625 US Highway 1 Suite 105 Key West, FL 33040 For the following Project: Big Coppitt Key Fire Station Mold Remediation Scope of the Work The Scope of Work includes, but is not limited to, all work described in the Solicitation for the Big Coppitt Key Fire Mold Remediation. Moisture was found in the sheetrock, under the lower corners of the South facing window, in the bunk room. It was over 16% moisture at the time of the inspection, but may be dry by now. Contractor will be required to: Remove one square foot of sheetrock wall at the bottom corners of the window, look for water stains or mold and treat the area with an enzyme based mold cleaner. Sheetrock should be removed until it is contains less than 16 % moisture and is free from water stains. The area should then be protected from mold with a biodegradable mold protectant. Water stained ceiling sheetrock on the North side of the building should also be removed in the same manner. Total stained area is about 4 square feet. Some sheetrock under the dispatcher's desk also contained 14 -16 % moisture. If the moisture content has increased and contractor finds sheetrock under the desk with moisture over 16 %, it should be removed. All sources of moisture should be corrected. Windows may need to be sealed. Please use attached Lab results from air quality tests and swabs throughout the building. The air handler in the fire station should be deep cleaned. The ducts and plenums should be cleaned as per NADCA guidelines. _ ll 9 9 1 Use premium grade filters in order to keep mold under control and the HVAC system clean. MERV 7, no blow by, mold treated, 3 month, metal interior frames are recommended for air handlers that accept 1 inch filters. Install portable Dielectric Barrier Ionizers (DBI) to control mold, bacteria and VOCs. These DBIs should be rated so that they are able to treat air and surfaces throughout the building. Contractor shall obtain all necessary permits to carry out the work. Summary of General Requirements • Furnish 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 le otherwise requested or required by Director of Project Management. u • 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 be CL 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 General Liability Vehicle $100,000/$500,000 /$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy limits /Bodily Injury by Disease each employee $200,000 per Person; $300,000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit $50,000 per Person: $100,000 per Occurrence $25,000 Property Damage or $100,000 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 Agreement Page Packet 'Pg. 919 M OR I A O . ► 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. 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: N /A. 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. The Contractor shall commence performance of this Project within Thirty (30) calendar days after the date of issuance to the undersigned by Owner. The undersigned shall accomplish Substantial Completion of the Project within Ninety (90) calendar days. The undersigned shall accomplish Final Completion of the Project within Thirty (30) 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 recovery of darnaoes and sole remedy for anv 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 completion of all of the Contract work the Sum of Fifteen Thousand Three Hundred Agreement Page 3 of 17 Packet'Pg.920 FIRST SECOND 31 ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00 /Day $100.00 /Day $250.00 /Day $50,000.00- 99,999.00 100.00 /Day 200.00 /Day 750.00 /Day $100,000.00- 499,999.00 200.00 /Day 500.00 /Day 2,000.00 /Day $500,000.00 and Up 500.00 /Day 1,000.00 /Day 3,500.00 /Day The Contractor's recovery of darnaoes and sole remedy for anv 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 completion of all of the Contract work the Sum of Fifteen Thousand Three Hundred Agreement Page 3 of 17 Packet'Pg.920 Eighty and 00/100 Dollars ($15,380.00), 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 Based upon Applications for Payment submitted by the Contractor to the Director of Project Management, and upon approval for payment issued by the Director of Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month, or as follows: 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code. ARTICLE 6 CL 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 E supplemented by other provisions of the Contract Documents. 6.2 Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. 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 public 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 Page Packet'Pg. 921 Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03, Florida 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 (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by CL 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. 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 Agreement Page 5 of 17 Packet'Pg. 922 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 shall 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. 1) 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 CL 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. y 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 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall survive any termination or expiration of the contract. Agreement Page Packet'Pg. 923 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 CL records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian ii of records, in a format that is compatible with the information technology systems of the County. re (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. Agreement Page 7 of 17 Packet'Pg. 924 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 - 2923470 BRADLEY - BRIAN@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. p) 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 CL functions and 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 imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the County, except to the extent permitted by the Florida constitution, state statute, and case law. 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 Agreement Page 8 of 17 Packet'Pg. 925 L� • 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 or omission of Contractor or any of its employees, agents, sub - contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it CL 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 negligent 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 all losses occurring thereby and shall further defend any claim or action on the County's behalf. The first ten dollars ($10.00) of remuneration paid to the 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 Agreement Page Packet 'Pg. 926 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: Chia Geddie Royal Plus Inc. 625 US Highway 1 Suite 25 Marathon FL 33050 For Owner: Director of Project Management Assistant County Administrator, PW 1100 Simonton St. Room 2 -216 1100 Simonton St Key West, FL 33040 Key West FL 33040 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 and IAQ MOLD ASSESSMENT REPORT BY KEY WEST PRO MANAGEMENT. 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: 1) Nondiscrimination /Egual 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 Agreement Page 10 of 17 Packet'Pg. 927 �. 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 Vlll 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 ll, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix ll, % C, agrees as follows: The CONTRACTOR will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 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 Agreement Page 11 of 17 Packet'Pg. 928 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, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. In the event of the CONTRACTOR's non - compliance with the nondiscrimination clauses of this contract or with any of such rules, regulations, or orders, this contract may be canceled, terminated or suspended in whole or in part and the CONTRACTOR may be declared ineligible for further Government contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. II) 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 Agreement Page 12 of 17 Packet'Pg. 929 w►" 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 contractor and subcontractor as provided in 29 C.F.R. § 5.12. IV) Contract Work Hours and Safet Standards Act 40 U.S.C. 3701 -3708. Where applicable, all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each contractor must compute the wages of every mechanic and laborer on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no laborer or mechanic must be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases of supplies or materials or articles ordinarily available on the open market, or contracts for transportation or transmission of intelligence. V) Right 5 to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. VI) Clean Air Act 42 U.S.C. 7401-7671g.) Water Pollution Control Act 33 U.S.C. 112511-11387). 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 - 7671q) 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 Agreement Page 13 of 17 Packet 'Pg. 930 A 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 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 6002 of the Solid Waste disposal Act, as amendment by the Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring only items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part 247 that contain the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement program for procurement of recovered materials identified in the EPA guidelines. (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 - guideline -cpg- program. X) Americans with Disabilities Act of 1990 (A DA) The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 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 Agreement Page 14 of 17 Packet'Pg. 931 A0 ROOK, 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 hired by the subcontractor during the Contract term. XII) 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 a party 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. Agreement Page 15 of 17 Packet'Pg. 932 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 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. 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 Art. IX, Section 2 -721 et al. of the Monroe County Code. Agreement Page 16 of 17 Packet 'Pg. 933 [101 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 be by a person with authority to bind the entity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED. (SEAL) Attest: KEVIN MADOK, Clerk By: Deputy Clerk MONROE COUNTY B y: sistarit County Administrator Date: (Seal) Contractor Witness Attest: y ! Title: UB �� ✓ R t�' Date ' 1 1111111 Date. 1 u CONTRACTOR CL Royal Plus, Inc. B Owner or Auth6r Representative to E bind the Contractor. Title: _ Date: C12 - L/ MONROE COUNTY ATTORNEY APP OVED T9 FORM CH R1B AMBROSIO ASSISTAN COU TY ATTORNEY Date End of Agreement Agreement Page 17 of 17 Packet'Pg. 934 COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS Ac CERTIFICATE OF LIABILITY INSURANCE DATE DL,S INSR1 _- �AOUB _ -- ___ -- -- POLICYEFF POLICYEXP 02/14/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT �— ._ NAME: Applied Risk Services, Inc. PHONE FAX (877)234 -4420 (877)23 4421 10825 Old Mill Rd INC. No, Ed); (Alc No) Omaha, NE 68154 E-MAIL ADDRESS: RERSONAL & ADV INJURY $ PRO�U�R _ (877) 234 -4420 CUSTOMER ID# _ __ GENERA'. AGGREGATE $ INSURERS) AFFORDING COVERAGE NAIC_ _ # INSURED INSURERA: Con tinental Indemnity Co. 28258 ( PR61I�U6TS - nGG $ INSURER B: Royal Plus, Inc. 201 Belt St INSURER C: Snow Hill, MD 21863-1311 INSURER D: ( COMBINED SINGLE LIMIT INSURER E: CTL 1273 1423303 „LEccidenO,_. _ $ INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EX CLUSIONS AND CO NDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BE_ EN REDUC BY PAID CLAIMS. DL,S INSR1 _- �AOUB _ -- ___ -- -- POLICYEFF POLICYEXP 1 LTR TYPE OF INSURANCE I INSR WVO POLICY NUMBER MM/DDryYYY MM /OD 4 GENERAL LIABILITY ` C RRLt3C $ !COMMERCIAL GENERAL LIABILITY --I — I�, ( -t+HO .` DAMAGE TO RENTED $ i CLAIMS MADE .00CUR �— ._ ;_.PREMISES.(Eaoccurrenra) , . -- MED EXP (anyone person) $ - RERSONAL & ADV INJURY $ __ GENERA'. AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: ( ( PR61I�U6TS - nGG $ PRt I POLICY JECT I LOC fi .�4MPlS�P j ( $ .. ... AUTOMOBILE LIABILITY _ ( COMBINED SINGLE LIMIT IANYAUTO I� I „LEccidenO,_. _ $ ALL OWNED AUTOS ( I, ( ,BODILY INJURY (Per _person) i SCHEDULED AUTOS ( 00I;11t„Y INJURY. p(Alccid nt) $ HIRED AUTOS = (f PROPERTY DAMAGE (Per accident) $ I NON -OWNED AUTOS $ 'UMBRELLA LIAB OCCUR EACH OCCURRENCE $ ;EXCESSLIAB ( (CLAIMS MADE -.. , '. AGGREGATE $ $ I DEDUCTIBLE RETENTION $ l i � � $ WORKERS COMPENSATION AND EMPLOYERS'LIABILITY X WC STATU- OTH -' YIN. ANY PROPRIETOR/PARTNER/EXECUTIVE A OFFICER/MEMBER EXCLUDED? NIA ( J 73 327964 - 01 - 03 ...._..�TORYLIf1ITS:...._ER -.... - - -. 0 107/01 /2018 E EACH ACCIDENT $ 1,000,000 i - - - (Mandatory in NH) E L. DISEASE,- EA EMPLOYEEI $ 1, 000,000 If yes, describe under SPECIAL PROVISIONS below - , E.L. DISEASE - POLICY LIMIT ( $ 1,000,000 DESCRIPTION OF OPERATIONS /LOCATIONS /VEHICLES (Attach Acord 101, Additional Remarks Schedule, ff more space is required) CERTIFICATE HOLDER CANCELLATION NDNROE COUNTY BOARD OF COUNTY 500 WHI TEHP' AD STREET KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE NPF163953 ■ AGUKU LD (LUUU/UV) U1988 -2UU9 AGOKD GOKPOKATION. All rights reserved ROYAL10 CERTIFICATE OF LIABILITY INSURANCE D.6.d DATE (MM /DD/YYYY) 02115/2018 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 386- 944 -5804 CONTACT ELINN PEACOCK NAME. Brown 8r Brown of Florida, Inc. PHONE _.... .. . ... ............. 386 -944 -5804 I FAX 386-333 -6113 (AJC Noe Ext) ; (ac No). Daytona Beach Office P.O. Box 2412 IL PeA O �+: SS !a�"1 TONA CC)m Daytona Beach, FL 32115 -2412 .__ - --- Ian B. Shinnick INSURER( AFFOR DING COVER . _..._ _.... NAIC # INS URERA: Crum and For Specialty Ins 144520 _.. -- INSURED ROYAL PLUS, INC. INSURE Westfield Ins Co 1 24112 201 BELT STREET SNOW HILL, MD 21863 INSURER C: Scottsdale Ins Co 41 INSURER D: INSURER E 5,001 INSURER F: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR AODL SUBRy POLICY EFF POLICY FXP TYPE OF INSURANCE I POLICY NUMBER LIMITS A 1 X C COMMERCIAL GENE LIABILITY @ p z ) P 1,000,001 11, p CLAIMS - MADE X , OCCUR D @ Y Y Y n n ) 04/14/2018 E P RE I$ES 3 300,001 X P P OLLUTION $1 M y 5,001 EXP An nne a on _ I X L 1,000,001 P_'ERRN�€AL A 4, W I NJURYY` $ 1 . m _ P DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) 5EE NOTEPAD FOR POLICY COVERAGE FORMS IAONROE COUNTY BOARD OF COUNTY COMMISSIONERS IS ADDITIONAL INSURED AND A NAIVER OF SUBROGATION APPLIES AS REQUIRED BY WRITTEN CONTRACT. MONRC14 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 500 WHITEHEAD STREET KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988 -2015 ACORD CORPORATION. All rights reserved. r r ......:... The ACORD name and logo are registered marks of ACORD NOTEPAD ROYAL10 PAGE 2 INSURED'S NAME ROYAL PLUS, INC. OP ID: 3L Date 02/1512018 POLICY COVERAGE FORMS GENERAL LIABILITY: SPE0108 0115 -PER PROJECT AGGREGATE /PER LOCATION AGGREGATE SPE0209 0115 - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- SCHEDULED PERSON OR ORGANIZATION- ONGOING SPE0208 0115 - ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS- COMPLETED OPERATIONS SPE0212 0115 - PRIMARY AND NON - CONTRIBUTORY ENDORSEMENT SPE0214 0115 - WAIVER OF TRANSER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US AUTO LIABILITY: CA7078 0911- BUSINESS AUTO EXPANDED ENDORSEMENT- ADDITIONAL INSURED CA7075 1008 - PRIMARY AND NON- CONTRIBUTORY INSURANCE CA0444 0310- WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) UMBRELLA LIABILITY: EN0012- UMBRELLA FOLLOWS FORM OVER THE GENERAL LIABILITY, AUTO LIABILITY AND EMPLOYERS LIABILITY WORKERS COMPENSATION: WC000313 484- WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US VP � � ��a4rfi+ R, do e P PH S ifstem A PhotohydroionizationO (PHI) Technology The PHI Package Unit by RGF® is designed to eliminate sick building syndrome risks by reducing odors, air pollutants, VOCs (chemical odors), smoke, mold bacteria and viruses *. This product is designed specifically for package systems and uti- lizes adjustable magnetic feet to attach without fas- teners to the blower unit itself making installation as trouble free as possible. This 24V model connects directly into the control box of the HVAC unit. Now available in 5 ", 9" and 14" cells which will handle package products from 1.5 to 20 tons. Perfect for all applica -tions where duct work is hard to get to. Why Use RGF's Photohydroionization@ Technology? Germicidal UV light rays have been used for decades by the medical industry as a method for destroying micro- organisms (germs, virus- es, bacteria). UV light is dependable and can be easily installed in HVAC systems. Germicidal UV light is effective in reducing only the airborne micro- organisms that pass directly through the light rays. However, germicidal UV light has little to no effect on gases, vapors or odors. Photohydroionizatior&Advanced Oxidation, which is and active system, on the other hand, is very effective on gases, vapors, VOCs and odors within the occupied space. .a r lwoj HIM Avian Flu Norwalk MRSA The RGF Package Unit utilzes UV light enhanced by a hydrated quad - metallic compound target which develops an advanced oxidation reaction that creates hydro - peroxides, super oxide ions and hydroxides. By engineering the proper UV light wavelength, in combina- tion with a triple function, no maintenance unit, The PHI Cell provides safe hydrogen peroxides to purify the air. With the RGF HVAC- PHI Cell Advanced Oxidation System, micro - organisms can be reduced by over 95 %. Gases, VOCs and odors can also be reduced significantly, and the room will have hydro - peroxides, super oxide ion and hydroxides which will help give your room fresh, clean and odor free air. *UV, Hydro - peroxides and Ozone are recorded as effective in killing viruses however RGF has not performed clinical tests on viruses as there are thousands of strains Packet'Pg. 938 TYPICAL INSTALLATION PACKAGE UNIT Oki -Hydro-peroxides distribution: -Super Oxide Ion distribution: -Hydroxide Ion distribution: -installation: -Electrical: -Materials: -PHI Cell Replacement BALLAST ENCLOSURE SELF ADJUSTING MAGNETIC FEET Applications: Small Package Products Vertical Stack Units Gas Package Products Anywhere Ductwork is inaccessible distributed thru HVAC duct work distributed thru HVAC duct work distributed thru HVAC duct work installed in HVAC package unit fan section 24 VAC Aluminium housing Recommended after 2 years The PHI Package unit size is scaled to accommodate the various air flow rates of different HVAC systems. Note: It is recommended these units be installed by a licensed electrician. Item # HVAC Air Blower Size Tonnage Amps Dimensions Ship Wt. PHI- PKG5 -24V 250* to 1,200 CFM Up to 3.5 ton 0.48 2.25 "W x 10.5% x 1.75 "D 1 lbs. PHI -PKG9 -24V 1,200* to 3,000 CFM 3.5 to 7.5 ton 0.70 2.25 "W x 13.5% x 1.75 "D 1 lbs. PHI -PKG14 -24V 3,000" to 8,000 CFM 7.5 and 20 ton 0.70 2.25 "W x 18.5% x 1.75 "D 2 lbs. *Install unit in conjunction with an HVAC system utilizing a minimum air volume of 250 cfm. RGF Environmental Group, Inc. 1101 West 13th Street Port of Palm Beach Enterprise Zone Riviera Beach, Florida 33404 800 842 -7771 fax 561 848 -9454 www.rgf.com QUAD- METALLIC COMPOUND