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Item D3 D.3 `, County of Monroe y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS Mayor Michelle Coldiron,District 2 �1 nff `ll Mayor Pro Tem David Rice,District 4 -Ile Florida.Keys Craig Cates,District 1 Eddie Martinez,District 3 w Mike Forster,District 5 County Commission Meeting January 20, 2021 Agenda Item Number: D.3 Agenda Item Summary #7631 BULK ITEM: Yes DEPARTMENT: Local Disaster Recovery TIME APPROXIMATE: STAFF CONTACT: Kevin Wilson (305) 292-4441 No AGENDA ITEM WORDING: Approval to rescind the First Amendment to the contract with RAS Building Commissioning & Restoration, LLC. to construct a "Tiny House" at 252 Sands Road, Big Pine Key, Florida. ITEM BACKGROUND: In 2018, the Board of County Commissioners (BOCC) directed staff to issue a Request for Proposals (RFP) for the construction of up to four (4) "tiny houses". These units were to serve as model, code compliant "tiny houses" which could replace non-compliant mobile homes destroyed during Hurricane Irma. The four (4) "tiny houses" were proposed for placement on County owned parcels in various locations throughout the County. Eventually, these units will serve as "workforce housing" for Monroe County employees much as the County currently employs existing County owned dwelling units at Big Pine Key Park and Key Largo Community Park. In May 2018, the BOCC approved County staff to release the first "tiny houses" construction RFP. Upon ranking by staff and BOCC approval of the ranking in December 2018, four vendors were selected to construct the four(4) "tiny houses" at a total cost of$656,496 as follows: • Cornerstone Tiny Home on Key Largo: They successfully completed construction of the "tiny house" in May 2020 in Key Largo. This home currently serves as an affordable model, code compliant home, and was featured in multiple "Open House" events in December 2020. • RAS Building Commissioning & Restoration, LLC on Ramrod Key: In February 2020, Amendment One was executed to relocate construction of the "tiny house" from Ramrod to Big Pine Key due to environmental issues at the original site. RAS failed to meet contractual requirements for worker's compensation insurance and, therefore, are not able to satisfy its contractual agreement with Monroe County. • Advanced Construction Technologies, LLC on Cudjoe Key: Contractual negotiations failed. • Cypress Community Development Corporation on Big Coppitt Key: Contractual negotiations failed. Staff request approval to rescind the July 2019 First Amendment with RAS Building Commissioning & Restoration, LLC, for its failure to provide proper insurances. While Amendment One was approved by the BOCC,it was never fully executed by the Mayor. Packet Pg. 1229 D.3 PREVIOUS RELEVANT BOCC ACTION: November 2017 BOCC directed staff to research the possibility of constructing"tiny houses" on County owned land as a way to demonstrate the use of such structures as replacement housing. February 2018 BOCC selected three (3)possible sites for"tiny houses" on Ramrod Key, Cudjoe Key, and Big Coppitt. March 2018 BOCC added a fourth potential site in Key Largo. May 2018 BOCC approves the release of the RFP for the construction of four(4) "tiny houses" on county owned parcels. November 2018 BOCC approves clarifying questions for the vendors in order to complete the proposal ranking process. December 2018 BOCC approves the ranking of the vendor proposals and issues a notice to proceed with contract negotiations. July 17, 2019 BOCC approves the Contract with RAS Building Commissioning & Restoration, LLC for the construction of a"tiny house" at Ramrod Key. February 19, 2020 BOCC approves Amendment One with RAS Building Commissioning & Restoration, LLC, to relocate the construction of the"tiny house" from Ramrod Key to Big Pine Key. CONTRACT/AGREEMENT CHANGES: Yes STAFF RECOMMENDATION: Approve rescinding Amendment 1 with RAS Building Commissioner& Restoration, LLC. DOCUMENTATION: Amendment 1 to RAS Contract(not executed) Executed Contract with RAS 7-17-2019 FINANCIAL IMPACT: Effective Date: TBD Expiration Date: TBD Total Dollar Value of Contract: 0 Total Cost to County: 0 Current Year Portion: 0 Budgeted: No Source of Funds: TBD CPI: Indirect Costs: Estimated Ongoing Costs Not Included in above dollar amounts: Revenue Producing: If yes, amount: Packet Pg. 1230 D.3 Grant: NA County Match: NA Insurance Required: TBD Additional Details: N/A NA REVIEWED BY: Helene Wetherington Completed 12/21/2020 12:37 PM Assistant County Administrator Christine Hurley Completed 12/30/2020 10:17 AM Christine Hurley Completed 12/30/2020 10:17 AM Cary Knight Completed 12/30/2020 10:21 AM Patricia Eables Completed 01/05/2021 9:21 AM Purchasing Completed 01/05/2021 10:48 AM Budget and Finance Completed 01/05/2021 12:15 PM Maria Slavik Completed 01/05/2021 12:40 PM Liz Yongue Completed 01/05/2021 12:45 PM Board of County Commissioners Pending 01/20/2021 9:00 AM Packet Pg. 1231 D.3.a AMENDMENTFIRST r MONROECOUNTYAND U BUILDINGRAS COMMISSIONING ,LLC v7 FOR THE TINY HOUSE CONSTRUCTION This First Amendment tote Agreement dated July 17, 2019, is made and entered into this 1 ay of February 2020, by and betweenMonroe County Board of County Commissioners, a political subdivision of the gate of Florida, whose address is 1100 Simonton Street, Key West, FL 3040, its successors and assigns, hereinafter referred to as "County", and RAS Building An Commissioning and Restoration, LL , d/b/a Solair House, whose new address is 2373 NW 1 Street, Opa Locka, FL 33054,"its successors and assigns, hereinafter referred to as"Contractor". U WHEREAS, the parties entered into an Agreement on July 17, 2019, for the Tiny House Construction and Demonstration Project("Agree enV") for construction of "tiny home" locate on County-owned property at l l W. Indies Drive on Ramrod Key, Florida 330 . and WHEREAS, it was been determined that the property on W, Indies Drive is not suitable for construction due to setback, restrictions from wetlands andmangroves; and E WHEREAS, the County desires to amend the Contractor's Agreement to change the building location to a different County-owned property located at 252 Sands Road on Big Fine Key,Florida 330 3And WHEREAS,the'Contractor has requested a change in its company address for all purposes in the original Agreement, including its address for written notifications and communications; THEREFORE, in consideration of the mutual promises contained herein, the parties hereby agree as follows; x 0 1. The Scope of Work is amended to change the County owned vacant parcel from W. Indies W Drive, Ramrod Key, to the County owned vacant parcel located at 252 Sands Road, Big Pine Key, Florida. 2. e Contract is hereby amended , and specifically as set forth in Section 7. , to reflect a change in'address, for the Contractor for written notices or correspondence to be sent,to the following: RAS Building Commissioning and Restoration, LLC dJbla Solair House 2373 149 Street a Loclta, FL 33054 All other to sand conditions of the Agreement remain unchanged andin full force and effect. Packet Pg. 1232 D.3.a 2 WHEREOF,IN WITNESS each party caused this First Amendment to Agreement to be executed by its duly authorized representative. Execution by the Contractor must be by; a person with n authority to bind the entity. (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: Kevin Madok, Clerk OF MONROE COUNTY,FLORIDA y: y: Deputy Clerk Mayor 0 Date ca CONTRACTOWS Witnesses:Attest: CfhkT -: ild�;n, n - Commission, � d i t Kati LL Contractor must provide tw witnesses i 1 signatures Signature: Signature: . Print Name: ° Title: i Print Name: 't,.,l � � c Date: - 0 and ONROE COUNTY D IV , ' OFFICE W inatur ` fit' �3T& � PATRICIA Fria Name: aril- rO� �T � f�7 DATE, L-1 Date: —44Z/Z—0 - STATE OF " _ __, COUNTY OF n this day of , 20 before me,the undersigned notary public,by Deans at 0 physical presence or 0 online notarization,personally appeared, own to the to be the person whose name is subscribed above or who pr duced as identification, and acknowledged that he/she is the person who executed the above First Amendment with Monroe County for Tiny ,House Construction and Demonstration Project for the purposes therein contained. Notary Public Print Name my commission expires: (Seal) E Y pu M IRINA BESSONOVA, r: Notary Public State of Florida Camr issi�n# 214396 'n my comm,Expires May 6,2022 ge c 2 Packet Pg. 1233 A . "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Agreement Between Owner and Contractor 0 Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the /7A day of �u I , 20 /9 0 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: RAS Building Commissioning and Restoration, LLC d/b/a Solair House 374 Ansin Blvd. Hallandale, FL-33009 y For the following Project: "TINY HOUSE".CONSTRUCTION AND DEMONSTRATION Scope of the Work The Scope of Work shall include installation of a 640 square foot(SF), two (2) bedroom,_one (1) bathroom "Solair" model 640 "tiny home" to be constructed on the County owned vacant parcel located on W. Indies Drive on Ramrod Key, Florida. The Scope of Work includes all tasks required for the design/build of this structure.including all aspects of design (including any geotechnical or material testing required),the acquisition of all permits,all site preparation work required by those permits, and all major appliances (including range/oven, dishwasher, refrigerator, and washer/dryer)with corresponding warranties for an occupancy ready"tiny house". ARTICLE 4 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions as contained in the Request for Proposals as posted on Demandstar on August 4, 2018), Drawings, Specifications, Proposal Documents (including written responses to clarifying questions), Addenda issued prior to execution of this Agreement, together with the response to the RFP and all required insurance documentation, and AGREEMENT Page Packet Pg. 1234 D.3.b "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION r. Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations; representations or agreements, either written or oral. An enumeration of the Contract Document&; other than Modifications, appears in Article 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract, The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as, follows: NIA ARTICLE 3 U 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 achieve Substantial Completion of the entire Work not later than ninety (90) calendar days after the date.of commencement or issuance of a Notice to Proceed. 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, N 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. 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. 0 3.2 UNCONTROLLABLE CIRCUMSTANCE Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Party's control, without such Party's fault or negligence and that by its nature could not have been foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, . earthquake, explosion, tropical storm, hurricane, or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities(whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) government order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or AGREEMENT Page of 73 Packet Pg. 1235 • D.3.b "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION' after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, an "Uncontrollable Circumstance"). Contractor's financial inability to perform, changes in cost, or availability of materials, components, or services, market conditions, or supplier actions, or contract disputes will not excuse performance by Contractor y under this Section. Contractor shall give County written notice within seven (7)days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may 'determine. 0 ARTICLE 4 Contract Sum 4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of the Contract the Contract Sum of One Hundred Fifty-three Thousand Six Hundred Dollars and no cents ($153,600.00), 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: NIA y 0 4.3 Unit prices, if any, are as follows: NIA 2 ARTICLE 5 Progress 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. 5.3 Payment will be made by the Owner in accordance with the Florida Local Government Prompt Payment Act, Section 218.735, Florida Statutes. 5.4 Each Application for Payment shall be based upon the Schedule of Values.submitted by :he Contractor in accordance with the Contract Documents.The Schedule of Values shall alocate the entire Contract Sum amona the various portions of the Work and be prepared n such form and supported by such data to substantiate its accuracy as the Director of Project Management may require. This schedule, unless objected to by the Director of -AGREEMENT Pale Packet Pg. 1236 D.3.b "TINY HOUSE"CONSTRUCTION AND DEMONSTRATION � Project Management, shall be used as a basis for reviewing the Contractor's Appllcations� for Pavment 5.5 Applications for Payment shall indicate the percentage of completion,of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the .n total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of ten percent 10%. Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Project Management.When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. E 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed N construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or �- nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. N 5.7 Retainage of ten percent(10%)will be withheld in accordance with Section 218.735(8)(b), Florida Statutes. 5.8 Reduction or limitation of retainage, if any, shall be as follows: Monroe County is exempt from and not subject to Florida Statutes, Section 255.078, "Public Construction Retainage". Reduction or limitation of retainage, if any, shall be reduced incrementally at the discretion of and upon the approval of the Director of Project Management. ARTICLE 6 Final Payment X Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the Owner to the Contractor when (1)the Contract has been fully performed by the Contractor except for the Contractor's responsibility to correct nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy other requirements, if any, which necessarily survive final payment, and (2) a final approval for payment has been issued by the Director of Project Management. Such final payment shall be made by the Owner not more than twenty(20) AGREEMENT Page of 71% Packet Pg. 1237 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION days after the issuance of the final approval for payment. The following documents (samples in section 01027, Application for Payment)'are required for Final Payment: (1)Application and Certificate for Payment y (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file(.PDF) format delivered on a common form (i.e.flash drive) of all the following,.but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. 0 G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). 2 ARTICLE 7 Miscellaneous Provisions 7.1 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. 7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act and Monroe County Code. 7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of the General Conditions. 7.4 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. X 7.5 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 fir the construction or repair of a public building or public work, may not submit proposals .on teases 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, -AGREEMENT Page rr Packet Pg. 1238 D.3.b "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION: r 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 HS 2 By signing this Agreement, Contractor represents that the execution of this Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from County's competitive procurement activities. In addition to the foregoing, Contractor further represents that, there has been no determination, based on an audit, that it or any subcontractor has committed an act defined by Section 287.133, Florida Statutes, as a"public entity crime" and that it has not been formally charged with committing an act defined as a"public entity crime" regardless of the amount of money involved or whether Contractor has been placed on the convicted vendor list. Contractor will promptly notify the County If it or any subcontractor or Contractor is formally charged with an act defined as a"public entity crime"or has been placed on the convicted vendor list. 7.6 The following items are included in this contract: a) Maintenance of Records. Contractor shall maintain all books,.records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a y period of five (5) years from the termination of this agreement or for a period of three (3) years from the submission of the final expenditure report as per 2 C.F.R. §200.333, 0 whichever is greater. 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 five (5) years fallowing 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,or were wrongfully retained by the Contractor, 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. Right to Audit. Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade LU discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred as"County Clerk")to substantiate charges related to this agreement,and all other agreements, sources of information and matters that may in Owner's or the County Clerk's.reasonable judgment have any bearing on or pertain AGREEMENT Page Packet Pg. 1239 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION to any matters, rights, .duties, or obligations under or covered by any contract document (all foregoing hereinafter referred to as "Records") shall- be open to inspection and subject to audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct y .verifications such as, but not limited to, counting employees at the job site,witnessing 0 the distribution of payroll, verifying payroll computations, overhead computations, observing vendor and supplier payments, miscellaneous allocations, special charges, verifying information and amounts through interviews and written confirmations with employees, subcontractors, suppliers, and contractors' representatives. All records shall.be kept for seven (7) years after Final Completion. The County Clerk possesses _ the independent authority to conduct an audit of records, assets, and activities relating to this Project. If any auditor employed by Monroe County or the County Clerk determines that monies paid to Contractor pursuant to this Agreement were spend for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03 Fla. Stat., 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 Win 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. .}AGREEMENT Page Packet Pg. 1240 D.3.b "TINY HOUSE CONSTRUCTION AND DEMONSTRATION 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. 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 0 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. j) Nondiscrimination. The parties 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. The parties agree 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 VII of the Civil Rights Act of 1964 (PL.88-352), which prohibits discrimination in employment on, the basis of race, color, religion, sex, and national origin;2)Title IX of the Education Amendment of 1972,as amended(20 USC§§ 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 §794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§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, §§523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 8) Title Vill of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of AGREEMENT Page Packet Pg. 1241 "TINY HOUSE CONSTRUCTION AND DEMONSTRATION 'housing; 9) The Americans with Disabilities Act of 1990 (42-USC §§ 12101), as amended from time to time, relating to nondiscrimination in employment 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; and 11) any other 0 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. 1 2319, 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 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment U Opportunity, Department of Labor). See 2 C.F.R.' Part'200,.Appendix II,¶C, agrees as follows: 1) The Contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin.The Contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, color, religion, sex, sexual orientation,gender identity, or national origin. Such action shall include, but not be limited to the following: Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or termination; rates of pay or other forms , of compensation; and-- selection for training, including apprenticeship.The Contractor agrees to post in conspicuous places,available to employees and applicants for employment, notices to be provided by the contracting officer setting forth the provisions of this nondiscrimination clause. 2) .The Contractor will, in.all solicitations or advertisements for employees placed by or on behalf of the Contractor, state that all qualified applicants will receive. consideration for employment without regard to race, .color, religion, sex, sexual orientation, gender identity, or national origin. 3) The.Contractor will not discharge or in any other manner discriminate against any 'employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant. This provision shall not' apply to instances in which an employee who has access to the compensation information of other employees or applicants as a part of such employee's essential job functions discloses the compensation of such other employees or applicants to individuals who do not otherwise have access to LU 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. AGREEMENT Pag Packet Pg. 1242 D.3.b "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION: 4) The Contractor will send to each labor union or representative of workers witls 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 y commitments under section 2Q2 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. 5) The Contractor will comply with all provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 0 6) The Contractor will furnish all information and reports required by Executive Order 11246 of September 24, 1965, and by the rules, regulations., and orders of the Secretary of Labor, or pursuant thereto, and will permit access to his _ books, records, and accounts by the contracting agency and the Secretary of Labor for purposes of investigation to ascertain compliance with such rules, regulations, and orders. 7) In the event of the Contractor's non-compliance,with the nondiscrimination E 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 or federally assisted- construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or as otherwise provided by law. 8) The Contractor will include the portion of the sentence immediately preceding paragraph (1) and the provisions of paragraphs (1) through (8) in every subcontract or purchase order unless exempted by rules, regulations, or orders of the Secretary of'Labor issued pursuant to section 204 of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon each subcontractor or vendor. The Contractor will take such action with respect to any subcontract or purchase order as the administering agency may direct as a means of enforcing such provisions, including. sanctions for non- compliance; provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the administering agency the contractor may request the United .States to enter into such litigation to protect the interests of the .United States. X 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. AGREEMENT Page 1 Packet Pg. 1243 "TINY-HOUSE" CONSTRUCTION AND DEMONSTRATION 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 0 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 .2 paid or agreed to pay any person, company, corporation, individual, or firm, other than 9 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 U 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 Access. Public Records Compliance. Contractor must comply with Florida public records laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or other "public record" materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the County and Contractor in conjunction with this contract and related to contract performance. The County shall have the right to unilaterally cancel this contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the terms of this provision shall be deemed a material breach of this contract and the County may enforce the terms of this provision in the form of a court proceeding and shall, as a < prevailing party, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall'survive any termination or expiration of the contract. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. Pursuant to Fla. Stat. Sec. 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 0 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 LU copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. `) 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 AGREEMENT Pape packet Pg. 1244 D.3.b "TINY HOUSE" CONSTRUCTION AND. DEMONSTRATICW� completion of the contract if the contractor does not transfer'the record-g:l_. the Oount , (4) Upon completion of the contract, transfer, at no cost, to the Count, all oubiq' y 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 iC"antractor 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 0 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 E 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 1.19.10, Florida Statutes. 2 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. N 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. 0 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 AGREEMENT Page i Packet Pg. 1245 "TINY HOUSE" CONSTRUCTION AND, DEMONSTRATION 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 N 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, 0 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. y 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 covenantor 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, vitiated 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 AGREEMENT Page packet Pg. 1246 D.3.b "TINY. HOUSE" CONSTRUCTION AND DEMONSTRATION. 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 actior;, litigation, proceedings, costs or expenses arise from the intentional-or sole negligent y 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 .2 this Agreement. 9 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.. FDEM Indemnification To the fullest extent permitted by law,the Contractor shall indemnify and hold harmless the Agency,.the State of Florida, Department of Emergency.Management, and its officers and employees, from liabilities, damages, losses and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness or intentional wrongful misconduct of the Contractor and persons W employed or,utilized by the Contractor in the performance of this Contract. This indemnification shall.survive the termination of this.Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the State of Florida and the (County)Agency's sovereign immunity. 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. x) 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 toLU 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. y) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. AGREEMENT Page i Packet Pg. 1247 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Special Conditions, if any are detailed in Section 00100 of the Project Manual for this 2 Project. 2 y 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by 0 United States Mail, certified, return receipt requested, or by courier with proof of delivery. Notice shall be sent to the following persons: For Contractor: RAS Building Commissioning and Restoration, LLC and Raul Schwerdt. P.E. _ d/b/a Solair House 1317 Adams Street 374 Ansin Blvd Hollywood, FL 33009 Hallandale Beach,FL 33009 For Owner: Director of Prolect Management County Attorney 1100 Simonton St., Room 2-216 111112th Street, Suite 408. Key West, Florida 33040 Key West, Florida 33040 7.8 FEDERAL CONTRACT REQUIREMENTS The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2 C.F.R. §200.326 Contract provisions and Appendix II to N 2 C.F.R. Part 200, as amended, including but not limited to: 0 7.8.1 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). W . N 7.8.2 Davis-Bacon Act, as amended (40 U.S.C. 3141-3148).When required by Federal program legislation, which includes emergency Management Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program,Port Security Grant Program and Transit Security Grant Program, 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 tabor. In addition, CONTRACTORS must be required to pay wages not less than once a week.If applicable, the COUNTY must place a copy of the current prevailing wage determination issued by the Department of Labor in each solicitation (attached hereto as Exhibit A). The.decision to award a contract or subcontract must be E conditioned upon the acceptance of the wage determination.,The COUNTY must report ill suspected or reported violations to the Federal awarding agency. When required by Federal program legislation,which includes emergency Management Preparedness Grant .:AGREEMENT Page packet Pg. 1248 D.3.b "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Program, Homeland Security Grant Program, Nonprofit Security Grant Program Tribal' Homeland Security Grant Program, Port Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including the Public Assistance Program), the CONTRACTORS must also y 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 An Federal awarding agency. 0 1) 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. 2) 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 E the compliance by any subcontractor or lower tier subcontractor with all of these contract clauses. 3) 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. N 0 7.8.3 Contract Work Hours and Safety Standards Act(40 U.S.C.3701-3708).Where applicable, which includes all FEMA grant and cooperative agreement programs, 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 forty (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 forty (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. 0 7.8.4 Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a contract with a small business firm or nonprofit LU organization regarding the substitution of parties, assignment or performance of experimental, developmental, or research work under that "funding agreement," the E 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 AGREEMENT Page Packet Pg. 1249 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the awarding agency. - 7.8.5 Clean Air Act(42 U.S.C.7401-7671 q.),Water Pollution Control Act(33 U.S.C. 1251-1387) as amended. Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable standards; orders, or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-7671q) 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). 0 7.8.6 Debarment and Suspension (Executive Orders 12549 and 126891.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. 7.8.7 Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). CONTRACTORS that apply or bid for an award exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of.Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract,grant or any other award covered by 31 U.S.C. 1352. Each tier.must also disclose any lobbying.with non- Federal funds that takes place in connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal award. N 7.8.8 Compliance with Procurement of recovered materials as set forth in 2 CFR q 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 fimeframe providing for compliance with the contract performance schedule; (ii) Meeting .ontract performance requirements; or (iii) At a reasonable price. (2) Information about ►his requirement, along with the list of EPA-designated items, is available at EPA's .AGREEMENT Page Packet Pg. 1250 D.3.b "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION Comprehensive Procurement Guidelines . web site,: hfas://www.epa-gov/smm/comprehensive-procurement-guideline-cpg-proararr: Other Federal Requirements(as applicable);. 0 7.8.9 Americans with Disabilities Act of 1990, as amended,(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. 7.8.10 Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the COUNTY that OBE'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 2 C.F.R. § 200.321(as set forth in detail below), 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. 2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY N BUSINESSES, WOMEN'S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS a. if the CONTRACTOR,with the funds authorized by this Agreement, seeks to subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR- shall take the following affirmative steps to assure that minority businesses, women's business enterprises, and labor surplus area firms are used whenever possible. b. Affirmative steps must include: 1. Placing qualified small and minority businesses and women's business enterprises on solicitation lists; 2. Assuring that small and minority businesses, and women's business enterprises are solicited whenever they are potential sources; 3. Dividing total requirements,when economically feasible, into smaller tasks or quantities to permit maximum participation by small and minority businesses, and women's business enterprises; 4. Establishing delivery schedules, where the requirement permits, which encourage participation by small and minority businesses,and women's business enterprises; 5. Using the services and assistance, as appropriate, of such organizations as the Small Business Administration and the Minority Business Development Agency of the Department of Commerce. 6. Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps listed in paragraph (1)through.(5) of this section. AGREEMENT Page i Packet Pg. 1251 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION 7.8.11 The CONTRACTOR shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the 2 CONTRACTOR during the term of the Contract and shall expressly require any 2 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 0 employment eligibility of all new employees hired by the subcontractor during the Contract term. 7.8.12 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. c 7.8.13 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. c 7.9 The Contractor is bound by all applicable local, County, State, and Federal laws and regulations. 7.10 The CONTRACTOR shall hold the Division and County harmless against all claims of whatever nature arising out of the CONTRACTOR'S performance of work under this Agreement, to the extent allowed and required by law.. ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. c 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. E. 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. Q Termination for Cause and Remedies: In the event of breach of any contract terms, 'tie COUNTY retains the right to terminate this Agreement. The COUNTY may also AGREEMENT Page packet Pg. 1252 D.3.b "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION = terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein contained at the time and in the manner herein 2 provided. In the event of such termination, prior to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours' notice and provide the y CONTRACTOR with an opportunity to cure the breach that has occurred. If the breach 0 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 .2 breach. The maximum amount due to'CONTRACTOR shall not in any event exceed An 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 sixty (60) days' notice to CONTRACTOR. if the E 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 0 COUNTY's False Claims Ordinance, located at Section 2-721 et al. of the Monroe > County Code. E. Scrutinized Companies. For.Contracts of any amount, if the County determines that `-' the Contractor/Consultant, has submitted a false certification under . Section 287.135(5), Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel,the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this LU Agreement, are enumerated as follows: a) Drawings: None. b) Project Manual: None AGREEMENT Page 2 packet Pg. 1253 "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION c) Detailed Site Specific Information: See Appendix I'of the RFP for the speck site. 9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and . . - Contractor. 11.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Project Manual dated: None N 9.1.4 The Addenda, if any, areas follows: 0 Number Date Paget, 1 August 21,.2018 10 '2 September 12, 2018 1, This Agreement is entered into as of the day and year first written above and is executed in at least three (3)original copies of which one (1) is to be delivered to the Contractor, BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW N c 'AGREEMENT Page 2 Packet Pg. 1254 D.3.b "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION tion by the Contractor must be by a person with authority to bind the ent# : RE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED:,,, BOARD OF COUNTY COMMISSIONERS '' Qr evin Madok, Clerk OF MONROE COUNTY, FLORIDA •04'% Ora '<phMtlLT COUMYr y: By: Deputy Clerk Mayor/Chairman bate < 7 (SEAL) 0 CONTRACTOR'S Witnesses Attest: CONTRACT Contractor must provide two witnesses RAS BUILD COMM SLNING ANDsignatures RESTORAT LLC, lar use Signature: P Signature: y Print Name: t�U�;. l? "f' Print Name: �C -k 9- �41i/ Title: o arE C— m F= Title: F0 Pie)/IA/L) Date: I c/ / I c Mrri N �1 Q V t C). Date: 0 h� b 7 c-a:: 1 C7_. :::7 Fes, and y a > -:._. c a c Signature: o.AONROE COUNTY ATT EY'S OFFICE Print Name: We PROVED AS TO F R PATRICIA EABLES Title: -?c9 S+`14"S / effet"a D�'r�r cA7EssISTA COUNTY A'ITOANEY Date: �f l z(f STATE OF FLORIDA, COUNTY OF �_ Zk.QC On this 1 FLday of 20 tq, before me, the undersigned notary public, personally appeared known to me to be the person whose name Is 0 subscribed above or who produced 0'Ag, L cv- y^as identification, and acknowledged that he/she is the person who executed the allove contract with Monroe County for "TINY HOUSE" CONST TION AND DEMONSTRATION for the purposes therein contained. Notary Public JGtiNIvA Wutvl l ay Eri' Sf �r Notary PuwicStatrr t FloridaPrint Name ( n'i'�1- v��+� " Commission # GG U32393 yComm.Expires.Sep 21,2026My commission expires: �'17� L—(✓ 11 onded mr" Alalional Notary Assn. AGREEMENT Page 2 Packet Pg. 1255 • D.3.b "TINY HOUSE" CONSTRUCTION AND DEMONSTRATION 2 EXHIBIT "A" Davis-Bacon Wage Determination 2 N :AGREEMENT Page 2 Packet Pg. 1256 D.3.b beta.SAM.gov Page 1 o .. 2 "General Decision Number: FL20190045 01/04/2019 CJ m Superseded General Decision Number: FL20180088 CD 0 State: Florida 0 Construction Type: Residential U County: Monroe County in Florida. RESIDENTIAL CONSTRUCTION PROJECTS (consisting of single family � homes and apartments up to and including 4 stories) . ote: under Executive Order (EO) 13658, an hourly minimum wage of $10.60 for calendar year 2019 applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded > 0 (and any solicitation was issued) on or after January 1, 201_5- If this contract is covered by the EO, the contractor must pay ._. all workers in any classification listed on this wage cv determination at least $10.60 per hour (or the applicable r� wage rate listed on this wage determination, if it is higher) for all hours spent performing. on the contract in calendar year 2019. If this contract is covered by the EO and a classification considered necessary for performance of work on m the contract does not appear on this wage determination, the 0 contractor must pay workers in that classification at least the wage rate determined through the conformance process set 0 forth in 29 CFR 5.5(a) (1) (ii) (or the EO minimum wage rate, 0 X if it is higher than the conformed wage rate) . The EO minimum wage rate will be adjusted annually. Please note that 03 this EO applies to the above-mentioned types of contracts 0 m entered into by the federal government that are subject Packet Pg. 1257 ionc-//heta cam anv/waue_de.to.rminatinn/F1.).OI QW4510/dnenmernt D.3.b beta.SAM.gov Page 2 GJL , to the Davis-Bacon Act itself, but it does not apply to contracts subject only to the Davis-Bacon Related Acts, including those set forth at 29 CFR 5.1 (a) (2)-(60) . Additional 2 information on contractor requirements and worker protections us under the EO is available at www.dol.gov/whd/govcontracts. 0 An Modification Number Publication Date 0 0 01/04/2019 SUFL2009-084 06/08/2009 Rates Fringes m 0 CARPENTER. . ... . . . . . . . . . . . . . . . . . . .$ 15.83 0.00 c CEMENT MASON/CONCRETE FINISHER. . ;$ 12.81 0.00 0 ELECTRICIAN.. ... . .. .. .. . . . .$ 10.80 C+.ut > HVAC MECHANIC (HVAC System W Installation Only) .. . . . . .. . . .. . . .$ 13.96 a.00 ram. ram. LABORER: Common or General. ... . . .$ 7.25 0.00 LABORER* Mason Tender - wement/Concrete.. . .. . . . . . .. .. .. . :$ 9.00 0.00 c 0 U LABORER: Pipelayer. . :. . . . . . . ... . .$ 9.71 0.60 0 0 0 0 OPERATOR: Backhoe.. . . . .... . .. . . .$ 13.92 0.00 m OPERATOR: Loader.. . ...$ 12.00 G.00 0 FL-:;3.;rBER. . . ... . . . . .. . . . . . . . . . . .... .5 13.23 0.00 Packet Pg. 1258 ttnc-Jfheta_cam.onv/wane-rletPrminatinn/Fi.701 gon45/0/dnrnment beta.SAM.gov Page 3 0 D.3.b ROOFER, Including Built Up 0 and Shake and Shingle.. . . . . . ... . .$ 12.70 0.00 2 TRUCK DRIVER, Dump and Lowboy. . . .$ 11.40 0.00 0 CJ ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing c 0 operation to which welding is incidental. 0 ----------------------------------------------------------------- CJ Note: Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal Contractors applies to all contracts subject to the Davis-Bacon Act for which the contract is awarded (and any m solicitation was issued) on or after January 1, 2017, If this contract is covered by the EO, the contractor must provide employees with 1 hour of paid sick leave for every 30 hours they work, up to 56 hours of paid sick leave each year. Employees must be permitted to use paid sick leave for their own illness, injury or other health-related needs, including 2 preventive care; to assist a family member (or person who is like family to the employee) who is ill, injured, or has other w heaith-related needs, including preventive care; or For reasons cv resulting from, or to assist a family member (or person who is r. like family to the employee) who is a victim of, domestic violence, sexual assault, or stalking. Additional information on contractor requirements and worker protections under the EO is available at www.dol.gov/whd/govcontracts. 0 m 0 Unlisted classifications needed for work not included within 0 the scope of the classifications listed may be added after 0 award only as provided in the labor standards contract clauses UJ (29CFR 5..5 (a) (1) (ii) ) . m 0 m Packet Pg. 1259 httnc-1/hatn cam anv/waaP_rlPtPrminatinn/FT.7(]19(1(]Q5l(l/rinr.�tment beta.SAM.gov Page 4 0 The body of each wage determination lists the classificationU 2 and wage rates that have been found to be prevailing for the cited type(s) of construction in the area covered by the c:a3 U0 determination. The classifications are listed in alphabetical m order of ""identifiers"" that indicate whether the particular CD c _e is a union rate (current union negotiated rate for local) , a .survey rate (weighted average rate) or a union average rate 0 (weighted union average rate) , 0 Union Rate Identifiers A four letter classification abbreviation identifier enclosed C in dotted lines beginning with characters other than ""SU"" or m ""UAVG"" denotes that the union classification and rate were prevailing for that classification in the survey. Example: PLUM0198-005 07/01/2014. PLUM is an abbreviation identifier of the union which prevailed in the survey for this classification, which in this example would be Plumbers. 0198 0 indicates the local union number or district council number 0 where applicable, i.e., Plumbers Local 0198. The next number; 005 in the example, is an internal number used in processing the wage determination. 07/01/2014 is the effective date of the CD CD cv most current negotiated rate, which in this example is July 1, 20 4. Union prevailing wage rates are updated to reflect all rate changes in the collective bargaining agreement (CBA) governing this classification and rate. 0 U 0 Survey Rate Identifiers 0 x Classifications listed under the ""SU"" identifier indicate that m no one rate prevailed for this classification in the survey and the published rate is derived by .computing a weighted average r:tr based on all the rates reported in the survev for that Packet Pg. 1260 bttns:llheta_sam_gnvlwaQe-determi natinnlFi.20190(145101dncument beta.SAM[.gov Page 5 0 uiassification. As this weighted average rate includes all S`.:4` evd i r mar i rv_1 tit�i� DQL!! L!.^.IOR and 0 non-union rates. Example: SULA2012-007 5/13/2014. SU indicates 0 the rates are survey rates based on a weighted average y calculation of rates and are not majority rates. LA indicates 0 U the State of Louisiana. 2012 is the year of survey or. which these classifications and rate's are based. Tic neNt -_u—Lut�r, GO' CD in the example, is an internal number used in producing the wage determination. 5/13/2014 indicates the survey completion date for the classifications and rates under that identifier. 0 Survey wage rates are not updated and remain in effect until a new survey is conducted. Union Average Rate Identifiers Classification(s) listed under the UAVG identifier indicate that no single majority rate prevailed for those classifications; however, 1001 of the data reported for the classifications was union data. EXAMPLE: UAVG-OH-0010 08 r79/70 .4 , U_1kVG. indi.cat�!s that the rate is a weighted union m 0 average rate. OH indicates the state. The next number, 0010 in the example, is an internal number used in producing the wage determination. 08/29/2014 indicates the survey completion date r cv for the classifications and rates under that identifier. N- r. A UAVG rate will be updated once a year, usually in January cf each year, to reflect a weighted average of the current negotiated/CBA rate of the union locals from which the rate is based. 0 U x uJ ----------------------------------- ---------------------------- c WAGE DETERMINATION APPEALS PROCESS Packet Pg. 1261 httnsJ/beta.sam.Q m ov/wave-deterination/FL2019004500Idocument _. e D.3.b _. .� M1.gov Page 6 1.) Has there been an initial decision in the matter? This can be: 0 2 { an existing published wage determination a survey underlying a wage determination 0 CJ * a Waae and Hour Division letter setting forth a position on a Waae determination matter CD c • a conformance (additional classification and rate) ruling c� On survey related matters, initial contact, including requests 0 for summaries of surveys, should be with the Wage and Houi Regional Office for the area in which the survev was conauc.t .d because those Regional urfices have responsibility for the Davis-Bacon survey program. if the response from this initial r contact is not satisfactory, then the process aescribed in z,) m and 3.) should be followed. With regard to any other matter not yet ripe for the formal x;i�c�.ss ^ascribed here- initial contact should be with the y tranch of Construction Wage Determinations. Write to: 0 Branch of Construction ;logo D?torin1n 1-1 4r ,= and U'S. Denart=nt cF r ntcr CD C' 200 Constitution. Avenue; N,W N- r�. 2 ) if the answer to the question in 1.) is ves, then an interested party (those arrected by the action) can request review and reconsideration from the Wage and Hour Administrator Wr3C.e Lc:. U 200 Constitution Avenue, N.1 . z2zh4n^tin„ LAC 20? 0 Packet Pg. 1262 'ftoS:ji beta.sam.eovlwase-determtnarion/r"L20190045f0/document D.3.b �tiAIZOv Pane 7 o ;.he _ cY_ s_ Shoulled be accompanied by a full statement of the ir, cre,s par .. nosirion and by anv information twaae _ 0-ice material. ¢' U etc.) that the reauestor considers relevant to the issue. y 0 U 3.) If the decision of the Administrator is not favorable, an m interested party may appeal directly to the Administrative CD 0 Review Board (tormeriv the waae Appeals board) . write to: 0 0 c� Administrative Review Board 0 U.".. De,_ar:_-,a,-:a:+t of Labor U 200 Constitution Avenue. N.W. .Washinaron DC 20210 ¢' r 4.) All decisions by .the Administrative Review m END GENERAL DECISION y 0 76 0 r cv ram. r ram. 0 0 0 0 0 0 0 x 0 0 0 Packet Pg. 1263 "--- 11--f--.--a*n.nov/wane-determination/FL20190045l0ldocument D.3.b A� 08l08/® CERTIFICATE OF LIABILITY INSURANCE 77— DATE(M /2011'YYY) 19 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 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 N this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Karen Brinkley NAME: Iron Ridge Insurance WINE., : ( ) Ext: (800)775-8526 lUXC No 239 288-7544 4971 Royal Gulf Circle ADORIess: kbrinkley@ironridgeinsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Fort Myers FL 33966 INSURERA: Arch Speciality Insurance Company 21199 INSURED INSURER B RAS Building Commissioning&Restoration,LLC INSURER C: 374 AnSin Blvd. INSURER D INSURER E: 0 Hallandale Beach FL 33009 INSURER F: Ca COVERAGES CERTIFICATE NUMBER: CL1942404568 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 CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE 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 ADDLISUBRI POLICY EFF POLICY EXP r.. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER MMIDD/YYYY MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000 DAMAGE TO RENTED 100,000 CLAIMS-MADE 7 OCCUR PREMISES Ea occurrence $ MED EXP(Any oneperson) $ 10,000 A Y AGL0059249-00 04/24/2019 04/24/2020 PERSONAL&ADV INJURY S 1,000,000 0 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY ❑JECT LOC PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY COMBINEDSINGLELIMIT $ N Ea accident ANYAUTO BODILY INJURY(Per person) $ 0 OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY Per accident $ $ ts. UMBRELLA LIAB OCCUR EACH OCCURRENCE S EXCESS LIAB HCLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ WORKERS COMPENSATION PER OTH- STATUTE ER AND EMPLOYERS'LIABILITY CD y I N CV ANY PROPRIETOR/PARTNER/EXECUTIVE ❑ E.L.EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? NIA I"® P (Mandatory In NH)If yes E.L.DISEASE-EA EMPLOYEE $ ,describe under h DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached If more space is required) RE:Cudjoe Key—RE#00174635-004500 Monroe County is an Additional Insured with respect to General Liabjt(( � V DJAP_ NT BY DA C7 WAIVER tJ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN 0 Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street U AUTHORIZED REPRESENTATIVE C6 Suite 2-216 / Key West FL 33040 '—� @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD Packet Pg. 1264 D.3.b o`� CERTIFICATE OF LIABILITY INSURANCE DATE 817120/Yl'YY) Ac smzols 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). y PRODUCER CONTACT O t+t+MS/ PHONE Brooke Kuemmerle FAX CID CLEAR SPRING PROPERTY&CASUALTY COMPANY .(800)-252-5059 1174 A/c No): 2 East Main Street Ste 208 ADDRESS: bkuemmerle@ccrosi.com Danville,IL 61832 INSURERS AFFORDING COVERAGE NAIC# INSURER A: CLEAR SPRING PROPERTY&CASUALTY COMPANY 15563 ' INSURED INSURERS: OCMI/I/,INC.DBA PEOPAYGO vi RAS BUILDING COMMISSIONING AND RESTORATION,LLC INSURER C: W 1926 HOLLYWOOD BLVD INSURER D: HOLLYWOOD,FL 33020 INSURER E: O INSURER F: U 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 POLIOIES•'DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, _ EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PA6 CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLIOY•EFF—>POLICY EXP. r„ LTR INSR WVD POLICY NUMBER IMMIDDOOMI (MMIDDIYYYY). LIMITS COMMERCIAL GENERAL LIABILITY ' `,' / EACH OCCURRENCE $ � �DAMAGETO RENTED CLAIMS-MADE OCCUR �` 1L��i�'.I.� PREMISES Ea occurrence $ MED EXP(Any one person) S PERSONAL&ADV INJURY S GEN'L AGGREGATE LIMIT APPLIES PER: `� 11�.` `.,•,✓/ GENERAL AGGREGATE S POLICY JE� LOC �,\ PRODUCTS-COMP/OP AGG $ OTHER: �� t \ •`� S \ COMBINED SINGLE LIMIT AUTOMOBILE LIABILITY ��� \.-`�, Ea accident) $ ANY AUTO AUTOS BODILY INJURY(Per person) $ AUTOS ONLY A AUTOS OWNED LED 'L BODILY INJURY(Per accident) $ I \111,,, HIRED NON-OWNED <' PROPERTY DAMAGE $ tt$ AUTOS ONLY AUTOS ONLY Per accident 1 `- $ O UMBRELLA LIAB OCCUR ,�•�I � �'�_ '",� EACH OCCURRENCE S �. EXCESS LIAB CLAIMS-MADE '/ ` \ , AGGREGATE S W DED RETENTION$ 1 r e 1 $ j WORKERS COMPENSATION ; \ ) PER OTH- r" AND EMPLOYERS'LIABILITY X I STATUTE ER CD ANYPROPRIETOR/PARTNER/EXECUTIVE YIN �,�, E.L.EACH ACCIDENT $ 1,000,000 A OFFICER/MEMBEREXCLUDED? NIA '� WC,SBK3300010001 212112019 212112020 t"- (Mandatory in NH) �. e`' E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule,maybe attached if more space is required) COVERAGE PROVIDED FOR ALL LEASED EMPLOYEES BUT NOT SUBCONTRACTORS OF.RAS BUILDING COMMISSIONING AND RESTORATION,LLC APP O WDA MENT COVERAGE EFFECTIVE:81612019 BY DATE 0WA! E CERTIFICATE HOLDER CANCELLATION x MONROE COUNTY BOARD OF COUNTY COMMISSIONERS 1100 SIMONTON STREET,SUITE-2-216 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE KEY WEST,FL 33040 THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 0) ACCORDANCE WITH THE POLICY PROVISIONS. U AUTHORIZED REPRESENTATIVE (B 'f�ooK2{{u�rnm,�/Il2 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD CertReclD:263225 PRJD:318756247 Packet Pg. 1265 PA 0 GREWYE SKYLAKE INS HOLLYWOO COMMERCIAL 3385 SHERIDAN ST HOLLYWOOD,FL 33021 1-954-965-6233 Policy number: 00824092-0 Q Underwritten by: 2 PROGRESSIVE EXPRESS INS COMPANY Ch August 28,2019 C 0 Pagel of 2 A 2 P 0 By DA; Certificate of Insurance WAIVER MN/A `�vl� E E 0 U Cert ificate Holder U) .............................................................................................................................................................................................. < Additional Insured W MONROE COUNTY BOCC 1100 SIMONTON S KEY WEST,FL 33040 E 'a Insured Agent C ...... .. .... . . ...... . ....................................................... RA.S.B.LCOMMISSIONING.DG. . . . . . . . .........................................................................SKYLA.KE INS..H.0 LLYW`.0.0 E AND RESTORATION LLC. 3385 SHERIDAN ST 374 ANSIN BLVD. HOLLYWOOD, FL 33021 HALLANDALE,FL 33009 This document certifies that insurance policies identified below have been issued by the designated insurer to the insured 0 named above for the period(s)indicated. This Certificate is issued for information purposes only. It confers no rights upon 'ru the certificate holder and does not change, alter, modify, or extend the coverages afforded by the policies listed below. 2 The coverages afforded by the policies listed below are subject to all the terms,exclusions, limitations, endorsements,and 0. conditions of these policies. ....... ..................................................................................................................................................................... Policy Effective Date: Jun 19,2019 Policy Expiration Date: Jun 19,2020 C44 1 Insurance coverage(s) Limits BODILY.INJURY/PROPERTY DAMAGE......................... 3 60,660 COMBINED..SINGLE LIMIT........................................................ ............................................................................................................................................................................. PERSONAL INJURY PROTECTION $10,000 VV/$O DIED-NAMED I NSD&RELATIVE U) Description of LocationNehicles/Special Items Scheduled autos only ................................ ............................................................................................................................................ 2012 FRHT 11 M 1 FUBC4CY5CHBV6660 Stated Amount $25,000 COMPREHENSIVE $500 DIED 0 COLLISION $500 DIED ........... ................................................................................................................................................................. 2019 EAST TEXAS TRAILER 58SGB4029KE014972 Stated Amount $17,929 COMPREHENSIVE $500 DIED X Lu E Continued Packet Pg. 1266 D.3.b Policy number: 00824092-0 2 Page 2 of 2 Certificate number 24019NET092 CD Please be advised that additional insureds and loss payees will be notified in the event of a mid-term cancellation. c� Form 5241(10/02) r 0 2 � r N h r h U 0 U X LU Packet Pg. 1267 D.3.b PERFORMANCE BOND 2 Bond Number: 64749371 y 0 KNOW ALL PERSONS BY THESE PRESENTS,That we Ras Building Commissioning and Restoration, LLC of 374 Ansin Blvd, Hallandale, FL 33009 , hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto County of Monroe County 0 ]OR 'and One Hundred Fifty Three Thousand Six Hundred and referred to as the Obligee, in the sum of 00/100 Dollars ($153, 600.00 ), for the payment of which we bind ourselves, our legal representatives, successors and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated the 6th day of August 2019 ,for Tiny House Construction and Demonstration NOW, THEREFORE, if the Principal shall faithfully perform such contract or shall indemnify and save harmless N the Obligee from all cost and damage by reason of Principal's failure so to do, then this obligation shall be null and void; otherwise it shall remain in full force and effect. 6 ANY PROCEEDING, legal or equitable, under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after 0. Contractor Default or within two years after the Contractor ceased working or within two years after the Surety W refuses or fails to perform its obligations under this Bond, whichever occurs first. If the provisions of this Paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. NO RIGHT OF ACTION shall accrue on this Bond to or for the use of any person or corporation other than the Obligee named herein or the heirs, executors, administrators or successors of the Obligee. SIGNED, SEALED AND DATED this 9th day of a ust 2019 Ras Buil iAg Commissioning and Restoration, LLC �uPrincipal) By i ! (Seal) X x WESTERN SU ETY COMPANY By col�UH Norman J Lutz SF',AL Form F4597 Packet Pg. 1268 D.3.b PAYMENT BOND Bond Number: 64749371 KNOW ALL PERSONS BY THESE PRESENTS, That we Ras Building Commissioning and In Restoration, LLC Of C 374 Ansin Blvd, Hallandale, FL 33009 , hereinafter referred to as the Principal, and WESTERN SURETY COMPANY as Surety, are held and firmly bound unto County of Monroe County hereinafter �+ One Hundred Fifty Three Thousand Six Hundred and referred to as the Obligee, in the sum of 00/100 153, 600.00 O Dollars ($ ),for the payment of which we bind ourselves, our legal representatives, successors c, and assigns,jointly and severally,firmly by these presents. WHEREAS, Principal has entered into a contract with Obligee, dated 6th day of August 2019 , for Tiny House Construction and Demonstration copy of which contract is by reference made a part hereof. NOW, THEREFORE, if Principal shall, in accordance with applicable Statutes, promptly make payment to all persons supplying labor and material in the prosecution of the work provided for in said contract, and any and all duly authorized modifications of said contract that may hereafter be made, notice of which modifications to Surety N being waived, then this obligation to be void; otherwise to remain in full force and effect. No suit or action shall be commenced hereunder (a) After the expiration of one (1) year following the date on which Principal ceased work on said contract It 0. being understood, however, that if any limitation embodied in this bond is prohibited by any law controlling 0. the construction hereof such limitation shall be deemed to be amended so as to be equal to the minimum period of limitation permitted by such law. cv (b) Other than in a state court of competent jurisdiction in and for the county or other political subdivision of the state in which the project, or any part thereof, is situated, or in the United States District Court for the district in which the project, or any part thereof, is situated, and not elsewhere. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. SIGNED, SEALED AND DATED this 9th day of �Au ust 2019 i Ras Bui rdng Comm I issioning and Restoration, LLC U; (Principal) By �/ (Seal) 1 � WESTERN SURETY COMPANY (Surety) By < <-�l w�✓1 CORPORATE mo� Norman J Lutz Attorn SEAL Form F8578 `- Packet Pg. 1269 D.3.b Western Surety POWER OF ATTORNEY- CERTIFIED COPY 2 Bond No. 64749371 ur Know All Men By These Presents, that WESTERN SURETY COMPANY, a corporation duly organized and existing under the laws of the State of South Dakota,and having its principal office in Sioux Falls,South Dakota(the"Company"),does by these presents make,constitute and appoint Norman J Lutz its true and lawful attorney(s)-in-fact,with full power and authority hereby conferred, to execute,acknowledge and deliver for and on its behalf as Surety,bonds for: Principal: Ras Building Commissioning and Restoration, LLC Obligee: County of Monroe County 0 Amount: $1,000, 000.00 and to bind the Company thereby as fully and to the same extent as if such bonds were signed by the Vice President, sealed with the corporate seal of the Company and duly attested by its Secretary,hereby ratifying and confirming all that the said attorney(s)-in- fact may do within the above stated limitations. Said appointment is made under and by authority of the following bylaw of Western Surety Company which remains in full force and effect. "Section 7. All bonds, policies, undertakings,Powers of Attorney or other obligations of the corporation shall be executed in the 0) corporate name of the Company by the President, Secretary, any Assistant Secretary, Treasurer, or any Vice President or by such other officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer may appoint Attorneys in Fact or agents who shall have authority to issue bonds,policies, or undertakings in the name of the Company. The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the corporation. The signature of any such officer and the corporate seal may be printed by facsimile." If Bond No.64749371 is not issued on or before midnight of February 1st, 2020 all N authority conferred in this Power of Attorney shall expire and terminate. 0 In Witness Whereof,Western Surety Company has caused these presents to be signed by its Vice President,Paul T.Bruflat, and its corporatp,�e ,to be affixed this 9th day of August 2 019 76 ». > WES SUR Y COMPANY i v Paul T ruflat,Vice President CD 5 E+Q-SQUTI DA7 r, On thi?�'�4ssaa9 `'i day of August in the year 2019 before me,a notary public,personally appeared Paul T. Bruflat, who being to me duly sworn, acknowledged that he signed the above Power of Attorney as the aforesaid officer of WESTEJ� SURETY COMPANY and�acknowledged said instrument to be the voluntary act and deed of said corporation. s J. MOHR r s S AEAE L NOTARY PUBLIC S SaSOUTH DAKOTA�S U Notary Public-South Dakota +yh�ih4hhh454h�+h�shh�s��sy44+ My Commission Expires June 23, 2021 I the undersigned officer of Western Surety Company,a stock corporation of the State of South Dakota,do hereby certify that the attached Power of Attorney is in full force and effect and is irrevocable,and furthermore,that Section 7 of the bylaws of the Company as set forth in the Power of Attorney is now in force. In testimony whereof,I have hereunto set my hand and seal of Western Surety Company this 9th day of August 2019 WES E SUR Y COMPANY E Paul T ruflat,Vice President To validate bond authenticity,go to www.cnasurety.com >Owner/Obligee Services>Validate Bond Coverage. Form F5306-10-2017 Packet Pg. 1270