01/20/2022 Agreement Edelrnira Negron
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19346 Mad Bob Road
SU,garloaf, FL 33042
Job#. 09-2740-20,SH SEWER
INDEPENDENT CONTRACTOR AGREEMENT
Edelniira Nemn, 19346 Mad Bob Road, SLI4IarlOaffl-, 33042- Job#: 09-2740-20 SH
SEWFI�
This Independent Contractor Aoreement is made this 2—ot z-ty OfJMIUary. 2022, by and
between Monroe COUnLy , a political subdivision of the State of Florida, (hucafter
COU11tV) and 3rd'Gene rat ion PlunibiDg, Inc.. (hereinafter referred to as the
"Contractor-), for services described in Scope c-)I' Work-, attachnient A, and C'ontractor,s
proposal, attached hereto and made as part hereof. The parties agree as follows®
I. RI'LATIONSHIP
Nothing contained in this A-reernent shall lie deemed or construed as creatin- any other
I)LlSineSS relationship, partnership or joint ventUrc between Contractor and Monroe
COUrity Board of County Connnissioners/Monroe County Social Services/Monroe
County Weatherization Assistance Program and/or WAP-1,1111.,AP Proorani, and/or
S141P Program (hereinafter referred to as the "CounLy"),
11. SF RVICES TO BE PERFORMED
("ontractor acznrees to provide the services listed in the Scope of' Work (Attachment A) and
in the Contractor's proposal to the satisfaction of the County and in accordance with
federal and state regulations fear the Weatherization Assistancc Program and/or WAP-
L,IHEAP Program, and/or SHIP f)r(-,)gran1,
MAN-NER-OF PERFORMANCE
('0110'aCtOF Shall properly SUPCI-vise and direct completion of weatherization and/or
rehabilitation in=SUIVS Oil all Units assigned under this agreement. Contractor shall be
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solely responsible for coordinatinIg all work conducted Under the contract. Contractor
shall provide and pay for all labor, materials, equipment, tools, equipment/machinery,
transportation, and services necessary for the proper completion of work. (''ontractor
~hall comply with all laws, ordinances, rUICS, I-C-UlatiOns and orders of any
governniental authority hearing on the performance of the work, inClUdin- local building
codes and permits. ContrdCLor shall be responsible for the acts and omissions of
erriployces and subcontractors. Contractor at Lill timcs shaH keep the premises free from
accumulation of waste materials or rubbish caused by the operation. At completion,
Contractor sliall remove all waste and Surplus triaterials and I-Libbild-1 from and abOL11 the
premises, and if applicable, shall clean all ("lass surfaces and shall leave the work
"broom clean."
Edelmira Negron
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19346 Mad Bob Road
Sugarloaf`, Fl, 33042
J(,)b#: 09-2740-20 S11 SEWER
IV. CONFIDENTIALATY
Contractor agrees to keep confidential all client information provided to Contractor
and/or employees by County, excepting such information as is already known to the
public, and not. to release, use, disclose same. directly or indirectly, to any other person
or business, except with prior written permission Of COUnty,
V. NON-EXCLUSIVE RELATIONSHIP
Neither Contractor nor County has an exclusive relationship with the other. Contractor
is free to perform the above described services for any other person or business, so long
,is this does not interfere with Contractor's satisfactory and timely performance of
services for County under this agreement,
V1. SUBCONTRACTS
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Contractor shall not enter into any subcontract with any subcontractor who has been
debarred froin, performing work by any Agency of the United States Government or by
the State of Florida. Contractor shall be fully responsible for the acts or omissions of
Subcontractors, and of persons either directly or indirectly ernployed by there, At no
time shall any contract or agrccinctu between (7ontractor and a subcontractor he
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construed as a relationship, forrnal or informal, between the subcontractor and County.
VII. CONTRACTOR'S GUARANTEE
Contractor -Uarantees all work perfornied for as period of"one (1) year frorn the date of final
accep, Lance: of all work required by the bid proposal. Contractor warrants to the owner and
County that all materials and eLlUipillent USed In [lie work will be new and free of defects,
unless otherwise specified and approved in advance by an authorized representative of'
County, All 111,InUfaCtUrers' and suppliers' written guarantees and warranties covering Such
materials and equipment shall he furnished to the owner or weatheri/,ation household.
Contractor agrees to correct any defects due to faulty workmanship, materials or cqUiptnent
and shall pay for or repair any daniage to other work FeSUltirI&I there from for- a period of one
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year from the (late of final acceptance of the contract work.
VfIf. COMMENCEMEN't OF WORK
Contractor v,'arrants good title to all materials, supplies and equipment incorporated in the
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work and warrants that it is free from any claims, liens, or charges, and that Contractor nor
any other person, firm, or corporation, shall have any right to put a lien upon the premises or
materials, supplies or equipment. Contractor must, contact the homeowner within 7 days of
receivirny a Notice to Proceed and rimst complete all work within 180 days of receiving said
Notice. Contractor will contact the Weatherization Coordinator Upon notice of the event
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Edelnura Negron
19346 Mad Bob Road
Sugarloaf, Fl. 33042
Job#: 09-2740-20 SH SEWER
,151virillm rise to the need for additional days beyond 180. Additional days may be granted Upon
giving
mutual agreement between ("..ontractor and County.
IX, PROTECTION OF WORK AND PROPERTY
Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the work and complying with Lill applicable
laws, ordinances, rules, regulations. Contractor shall take all reasonable precautions for the
safety of,. and shall provide all reasonable protection to prevent clarriage, ini Ury or loss to (I
all employees on the work site and other affected persons, (2) Lill work and materials and
eqUipInlef"It at the site, and (3) other property at the site. Any damage or loss to any property
caused in whole or in part by Contractor, Subcontractor or ernployecs, shall he remedied by
Contractor and COUnty shall be held harmless.
X. CHANGE ORDERS/WAIVERS
Any change orders must be approved in writing by the Owner and occupant if applicable,
Contractor, WcatherizatJon Inspector, and Wcaffierization Coordinator with review and sign
off by the Program, Director, prior to the commencement of such work. Any change order or
work waiver coinnienced prior to aLIth0riZaLi()n shall be considered unauthorized work and
will not be reimbursed by County. if final invoice from Contractor exceeds the Bid Proposal
amount, and no change order was approved, (ho invoice will be approved for only the
allIOUnt quoted in the Bid Proposal.
X 1. COMTEN-S.A. 'I'JON
UP011 issue of permit, Coruractor, at their discretion, can submit invoice for twenty-fi"'Fe
percent (25%) of contract price. ']'his initial invoice will be deemed as progress payment. A
copy of the issued permit ITILISt accent many invoice. Contractor, at their discretion, can
suibinit invoice for fifty percent (50ch) of' contract price upon delivery of all required job
materials to Job site. Verification of material delivery, good condition of materials and
assurance that all materials are secured at job site will he determined and documented by
Weathcrization Inspector, Weatherization Coordinator or Social Services Senior
./\drninistrator. Upon completion of the work, Contractor shall submit final invoice for-
twenty-five percent (25%) of contract price to COUrIty. COUnLyS Weatherization [nspector
and/or "'oordilMtO C r, ontra r,cto , and Owner shall inspect, and approve in writing, the work.
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A final, closed permit will be required with final invoice.
Contractor invoices will be processed for reimbursement Upon verification that all conditions
Linder the agreement have been met. Payments will. be issued in accordance with the Florida
Prompt Payment Act upon the satisfactory completion, post inspections, and verification of
all billing data by the County.
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Edch-rura Negron
19346 Mad Bob Road
Sugarloaf, FL 33042
Job#: 09-2740-20 SH SEWER
X11. INDEMNIFICATION
Contractor a0 reel to be solely responsible, and shall hold harmless the County, its officers,
directors, and employees for any and all claims bl-C)LIght against either Contractor Or COLIFILY,
Or For liabilities incurred by COUnly as a result of actions or omissions by the Contractor,
whether under Workers' Compensation laws, or under any other federal, state, or Municipal
laws, rules or regulations which may be applicable, or any other set of circumstances not
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specifically addresscd herein.
XIII. I.NSURANCE
By the date of the execution of this agreement, Contractor shall procure and maintain for tile
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duration of this agreeincrit, insurance against in' i I(-.S to pers()ns and damages to property which
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pray arise Out Of, or in connection with, the performance of the agreement. Contractor shall
furnish evidence of Commercial General Liability and ALItOrnobile Lizibility. Contractor shall
obtain P0111-ItiOn Occurrence Insurance if required in the Scope ol'Work. 0-niti-actor ,,,-hall add
County to its policies as an additional insured and shall provide a certificate of insurance and
policy endorsement Lis evidence of coverage.
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XIV. WORKER'S COMPENSATION
Contractor will remain in compliance with the Workers' Cornpensuatlon laws for the State of
Florida throuoh the duration of this agreement, Contractor shall provide a certiCicate of
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insurance or letter of'exemption by the elate ofexeCUtiOn Of this aoreen"ient.
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XV. EQYAL EMPLOYMENT OPPOR-rUNITY
Contractor shall not discriminate against any employee or applicant for employment because
of race, color, religion, sex, or nation origin. Contractor will take affirmative action to ensure
that applicants are employed, and that employees, are treated CILIfirill cniployrrient, without
reaurd to their race, color, rcli(yion, sex or national origin. Contractor agrees to post in
conspicuous places, available to employees and applicants for employment, notices setting
Forth the provisions of this nondiscrimination clause. All advcrtisernent will state that all
ClUalificd applicants will receive consideration Without regard to their- race, color, religion,
sex or national origin,
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XVI. COPE LAND "ANTI-KICKBACK" ACT
Contractor shall comply with the provisions of' the federal Copeland "Anti-Kickback" Act
and agrees to mandate such ctmipfiance by its subcontractors, Contractor or- its
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subcontractors shall not in any way induce an CnIpIOyeC to -iVC up any part of the
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compensation to which he/she is entitled under his/her contract for employment.
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Edelrnira Negron
19346 Mad Bob Road
Sugarloaf, FI, 3304'2
.lob#: 09-2740-20 SH SEWER
XVIL CO NTR ACT WORK HOURS AND SAFT"'Y STANDARDS ACT
Contractor shall comply with the provisions of the federal Contract Work Hours and Safety
Standards Act. Contractor shall compute waucs of every mechanic and laborer on the basis of
a standard 40-11OUr work week. For work in excess of the standard work week, Contractor
shall compensate workers at a rate of' riot less than 1 !,12 times the basic rate of pay for all
hours worked in excess of 40 hours in the work week. Contractor shall not require any laborer
or mechanic to work in SUrroundin-s or Linder working conditions that are Unsanitary,
hazardous, or dangerous,
XvH LEAN AIR/WATER ACT AND FEDERAL, WATE'R POLLUTION CONTROL
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l"or contacts of S100,000 or more, Contractor and its SUbcontractors shall comply with all
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applicable standard orders or requirements iSSUCCI Under section 306 " "In Air Act,
Section 509 of the Clean Water Act, and the Fedcral WAer- Pollution Control Act.
XIX. BYRD ANTI-LOBBYING AMENDMENT
For contracts of $100,000 or more, Contractor certifies that he/she will riot and has not used
1:`cderal appropriated funds to pay any person or organizmon for influencing or atteniptino to
influence all officcr or employee of any federal agency, a member of Congress, officer or
employee of Congress, or an employee of a membu of Congress in connection with obtainim,
any l"'ecleral contract,, grant, or any other ZMArd covered by 31 U.S.C. 1351
XX. QlSA..(..'JRl-+I'MENTS AND D-ISPUJIS,
In the event that either Contractor or County
conimence an action for dama�es, in junctive
relief, or to enforce the provisions of this agreement, and either party prevails in any SLICII
action,the prevailing party ,;hall be entitled to an award of its reasonable attorneys' fees ancl all
Costs hICLUTOCI in connection therewith as determined by the COIn't HI any SLICII LICtiOn,
XXI. GOVERNING I-AW
]'his agreement shall be governed in accordance with the laws of the State of Florida, Enid
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venue for any action enforcing the terms of this Agreement shall he Monroe C.ounty, Florida.
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XXIL ASS-IGNMENT
This agreement may not be assigned without prior written consent of both parties. This
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aureernent will be binding upon, and will inure to the benefit of, each party'; pernritted
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successors and assigns.
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Edelmira Negron
1.9346 Mad Bob Road
Sugarloaf, Fl- 33042
Job#: 09-2740-20 SH SEWER
X X I I I. S E V-ER-A-B I L ITY
The parties agree that the covenants of' this agreement are severable and that if any single
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ciaLISC OF CkILISeS shall be found unenforceable, the entire ai:,ireenicrit shall not fail bUt shall be
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construed and enforced WithOUt any severed clauses in accordance with the terms of this
agreement.
XXIV. DURATION AND TERMINATION
11' Contractor (1cfaull's or neglects to carry 01,11, any work in accordance with this agreement or
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fails to perform or comply with any provision of this agreement, the County may, after
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written notice to Contractor, make 'ood such deficiencies and rnay deduct the cost incurred
�from the payment due to ConLractor andJor County may terminate the contractor's services and
take possession of the site and of all materials, equipment, tools and construction eLlUiptnent,
arid machinery owned by Contractor, WhiCh Were pUrC11,1SOCI with weal herization and/or
WAP-1.11-IEAII funds, and may finish the work. It" the expense of finishing the work exceeds
the Unpaid balance to Contractor, Contractor shall be liable for payment of' the difference to
Count . Contractor and County can terminate the services contemplated this at
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any time for any reason Upon 7 calendar days notice to either party. Contractor shall lie
reqUil-CCI to satisfactorily finish all work in progress PrIor to termination of the services.
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Failure to (10 SO by Contractor'Shall, rCSLllt in f'OrfC1tUre of payment for any work- in progress,
XXV. EXAMINATION AND RETENTION OF ("ONTRACTOR'S RECORDS
Contractor shall retain records relatin:, to this contract for four years after final payment is
made this agreement. If M1 al-idit, litigation, or other action involving the, records is Started
before the end ofthe four-year period, records PIUSt be retained until all iSSLIeS arising Out of the
action are resolved, Or Until the end elf the f"01.11--year period, whichever is later, COUrity, Or any
of its authorized representatives, shall have access to Contractor records.
XXVI. PUBLIC ACCESS
The County and Contractor shalt allow and permit reasonable access to, and inspection of" all
dOCUments, papers, letters or other inaterials 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 agreement; and the County shall have the right to
unilaterally tern-finate Contractor's services LIP011 violation of this provision by Contractor.
XXVIL HEADINGS
The headings contained in this aoreernerit are fear r reference purposes truly and shall not affect
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the meaning or, interpretation of this agreement.
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Edch-,c iru 'N"C'u'ron
I QK6 Nbd Bdi Rwd
Sugailoa�', Fl, 3,3042
Jnh#: 09-2740-20 SH
Uq "ITNESS \VHFJZ0F, utnd 0muscmr have execuied thli Indepudum Qonvucto�
?,yrcc-mem 'Is (".4,0,�-d,ac filq
W, f"N 5 us �-jr MONR C)
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Wn's Glumy WAPALKiNsisaor
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MONROE COUNTY ATTORNEY
PPROVED AS TO FORM CAMRAMM
Awl"rVIYUNAAA, ,-�4(I
ASSISTANT COUNTY,,ATTO�
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me known to he We pemon doni Wd hovin and Wi evecutod the Mc gong 1.1wnwat
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JAYSON MASSARO
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MY COMUSSION#HH 076118 PLJ6f'J(: SIGNATURL.,� ,A
SPIRES:January j2M5
So"Thru Natuy PuNic uwer#dwm
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Edelmira Negron
19346 Mad Bob Road
Sugarloaf, FL 33042
Job#: 09-2740-20 SH SEWER
ATTACHMENT A: SCOPE OF WORK
All weatherizalion or rehabilitation measures to be provided to homes governed by this
agreement must he in accordance with the "Pre-Work Order Agreement", "Bid Proposal/Job
#M-?740-20 SUI SEWER" and the Weatherization Assistance Progmarn anct/or WAP-LIHEAP,
and/or SHIP Proarani rules and regulations. The following; are the procedures for completing
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the Scope of Work per this Agreement:
1. Contractor shall provide such mcaSLires as determined by the Prc-Work Order
Aoreement. and Bid Proposal/Job #: (l9..-2740-20 S11 SEWER provided to Contractor by
County.
2. I.Jpon receipt of the Pre-Work Order Agreement, Contractor shall provide County a
quote via as b1cl proposal per home for the cost of corripletion of weatherizalion measures as
indicated in the Pre-Work Order(s).
3. Contractor shall comply with all laws, ordinances, rules, regulations and orders of
any governmental authority bearino on the performance of the �,vork, including local building
codes and perinits.
4. County's Weatherization Inspector, Weatherization Coordinator, and Program
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Director shall approve the quotes Lind issue a Notice to Proceed to Contractor. The Notice to
Proceed shall contain the Ownef/OCCUpant name, address and telephone numbers.
S. Gontractor shall contact all Owner'/(.)CCUpants listed in the Notice to Proceed within 7
clays of' receipt of the Notice and shall complete all work within 90 days of receipt of the
notice. Contractor Will contact the Wcatherization. Coordinator Upon notice of the event
giving rise to Ilic need for additional days beyond 90. Additional clays nray be granted upon
inutual agreement between Contractor and County.
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6. Contractor shall follow the Pre-Work Order as Written by County and approved by
Owner/OCCUpant.
7, 11' Owner/Occupant refuses a nicasure, Contractor shall contact Weatherization
Inspector immediately and the Owner/Occupant and the County will document same in the
client's file, If the Wf'USal Will Cause the County to be in non-compliance, it RILLSa he refer-red
to the Wcat.herization Coorclinutor and the Pro-ram Director who will advise the client that if
the measure prevents elimination of air infiltrations, County cannot proceed With
weatherizing the horne unless the Owner/Occupant approves the measure. To the extent
possible, all measures approved for the unit should be reviewed by staff with Owner/OCCLIpanL
in pre-work phase and approval obtained in writing before commencing work. The only
exception would be in the rare case of change orders due to unforeseen conditions as outlined
fit Bid Proposal Addendt.1111, X., Change Orders/Waivers.
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