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HomeMy WebLinkAboutHiggs Beach Tennis Courts, KW 08/05/2025 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS $1,00,000.00 and Under Tiki Huts Effective Date: July 31,2025 Expiration Date: 30 Days after NTP Contract Purpose/Description: One NEW TIKI HILT 1OX16 SINGLE ROOF at Higgs Beach Tennis Courts *SYNTHETIC* Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Tammy Acevedo 8776 Parks & Beaches/Stop#2 CONTRACT COSTS Total Dollar Value of Contract: $ 12'020.00 Current Year Portion: $ (must be$100,000.00 or less) (If multiyear agreement then requires BOCC approval,unless the ist 11 aint ihlii�c 4Imt ni is sl00,000.00 or lw�kk). Budgeted? Yes No� Grant: $ County Match: $ 0.00 Fund/Cost Center/Spend Category: 20502-00038 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial,salaries,etc.) Insurance Required: YES W NO W CONTRACT REVIEW Reviewer Date In Department Head Signature: John Allen Digitally signed 1 John All-0 Date'.2025.07.3 13'.21'.OB-04'00' Ana Walter Digitally signed by Ana Walter County Attorney Signature: Date''2025 08'0110'.39'22-04'00' Jaclyn Flatt Digitally signed by Jaclyn Flatt Risk Management Signature: Date''2025'08'0110'.45''49-04'00' Purchasing Signature: Lisa Abreu Digitally signed 1 Lisa Abreu Date'.2025.08.0 11'.23'.48-04'00' Andrew Roltsch Digitally signed by Andrew Roltsch OMB Signature: Date'.2025.08.01 13'.38'.36-04'00' Comments: Revised BOCC 4/19/2023 Page 84 of 105 Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the July , 2025 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: Tiki Huts by Advance Construction Corp. 19401 S.W 187 Ave.. Miami, FL 33187 For the following Project: One 10x16 Single Roof (Synthetic)New Tiki Hut at Higgs Beach (Tennis Courts) 1000 Atlantic Blvd. Key West, FL 33040 Scope of the Work The Scope of Work shall include, but not be limited to all labor, supervision, materials, power, tools, equipment, supplies, permits, and any other means of construction necessary or proper for performing and completing the Scope of Work, unless otherwise specifically stated. Work shall include one NEW TIKI HUTS 1OX16 SINGLE ROOF *SYNTHETIC Scope of work shall include the following: 1. The Contractor shall obtain all necessary permits, including any fees, as a part of the Proposal. 2. The Contractor shall provide labor, equipment, and all of the needed materials and hardware to complete the project and properly dispose of debris. See General Conditions. Page 1 of 26 3. The Contractor shall provide storage containers for material, as needed. 4. The Contractor shall provide necessary waste disposal and daily clean up. 5. The Contractor shall provide adequate security to protect delivered products from theft, vandalism, or damage during the installation. 6. Installation shall commence upon delivery and proceed without interruption until complete. Contractor Responsibilities: A) The Contractor shall coordinate all activities with the Monroe County Parks and Beaches Department. Contact: Tammy Acevedo at 305-453-8776 B) The Contractor is required to provide protection for all existing surfaces including, but not limited to: ii. Existing fencing and building iii. Vehicles and Personal Property iv. Landscaping C) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. D) The Contractor shall load, haul, and properly dispose of all construction debris and materials. E) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. F) The Contractor shall furnish all required work site safety equipment. G) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. H) Construction work times shall be limited to: Times specified by Monroe County Parks and Beaches 1) All materials must be approved by submittal prior to commencement of work. J) The Contractor needs to be aware of weather and location and plan accordingly. K) The Contractor needs to be aware of the facility, its residents, and staff with unusual schedules and plan accordingly. L) The Contractor shall provide a safety lift plan for any crane/hoist work. M) If applicable, Contractor shall provide paper or electronic copies of all original device specifications, warranties, maintenance schedules, shop drawings, permits, repair and maintenance contacts, and any other information necessary for the proper function and maintenance of the equipment. N) The Contractor shall provide a schedule for all phases of the project. Page 2 of 26 O) The Contractor shall coordinate all activities with concurrent site work being performed, if any. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), , Specifications, and all required insurance documentation, and Modifications issued after execution of this Agreement. The Contract represents the entire and integrated agreement between the parties hereto and supersedes prior negotiations, representations or agreements, either written or oral. An enumeration of the Contract Documents, other than Modifications, appears in Article 10. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: N/A ARTICLE 3 Date of Commencement and Substantial Completion 3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the Owner. The Contractor shall achieve Substantial Completion of the entire Work not later than Thirty (30) 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, modified by all approved extensions in time as set forth by the Director of Parks and Beaches 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. 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, Page 3 of 26 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 after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project; (each, a "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 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 additional time at no cost to the County as the Owner's Representative may determine. The Contractor may only seek a no cost Change Order for such reasonable time as the Owner's Representative may determine. 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 Nineteen Thousand, Two Hundred,Twenty and 00/100 Dollars ($19,220.00), 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: N/A ARTICLE 5 Progress Payments [Not Used] ARTICLE 6 Final Payment 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 and the work has been accepted by the Owner 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 Parks and Beaches. Such final payment shall be made by the Owner not more than twenty (20) 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: A. Warranties, bond and guarantees. B. Operating and maintenance data, instructions to the Owner's personnel. C. Spare parts and maintenance materials. D. Proof of permit closure. Page 4 of 26 E. Evidence of release of liens, if any. 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 Annual Appropriation. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated, and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. 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, proposal, or reply on a contract to provide any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract to supply any goods or services to a public entity, may not submit a bid, proposal, or reply on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids, proposals, or replies on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes for CATEGORY TWO for a period of thirty- six (36) months from the date of being 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 period of seven (7) years from the termination of this Agreement or in accordance with the State of Florida retention schedules (https://dos.fl.gov/library-archives/records- management/general-records-schedules/), 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 seven (7) years following the termination of this Agreement. b) 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 Page 5 of 26 documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or by the Monroe County Office of the Clerk of Court and Comptroller (hereinafter referred to 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 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 verifications such as, but not limited to, counting employees at the job site, witnessing 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 ten (10) years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. If an auditor employed by the County or County 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 Section 55.03, Florida Statutes, running from the date the monies were paid to Contractor. The Right to Audit provisions survive the termination or expiration of this Agreement. c) Governing Law, Venue, and Interpretation. 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 will lie exclusively with 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. d) 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. e) 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. Page 6 of 26 f) 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. g) 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. h) 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. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. i) 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. This provision does not negate or waive the provisions of Section 7.4, Section 7.6 or Article 9 concerning termination or cancellation. j) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. The County and Contractor specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. k) Nondiscrimination/Equal Employment Opportunity. 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 VI I of the Civil Rights Act of 1964 (PL 88-352), which prohibit 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 disability; 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 patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing Page 7 of 26 of housing; 9) The Americans with Disabilities Act of 1990 (42 USC § 12101 Note), as may be amended from time to time, relating to nondiscrimination in employment on the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; and 11)Any other nondiscrimination provisions in any federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. During the performance of this Agreement, the Contractor, in accordance with Equal Employment Opportunity(30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order 11246 Relating to Equal Employment Opportunity, and implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶C, agrees as follows: 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 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 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. 4. The Contractor will send to each labor union or representative of workers with which it has a collective bargaining agreement or other contract or understanding, a notice to be provided, advising the said labor union or workers' representative of the contractor's commitments under this section, 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 Page 8 of 26 24, 1965, and of the rules, regulations, and relevant orders of the Secretary of Labor. 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 administering 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 clauses of this contract or with any of the said 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. I) Covenant of No Interest. The 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. m) Code of Ethics. The County agrees that officers and employees of the County recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. n) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Page 9 of 26 o) Employment or Retention of Former County Officers or Employees. The Contractor warrants that it has not employed, retained or otherwise had act on its behalf any former County officer or employee in violation of Section 2-149, Monroe County Code of Ordinances or any County officer or employee in violation of Section 2-150, Monroe County Code of Ordinances. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances. p) Public Records Compliance. The 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. a. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. b. Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this contract, the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon request from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. (3) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the County. (4) Upon completion of the contract,transfer, at no cost, to the County all public records in possession of the Contractor or keep and maintain public records that would be required by the County to perform the service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon completion of the contract, the Contractor shall meet all applicable Page 10 of 26 requirements for retaining public records. All records stored electronically must be provided to the County, upon request from the County's custodian of records, in a format that is compatible with the information technology systems of the County. (5) A request to inspect or copy public records relating to a County contract must be made directly to the County, but if the County does not possess the requested records, the County shall immediately notify the Contractor of the request, and the Contractor must provide the records to the County or allow the records to be inspected or copied within a reasonable time. If the Contractor does not comply with the County's request for records, the County shall enforce the public records contract provisions in accordance with the contract, notwithstanding the County's option and right to unilaterally cancel this contract upon violation of this provision by the Contractor. A Contractor who fails to provide the public records to the County or pursuant to a valid public records request within a reasonable time may be subject to penalties under Section 119.10, Florida Statutes. The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public records unless or otherwise provided in this provision or as otherwise provided by law. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS, AT PHONE NO.: (305) 292-3470, PUBLICRECORDS@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH STREET, SUITE 408, KEY WEST, FL 33040. q) Non-Waiver of Immunity. Notwithstanding the provisions of Section 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. r) Privileges and Immunities.All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the County, when performing their respective functions under this Agreement within the territorial limits of the County shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of the County. s) Legal Obligations and Responsibilities: This Agreement is not intended to relieve, nor shall it be construed as relieving, any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Page 11 of 26 t) Non-Delegation of Constitutional or Statutory Duties: This Agreement is not intended to authorize, nor shall it be construed as authorizing, the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. u) 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. v) Attestations. The Contractor agrees to execute such documents as the County may reasonably require, to include, but not limited to, a Public Entity Crime Statement, an Ethics Statement, a Vendor Certification Regarding Scrutinized Businesses, and an Affidavit Attesting to Noncoercive Conduct for Labor. w) No Personal Liability. No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. x) 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. If any signature is delivered by email delivery of a".pdf'format data file, such signature will create a valid and binding obligation of the party executing (or on whose behalf such signature is executed) with the same force and effect as if the ".pdf' signature was an original signature. The Contractor's transmitting an electronic signature will provide the inked original to the County, at the County's request. y) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, and/or to the fullest extent permitted by law, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar Page 12 of 26 value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in this Agreement. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. z) 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. aa) The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. bb) Agreements with Subcontractors. In the event that the Contractor subcontracts any or all of the work in this project to any third party, the Contractor specifically agrees to identify the COUNTY as an additional insured on all insurance policies required by the County. In addition, the Contractor specifically agrees that all agreements or contracts of any nature with its subcontractors shall include the COUNTY as additional insured. cc) Independent Contractor. At all times and for all purposes under this Agreement, Contractor is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this Agreement shall be construed so as to find the Contractor or any of its employees, subcontractors, servants, or agents to be employees of the Board of County Commissioners of Monroe County. dd) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract and shall expressly require any subcontractors performing work or providing services pursuant to the Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the subcontractor during the Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of Section 448.095, Florida Statutes. ee) Entire Agreement. This writing embodies the entire agreement and understanding between the parties hereto, and there are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing, approved by the Board of County Commissioners, and signed by both parties before it becomes effective. ff) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Page 13 of 26 gg) 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. 7.7 Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery and delivery pre-paid. The place of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided in this paragraph. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery. Notice shall be sent to the following persons: For Contractor: Tiki Huts by Advance Construction Corp. 19401 S.W 187 Ave.. Miami, FL 33187 For Owner: Director of Parks and Beaches Assistant County Administrator 2798 Overseas Hwy, Suite 400 1100 Simonton St. Suite 2-205 Key West, Florida 33040 Key West, Florida 33040 County Attorney 1111 121h Street, Suite 408 Key West, Florida 33040 ARTICLE 8 Insurance 8.1 The Contractor shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event 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. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of A: VI or better, that is licensed to business in the State of Florida and that has an agent for service of process within the State of Florida. The coverage shall contain an endorsement providing sixty (60) days' notice to the County prior to any cancellation of said coverage. Said coverage shall be written by an insurer acceptable to the County and shall be in a form acceptable to the County. 8.3 Contractor shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Chapter 440, Florida Statutes. Page 14 of 26 B. Employers' Liability Insurance with limits of $500,000 per Accident, $500,000 Disease, policy limits, $500,000 Disease each employee. C. Comprehensive Business Automobile and Vehicle Liability Insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with $200,000 per person, $300,000 per Occurrence, $200,000 Property Damage or $300,000 combined single limit. D. Commercial General Liability Insurance, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the Contractor or any of its employees, agents or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with $1,000,000 Combined Single Limit E. An Occurrence Form policy is preferred. If coverage is changed to or provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported must extend for a minimum of 48 months following the termination or expiration of this contract. F. County shall be named as an additional insured with respect to Contractor's liabilities hereunder in insurance coverages identified in Paragraphs C and D. G. Contractor shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of Contractor if so required by County during the term of this Agreement. County will not pay for increased limits of insurance for subcontractors. H. Contractor shall provide to the County certificates of insurance or a copy of all insurance policies including those naming the County as an additional insured. The County reserves the right to require a certified copy of such policies upon request. I. If the Contractor participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the Contractor may be required to submit updated financial statements from the fund upon request from the County. ARTICLE 9 Termination or Suspension 9.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 9.2 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) calendar days' written notification to the Contractor. 9.3 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. Page 15 of 26 9.4 Termination for Cause and Remedies: In the event of breach of any contract terms, the County retains the right to terminate this Agreement. The County may also terminate this Agreement for cause with Contractor should Contractor fail to perform the covenants herein contained at the time and in the manner herein provided. In the event of such termination, prior to termination, the County shall provide Contractor with seventy-two (72) hours' written notice and provide the Contractor with an opportunity to cure the breach that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract; however, the County reserves the right to assert and seek an offset for damages caused by the breach. The maximum amount due to Contractor shall not in any event exceed the spending cap in this Agreement. In addition, the County reserves all rights available to recoup monies paid under this Agreement, including the right to sue for breach of contract and including the right to pursue a claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code. 9.5 Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon thirty (30) days' written notice to Contractor. If the County terminates this Agreement with the Contractor, County shall pay Contractor the sum due the Contractor under this Agreement prior to termination, unless the cost of completion to the County exceeds the funds remaining in the contract. The maximum amount due to Contractor shall not exceed the spending cap in this Agreement. 9.6 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. 9.7 For Contracts of$1,000,000 or more: (1) If the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, the County shall have the option of(1) immediately 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, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. (2) If the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the Sudan List, or if the Contractor/Consultant has been placed on a list created pursuant to Section 215.473, Florida Statutes relating to scrutinized active business operations in Iran, or been engaged in business operations in Cuba or Syria, the County shall have the option of (1) terminating the Agreement, or (2) maintaining the Agreement, at the County's option, if the conditions of Section 287.135(4), Florida Statutes, are met. ARTICLE 10 Enumeration of Contract Documents Page 16 of 26 10.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/A 10.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and Contractor. 10.1.2 The General Conditions are the General Conditions of the Contract for Construction. By signing this Agreement, the Undersigned has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction, found at the following link on the Monroe County webpage: //fill moniroecoun.l „cliivliic Illus„com/14 Bids„as x Calllll ,,,,,,.11 ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,y,,,,,,,,,,,,,,..........................P,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.......................... 10.1.3 Not Used. 10.1.4 The Addenda, if any, are as follows: N/A This Agreement is entered into as of the day and year first written above. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 17 of 26 -mculhq sy tho ConhacOr m � Me Yj;, wevor, a-no4y to bmd the enbly !IGNATURE OF THE PERSON EXECUNNG -YF D Q�UMENT MUST BE NOTARVED, Y,OE , FLIIIC'IIRH IP6111 Digitally signed by Christine Christine Why H u r I e Date:2025.08.05 y 07A9 11 04T0' v Y v 0 u m SA Lc Q On tNs TINY 0"",—,""1 L�'�,,/ vvwe thr, ui 01'l"/J ,O , Wy by n �,-3 W, knum to in v A Uw pavor Wose namyQuUmbed Ame ov woo onknoodedj Afholshe I Me pemmi 0'(,ecute��,,f ttu',, w)vve conbacA qW 'Aanmi Com:v '�r,c ktstaVatk:�vrt M) 'W4.) �4EW 7lKP,, b IYTS 100XIC"i + IOXID SINGLQARGCF "SYNTHETTI, MwAn arMhed IJA JI'l t"'Alryry it Llr Vi`aaif i f df d ASSIC All F E, ";f fk '40.� G,,l q Ic"1"14 my, �!�c mnm� pqtJ, Ape IS A 211"1 VIIIIIIOIIIIIIIVIOIONIIIIIIIIIIIWW GENERAL REQUIREMENTS Where Parks and Beaches is Not a Constructor Section 00750 General Conditions Section 00970 Project Safety and Health Plan Section 00980 Contractor Quality Control Plan Section 01015 Contractor's Use of the Premises Section 01027 Application for Payment Section 01030 Alternates Section 01040 Project Coordination Section 01045 Cutting and Patching Section 01050 Field Engineering Section 01200 Project Meetings Section 01301 Submittals Section 01310 Progress Schedules Section 01370 Schedule of Values Section 01385 Daily Construction Reports Section 01395 Request for Information— (RFI) Section 01410 Testing Laboratory Services Section 01421 Reference Standards and Definitions Section 01500 Temporary Facilities Section 01520 Construction Aids Section 01550 Access Roads and Parking Areas Section 01560 Temporary Controls Section 01590 Field Offices and Sheds Section 01595 Construction Cleaning Section 01600 Material and Equipment Section 01630 Post-Proposal Substitutions Section 01640 Product Handling Section 01700 Contract Closeout Section 01710 Final Cleaning Section 01720 Project Record Documents Section 01730 Operation and Maintenance Data Section 01740 Warranties Page 19 of 26 EXHIBIT A Required County Forms Exhibit B Page 20 of 26 OS1111111 HNG AND C'C'°W 'Pll...K OF p lERESI CIAUS ' SlPvW�Zdp S I. ..I:EMEN� a' ��dp0����i��� 0"10,1990 �i �"'Ili alp�WE(":0W,LII'IN "Y 'di'm IIL(.(1I111!!UD" 1' T p p1IC, a CLX,.J"41'... th �� �4ty� errjp kGt yr,''id, l a:Sa"riied tyu�° Q:1S�ur.l N^a€u"�i e had d act o�"p �°u1.�r� s �:eha Y any R r'li��P!�r.. by �ua.F� 1 r a;"�. a�rx,rii9. rx�lra�aANu° rxr enirpoaprxaee Sri ,rirxWn rxfS�tr (,xiu 2 rxr per,f,: iiance No, OW990 or any County rM+rmrw r:a- emprGr:Vr.rr. u rrurxGarSbr'°i�of°ea:db r 3 o pXdi i,•'?fir`ce Nc. 0 1(l p99(p ). 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PUBLIC ENTITY CRIME STATEMEWT who has be or pJamd on he cawkwd vendcwIKHoHaw&q a Cw( '0km!w PAQW0 Winnr,rr�ny not a hW nn a cw&W to pmoN, wq9c0d,,or ;(­,i'viees to A PUI)kr, rnay iniol s,.xt)rM a bd an a wWac'i,°A,,'Wl 4j r�wb�ic t nlity f""rr Of nqjw� ,at a btiOdiv°g or work, may nn� 0! proposaly or ispHes an feasen o! real pmpeny & PuNk eMAJ may no be awwdW or pckmr work as a cmw adix, "wwW ww"no M, or CONTRACTOR umWr a oxnaw w1h wV p=c einWi ' s,jw rniy nc)[ uBrrsacl InKness wah imy pudc e0ty, m exc�-�ss c,f'0K'j t'4IreShOW :�HVQUM PE,'0de(J SecInn 287 017, FIMS SMWNS for Rx a hew of 36 friorn 0,,e date r,�J bekig n6th'"""f — (.......... Wamd on Ow us NOW wwW7 mlItn;WWVJI'J�YV-"'[x (�V3"'rronths STME 04 CAN JNry (w SAambed wA soon 4 n"'trrq of Von) I krown "o is of "y va Page M W215 ....................... ............................................................... 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Pro:wu rM m)vo ry now is ru eoflr'yyr iio'y Scn,0 Iyo,'Qd CWWWK!� -tn yy,aqvqes a I", Yan ramow Sncmrs m crungdged ry j M U Y1 1 G S,Q ry j 7 a 4 8 SS, 1 Nj S u 1 M v S s I o I� o a ""0 y;, SV b P b L, b Vo I y�e, 1, re""s a,b I"J", jS u, n W A M Mo W K W a"I a 0 M1 M I Von C a a M a"i e i�n cmax, s Sund W hmu swmAeo a Me mMAN r or Nby � On MAKnd CM,WMvq K* BWUN SMY Let or engaged P a My= of Mel or AM w b Anuniss n ArAbon m,wTo Gbour wd Cowanks MhAdmIcynin Am QAr inammm v - Y'S by" I'y syr'Iui �Aotm I s m,yaw SpHnq 287 —yly v"Myn Fl, IVI@ labP4 (,�kyouj, bIvMWNv wpm "Aw—, A"a— PrAq Mm �I q!ojfWnw�o-nip W 24 0 2�5 ............. ......................................................................Al............ ............................................................ ....... EXHIBIT B CONTRACTOR PROPOSAL Exhibit B Page 25 of 26 Exhibit B Page 26 of 26 L 1. - i. l by Advanced Construction Corp. State Certified: CY-0000002 19401 S.W. 187 Avenue • Miami,FL 33187 Dade (305)259-0099 • Keys(305)664-0099 • Ft. Myers (239)368-9988 www.tikihuts.com CONTRACT Date 7/24/2025 Sales Rep. JAVIER HERNANDEZ 305-986-4305 Contract Submitted To: Job Site: Customer: Customer: Monroe County Parks and Beaches Higgs Beach Address: Address: 2798 Overseas Highway, Suite 400 1000 Atlantic Blvd City: 33 State: Zip: City: State: Zip: Marathon FL 33050 Key West FL 040 Tel: TAMMY - 305-783-8331 Fax: Tel: Fax: We hereby propose to furnish the materials and perform the labor necessary to do the following work on the property above: NEW TIKI HUT 10X16 SINGLE ROOF *SYNTHETIC All material are guaranteed to be as specified,and the above work to be performed in accordance with the specifications submitted for,and completed in a substantial workmanlike manner for the sum: $11 ,520.00 + Permit Fee $500.00 Payment Arrangement: ❑ New Contract: 50%deposit upon signing contract,40%day of commencement and final payment due on date of completion. ❑ Rethatch Contract: Deposit for materials, remaining balance due on date of completion. Acceptance of Contact Proposal: The above prices,specifications and conditions are satisfactory. I have read the terms and conditions on the reverse side of this contract and are hereby accepted.You are authorized to do the work as specified. Payment will be as specified above. There is a 3%convenience fee for all credit card transactions. Property owner is responsible for all underground utilities, i.e.water, phone,cable etc. resetting of pavers or decks. Due to the nature of the thatch roof not all leaves may be green. Accepted by: Date: Print Name: Terms and Conditions 1) Any changes,alteration or deviation from the above specifications will only be executed upon written change orders and will be an extra charge over and above estimate.Owner is responsible for all fees,including but not limited to,building permits and zoning or inspection fees.Builder is not responsible for any delays caused by strikes,accidents,acts of nature,or delays cause by things beyond builders control—permits and inspections included.Once the materials have been ordered this contract cannot be cancelled.Customer is responsible for all underground utilities and electrical installed inside or around the Tiki Hut. 2) When this is a rethatching contract,builder will change up to three(3)leaf carriers up to 10'long.There will be an additional charge for anything over three(3)pieces. 3) Tiki Hut will repair leaks for a period of 3 years from the day the Tiki but is complete.Our guarantee is limited to our materials and labor.We DO NOT guarantee against valleys,hurricanes,windstorms,fire,damages from birds,foreign materials or leaves falling on the structure,or any acts of nature. Should any leak occur within the warranty period due to defect in materials or our workmanship,we will repair same without charge.Notice of leak must be sent to company by fax,along with a copy of invoice,and proof that all amounts due to the company have been paid in full. 4) Tiki Hut and any of its directors,officers,employees,or other representatives will NOT be liable for loss or damage to any electronics,appliances,fixtures (ceiling fans,TV's,radios,stereo components,lights,existing electrical wiring,sprinklers,water pipes,electrical outlets,or personal items—including glass or clay items,etc.)arising out of,or in connection with,the rethatching,construction,demolition,or repair of any structure.This is a comprehensive limitation of liability that applies to all damages of any kind,including and not limited to,compensatory,direct,indirect or consequential damages or damage to property and claims of a third party.The property owner/renters are solely responsible to take down,remove or store any of the items mentioned above. 5) New structure proposal is valid for thirty(30)days from the date on the proposal.Fire retardant is not included in our price unless specified on page 1.If retardant is required by the building department,it will be done with an additional charge to customer.Ifso required,customer agrees to pay this additional charge. CONTRACT DEFAULT BY OWNER—The parties herein agree that any delays and/or interruptions of work caused by the owner,whether by intent or neglect shall constitute default and breach of this contract by the owner. Failure to make contract progress payments promptly when due shall constitute default and breach of this contract by the owner.The parties herein agree that in case of default and breach of contract by the owner,the contractor shall stop all work.Work stoppage for this reason shall not be deemed breach by builder. If default continues for a period of three (3) days,the entire unpaid balance of the contract shall then be due and payable.Owner shall then be entitled to have contractor complete all remaining work under this contract, provided all default related expenses which contractor may have incurred are also fully paid by the owner.Owner hereby grants the contractor a lien against the subject real property for all such sums,waiving any homestead protection otherwise available by law.Under no circumstances may the owner complete remaining work under this contract while default continues. Should the contractor incur any cost or expenses in collection,enforcement or litigation,the owner agrees to pay such costs and expenses on pre-trial,trial,and appellate levels including the contractor's reasonable attorney's fees.All sums payable to the contractor shall bear interest at the rate of 1.5%per month from the date that such payments were due to the date payment is received.The pump,filter and all other pool equipment shall remain the property of the contractor and shall be installed and made operational after the total contract amount has fully been paid,which the title to said equipment shall then be passed on the owner.Venue shall be in Miami-Dade County,Florida. BUYER'S RIGHT TO CANCEL—Buyer acknowledges that he or she has three(3)days to cancel contract.Cancellation must be done in writing,signed by the owner,and sent to our office by mail and facsimile. SELLER'S RIGHT TO CANCELLATION FEE—Buyer acknowledges that after three (3) day expiration period in which buyer has right to cancel by the following provisions of the paragraph entitled "Buyer's Right to Cancel",seller will incur substantial expenses in preparation to perform under this agreement.These expenses may include,but are not limited to,the preparation of plans and/or drawings for construction of the pool fees for building permits, salesman's commissions, administrative expenses in processing this agreement, ordering materials and supplies, arranging scheduling of construction and other related expenses.In addition,it is understood and agreed that by virtue of accepting this contract,seller has limited ability to accept and/or process other work. Therefore, in consideration, buyer agrees that in the event buyer fails to perform its obligations under this agreement,fails to allow seller to perform or terminate this agreement for any reason after the three(3)day cancellation period, buyer shall then pay the seller as a cancellation fee amount of equal to 20%of the total contract price which sum shall represent agreed liquidated damages.Seller should credit sums previously paid as a deposit under this contract,towards payment of the cancellation fee. In the subjects' real property in the amount of such deficit and buyer shall waive all rights to homestead protection otherwise available by law.Seller is entitled to interest at the rate of 1.5%per month,thereafter along with all court costs and reasonable attorney's fees of not less than 25%of the monies due. This cancellation fee shall not in any way affect or limit seller's right to recover any other funds that may be due for work performed under this agreement. NOTICE TO OWNER—DO NOT SIGN THIS HOME IMPROVEMENT CONTRACT IN BLANK. MAKE CERTAIN ALL WORK WHICH YOU HAVE CONTRACTED FOR IS INCLUDED IN WRITING HEREIN THAT YOU ARE ENTITLED TO. CREDIT CARD PAYMENT FEE—All credit card transactions are subject to a 3%surcharge.This is not included in the sale tax amount,ifjob completed has sale tax added to the total balance. 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MAY BE, ISSUED OR MAY'' IT-IRT IN, THE INCUR'ANC:E AFFOFYOIWD BY THE POLICIES C1R.:SC'N'�8I%R.O IC�ERE1N IS �SU.BJEC7 TO ALL THE CIL"RF 'C, EXC.h�I,o,"WICINFN AND a ONICaX'T'UONS OF SUCH:P�C'UC I "S,LIMITSSFl(,')Wlq MAY HAVE BEEN REDUCED BY PAID C:LAIE'IS II PdMiE A;C7U4 54aN ks�rr �a2M2POLICY ,.NnMA0�aI ae>I�CYRY E�FrF POLICY EYFarPE OF mMFrJaNuF w4 ICvvaWCYF CewPt Im�m�rNt�LYMYt�N..,. COMMIERCIAIr OFNERRAL.LIABILI'l" cxllr�allr,racs:: 1 7 cCC,PITIP1 . „.,a ..v.. t:LRsYlu7 Wr fb1ACEP" o„+.U',RCtl�k r4r tal A" g2.Yra¢aa im^traTv)_._ ...,., w.,.. ...",� .,.e_.._ .,_,,.,.,. ....._..._.__..,m,..............,....,�........,,."...,....,., VdIISfJk Xf (Any me,I'ersm�) 'W 1ERa' r)FT CaTFE—Y 411,11F'P....._. C_._................_.....,.......... f I"W AGGHI�OAHL IlAW A PPLI1.,PIE 1't ti17 Cf huP42,,`r d6.'Al"I'„ a ",JI r 1r T r:,Y Lrp... htLrn..r .r'a�Ar rcrd A!'a Au0"YCbhaOBILE LlABILYTY a UIORNI la„CUA!I.E I IC,Af"P' r 1M:11x a ci 2a i 2.�... ,.,... 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Id AAA...6 F 1-hhl lTV"FI; ,n PYA IPI i N krrufen X:. LvI� 'hu18"ntll llC t;aC rl f UaAl'flt l'd l aafvwo V gt�Cq ft—,. EL I`rl l A 1. Ir(iI[r f.... r J ..ION C,IV-u%ar4'RAVI L,rXA T IONS VEH I CL ES gABJCRICP W lJia,AdIM 9as19tPI h'arvraal>Is.selivioIer may lA a cwt span BA t r quYeuup 'Certificate holder listed as additionally insured. aTERTtFlICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE Dr,,.SCMBED POLICII BE CAINCEL ILEO BEFORE, THE EXPIRATI N DATE' THEREOF, NOTICE `WWhLJ_ BE NSEb B/Il SEfA IN Monroe County BOCC ACCORDANCE WTH THE POILICY PRO`eAla ONO, 1100 Simonton St. erg Key West, FL 33040 Aa112HORMEs REPRESENTATIVE 4Yw....................... ......�....,..,.,.�.,.,�.,�,.,,,,,,.,.w„ ,,,,,, ------ ..,.,.,,.m.., e.... ..... ......... m" ........... .,... q B'9IC€,itT"UOIB fWNh rh4;NR�t d'esaAr�Cea'I„ F AGORD E 2D11E11k3 The e ACORD name and logo are ra: Rsrared aml ol'' OOBD F� cn Nq�r GATE(faWMAdGGdYYYYI AC"R0 CERTIFICATE OF LIABILITY INSURANCE 0J15+2Nk24 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE; COVERAGE AFFORDED BY THE, POLICIES BELOW. THUS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A. CONTRACT' BETWEEN THE ISSUING IINSII AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLLER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the poficyr ie,$)must have ADDI`10NIAL INSURED provisions or be endorsed,. If SUBROGATION M WAIVED, sublect to the terms, and colndillolns of the Iaoll ,Gertallnll Policies rnnn,y requrll a an endorsement. A Statement On NRIIs certificate"hoes not confer rights to the certificate moiler in INeur of such eend'orsement(s). PRODUCER CONTACT NAME, Paychflx Insurance Agen,Qy,Inc, PAY1>1EX I NSUIRANGE 4�341-1'1NCY,ZINC, PHONE I.A9 225 K I DRIVEE Mu3awElf ROOIBESTER,NY 140,23 ADDRESS:FIexCets 4a chex Cam INSIIRERI'S.AFFORDNG COVERAGE NI Mk ]INSURER A:Teo1IIin;s:ulranceGorinfinny 423N6 INSURED INSURER..B Advanced GonstrulrUon Corp INSURER C. 13727 B W 152 St.,,Ste 209 Mm iamn ,FL 3177 INSURER D INSURER.E INSURER.F:: C13VERAG,ES CERTIFICATE NUMBER: REVISION NUIMBER TTII NS TO CERTIFY THAT THE POLICIES OF INSURANCE CE LISTED BELOW HAVE BEEN(ISSUED TO THE INSUREDNAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWVTHSTAND1 NI'O ANY REQUIREMENT'„TERM OR COPJDIIITIOIN OF ANY CrNdTRACT OR OTHER DOCUMENT'WITH RESPECT TO WHICH THIS CERTIFICATE MA'w BE ISSUED OR MAY'PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS;SUBJECT'TO ALL THE TERMS, EXCLUSIONS AND,CONDIITIONS OF SUCH ROLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS- IN'SR q^M'PE OF NN'S.rRA&ICE ADDL SIUIB'In POLICY EFF POUCN EXP LIMITS ILTR:. IIN:SG WVD POLICY NUMBER. 'MNI5DGJYYYY MMI'DIDNYYY COMMERCIAL GENERAL LIABILITY IIII O+CCUaroRRENCE. C,LAIMr1&MAIDE OCCUR e, S r,IED EXP(,Any ane persanl PERSONAL J3.AI7'IJ INJURY` S GE4N1 AGSREGATE.LIMIT APPLIES PER:: GENERAL A&'3REGATIE. 11 PGUC:YF—] JECT F-1 LOC,. PR:DIDUCTS-COMP)OF AGG Y OT-A ER AMR I6 'T AUTOMOBILE LIARR UTY I ,���«^� �_ N'L'rM�®IIdE691VIGILE LNMIM S ANY AUTO m"v"_..m,.�-..`tNy-. .....,. 60OILW NK.IVJIR`r"(,Per pers:>vmp OWNED SCHEDULED DATi°E�N.,,.,,e..�...6�.8,:2J ._,._ AT0 ONLY AUTOS BODILY8IYJ4JRi�"(Greet aaaidemaB,P M WRED MONM O'J°NFID Weal � -"`''.` PRCvPIE"1TY DAMAGE ALTOS ONLY AUTOS ONLY IIR,r denh � T UMB-RELLA'LIAB r<aI IR. EA�C�H OCC&URRENCE. EXCESS LIAR HOLAIMS-MAGE, AGGREGATE S DEiq I I RETENTION$ '5 WORKERS COMPENSATION K AND EMPLOYERV L.IABILI STA N t N TUTE ER"' AN"P'ROFIP71ErGR PAR7-KEIRJ'EXE(;kJ7C}'. E..L.EACH ACCIDENT 1 DO,DOD A OFRCERIMEMBERE:KCLLJGEDF Y NA N TW'C4476iI(2.9 Gag "I41112024 0904/2025 IMarend'a!k'arY mn Nfrly E-L.D�SEA.SE-EA EMPLOYEE 'M MG„bl"VL1 Yrf�g�es dembe undw CIO-IJ,,TC3GY D SC MPTION OF OPERATIONS Yreign E L.DISEASE-F'0LIC)"LIM11'T' 'M DESCRIPTION Of OPERATIONS P LOCATIOKS rVEHICLES(ACORD 101,AddidonI REnnarlks Schedulk,muary he attwheid iar'rare spat Is required) C00059 21 CCC057740 C YCO00002 CERTIFICATE HOLDER CANCELLATION SH-OULDANYOF THE ABOVE DESC'RIBED-POLtMES BE CANCELLED BEFORE THE EXRRATEOH, DATE THEREOF, NOTICE WALL BE DELIVERED INJI Monroe County BOCC ACCORDANCE WITHI THE POLICY iPti OVESIIONrS. 1100 Simonton St. Key West, FL 33040 ALITikr�ORL,'_E®REPRESENTATIVE Icy 1960-2016 ACORD CORPORATION. All rights reserved. ACORD 25(201&103) The ACORD name and.Ilogo are registered marks of ACORD DATE(MMDDW�nff,� CERTIFICATE OF LIABILITY INSURANCE 014 5 5 THIS CERTtFfCATE IS ISSUED AS A MATTER OF 1,14FORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NUT AFFIRMATIVELY OR NEGATWELY 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,. MIPORTANT: If the cenfficate hollder is an ADDITiONAL INSURED, the poliry Iiesl must be endorsed. If:SLIBROGATION1 IS WAIVED, smb*t to the ternis and conditions of Hie palicy,certaiin pohcies may require an endarsenitent, A,statement an thlis certificate does,not confer fights to the certificate hiolder in lieu o,f sluch endbrsenientfs�. PRODUCER CONTACT NAME BEAC0N INST,.TP-P2J1(--`E GROUP INC-' PHONE J4� FAX 3,0 5) 4�:-2-i,5D 3 7 G E' �AjC,N,,�J, WRIT L-MA �L AD DR ES S Fi 2-J e :. lbS i a m i, FL 33 15 5 INSURIERISI AFFORDING COVERAGE :NAK# Li cen s—e # :A0 9 3 0 ID 3 INSURER A NAUTTLUS INS;UF.ANCF C'0. 17 3'71 0 INSUIRED ;-DVANC'ED C',CN,STFUF-',TI01?, I-'(DFLP INSURER S 137 2 7 S W i S-214 D S T, #27'CI 9 INSURER c MIAMI, FL, 13177 M2URERD IN'SURFR F INSURER F COVERAGES CERTIFICATE NUMBER: REMSION NUMBER- TRG G T,1 CEFT7FY THAT THE POLICIES OF INSURM40E LISTED BELOW HAVE BEEN I KUED TO THE IN3URFD,NAMED ABOVE FOR THE FGLIC'r'FERIOEI INDr.ATED tiff OTIVITHSTANDINGAIVY RE'aWREMENT,,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENTV01TH RESPECT TO WHN7H THIS CERTIFICATE MA(BE ISSUED OR UAV PERTAIN,THE INSURANCE AFFORDED BY THE PQIJCIES, DESCRIBED HEREIN 15 SUBJECT TO, ALL THE TERMS, EXCLUS%OPJS A0 CONDITIONS OF SUCK FIDUCIES LIMITS SHOIAN MAY HAVE BEEN REDUCED BYFAID CLAIMS FULI'Ul t:FF LTR TYPFOF I kDJRANCE oxan vAm RIM IrYNHIMPIPP W&DIDNVYWI WWn'N`Yyfy1 LIKE73 :M� COMMERICLAL 6 HERAL LIM&ITY EACH rDCCURRENCE a 1-"),0,0 J 0 CLAIMS-MADE E10CCUR PREMISES,7,Fa occu.ue m4 S FI 0 MED EAR i4maneperscW 3 .A 4/71 2 PERSONALS,ADV INJURY nGE141 AGGREGATE L)MITAPPLES IPER: GDERAL AGGREGATE s 2 0 ID FfiLACY J'EC'T'- [:]LOC PRODUCTS-COMPADP AGG 3 2,11�D 0 OTHER S AUTOMOBILE LABILTY lEaamdero� ANYAUTO B00ILY[NJURY perscrif ALL OWNED R SAUTOS CHEDULED AhJTOS BODILY JNJURY(Per amiderd 1, 3 NON-CiWINED, PHVUH=R�Y IJAMArSE HIRED ALTOS AUTOS CP&wzddenlp UIA.&RELLA LAS 0 Oc Up EACH OCCURRENCE S FXCFfG LIA2 HCLAIMS-WCI(F AUGREGATE a �DED RETE By- 6.1 1.�5 MRKERSCOMPENSA.7,014 PER A14D EMPLOYERS'UABRUTY YtN WAMP KA' Yft— I STATUTE I I DEPP ANY PROPRIETCYFUIPIARTNER' IECU-nVE EL.EACH ACCIDENT S �ERIME&JEFR Ey'� tNf A, HVan"ory in NffI E.L DISEASE-EA EMPLOYEE 5 "I besuibRuTde, 'nstRIPTION OF OPERA701AS bc4m El Dl!;F:A'Sr-P01 ICY LIM7 S DESC,RMPTtON OF OFERATION-1�'LOCATICHS d VEHICLES (ACORD I Dt,Acidlionag Rei,m4s Schedule,muq be aftada, iiin spam is rFquvred� 7"ERTIFIC'ATE HOLDER IS LISTED I I Z� U D T-,Z�:�7T N. L INS RE CEFMflCATE RaDER CANCELLATION SIHOI,Al)ANY OF THE ASUVE DESGRXBED PC1,IrAES,BE CANCELLED BEFORE THE EXPt.RATION DATE THEREOF, NGTIGF "PALL. BE DEUVERED IN Monroe County BOCC ACCORDANCE WITH TH E POLICY PRCV1Sfy0,NS 1100 Simonton St. Key West, FL 33040 AUTHORIZED REPRESENTATIVE 0D 1988-20134t6RD CGRPORAT 014, All dghts re&prvpd, A03RD25(2013104'� The,ACORD name and logo are registered marks of ACORD