Loading...
HomeMy WebLinkAboutItem C06 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS � Mayor Michelle Lincoln,District 2 The Florida Keys Mayor Pro Tern David Rice,District 4 y Craig Cates,District 1 James K. Scholl,District 3 � Holly Merrill Raschein,District 5 Regular Meeting January 28, 2026 Agenda Item Number: C6 25-0198 BULK ITEM: Yes DEPARTMENT: Project Management TIME APPROXIMATE: N/A STAFF CONTACT: Suzi Rubio AGENDA ITEM WORDING: Approval of an agreement with StandGuard Aquatics, Inc. in the amount of$245,000.00 for the Jacobs Aquatic Center (JAC) Activity Pool Renovations Project. This project is funded by two (2) Tourist Development Council (TDC) Grants. ITEM BACKGROUND: Jacobs Aquatic Center (JAC) was constructed as part of an agreement with Upper Keys Community Pool, Inc. (UKCP) on County owned land in the early 2000's. Per the agreement between UKCP and Monroe County, upon completion, the new facility became the property of Monroe County but was operated and maintained by UKCP via reimbursement contracts with the County. UKCP's Board is an all-volunteer organization. Over the course of the following 20 years, the aging facility required more maintenance and repair than UKCP was able to fund,and the operation and maintenance of JAC was turned over to Monroe County's Parks & Beaches Department. During the turnover process, the UKCP Board made County staff aware of several maintenance issues with the pools that needed to be addressed immediately. Repair or replacement of the Activity Pool equipment was one of the items on the list along with relining of the competition pool (completed in November 2024) and replacement of the competition pool filtration system (completed in March 2025). In 2023, Parks & Beaches requested and received $100,000 for FY24 to make what was thought to be cosmetic repairs to the pirate ship portion of the Activity Pool. It was quickly determined by County staff that the equipment was not salvageable and would need to be replaced. An additional $500,000 in funding was requested and received from the TDC for FY26. Procurement of the new aquatic play equipment for the Activity Pool at JAC was purchased via a Sourcewell Cooperative Purchasing Agreement in November 2025. An RFP for the Activity Pool Renovations and installation of the new aquatic play equipment separately purchased by the County was publicly advertised and posted to Bonfire on November 15, 2025, with bids due December 18, 2025. Over 40 different Contractors downloaded the bid documents via Bonfire. However, StandGuard Aquatics, Inc. submitted the only bid. County Staff believes that due diligence was adequately performed. The RFP was advertised for 30 days,which is longer than the 21-day period required by the Monroe County Purchasing Policy. The RFP was also viewed by over 40 local and non- local Contractors. County Staff does not believe that re-bidding the RFP would result in additional bids or better pricing and requests approval to award the Agreement for the Jacobs Aquatic Center Activity Pool Renovations Project to StandGuard Aquatics, Inc. PREVIOUS RELEVANT BOCC ACTION: 10/18/2023 —BOCC approved FY24 TDC County Capital Projects 11/12/2025 —BOCC approved purchase of new aquatic play equipment with Rain Drop Products, LLC for the Jacobs Aquatic Center(JAC) Activity Pool 10/7/2025 —DAC V approved additional funding for JAC Activity Pool INSURANCE REQUIRED: Yes CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATION: Approval of Agreement DOCUMENTATION: FINANCIAL IMPACT: 121-71057 and 121-71058 —TDC Grants C6. Approval of an agreement with StandGuard Aquatics, Inc. in the amount of$245,000.00 for the Jacobs Aquatic Center (JAC)Activity Pool Renovations Project. This project is funded by two (2)Tourist Development Council (TDC) Grants. Agreement Between Owner and Contractor Where the basis of payment is a STIPULATED SUM AGREEMENT Made as of the 28t" day of January 2026 BETWEEN the Owner: Monroe County Board of County Commissioners 500 Whitehead Street Key West, Florida 33040 And the Contractor: StandGuard Aquatics, Incorporated 5665 Atlanta Highway, Suite 103-168 Alpharetta, Georgia 30004 For the following Project: JACOBS AQUATIC CENTER ACTIVITY POOL RENOVATIONS Scope of the Work The scope of this project includes the complete renovation of the Activity Pool at the Jacobs Aquatic Center. The renovation will consist of demolition, removal and replacement of existing, pool surface and existing pool the (tile color to be selected by the County), removal and replacement of zero entry gutter with new zero entry gutter system and grating, removal and replacement of zero entry concrete decking between existing pool deck and the new gutter line The scope shall also include installation of owner- supplied water feature equipment and shall include supply and installation of all ancillary pumps, plumbing, drain sumps and grating necessary to create a fully functional water feature. The scope shall also include all permitting and engineering required to complete the work in accordance with local and state codes. 1. Contractor Requirements • The Contractor must hold an active and valid Florida state license as a Commercial Pool Contractor(CPC). • The Contractor shall be responsible for providing all engineering drawings, documentation, and submittals necessary to obtain required permits for demolition and renovation activities. Page 1 of 21 2. Scope of Work Details A. Permitting and Documentation • The Contractor shall obtain all required permits for demolition and renovation as required by Monroe County and the State of Florida. • The Contractor shall prepare and submit all necessary engineering drawings, calculations, and specifications required for permitting. • The Contractor shall coordinate with local authorities and inspectors throughout the permitting and construction process. B. Demolition • The Contractor shall safely demolish and remove all existing water play equipment, associated plumbing, and related mechanical components as necessary to facilitate the renovation. • The Contractor shall properly dispose of all demolition debris in accordance with local codes and environmental regulations. C. Pool Surface Repair and Resurfacing • The Contractor shall assess the existing pool structure and surface for any damage or degradation. • The Contractor shall perform necessary surface repairs including crack repair, patching, and preparation to receive new finish. • The Contractor shall resurface the pool with a new, high-performance, commercial- grade finish suitable for an activity pool and compliant with Florida public pool standards. New pool surface color shall be "blue quartz". D. Coping and Grates • The Contractor shall replace or repair coping stones as required to ensure uniformity, safety, and visual appeal. • The Contractor shall inspect, repair, or replace perimeter grates and drain covers as necessary to meet current safety standards, including VGBA (Virginia Graeme Baker Act) compliance. E. Equipment Installation • The Contractor shall coordinate with the Owner for receipt and inspection of Rain Drop equipment (reference Exhibit "A"). • The Contractor shall install all Rain Drop water play features in accordance with the manufacturer's specifications and Florida Building Code. • The Contractor shall ensure proper plumbing, mechanical connections, and anchoring systems are used to ensure long-term durability and safety. F. Testing and Commissioning • The Contractor shall test all installed systems for operational functionality and code compliance. Page 2 of 21 • The Contractor shall coordinate with local authorities for required inspections and approvals prior to opening the pool for use. 3. Owner Responsibilities • The Owner shall provide Exhibit "A" listing the Rain Drop equipment to be installed. • The Owner shall make the jobsite accessible and available for construction activities. 4. Final Deliverables • The Contractor is responsible for securing all final permit approvals and inspection certificates. • The Contractor shall provide as-built drawings and equipment specifications. • The Contractor shall provide warranty documentation for workmanship and any contractor-supplied materials. ARTICLE 1 The Contract Documents The Contract Documents consist of this Agreement, Conditions of the Contract (General, Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda issued prior to execution of this Agreement, together with the response to RFP 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 9. In the event of a discrepancy between the documents, precedence shall be determined by the order of the documents as just listed. ARTICLE 2 The Work of this Contract The Contractor shall execute the entire Work described in the Contract Documents, except to the extent specifically indicated in the Contract Documents to be the responsibility of others, or as follows: 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 One Hundred Eighty (180) calendar days after receipt of all required permits and begin required engineering and permitting no more than Fifteen (15) 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. Page 3 of 21 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 Facilities and Project Management's signature of approval on the Certificate of Substantial Completion. The liquidated damages table below shall be utilized to determine the amount of liquidated damages. FIRST SECOND 31 ST DAY & CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day $507000.00-991999.00 100.00/Day 200.00/Day 750.00/Day $1007000.00-4997999.00 200.00/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 remedv for anv delav 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, 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"). The 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 the Contractor under this Section. The Contractor shall give the 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. The 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. 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 Two Hundred, Forty-Five Thousand and 00/100 Dollars ($245,000.00), 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 4.3 Unit prices, if any, are as follows: N/A Page 4 of 21 ARTICLE 5 Progress Payments 5.1 Based upon Applications for Payment submitted by the Contractor to the Director of Facilities and Project Management, and upon approval for payment issued by the Director of Facilities and Project Management and Architect, the Owner shall make progress payments on account of the Contract Sum to the contractor as provided below and elsewhere in the Contract Documents. 5.2 The period covered by each Application for payment shall be one (1) calendar month ending on the last day of the month. 5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor, in accordance with the Florida Local Government Prompt Payment Act (Section 218.735, Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner invoices with supporting documentation that are acceptable to the Monroe County Office of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon generally accepted accounting principles and such laws, rules and regulations as may govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and use taxes. A copy of the tax exemption certificate will be provided by the Owner upon request. 5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by the Contractor in accordance with the Contract Documents. The Schedule of Values shall allocate the entire Contract Sum among the various portions of the Work and be prepared in such form and supported by such data to substantiate its accuracy as the Director of Facilities and Project Management may require. This schedule, unless objected to by the Director of Facilities and Project Management, shall be used as a basis for reviewing the Contractor's Applications for Payment. 5.5 Applications for Payment shall indicate the percentage of completion of each portion of the Work as of the end of the period covered by the Application for Payment. 5.6 Subject to the provisions of the Contract Documents, the amount of each progress payment shall be computed as follows: 5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined by multiplying the percentage completion of each portion of the Work by the share of the total Contract Sum allocated to that portion of the Work in the Schedule of Values, less retainage of five percent(5%). Pending final determination of cost to the Owner of changes in the Work, amounts not in dispute may be included in Applications for Payment. The amount of credit to be allowed by the Contractor to the Owner for a deletion or change which results in a net decrease in the Contract Sum shall be the net cost to the Owner, less Overhead, Profit and Documented Costs incurred prior to the change Request, as indicated in the corresponding line item in the Approved Schedule of Values for that line item as confirmed by the Director of Facilities and Project Management. When both additions and credits covering related Work or substitutions are involved in a change, the allowance for overhead and profit shall be figured on the basis of net increase, if any, with respect to that change. Page 5 of 21 5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment delivered and suitably stored at the site for subsequent incorporation in the completed construction (or, if approved in advance by the Owner, suitably stored off the site at a location agreed upon in writing), less retainage; 5.6.3 Subtract the aggregate of previous payments made by the Owner; and 5.6.4 Subtract amounts, if any, for which the Director of Facilities and Project Management has withheld or nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions. 5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be further modified under the following circumstances: 5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total payments to Ninety-Five percent (95%) of the Contract Sum, less such an amount equal to 150 percent (150%) of the estimated cost to complete the items in accordance with Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines for incomplete Work and unsettled claims, including the assessment of liquidated damages; and 5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay the Contractor the remaining Contract Sum that includes all retainages previously withheld by the Owner less an amount equal to 150 percent (150%) of the estimated cost to complete the incomplete Work (i.e., "punch" list items). 5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of the General Conditions. 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 Facilities and Project Management. 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: (1)Application and Certificate for Payment (2) Continuation Sheet (3) Certificate of Substantial Completion (4) Contractor's Affidavit of Debts and Claims (5) Contractor's Affidavit of Release of Liens (6) Final Release of Lien Page 6 of 21 (7) Contractor shall provide two (2) hard copies in tabulated divided binders and one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF) format delivered on a common form (i.e. flash drive) of all the following, but not limited to: A. Project Record Documents (As Built Documents). B. Operating and maintenance data, instructions to the Owner's personnel. C. Warranties, bond and guarantees. D. Keys and keying schedule. E. Spare parts and maintenance materials. F. Electronic copies of approved submittals. G. Evidence of payment and final release of liens and consent of surety to final release (includes final release from all utilities and utility companies). H. Copies of either a Certificate of Completion or Certificate of Occupancy issued by the Monroe County Building Department and approval from the State of Florida Health Department. 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 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 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 Page 7 of 21 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 ( � . i. 'iiw s- ii-nairiagerri eneral iu ci ), 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. Right to Audit- Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions, bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and dividends; any other supporting evidence deemed necessary by the Owner or by the County Clerk to substantiate charges related to this Agreement, and all other agreements, sources of information and matters that may in the 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 the Owner or the County Clerk. The 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 the 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. b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be governed by and construed in accordance with the laws of the State of Florida Page 8 of 21 applicable to contracts made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the County and Contractor agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. The Parties waive their rights to trial by jury. The County and Contractor agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. c) Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The County and Contractor agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. d) Attorney's Fees and Costs. The County and Contractor agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees and court costs as an award against the non-prevailing party and shall include attorney's fees and court costs in appellate proceedings. e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the County and Contractor and their respective legal representatives, successors, and assigns. f) Authority. Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice and enters into this agreement freely, voluntarily and with advice of counsel. g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement. Any conditions imposed as a result of the funding that affect the Project will be provided to each party. h) Adjudication of Disputes or Disagreements. The 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 8 concerning termination or cancellation. Page 9 of 21 i) Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, County and Contractor agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. 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. j) 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 VII 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 patent 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 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 11, 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. k) 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. 1) 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. Page 10 of 21 m) No Solicitation/Payment. The County and Contractor warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the Contractor agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. n) 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. o) 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. The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to comply with this provision. 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 receipt from the County's custodian of records, provide the County with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law. Page 11 of 21 (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 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: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408, KEY WEST, FL 33040, publ���'���crecords@monroecounty-fl.gov, (305) 292-3470. p) 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. Page 12 of 21 q) 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. r) 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. s) 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. t) 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. u) Attestations. The Contractor agrees to execute such documents as the County may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. v) 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. w) 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. x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other Page 13 of 21 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 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. In the event that the completion of the project(to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. y) 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. z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with County funds under this agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The County and its Contractor agree to ensure that DBE's have the opportunity to participate in the performance of the Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that DBE's have the opportunity to compete and perform contracts. The County and Contractor and subcontractors shall not discriminate on the Page 14 of 21 basis of race, color, national origin or sex in award and performance of contracts, entered pursuant to this Agreement. aa)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. bb) Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to Florida Green Building Coalition standards. Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this Project. 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. Pursuant to Section 448.095: 1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with the person or entity. 2. A public agency that has a good faith belief that a subcontractor knowingly violated this subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the Bidder and order the Bidder to immediately terminate the contract with the subcontractor. 3. A contract terminated under this paragraph is not a breach of contract and may not be considered as such. If public agency terminates a contract with a Bidder under this paragraph, the Bidder may not be awarded a public contract for at least 1 year after the date on which the contract was terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of the termination of a contract. Page 15 of 21 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. 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. 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: StandGuard Aauatics. Incoraorated Matt Satterlv, President 5665 Atlanta Hiahwav, Suite 103-168 Alpharetta. Georaia 30004 For Owner: Director of Facilities Manaaement Assistant Countv Administrator. PW & E 123 Overseas Highway 1100 Simonton Street Key West. Florida 33040 Key West, Florida 33040 Countv Attornev 1111 12th Street, Suite 408 Key West, Florida 33040 ARTICLE 8 Termination or Suspension 8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General Conditions. 8.2 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. 8.3 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. 8.4 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 the Contractor should the 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 the 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, the Page 16 of 21 County shall pay the 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 the 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. 8.5 Termination for Convenience. The County may terminate this Agreement for convenience, at any time, upon thirty(30) days'written notice to the Contractor. If the County terminates this Agreement with the Contractor, the County shall pay the 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 the Contractor shall not exceed the spending cap in this Agreement. 8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has submitted a false certification under Subsection 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 Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. 8.7 For Contracts of$1,000,000 or more: a) If the County determines that the Contractor/Consultant submitted a false certification under Subsection 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 Subsection 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Subsection 287.135(4), Florida Statutes, are met. b) 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 Subsection 215.473, Florida Statutes relating to scrutinized active business operations in Iran, or has 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 Subsection 287.135(4), Florida Statutes, are met. ARTICLE 9 Enumeration of Contract Documents 9.1 The Contract Documents, except for Modifications issued after execution of this Agreement, are enumerated as follows: N/A Page 17 of 21 9.1.1 The Agreement is this executed Standard Form of Agreement Between the Owner and Contractor. 9.1.2 The General Conditions are the General Conditions of the Contract for Construction. 9.1.3 The Supplementary and other Conditions of the Contract are those contained in the Request for Proposals. 9.1.4 The Addenda, if any, are as follows: Number Date # of Pages 1 12/3/2025 2 This Agreement is entered into as of the day and year first written above and is executed in at least one (1) original copy. BALANCE OF PAGE INTENTIONALLY LEFT BLANK SIGNATURE PAGE TO FOLLOW Page 18 of 21 Execution bythe Contractor must',be by a, person with auk ty,to bind the,entlity. SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT R,IZED, (SEAL) BOARD OF' COUNTY COMMISSIOWRS Attest. Kevin MadoK, Clerk OF MONROE COUNTY, FLORIDA By:, By: As Deputy Clerk, May,or/Chairman Date MONROE COUNTY AITOMNEV'S,OFFICE APPROVED TO FORM TAW COUNTY'A"'ORNEY CONTRA,CTOR-1 DATTE: STANDGUARD A S,Ignature'. Print"N T i'Itle: ('0010",c Date,.-- z STATE OF eA.- C,OUNT'Y' ,OF'—MM8,,,gQf,—Oop'', On this-'3,1541- day of -1 20:26, before me, the, undersigned notary, public, by 14M i Es of physical presence oir El online, personally appeared MN&A, jft, (name ofafflan't), 'I,nown to me to be the person whose name subscribed Ili produced xs, L<4�jjt!,Pas idientification, and acknowledged that he/she is the person who, executed the aboAl, contract with one unty for JACOBS 'or the purposes therein contained,. AQUATIC CEN POOL, RE VATIONS f Notary Publilc,,v M VICTORK WELCH Notary,Public Print Name�J i c��ILj State,of Florida 07 COMm#HH744459 My commission expires,:- 30/ -.n' (Seall) Explres�,1,1/10/2029 Page 19 of 21 GENERAL REQUIREMENTS Where Department of Facilities and Project Management 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 20 of 21 EXHIBIT A RAINDROP EQUIPMENT Page 21 of 21 h a U7 � � N cy.) J r r 1 i CD CD j 3 Ln O I LO /.r L may S 4# AN CD U) v ►617 ^ LO u m U < J U J Z W Cn -i z Z Q < l_1 < (/) W Z 0>: zLD U IM Qa > CL0 -1m W CL� LL- W J W� J 2 �� �--�A J �W W Q W <A<��W U) Ce L Z o W Z Y � N O O O�(Y W U X 0 W<W W 0 CL CL< V J J�� Z �JL7���cicl� u<u(6<z12a< Lo U(12Z WL-LL.0 _0 W OLLJ O W W�aZ EWZ Z W W a>-<W� a-o6-' p awAa W w C) LLI -1 0 � Z U)_Z <CLM- -A w v a�I J :I- x Z�JOEL7<G Gmu J Co C) M (47; [_)Z<J 4-1(4 Q WWW00JJ\(4-< O 1 1 1 1 �;qm-JUL-<wn n N('7 "t Ltd Z,�-i CU (')V-U7 PROPOSAL Reference: 1946311 .x i,ii-) D Project Name: JCOS AQUATIC A 6 A ENTER UATI Salesperson: Eric Zelman Date: 2/25/2025 To: First Shipment Address: Purchaser: PLEASE CONFIRM SHIPPING ADDRESS Billing Address: Key Largo, FL Quantity Item # Item Description GPM (Ea) Unit Price Extended Amt Click on item#to view cut sheet (If Applicable) ABOVE GROUND FEATURES 1.00 /MOLECULE3-205-194 MOLECULE3-205, SPD SLIDES 1.00 PAD-3X4 PAD-3X4 EXIT SLIDE PAD 1.00 MNSH-001-OM MINI PIRATE SHIP SLIDE-OM 1.00 PAD-6X8 PAD-6X8 SLIDE EXIT PAD 1.00 CFSC-001-OM CROCODILE STEVE-OM 1.00 /PAINTCC-1946311 CUSTOM PPG CLEAR COAT FOR ALL ABOVE GROUND FEATURES 9.00 SITE SERVICE-STAND SITE SERVICE-STANDARD VISIT MOUNTING SYSTEM 2.00 POD-AO01 OMNIPOD TEMPLATE Total Flow(Non Choreoa phed) -296.70 GPM Quote Duration-60 Days "ES"ou7R A Contract#-010521-RDP Inquire about our nationwide cooperative purchasing programs! Payment Terms:35% Dep,65%prior shipment Estimated Delivery Date upon placement of Order: 26-28 weeks See the following pages for General Terms,Conditions and Warranty related to this Proposal 2121 Cottage St. Ashland,Ohio 44805 • Phone 800-343-6063 • Fax 419-496-0711 www.rain-drop.com 1 NON-C OLI (.J S 10��N A F I]DAV1111"r of tf-I'e (,o ilk rw"�w did wViva 't 0:111AI I, w'� iYl � t I,, ......... ............. ......... .................................................... Y�................ t jet'" pernalty of pert,�1`1 d r✓�,�1, o at-A say,thaltl- accordillIg to IEW () ' Y d at I-I am ..................... -------- ............................... of tfie firr"n of (A ........... O"Ie fl,e Proposal for, pi-oject dest';Ailoecl in e irwv )oficefor calfir 11g, fol Polsals fot-w ir, (Jdll' I 01P 19 r `, � 4)""'0 � ,NI e, ........... ........... 4, f✓ x ("I�t'�[�"I or do at�i,,d fl,-iiat i e, OcLecI thtzk d p r o f,,) S,-O)I\Al I Xyi i. py v f., d,,,,,y�;.✓ � ,d--�,„ Y,. �,, U .,„-, ,,,,, ,,! „� �9r1,h ,.J ., ,"w... ,,.,m r .,, ,,,�;, GO ri t fix fl", jA,1([,)0(:e of restr'cfir�i�:),["I S Lil I ta 0 o, rc;o ri-t I�1,I c 6 CI I toI any r'riattet��� (:Al""ier l".'roposer'w",%mith, ariy coj"T'lipetitot-, ai,-id Ui,�"fleis(s, erwis,e by latw, fl"'ie nIces 1',iave i*),eeri qi,,ioted in this, propossal I'lave not Ibeei�,�i knowit"ico✓ gIy be discloseld by the Prol.,met, pr�ior to proposal openh-i,,g, ("A", h-icfir(,I..(,,AIy 'to ar�iy ofl,"iter Proposet", Or. 4 No aften,q)t h�,as beer'i c)f, will be 1.`)y tl"�w Pr,1(.-)poser �to ii'idUce any other pei�son, o�r corp(,,,)rafion t(,,,), st.1hrr)III, o'I" rlot t�(I� proposal for t1r,"ic" purpose of' al"Icl 5,., Tl'u�,:,�, tatq,,1.,I,Iet,1AS c;0 r"I�t a i rl e d in� 1'11,11��z:,�, �"Iffid, ��Iot trt,,ie ariid an("I rrmde, witl�i fifll )f .-ici pt'c)jed vp ,f ure (.Jf I"') 83-1 A"I"E 0 F"': ....................... C'o 0 LJ N'117Y 0 F" 11.................. 8 U b,s c r il b,e d ai,',id swori�,i 'to ((,)r before rne, by i,i-iear'ls presetr�ice or ol"Ilirle riolarizatiot'i, (.,m Jate) ................. .................. ..... -le/, 1"ie is, joersonally ai��r'te of"aff arit). 1�3 by (r i .............. kvu,mr'i k:), t r,ie oj- pl,-Odl.iced y p e c f trit a IA wdS� A �/�, 6�7 M,<. k�'N,,,�n'0�n.�V�� �rf ��pp ill f !:x Ni I.......Starte Of Florlda COM11"O 11-14-174,445,9 o n"i�rrt i,s,(,;i o t,i x p i ii",e s (S E A,I-) Expires:u/30/202f,) My, .......... ............... ...... , E N J,A G 0 U,S A(,'),��-J A­H G G E NTI,":'11," ,,Z I v f I"y 1111 0 1",". 1 -OVAT IONS IN LOBBYING AND CON i-t,mr O F 1N"rERE,.,1'.ST' (."'O�IAUSE ORN STA"I"EMEN"F UNDER ORDINANCE NO., 01110-1990 M06,11"ZOE COUNTY, FI.-ORIDA A I It) ................... ------ t-iA Vici/it a,,,."; not 1,"Ilaclll �'icthIsAts bl)hIalfailly 2 of ()rdirmi-lice No. 0,10-l"1990 or atl,�iy forf�lyl"l County officet, ot'� erriployee h,"', violation Countly officer lolr clrriployeie in violatim"i of Siectlioi,,,�fi 3 t)f rsjb, 010-1990, For or Violation of 0,11i"s, provision fl"�Ie coultill"'Ytry"lay, I It-1 its disicreflo ir-1, teirin"driate fli iis cor"Aract Witil"'10LIt kability y also, k�i its fr fl-le coritracl, (Al, j)U1'-'d"1W,,;e price, oi- ofl,vtwise i"ecolver, ram,je fU11 arr "it fe(-":,h, corru perceritag(,,.�, or cc),risid( paid to t[ie foler County officer��l or ernployee x.................. 711MA ............................ ................................................ ....................... S FA"r E 0 F: -.................................................... GO(i J N T Y 0,F` ........... ...................... -i'iear s p�",iysk,;aal pi*( serlice w orfli "34,,i b s cribec.1 -i'�l�id sw orl'i 'to (o ii- ffirr),",ied) befi"We il-t i,c)�, c (riar't'ie of la�fhant He/S[fiel is 1)ersorlmlly ........... r-i vi to t-vr h � III� I p VICTORK WELC� Notary,Put)[1c; Timm ................. tate of'Florld,@ Conir"n4l 14[17444591 11/30'/20129 (SEAL) 51 1 xpire ......... ..................... .............................................. .......................... ...... ......... PROPOSAL FORM 00 12 0 of 224 JACOMAOLIJKTIC C,,ENTER ACTIVIT-Y POOL., RENOVATIONS ThEl Undeersig tied vendor in wid-1 ["""'10fiCla SIEWIten E`�edion 287,087 11MEW11 (Mrlifies fi,1:at,,, JIM ............ yr 1, F)i.ibhshes a stateryierit notifying em[*oy, s;tl-i,at thie, Unlawful manUSCAUre, distrikltb rI (J i s P e r'i s i n 9 possession, or USE-,j, (,:4 � (-,.'oi-rtr0J1Ead SUbstat ice is prohibited in the workplace and specifying the M%Orls Ittit will bes taken against emplobteces C)f SLK�['l 1,�)rol",iibition. Informs eivplioyees abi(:)t,it of drug ir'� ti�'i e b us i rwss's jo oh i,,,:,�y of a drug-free wcAtp1ji(y, antsumbb drug (murlseling, rEAMI)MMOOT (11'1 J,:)1,D YE",e pi cgram ns son(i wlkh; 1"Ah MIQ/ NO 11111)(MAN Upon employ cacti, for (JR11) EMUSCO vidations, 3, G i V El S E)11(1111 enirAOSIEM M11);gEnd in rM`OV1(fif1g I COOMMOCAST or contradual services that at"e uride�r proqual a cocopy of statern(Dt"I't SpECihevd in subsembn ("I) 4. In, the sta tee,rner'i t specifieci in st,lb&� ction (1), notifies the E0111MOYSEMS Off as a condition Of Working on the commadities or contraCALIBI Plat", i,.incier proposal, 1he e will abide b1l WED, termas of fl-ie statement and mill notify thE! Eurnplayer, of any, ic:(�mvic%.,tion I or plea of guilty or nolco cuntendere to, aily violation of Chaptei"W-',K?(Flarida SUMIN s,)(��)r of any umtrolled SUbstarim:Immuf the United States or any state, for E3 vio1zitbri k'i wo�*place i-'�,o laterthat i five (5) days after SU(,,'J'11 ciorwictior',� 5, In'tPoses, a saridiot"i (,)n or—f-EMILH I u,', them satisfacotory parfi(:,,ip-ation in a drq,,:j ab(,,iise assistance, (,,)r rehabditation ptugram if SLAT is m/20121ble In fi"') � rrip k::)y le gym,'s(,,,,ommunity, orany COM[ADJOH9 NA1110 I SCO C10110CAEK, I'VI a ke s a 11 cxxf f;I i I I I c 1 f f I V!L I U t Q i i i si i i i ii i ri a r-u y f r cy(s W c)r In p I m:c,t I i iu t I g)11 1 ai, I I"'I, e r I t a t 1 11 ()I HAS SE)CItion, As the person M1H1(`,AJ,Zec1 to sign then staterneent, I fc:1ertify, tl-iat this carnf)kes fi.,flIly with the above req t,i i re rn ents Wa Lro O, D a te 110,F, ............. ....................... ............ ........... S L I b S(I ri b(E-,� rl("I W r I'i by me arm of 141 1 ys it 10 afhant,), denfificattion) Fle/S'I is personall known to al S s C o r, h a p r o(d I �.,d Y ..............."'LI as idet'itificatioiII V11011"ORIA WEELAT I ....... ............. Notaty Pub,11'e Y 11,11"I"(j B L I Cc Stltc�of Florida COMO F11174-4459, ............................... ...... 30/202g,........I ......... ...........--I ....a....... .................. -........ mum......... 16J A IG�O k,,:1,SI A (.)A"I"I(. Cd"A E_NTE[,­Z A CT FV ITI ["(,)0 I_ I E N,"0 V A T I ")NS PLJB1,.1C ENTITY CRIME S"I"AImp, EMEN10 INS A, p i I i r­i p 1,a d o,i��) t h e c o r v(,!.1)rIido,r- ht,,it following a foi, PUblic,eritity criji,)e a,my 1`101 a N111 o1n, a coritracil to pirovicie ar"iy goods,orservices to,a ptiblic, erifity for fl"ie co,i",),,strtxtiorI'i or, t-epair of a kentity iay not subn"iit a, bid on a P U,11)1 i c; b�.flldr,ig or- 1,)i-iblic, work, nii(�A s(,,,ibrnJt 1,.")ids, le� � (z;1s of real pr"operty to, public ell'I al�(,.,I, riot be awar'ded or work.as a contract,,or, supjr.),h( sub(:;,orlitractor, or-CON"fRAM"GIR uil"'idet, a Cor"11ract wifl,�l arly, eriltity, at 1(',1 ni� y r,i�o t It i""�S C,It b,t,,11,C�:;i r1l i,­'� w i t 1,I")�� a r')y r')(,,,i b I i r)t i t,y i ril e,x 0 e s s (' "');A1,� I X1 Florida ites, fnit" (, yl per'kx.] of 3(�,,)' „y�c") d, v 1, 1�ir",t V i"',i d I e t[a,( E at A I iia o6,aod . (P a n"i e) t,i o t any,Afate [ms n,fir.wu ri, plac-ed o[,­i Cor,1viCt(,1.d ve''ridor h4st within fl i es, I t t[IiitlyII (36) nior'it]'�)� 144 S,1,g 1"11(a t�t.11 1,(1 Da,te I.......... I IEZ- 0 1,, C.;' f,,),res,et,)ce or S ubs,(I ribled and Is w o,t*ti, o, (or bzz,.%forre rrie, by, 1­11(1 f y%,,J(:0a1' Jate) y of affiant). Fle/Slri,e or"tall' by (t")a r p e I (ty .mi., of i ati !)N kr'i,,owi'i,, to or has r o d i iced ............) idet"'�,fifjcafiofl, aV (S E A NV y C 0 1"Ir'l r)­l i�,.')Si C),[1 (A X 1")11"("), V1071"ORIA WE1...CF1 Notary PublIc di State offloci CO"I'MW IIH744459 F 1, E,xPINS 11/30/2029 .............. P IR 0 1,1 ................. ................ ................................................................... ...... JACOBS AQUATIC CENTER ACTIVITY POOL RENOVATIONS VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS 11*0i,4,C-D�[<p 041CW, Project Description(s)- A ci; ............. QV�6, Respondent'Vendor Name- Vendor FEIN: A4 Vendor's Authorized Representative Name and Title, Address: 6, 300 O,q City- A io\A 4 CeA-ek. S-ea t e: zip, P hone Number Email Address: C 0 l 11'6, .Section 28'7.1351,, Florida St Lutes prohibits a company from bidding on,, submitting a proposal for, or, entering into or renewing a contract for goods or services of any amount if,, at the time of contracting or renewal, the company is on'the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215.4725, Florida, Statutes, or is engaged in a Boycott of Israell. Section 287,135, Florida Statutes, also prohibits a company from bidding on,, submitting a proposal for, or entering into or ri newing, a contract for goods or services of $1 000,000 or more,, that are on either the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with Activities, in the Iran 'Terrorism Sectors Lists, which were created pursuant to Section 215.473, Florida Statutes, or is engaged in business operations in Cuba or Syria. As the person, authorized to sign on behalf of' Respondent, I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name"' is not listed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott,of Israel and for Projects of'$1,0009000 or more is not listed on, either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities, in the, Iran Teirroirisen Sectors List, or,engaged in business operations in, Cuba or Syr,ia. I and that pursuant to Section 2,87.135,, Florida Statutes the submission of a false certification may subject companyto civil penalties, attorney J,s,fees, and/or costs. I further understand that any contract with the County may be terminated, at the option of the County I s if the company is f6und to, have submitted a false certification or has, been placed on the Scrutinized Companies that, Boycott Israel List or engaged in a boycott of Israel or placed on the, Scrutinized Companies with Activities, in Sudan List or the, Scrutinized ,Companiles with Activities in the, Iran Terrorism Sectors List or been engage in business, operations in Cuba or Syria. Certified By- is authorized, to sir on behalf of the above r renc d C any. Authorized Signature:-- Print N e: SkiAo'ctr'(41, \J1 Title: 7)� klcAea Note:-, The List,are available at the following Department of Management Services Site: i-it p t 1`11 1 'o_l/www..6 ........ er-ded r qg�'T p]ak-it1(,'Z, yer,idir:,-)r 11sts PROPOSAL, FORM 00 120- Page 35 of 224 JACOBS AQUATIC GENT ER ACTIVITY POOL RENOVATIONS AFFIDAVIT A,T'TESTING 'I'O 'NO,Nl'C,'OE,,RCI,VE CONDUCT FOR 1''ABOR OR SER,VICES 6AC4 CCI C, Ent"ty/Vendor N ajile: 41 idot�- 1"ElN": r6os, c)e Vendor s Atithorized 1�epres,entafive. ........................ (Nat, and Title) ................................................. .............. Address-__., ...................S-' City,. state Zip: Enla'l Address:PhoneNL'1111,bei ................ As a i iigovet,ii.,i,i.ieri,taI entity exeCLItil1g,renewing,or ext-ending a,contract Nvith,a governiiient entity, Vendor, is required to pi-ovide an affidavit Un,der penalty ofperJ'AITY attesthlg) that Vendor does t'iot use aura for labor or sei-vices in accordaiwe with S,ection '787.06, Horkia Staftlte&M As del'ined in Sectio�t,'i '7',87.06(2,)(,�t,),,, coercion n"ic,,an,s" 1, 1.-.')Sirig or threat.ening to use hysical 2. Restrah latiti t 11,11g,]SO g,o r co ii fi ii,i i i g o t th re at i n g to re st ra,i[l Isolate oi,-coi�it7iiieai,iypeisolw'tli,,ollt lawfid a1ithority and agahist l �or his will; 3. in lending or otheir creditniethods,to establisti a debt by any person wli.en labor or services are pledged as a securit- of value of th�e labor or,services,as reasona,bly assessed I I y fior tile debt, not applied toward t1le HqUidation of the debt,the length and n,aftlre of the labor or service ti,j.e not. respectively lAniited and defiltied-, 4. 1')esti-oyiti1g)',, co,ticealing, rem.oving, confiiscatin,g, wittiliolding, or possessnigany actUal or purpot1ted passport, visa., or other inimigration do,CLIrri.en't., or any other actUc-All 01- pUrported "dent'fication d0CL1jnent,,of any 1")erson;government 11 1 , I 5. Causing,or threatening to caUse f"Inanclal ll,arn,i to any 1)erson; 6. Enticing or luririg any pet-son by fraud,(.)r cleceit; ()'r 7'. Providing a coi'itrollecl Ribst4aru,,t as,Malined in; S,c1'-'iedLJ1C 1. or Schedule 'll ofSecti(")11 893.03 to any persc)n flor thC P111-I)OSC of uit J-),erson. As a persoti,aUtI1,01"ized to sign on behalf'of Vejldor, I ceilify Under penalties of erg Uri, that Vend,ordoes.not Use coercion, for labor or services in accordance with Section 787.06—Addition ill y, Vendor has reviewed S,ectlon 787.06, Florida StatUles, ai,lid agrees to abide by sanie. Certified By: 0`14 who is, authorized to sigil, on behal,f of the above refere ice con an Authorized Signature: ............. Print Name: Itle: P(C PROPOSAL FORM 00 1 20�- Page 36 of 224 L CO U) 0 IL (1) 0 0 CD U y e +_+ U) ■ _ U) ■ LM LO ' U > FM _0 .................................................................................................. cr Lf) CN o CD 0 N 0 m co C-) 0 0 U) U U e(!� L ■ ■ z ku — i— W _0 4-a 0 C: U) .® .® L— +-a maw E U) .. L U) 0 U ■ ■ (_n IZ- �aVlla YrN U ' — +J U) � V _0 C:m a) N N U_ Q m .® m d v� - U o0 � DATE(MM/DD/YYYY) AC ) CERTIFICATE OF LIABILITY INSURANCE 6/18/2025 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT NAME: Donald Morgan Group GA FAX Morgan&Associates Insurance G PHONE 7709178477 8667136171 g p- A/c,No,Ext: (A/C,No): PO Box 5813 ADDRESS: dmorgan@maginsurance.com INSURER(S)AFFORDING COVERAGE NAIC# Douglasville GA 30154 INSURER A: KINSALE INSURANCE COMPANY 20010 INSURED INSURER B: STARNET INSURANCE COMPANY Standguard Aquatics Inc INSURER C: SCOTTSDALE INSURANCE COMPANY 5665 Atlanta Hwy INSURER D: CERTAIN UNDERWITERS AT LLOYDS Ste 103-168 INSURER E: BEASLEY EXCESS AND SURPLUS INSURANCE Alpharetta GA 30004 INSURER F: EVANSTON INSURANCE COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER (MM/DD/YYYY) (MM/DD/YYYY) LIMITS COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1001000 CLAIMS-MADE F*VI OCCUR PREMISES(Ea occurrence) $ 1001000 Pool maintenance MED EXP(Any one person) $ 101000 A Life Guard Services Y 0100236475-2 06/20/2025 06/20/2026 PERSONAL&ADV INJURY $ 1001000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 21)0001000 POLICYF-]PRO- F-]JECT LOC PRODUCTS-COMP/OP AGG $ 1,000,000 OTHER: Contractual Liability $ AUTOMOBILE LIABILITY UUMBINED SINGLE LIMI 1 $ 1,000,000 (Ea accident) ANY AUTO BODILY INJURY(Per person) $ A OWNED SCHEDULED 998266241 06/02/2025 06/02/2026 BODILY INJURY(Per accident) $ AUTOS ONLY AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ +/�► AUTOS ONLY AUTOS ONLY (Per accident) UMBRELLA LIAB OCCUR EACH OCCURRENCE $ 510001000 C EXCESS LIAB CLAIMS-MADE Y CXS4049886 04/20/2025 04/20/2026 AGGREGATE $ 5001000 DED I I RETENTION$ 10,000 $ WORKERS COMPENSATION PER UIHAND EMPLOYERS'LIABILITY Y/N STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 B OFFICER/MEMBER EXCLUDED? F_y] N/A BNUWC0162883 OS/25/2024 OS/25/2026 (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,0001000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ Physical and Sexual $110001000 D/E Physical and Sexual Abuse Pollution Liability Y D3976C250101/ECOC826065 04/20/2025 04/20/2026 Pollution Liability $110001000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) The Monroe County Board of County Commissioners are listed as additional insureds and Loss payees S T' Wmw, uww BY, 7L—�, krtFwyl A :•2W,26..................... kX _, CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN Monroe County BOCC ACCORDANCE WITH THE POLICY PROVISIONS. 1100 Simonton Street AUTHORIZED REPRESENTATIVE P J Mares Key West FL 33040 ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD JACOBS AQUATIC CENTER ACTIVITY POOL RENOVATIONS PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Worker's Compensation Statutory Limits Employers Liability $500,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease Policy Limits $5000,00 Bodily Injury by Disease, each employee General Liability, including $500,000 Combined Single Limit Premises Operations Products and Completed Operations Blanket Contractual Liability Personal Injury Liability Vehicle Liability (Owned, non-owned, and hired vehicles) $300,000 Combined Single Limit If split limits are preferred: $200,000 per Person $300,000 per Occurrence $00,000 Property Damage Builder's Risk: Not Required The contract shall require a Public Construction bond equal to the contract cost. The bond must be issued by an A rated surety company doing business in the State of Florida. The Contractor shall provide a certified copy of the recorded payment and/or performance bond to the Owner pursuant to Fla. Stat. Sec. 255.05. Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum insurance requirements prescribed elsewhere in this Agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B) the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be equal to the dollar value of the contract and not less than $1 million per occurrence pursuant to Section 725.06, Florida Statutes. Insofar as the claims, INSURANCE REQUIREMENTS AND FORMS 00130- Page 45 of 224 JACOBS AQUATIC CENTER ACTIVITY POOL RENOVATIONS actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractors failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this AGREEMENT. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. PROPOSER Signature INSURANCE REQUIREMENTS AND FORMS 00130- Page 46 of 224