CN-370000-HW683-DC020C.pdf

Funding Information:

Org. Code E.O. Object Code Budget Entity Appropriation

Category Grant # Project # Year Amount

Additional Funding Information attached on separate page.

Rev. 8/26/2020

STATE OF FLORIDA

DEPARTMENT OF ENVIRONMENTAL PROTECTION

Task Assignment This Task Assignment (TA) is entered into between the Parties named below, pursuant to Contract Number: .

1. TA Number: TA Completion Date:

TA Description:

2. Parties State of Florida Department of Environmental Protection (Department)

Department Project Manager: Department Project Manager Phone:

Contractor Name: (Contractor ) ntractor’st ’s Project Manager: ontractor’s t’s Project Manager Phone:

3. Project Number:

(If different from TA Number)

Project Location(s):

Project Name:

4. As consideration for the services rendered by Contractor under the terms of this TA, the Department shall pay the Contractor on the following bases, up to the Total TA Value as indicated below:

Fixed Price:

Fixed Unit Rate: (Extended Price)

Cost Reimbursement:

Total TA Value:

5. The Parties agree to comply with the terms and conditions of the underlying the Contract, and the following attachments which are hereby incorporated by reference:

Attachment 1:

Additional Attachments (if necessary):

IN WITNESS WHEREOF, this TA shall be effective on the last date signed below.

State of Florida Department of Environmental Protection

CONTRACTOR Department Name:

Title: Secretary or Designee

(Authorized Signature) (Authorized Signature) Date:

Additional signatures attached on separate page.

HW683

DC020C Completion July 16, 2024

This Task Assignment authorizes Geosyntec to conduct groundwater sampling at Allen's Laundry in accordance with the Geosyntec scope of work and cost estimate received on January 16, 2024.

Sarah Aduwa 850-245-8973 Contractor Geosyntec Contractor

Contractor Blaine Dawson Contractor 904-450-4271

ERIC 4268

7385 State Road 21, Keystone Heights, Florida

Allen’s Laundry and Dry Cleaning

Contractor Contractor

✔ $ 7,444.22

$ 7,444.22

Scope of Work

Geosyntec Contractor Todd Kafka

Contract Manager

Todd Kafka, P.G. Digitally signed by Todd Kafka, P.G.

Date: 2024.02.16 11:52:16 -05'00'

Jennifer Farrell

Digitally signed by Jennifer Farrell Date: 2024.02.16 10:31:16 -05'00'

N/A

Task Assignment Notification/Change Order Deliverables and Invoice Schedule Attachment

WC TAFORM

Contract Number:

Task Assignment #:

Deliverables:

Deliverable Deliverable Due Date

Invoice Schedule:

Requirements for Invoice Submittal Amount to be Invoiced

TOTAL COST

Subtask 2 - Submittal of groundwater sampling field notes and IDW manifest 04/08/2024

Subtask 1, 3 - Submittal of Groundwater Monitoring Report 05/27/2024

Subtask 2 - Submittal of groundwater sampling field notes and IDW manifest $ 3,593.12

Subtask 1, 3 - Submittal of Groundwater Monitoring Report $ 3,851.10

$ 7,444.22

HW685

DC020C

FFLORIDAA DEPARTMENTT OF

EEnvironmentall Protection

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, FL 32399-2400

Ronn DeSantis Governor

Jeanette Nuñez Lt. Governor

Shawnn Hamilton Secretary

To: HW683 Contract Negotiation File Allen’s Laundry and Dry Cleaning Keystone Heights, Florida

ERIC_4268

From: Sarah Aduwa, Project Manager Date: February 15, 2024 Subject: Negotiation Summary

HW683_DC020C

This Task Assignment authorizes Geosyntec to conduct groundwater sampling at Allen’s laundry and dry cleaning in accordance with the Geosyntec scope of work and cost estimate received on January 16, 2024. The proposed groundwater monitoring is consistent with FDEP review comments provided in the Site Assessment Report Memorandum dated 29 November 2023.

Geosyntec confirmed on January 16, 2024, that Subtask 1 consists of the calculated project management labor, based upon 13% of the direct labor costs in this proposal, and includes fringe, overhead, other direct costs (ODCs) and completion fees.

Subtask 2: Groundwater Monitoring

Geosyntec will collect four (4) groundwater samples from the current monitoring well network per FDEP’s review comments provided in the Site Assessment Report Review Memorandum dated 29 November 2023. Depth to water measurement will be collected within a 24-hour period from the monitoring well network. Each of the four (4) monitoring wells (MW001 through MW004) will be conventionally sampled using a submersible pump and analyzed by a fixed lab for volatile organic halocarbons (VOGs) by Environmental Protection Agency (EPA) Method 8260B.

IDW will be staged in the rear of the facility and the selected IDW waste hauler is Hull’s environmental Services.

Subtask 3: Groundwater Monitoring Report Geosyntec will prepare a Groundwater Monitoring Report documenting the results of the depth to groundwater measurements and VOH concentrations. The data will be used to verify if additional downgradient monitoring is required and include recommendations on well location(s), if warranted. The report will be signed and sealed by a Florida-licensed professional geologist, and the final signed waste manifest for IDW transport and disposal will also be included.

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LEVEL OF EFFORT/EXPENSE WORKSHEET

SITE : Allen's Laundry and Drycleaning SUBTASK: Groundwater Sampling

DATE: 1/16/2023

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Senior Professional B. Dawson 4

Senior Staff Professional D. McGill

TOTAL LABOR 20

VEHICLE TYPE RATE UNIT USEAGE

Truck $120.00 Day 1 $120.00 Subtotal $120.00

TOTAL VEHICLE $120.00

SUBCONTRACTOR COSTS

NAME PURPOSE COST

IDW

Hulls $200.00 $200.00

Subtotal $200.00

TOTAL SUB $200.00

LABORATORY COSTS

PARAMETER RATE # SAMPLES #QAQC

VOHs $73.00 4 0 $292.00

Subtotal $292.00 Shipping

Small Cooler (0 to 25 lbs) $110.00 1 $110.00 Subtotal $110.00

TOTAL LAB $402.00

EQUIPMENT ITEM RATE COSTING UNIT USEAGE TOTALS

Analytical Related

Groundwater Sampling Kit $290.00 Day 1 $290.00 Subtotal $290.00

IDW Related Drum $100.00 Drum 1 $100.00

Subtotal $100.00 Expendables

$40.00 Day 1 $40.00 Subtotal $40.00

TOTAL EQUIPMENT $430.00

Property owner notification (1); Evaluating and interpreting field data (1); Prepare field package (1); Prepare and sign IDW manifest (1)

Field preparation (1); Mob 1 day @ 3 hr/day (3); Collect DTW measurements (2);

Calibration of equipment (0.5 hr/day x 1 day = 1 hr); Sampling 4 monitoring wells @ 1.5 hrs each (6); Sample management/shipping (1); IDW Management (1); Prepare field package (1)

2/15/2024 Page 3 of 4 Subtask 2

LEVEL OF EFFORT/EXPENSE WORKSHEET

SITE : Allen's Laundry and Drycleaning

SUBTASK: GMR

DATE: 1/16/2023

LABOR CATEGORY *PROVIDE TIME REQUIRED FOR EACH PERSON

STAFF-TITLE WORK DESCRIPTION HOURS

Principal T. Kafka 1

Senior Professional B. Dawson 12

Project Professional M. Hensley 4

Senior Staff Professional D. McGill 2

Administrative Assistant P. Gallagher 1

TOTAL LABOR 20

Report formatting and PDF compilation

Closure strategy assessment

Preparation of Groundwater Monitoring Report

Groundwater contours and groundwater results figures

Prepare tables, draft contour figures, assemble appendices

2/15/2024 Page 4 of 4 Subtask 3

FLORIDAA DEPARTMENTT OFF

Environmentall Protectionn

Bob Martinez Center 2600 Blair Stone Road

Tallahassee, FL 32399-2400

Ronn DeSantiss Governor

Jeanette Nuñez Lt. Governor

Shawnn Hamiltonn Secretary

Memorandum TO: Aaron Cohen, Contract Manager (Acting)

Waste Site Cleanup Section (WSCS)

FROM: Breck Dalton, P.G.

WSCS

SUBJECT: Site Assessment Report (SAR) – Dated 6/13/2023 Allens Laundry & Dry Cleaning 7385 State Road 21, Keystone Heights, Clay County, Florida

ERIC_4258

DATE: November 29, 2023

I have reviewed the subject report and have the following comments:

1. There is an onsite potable supply well that is not identified as part of the Department of Health potable well survey and apparently has not been sampled by DOH. Geosyntec sampled water from this well and concentrations were below reporting limits, but we need to communicate this to DOH and request that this well be added to their survey and be sampled. By the way, we have already requested that DOH conduct another survey for PFAS and this well should be added to that survey/sampling, too.

2. Section 4.5.1 – The text states that continuous soil cores were collected for lithologic descriptions, but the boring logs indicate that the continuous soil coring at the litho boring was only continuous from 0-30’ and that other coring wasn’t started until approximately 60’ below land surface.

3. Figure 8 – The cross section assumes that the clayey lithology identified in the lithology boring (LB001) from about 22-30’ extends to greater than 60’, but I don’t think we have data between 30-60’ to verify this.

4. MAGS test vacuums were low on all the tests including the step test (run at 6, 8, and 10 inches of water). This might be because of very porous soil and a deep depth to water (~60’), but Geosyntec doesn’t explain this and there’s no indication of whether higher vacuums were achievable with the equipment. It would be helpful if Geosyntec documented the reasons in the field notes or on the forms and in the text.

5. Soil concentrations down to 10’ (maximum depth achieved) are below SCTLs and MAGS concentrations to 10’ are low (maximum of 320 ug/m3). The vadose zone appears to meet the no further action criteria, at least beneath the former DC facility, and I don’t think we need deeper investigation beneath the facility building at this point. We could

Allens Laundry & Dry Cleaning

ERIC_4258

November 29, 2023 do deeper soil investigation beneath the former septic drainage area, since this is where we found PCE groundwater contamination, but I’m inclined to await further groundwater data before considering this.

6. Groundwater concentrations exceed GCTLs in two separate areas with TCE at 21 ug/l in one area and PCE at 73 ug/l in the other area. Geosyntec concludes that groundwater delineation is incomplete and recommends further GW assessment. I concur with these conclusions and recommendations, but think we should resample GW prior to additional well installation since the last samples were collected in March 2023.

7. Geosyntec also suggests that conditional closure may be justifiable if the groundwater plume can be shown to be stable/shrinking. As this site is located in an “e-permitting” water management district, this may be a viable option.

ec: Todd Kafka - Geosyntec

ERIC_4268 - Allen's Laundry and Dry Cleaning - Groundwater Monitoring SOW_2024

1200 Riverplace Boulevard, Suite 710 Jacksonville, Florida 32207

PH 904.858.1818

FAX 904.396.1143

www.geosyntec.com

16 January 2024

Ms. Sarah Aduwa Florida Department of Environmental Protection 2600 Blair Stone Road Tallahassee, FL 32399-2400

Subject: Groundwater Monitoring

Scope of Work/Level of Effort Allen’s Laundry and Dry Cleaning 7385 State Road 21, Keystone Heights, Florida

FDEP ERIC ID ERIC_4268

Dear Ms. Aduwa, Geosyntec Consultants, Inc. (Geosyntec) has prepared this scope of work (SOW), Cost Estimate Form (CEF), and Level of Effort (LOE) for groundwater sampling at the Allen’s Laundry and Dry Cleaning Site (Site) located in Keystone Heights, Florida. A copy of the CEF and LOE is provided as Attachment A. The groundwater monitoring proposed in this SOW is consistent with the Florida Department of Environmental Protection’s (FDEP) review comments provided in the Site Assessment Report Review Memorandum dated 29 November 2023.

On 11 January 2024, Geosyntec confirmed that a Site Access Agreement (SAA) was executed with Keystone Laundry & Dry Clean, Inc., on 24 June 2022 as the real property owner of the Allen’s Laundry and Dry Cleaning Site (ERIC_4268) located at the above address. The Clay County property appraiser database indicates the property owner since 31 October 2008 is “Keystone Laundry & Dry Clean, Inc.,” and that the property has not changed ownership since then. As a result, Geosyntec believes the current SAA remains in force.

Subtask 1 – Project Management

Subtask 2 – Groundwater Monitoring

Geosyntec will collect four (4) groundwater samples from the current monitoring well network per FDEP’s review comments provided in the Site Assessment Report Review Memorandum dated 29 November 2023. Depth to water measurements will be collected within a 24-hour period from the monitoring well network. Each of the four (4) monitoring wells (MW001 through MW004) will be conventionally sampled using a submersible pump due to groundwater depth (approximately

ERIC_4268 - Allen's Laundry and Dry Cleaning - Groundwater Monitoring SOW_2024

55 to 65 feet below land surface). The four (4) groundwater samples will be analyzed by a fixed-based lab for volatile organic halocarbons (VOHs) by Environmental Protection Agency (EPA) Method 8260B.

Purge water generated during sampling activities will be placed in a 55-gallon drum and manifested for off-site disposal. IDW will be staged in the rear of the facility. Historical analytical results indicate the existing non-hazardous IDW groundwater profile with our selected IDW waste hauler Hull’s Environmental Services is applicable. Historical PFAS profiling analytical results have indicated disposal as non-hazardous waste under the existing non-hazardous waste profile.

Bid costs prepared by the waste disposal companies are summarized in the following table and included in Attachment A.

Subtask 3 – Groundwater Monitoring Report

Geosyntec will prepare a Groundwater Monitoring Report documenting the results of the depth to groundwater measurements and VOH concentrations. The report will contain tables summarizing field/laboratory groundwater data, figures showing groundwater flow direction(s), and a summary of the groundwater monitoring event. The data will be used to verify if additional downgradient monitoring is required and include recommendations on well location(s), if warranted. The report will be signed and sealed by a Florida-licensed professional geologist, and the final signed waste manifest for IDW transport and disposal will also be included.

ERIC_4268 - Allen's Laundry and Dry Cleaning - Groundwater Monitoring SOW_2024

Invoice and Deliverable Schedule:

Subtask Deliverable Invoice Amount

Deliverable Date

Submittal of groundwater sampling field notes and IDW manifest

1 March

$3,593.12

1, 3 Submittal of Groundwater Monitoring Report 19 April

$3,851.10

Total $7,444.22

As always, it is a pleasure to work with the FDEP. If you require any additional information or have any questions, please contact Blaine Dawson at 904.450.4271.

Sincerely, Blaine Dawson, P.G.

Senior Geologist

Todd K. Kafka, P.G.

Sr. Principal Hydrogeologist

Attachments A – Subcontractor Cost Evaluation and Quotes

1 Drum $200 1 Drum $575 1 Drum $142 1 Transportation $196 1 Recovery Fee $51

Note: The selected subcontractor is highlighted in yellow.

Subcontractor Evaluation: Allen's Laundry and Dry Cleaners, Jacksonville, Florida

Hepaco, LLC

$200.00 $575.05 $388.32

IDW DISPOSAL

Hulls WRI

Proposal No. : 23-AK0303 Date : 3/3/2023

PROPOSAL & SHORT FORM AGREEMENT FOR WASTE DISPOSAL SERVICES

Additional Terms:

Drums must be labeled, securely closed and free of leaks.

All Services subject to a minimum charge of $195 Standby to be charged at an additional $145/hr Water treatment loads containing equal to or greater than 2% solids will be assessed a solids surcharge of

$0.68/gallon, applies to the solids portion of the load only.

Payment Terms: [NET 30 Days] In addition to the charges above, Customer shall reimburse Water Recovery for any tariff, permit or approval fees, tax surcharges or sales, or use or any other applicable fees related to the performance of the Services.

Proposal is based upon accuracy of information provided by Customer; any changes to the waste stream data or site conditions may result in additional charges.

Prior to commencement of Services, Water Recovery must receive and approve of the Customer’s Non-

Hazardous Waste Stream Profile and inventory (if applicable).

This Proposal, the attached General Terms and Conditions, and any documentation referenced above shall constitute the entire agreement between Water Recovery and Customer with respect to the waste handling, transportation, and/or disposal of the waste identified above. By signing below, the undersigned represents his/her authority to bind Customer and generator (if different than Customer) to the terms and conditions herein. Water Recovery may withdraw this Proposal prior to acceptance, at any time.

Dated this 3 day of March, 2023.

WATER RECOVERY CUSTOMER

(Signature)

(Signature)

WATER RECOVERY CUSTOMER

Company : Water Recovery, LLC Company : Geosyntec Consultants Contact : Amanda Kimball Contact : Maria Lemes Street : 1819 Albert St. Street : 12802 Tampa Oaks Blvd.

City, State, Zip : Jacksonville, FL 32202 City, State, Zip : Tampa FL 33637 Phone : 904-475-9320 Phone : 813-981-2628 E-mail : akimball@wrijax.com E-mail : maria.lemes@geosyntec.com

WASTE AND SERVICES INFORMATION

Generator : Various (as manifested) Waste Description : Non-hazardous industrial waste Waste Location : Various (as manifested) Anticipated Volume : Various Anticipated Frequency : As Needed Disposal Quote : Water Treatment – Non-hazardous waste - $0.18/gallon

Solidification – Non-hazardous waste - $0.68/gallon Non-hazardous drum disposal - $105/drum PFAS – Rate varies, please call for quote

Transportation : Local (Jacksonville)- $425/load, plus fuel surcharge (currently 8.5%) Brunswick, GA- $595/load, plus fuel surcharge (currently 8.5%) Orlando/Titusville, FL- $1,025/load, plus fuel surcharge (currently 8.5%)

Description of Services : Transportation and disposal of non-hazardous waste.

Documentation : Proposal No.: 23-AK0303 and General Terms and Conditions

$575.05

Printed Name/Title

Printed Name/Title

GENERAL TERMS AND CONDITIONS

1. Agreement. These General Terms and Conditions and attached Proposal (including any documentation referenced therein) shall, together, form the “Agreement” for which Water Recovery agrees to provide waste disposal, handling, transportation, and/or management services identified on the attached Proposal (the “Services”) for Customer’s waste identified on the Proposal and any applicable waste profile form(s) submitted by Customer and approved by Water Recovery (“Waste Profile”). Performance of the Services shall be contingent upon execution of this Agreement and Customer providing and Water Recovery approving Customer’s Waste Profile in writing.

2. Nonconforming Waste. Any waste, substance, and/or material tendered or delivered by Customer to Water Recovery (in any manner) that is not in strict conformance with the description or information on the applicable Waste Profile, as well as any substance or waste considered hazardous under any applicable federal, state, or local statute, regulation, or ordinance or by any governing agency, shall be deemed “Nonconforming Waste”.

3. Customer Warranties. Customer hereby represents and warrants the following: (i) the wasted tendered to or received by Water Recovery pursuant to this Agreement is not considered Nonconforming Waste; (ii) Customer and its subcontractors (of any tier), shall comply with all applicable laws, ordinances, regulations, orders, permits, or other legal requirements applicable to this Agreement related to Customer’s operations and handling or management of the waste; and (ii) if executing this Agreement on behalf of another party (including but not limited to the generator of the waste) Customer represents and warrants that it has authority to bind the other party to the terms and conditions of this Agreement and if not, shall remain responsible to Water Recovery for the same.

4. Water Recovery Warranties. Water Recovery represents and warrants that it will perform the Services in a safe and workmanlike manner, consistent with reasonable industry standards, and in accordance with all applicable federal, state, and local laws, ordinances, orders, rules, and regulations.

5. Term of Agreement. This Agreement shall commence upon the effective date indicated on the Proposal and shall terminate upon the completion of Services unless otherwise terminated earlier by Water Recovery. Water Recovery may terminate this Agreement for convenience by providing Customer with thirty (30) days written notice or immediately in the event Customer is in material breach of this Agreement which shall include but not be limited to: (i) Customer’s failure to timely pay any amounts owed to Water Recovery; (ii) any actual or alleged violation of any applicable federal, state, or local statute, regulation, ordinance, permit, or regulatory agency directive by Customer, its subcontractors (of any tier), or any entity or personnel whom Customer is responsible for; (iii) any attempt to or actual tender of Nonconforming Waste to Water Recovery (in any manner whatsoever); and (iv) any breach of Section 9 below.

6. Inspection/Rejection of Waste. Title to and liability of the waste shall remain with Customer and/or the generator at all times. Water Recovery shall have the right to inspect, analyze, or test the waste and if, in Water Recovery’s sole discretion, it is deemed Nonconforming Waste, Water Recovery may choose to any of the following at Customer’s sole cost and expense: (i) reject and return the waste to Customer; (ii) require Customer to remove and dispose of the Nonconforming Waste; (iii) elect to handle the Nonconforming Waste as described in Section 7 below; (iv) or any other course of action deemed necessary to comply with applicable federal, state, or local statutes, laws, regulations, ordinances, permits, or regulatory agency directives, guidance, or orders. Customer shall be responsible for any additional costs, charges, expenses, or fees arising from Water Recovery’s choice with respect to the Nonconfirming Waste as set forth herein.

7. Special Handling; Nonconforming Waste. If Water Recovery elects to handle any Nonconforming Waste, Water Recovery shall have the right to manage the same in a manner deemed appropriate by Water Recovery and Customer shall be responsible for any and all related additional expenses as set forth in Section 6 above.

8. Indemnification. To the fullest extent allowable by law, the parties shall be responsible for the following allocations of liability:

a. Water Recovery. Water Recovery shall defend, indemnify, and hold harmless Customer from and against any and all claims, liabilities, penalties/fines, costs, and expenses (including reasonable attorneys’ fees) (“Claims”) arising from or related to the Services performed under this Agreement and to the extent caused by Water Recovery’s applicable fault including but not limited to negligence, strict liability, breach of its warranty obligations in Section 4 above, or any other legal theory of liability attributable to Water Recovery, provided that Water Recovery’s indemnification obligations will not apply to occurrences involving Nonconforming Waste.

b. Customer. Customer shall defend, indemnify, and hold harmless Water Recovery and its parent, subsidiary, and affiliated companies, and their respective directors, officers, employees, and agents (“Water Recovery Indemnitees”) from and against any and all Claims arising from or related to this Agreement or the Services provided hereunder and to the extent caused by Customer’s applicable fault including but not limited to negligence, strict liability, breach of this Agreement (including Section 3 above), or any other legal theory of liability attributable to Customer or its other subcontractors of any tier in the performance of this Agreement.

c. Waiver of Immunity. In furtherance of the foregoing indemnity obligations, Customer and Water Recovery agree to waive any immunity afforded to it under workers compensation or similar law.

9. Facility Access. Customer’s access to Water Recovery’s facility shall be limited to the sole purpose of off-loading waste in the manner directed by Water Recovery. Customer and its subcontractors (of any tier) shall comply with all rules of the facility and directions given by Water Recovery personnel. Water Recovery may revoke or deny Customer (or its subcontractors of any tier) access to the facility in the event Customer, or its subcontractors (of any tier), fail to follow any such directives, rules, or regulations, and Water Recovery shall not be responsible for any expenses related to such removal.

10. Charges and Payments. Payment to Water Recovery shall be deemed earned as Services are performed and Customer shall make payment to Water Recovery without offset or deduction the earlier of: (i) the payment term indicated on the Proposal or (ii) if no payment term is expressly indicated, within net thirty (30) days upon receipt of Water Recovery’s invoice. Late payments shall earn interest at the rate of 1.5% per month, or the maximum amount permitted by law, whichever is less. Customer shall be responsible for and shall reimburse Water Recovery for any and all costs and expenses (including attorney’s fees) incurred for collections of payments overdue.

11. Consequential Damages. Neither party shall be responsible for any consequential, incidental, punitive, or special damages whatsoever (including but not limited to, business interruption, extra expense, loss of use of any property, or delay) arising out of or relating to the Services and/or this Agreement, howsoever caused and regardless of whether the same results from the negligence of a party, or otherwise and even if the possibility of such was or could have been foreseeable.

Force Majuere. Except for the obligation to make payments hereunder, neither party shall be in default for its failure to perform or delay in performance caused by events beyond its reasonable control, including, but not limited to, strikes, riots, imposition of laws or governmental orders, fires, acts of God, and inability to obtain equipment, and the affected party shall be excused from performance during the occurrence of such events

12. Counterparts and Facsimile Signatures. This Agreement may be executed in two or more counterparts, each of which will be deemed an original and all of which together will constitute the same agreement. Facsimile or email signatures and/or acknowledgement and acceptance shall be considered valid.

13. Severability. The partial or complete invalidity of any one or more provisions of this Agreement shall not affect the validity or continuing force and effect of any other provision. If any provision is invalid, in whole or in part, the balance of the provisions shall be considered reformed to reflect the intent of the parties to the greatest extent possible consistent with applicable law.

Governing Law, Venue and Legal Fees. The interpretation and performance of this Agreement shall be governed by the laws of the state of Florida which the Services are performed and any litigation or dispute arising in connection with this Agreement shall be settled by arbitration administered by the American Arbitration Association in accordance with its commercial arbitration rules, and judgment on the award entered by the arbitrator(s) may be entered into any court having jurisdiction thereof. The substantially prevailing party shall be entitled to its legal fees and costs with respect to any litigation or dispute arising pursuant to this Agreement.

14. Entire Agreement, Neutral Construction and Headings. This Agreement constitutes the entire agreement between the parties and expressly supersedes and negates any prior or contemporaneous agreements, whether written or oral. This Agreement may not be modified or amended except by a writing signed by both parties. The parties agree that each has had the opportunity to review the terms of this Agreement and to request any desired changes or clarifications and this Agreement shall be construed neutrally, and as the commemoration of the mutual assent of both parties, rather than for or against either party. The title of this Agreement and headings used herein are for reference only and shall not be construed to give any substantive meaning.

$793.68