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09/19/2007 Agreement DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 2, 2007 TO: Dent Pierce, Director Public Works Division ATTN: FROM: Beth Leto, Assistant Director Public Works Division Pamela G. Hancoc~ At the September 19, 2007, Board of County Commissioner's meeting the Board granted approval to award bid and authorized execution of an Agreement between Monroe County and Decktight Roofing Services, Inc. to replace the roof at the May Hill Russell Library in Key West. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance File MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT AGREEMENT FOR MONROE COUNTY LIBRARY, KEY WEST, FLORIDA (MAY HILL RUSSELL LIBRARY) ROOF REPLACEMENT This Agreement is made and entered into this 21 day of ~, 2007, between MONROE COUNTY, FLORIDA ("COUNTY" or "Owner"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and DECKTlGHT ROOFING SERVICES, INC. ("CONTRACTOR"), a Florida corporation, whose address is 6880 NW 17th Avenue, Fort Lauderdale, Florida 33309. WHEREAS, COUNTY desires to replace the roof at the May Hill Russell Library, Key West, Momoe County, Florida, and WHEREAS, CONTRACTOR desires and is able to replace the roof at the May Hill Russell Library, Key West, Momoe County, Florida; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to replace the roof at the May Hill Russell Library, Key West, Momoe County, Florida, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document and any exhibits, the Request for Bid, the Specifications, the Drawings, all Change Orders and any addenda, the CONTRACTOR's Bid documents, and other amendments hereto executed by the parties, together with the required County documents furnished as part of the Bid or required to be furnished by the Bid, and all required insurance documentation. 2. SCOPE OF THE WORK: Roof Replacement - May Hill Russell Library, 700 Fleming Street, Key West, Florida, as follows: The Work includes removal of existing concrete tile and membrane roofing system where shown on the contract Documents, minor roof substrate improvements required after removal, and installation of a new concrete tile and membrane roofing system as contained within the Agreement. 3. PAYMENTS TO CONTRACTOR A. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. Agreement September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT B. CONTRACTOR shall submit invoices to COUNTY with supporting documentation acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. C, COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act, including the provisions for retainage. Invoices will be paid on a MONTHLY schedule in arrears. Payment will be made after delivery and inspection by COUNTY and upon submission of a proper invoice by CONTRACTOR. D, The Owner shall pay the CONTRACTOR in current funds for the CONTRACTOR's performance of the Contract per Section 01290 of the Specifications, the Contract sum of Three hundred eighty-six thousand eight hundred eighty-seven and 55/100 Dollars ($386,887.55) ("Base Price"). The Base Price includes all labor and materials described in the Scope of Work with the exception of additional wood or concrete roof substrate materials necessary to replace existing substrate. In addition to the Base price, the Owner will pay the CONTRACTOR for replacement wood or concrete roof substrate materials at the rate of $15,00 per board foot for wood and $500.00 per cubic foot for concrete ("Additional Materials"), subject to prior written approval of the Senior Director, Facilities Maintenance for Monroe County. E. Final payment, constituting the entire unpaid balance of the Contract Amount, shall be made by the Owner to the CONTRACTOR when the Contract has been fully performed by the CONTRACTOR, 4. ACCEPTANCE OF CONDITIONS BY CONTRACTOR CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate licenses, Proof of such licenses and approvals shall be submitted to the COUNTY upon request. This Agreement and the provision of the services at the location listed have been fully considered by the CONTRACTOR, who understands the same and agrees to their sufficiency and suitability. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the COUNTY than against the CONTRACTOR. The passing, approval, and/or acceptance by the COUNTY of any of the services furnished by the CONTRACTOR shall not operate as a waiver by the COUNTY of strict compliance with the terms of this Contract, and specifications covering the services, Failure on the part of the CONTRACTOR, immediately after Notice to Correct shall entitle the COUNTY, if it sees fit, to correct the same and recover the reasonable cost of such replacement and/or repair from the CONTRACTOR, who shall in any event be jointly and severally liable to the COUNTY for all damage, loss, and expense caused to the COUNTY by reason of the CONTRACTOR's breach of this Contract and/or his failure to comply strictly and in all things with this Contact and with the specifications. The CONTRACTOR warrants that it is authorized by law to engage in the performance of the activities encompassed herein, subject to the terms and conditions set forth in these contract documents. CONTRACTOR shall at all times exercise independent judgment and shall assume responsibility for the services to be provided Agreement 2 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 5. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. 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 four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 6. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other 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 Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 7. PUBLIC CONSTRUCTION BOND "When the Contract Amount exceeds $150,000, the Owner shall require the CONTRACTOR to furnish a Public Construction Bond in the form provided by the Owner as a guarantee for the faithful performance of the Contract (including guarantee and maintenance provisions) and the payment of all obligations arising thereunder. The Public Construction Bond shall be in an amount at least equal to the contract price. This contract is subject to the provisions of Section 255.05, Florida Statutes. The properly executed Public Construction Bond is to be provided to the Owner within ten (10) days after receipt of Notice of Award and maintained throughout the life of the contract." 8. HOLD HARMLESS AND INSURANCE CONTRACTOR covenants and agrees to indenmify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by CONTRACTOR or any of its subcontractors in any tier occasioned by the negligence, errors, or other wrongful act or omission of CONTRACTOR, its employees, or agents or subcontractors in any tier. In the event that the service 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 or lost revenue resulting from such delay. The first Ten Dollars ($10.00) paid to the CONTRACTOR is for the indemnification referenced above. The extent of liability is in no way lessened by the provision of insurance. The provisions of this section shall survive the expiration of this agreement. Agreement 3 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates ofInsurance indicating the minimum coverage limitations in the following amounts: WORKERS COMPENSATION AND EMPLOYER'S LIABILITY INSURANCE. Where applicable, coverage to apply for all employees at a minimum statutory limits as required by Florida Law, Employers' Liability Insurance with limits of not less than $500,000 Bodily Injury by Accident, $500,000 Bodily Injury by Disease, policy limits, $500,000 Bodily Injury by Disease, each employee. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company must maintain a minimum rating of A-VI, as assigned by the A, M. Best Company. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE, Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability, Coverage shall include all owned vehicles, all non-owned vehicles, and all hired vehicles, COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of liability of not less than $500,000.00 per occurrence combined single limit for Bodily Injury Liability and Property Damage Liability, Include as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested, Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida, If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers, Monroe County must be named as an additional insured on all policies except Worker's Compensation. 9. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR 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, Agreement 4 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 10. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent and not an employee of the Board of County Commissioners of Momoe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Momoe County. 11. NONDISCRIMINATION COUNTY and CONTRACTOR 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. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 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 s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 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, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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 s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 12. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. Agreement 5 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 13. COMPLIANCE WITH LAW AND LICENSE REOUlREMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 14. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR and COUNTY both represent that it, its directors, principles and employees, presently have no interest and shan acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et seq., Florida Statutes. 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. Upon execution of this contract, and thereafter as changes may require, the CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends, supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall apply whether or not such program is required by statute, as a condition of probation, or is provided on a voluntary basis. 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 of Ordinance 10- 1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance 10-1990. For the breach or violation of the provision, the COUNTY may terminate this Agreement without liability and may also, at 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 County officer or employee. 15. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. Agreement 6 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 16. NOTICE REOUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: FOR COUNTY: FOR CONTRACTOR: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL 33040 and Monroe County Administrator 1100 Simonton Street Key West, FL 33040 DeckTight Roofing Services, Inc. ATTN 6880 NW 17th Avenue Fort Lauderdale, FL 33309 Notice shall be deemed received when hand delivered, delivered by mail, or when deemed undeliverable by the U. S. Postal Service. 17. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 18. TERMINATION A. The COUNTY may terminate this Agreement for cause with seven (7) days written notice to CONTRACTOR. Cause shall de defined as a breach of the obligations ofthe party to perform the obligations enumerated under this Agreement. B. This contract may be terminated for convenience by COUNTY upon ten (10) days written notice to CONTRACTOR delivered by hand or certified mail, return receipt requested, of intent to terminate and the date on which such termination becomes effective. CONTRACTOR shall cease work as directed. In such case, CONTRACTOR shall be paid for all work executed and termination expenses, and expenses incurred prior to termination. No payment shall be made for profit for work which has not been performed. Agreement 7 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 19. GOVERNING LAW. VENUE. INTERPRETATION. COSTS. AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Momoe County, Florida. 20. MEDIATION 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. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Momoe County. This Agreement is not subject to arbitration. 21. 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. 22. ATTORNEY'S FEES AND COSTS 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 in both trial and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of COUNTY and CONTRACTOR. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Agreement 8 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 24. 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. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 25. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 26. 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. 27. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 28. 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 ofthe 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. 29. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Agreement 9 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT 30. 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. 31. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 32. 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. 33. 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 COUNTY and CONTRACTOR hereto may execute this Agreement by singing any such counterpart. 34. 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. 35. PUBLIC ENTITY CRIME STATEMENT A person or affiliate who has been placed who has been placed on the convicted vendor list following a conviction for a 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 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 contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. Agreement 10 September 2007 MAY HILL RUSSELL LIBRARY, KEY WEST, MONROE COUNTY, FLORIDA - ROOF REPLACEMENT IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this A ,< 2' tHn the day and date first written above in four (4) counterparts, each of which /~>wilhQ~tProof or accounting for the other counterparts, be deemed an original contract /. /" -\\.........-~~ '<, ,,",i" . .,-' . (,,:~:- \ \ 1J p.../~ I,t (SI3i\ :J~~ , . '.' \ ,Attest: ANNY:L. \~_ ~\ \ _':_ ' \::_c?/j/ " ".,,,"'..,. ~\;;f??"~~ _ "".~ ',,;,.;.-,;~tY Clerk SEP 1 9 2007 BOARD OF COUNTY COMMISSIONERS OFMONROE~OUNT)?:LOIDA BY:~){)~ Mayor Mario Di GelJllaro SEP 1 9 2007 Date: Date: Witnesses for CONTRACTOR: ~~~~ Sig ature Date y /01.:2/07 I " Si ture 0 person authorized to I gally bind Corporation Date: H<i>-22-07 ~/~;;1M4 /~/~. rint Name / c/!,~~ ~ Signature ' Date (/";;:J-./O 7 / ~ Address: ID 1l~(J tllAJ 11 Aut. ~. lrAAJd. r::l ~3;,oGl Telephone Number (qc,~) Ql0. ~S'5 MONROE COUNTY ATTORNEY PROVED AS TO FO M: ~i. YNTHIA L. LL ASSISTANT COUNTY ATTORNEY Date 09, - ~ r- :LOO r ..a: .,J _..I '.~'.l .< 0' (") ih ::::: 0- ',.-.-')- , C) N 1-0 , ~- ~'Ld \..~ t- -::. _1(:) ,~~' (....) ~_--;::uc.: ~ .'" - l...\ '-"" ~{ 0 .'~- ~ C) J: t,_ ~ -' Agr8ellnent 11 September 2007 FRANK H. FURMAN, INC. FRANK H. FURMAN #A091425 P. O. BOX 1927 POMPANO BEACH, 11."I'..'IIII.'..'I'II'.I.I..llllii.................. ;;T/~~/~~ THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. COMPANIES AFFORDING COVERAGE AC.O/1D~ PRODUCER FL 33061 COMPANY A CRUM & FORSTER SPECIALTY INS INSURED DECKTIGHT ROOFING SERVICES INC COMPANY B PROGRESSIVE EXPRESS INS CO 6680 N W 17 AVE FT LAUDERDALE COMPANY C STEADFAST INSURANCE CO FL 33309 COMPANY o BRIDGEFIELD EMPLOYERS INS CO THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FDA 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. --_.._._---...~-----_..~.__..._--- ---.._------------ .-,----._---- -~--~-~-~ ---.---- CO LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION DATE (MMlDDIYY) DATE (MMlDDlYY) LIMITS GENERAL LIABILITY GL00101104 X COMMERCIAL GENERAL LIABILITY ~ CLAIMS MADE [KJ OCCUR OWNER'S & CONTRACTOR'S PROT X :;;5M~PerProj~ 01 29/07 01/29/08 AUTOMOBILE LIABILITY CA 04 63 8 0 0 6 6 5 20 07 5/20/08 GENERAL AGGREGATE $2,000,000 PRODUCTS - COMP/OP AGG $ 2 I 0 0 0 I 0 0 0 PERSONAL & ADV INJURY $1 f 000 f 000 EACH OCCURRENCE $1 f 0 Oaf 0 0 0 FIRE DAMAGE (Anyone fire) $ 50 , 000 MED EXP (Anyone person) $ EXCLUDED 1,000,000 COMBINED SINGLE LIMIT $ ANY AUTO ALL OWNED AUTOS 'X SCHEDULED AUTOS X HIRED AUTOS X NON-OWNED AUTOS 'i'f\ . BODILY INJURY (Per person) , BODILY INJURY (Per accident) , PROPERTY DAMAGE , GARAGE LIABILITY .j ANY AUTO I ----.--------- EXCESS LIABILITY AUC93 0379205 X UMBRELLA FORM OTHER THAN UMBRELLA FORM AUTO ONLY - EA ACCIDENT $ OTHER THAN AUTO ONLY: EACH ACCIDENT $ AGGREGATE $ EAqH OCC:~RREN9E $ 5 I 0 0 0 , 0 0 0 AGGREGATE $5,000 f 000 , WORKERS COMPENSATION AND EMPLOYERS' LIABILITY 083038181 ER THE PROPRIETORJ PARTNERS/EXECUTIVE OFFICERS ARE: OTHER INCL EXCL EL EACH ACCIDENT EL DISEASE-POLICY LIMIT El DISEASE-EA EMPLOYEE ,1,000,000 ,1,000,000 ,1,000,000 DESCRIPTION OF OPERATlONS/LOCATIONSNEHICLESlSPECIAL ITEMS PROJECT: MONROE COUNTY LIBRARY REROOF; MONROE COUNTY IS NAMED ADDITIONAL INSURED FOR GENERAL LIABILITY PER ENDT. CG20100704 & CG20370704,AUTOMOBILE LIABIILTY AND EXCESS LIABILITY POLICIES. FAX 305-295-3672 , MONROE COUNTY ATTN: JO B. WALTERS, CPM 3583 S. ROOSEVELT BOULEVARD KEY WEST, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE lEFT, BUT FAILURE TO MAIL SUCH NOTICE SHAll IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHO~ REP7'ff1."'" . - . ""'lilII'.. ~L"l. SH A ............iii)\"~j;jp.PQllPQllAjjj:;ijr(:iiUii I MORP . 25-$ (1195)