11/14/2007 Agreement
DANNYL. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
December 14, 2007
TO:
Fire Chief Wayne J. Hinnant
Fire-Rescue Department
FROM:
Camille Dubroff ~
Fire-Rescue ofI"
Isabel C. DeSantis . vP
Deputy Clerk ~
ATTN:
At the November 14, 2007 BOCC Meeting, the following item was approved:
Modification to purchasing policy to execute the Agreement between Monroe County and
Ledford Fanns, Inc. and pay outstanding invoices for fifteen (15) fire wells installed in strategic
locations throughout unincorporated Monroe County in the amount of$126,000.00.
Attached is a duplicate original of the subject document for your handling. Should you
have any qUl~stions, please do not hesitate to contact this office.
cc: County Attorney
Finance
File
AGREEMENTBErwEEN
THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
AND
LEDFORD FARMS INC.
THIS AGREEMENT, ("AGREEMENT") made and entered into this 22ND day of
November, 2007 by and between the Board of County Commissioners of Monroe
County, Florida, ("COUNTY") and Ledford Farms Inc., ("CONTRACTOR").
WITNESSETH:
WHEREAS, CONTRACTOR represents that it is capable and prepared to provide fire
well drilling services; and
WHEREAS, the COUNTY wishes to enter into an Agreement with CONTRACTOR for
drilling fillteen (15) fire fighting wells to include well drilling, setting the pipes, painting
pipe fittings, all concrete work, test pumping and installation of blue reflectors;
NOW, THERFORE, in consideration of the promises contained herein, the parties agree
as follows:
1. CONTRACT DOCUMENTS - This contract consists of this Agreement. In the event
of any conflict between any of the contract documents, the one imposing the greater
burden on the CONTRACTOR will control.
2. CONTRACT PERIOD - This Agreement is effective beginning on August 17, 2007,
and will continue until the final payment of the contract amount specified in paragraph 5,
with the exception that any warranties by the CONTRACTOR to the COUNTY with
respect to the quality of goods or workmanship shall survive the expiration of the
AgreemEmt.
3. CONTRACT TERMINATION - This Agreement may be terminated for any reason by
either Patrty on a 30-day written notice without cause. If the CONTRACTOR fails to fulfill
the terms of this agreement, or attachments, properly or on time, or otherwise violates
the provisions of the agreement or of applicable laws or regulations governing the use of
funds, the COUNTY may immediately terminate the contract by written notice. The
notice shall specify cause. All finished or unfinished supplies or services shall, at the
option of the COUNTY, become property of the COUNTY. The COUNTY shall pay the
CONTRACTOR fair and equitable compensation for expenses incurred prior to
terminat,ion of the agreement, less any amount or damages caused by the
CONTRACTOR's breach. If the damages are more than compensation payable, the
CONTRACTOR will remain liable after termination and the COUNTY shall pursue
collection for damages.
4. SUB,JECT MA TIER OF CONTRACT - This Agreement is for the drilling of fifteen (15)
fire fighting wells on mutually agreeable locations in Monroe County. Upon completion,
CONTRACTOR must supply COUNTY with a Fire Well Certification Report for each fire
well drilll~d.
5. RATES/COMPENSATION - Compensation for the drilling of each well will be as
follows:
District One (Lower Keys) - Eight (8) fire wells will be drilled at a mutually agreed upon
location at $9,000.00 each for a total in District One of $72,000.00.
District Two (Middle Keys) - One (1) fire well will be drilled at a mutually agreed up
location at $9,000.00 each for a total in District Two of $9,000.00
District Three (Upper Keys) - Six (6) fire wells will be drilled at a mutually agreed upon
location at $7,500.00 each for a total in District Three of $45,000.00
The total cost of this project is for $126,000.00.
6. WORK SCHEDULE - CONTRACTOR agrees to commence drilling immediately or
within a reasonable time frame mutually agreed upon by CONTRACTOR and COUNTY.
7. PARTS AND SUPPLIES - All parts and supplies used for fire well drilling shall be
supplied by CONTRACTOR.
8. INVOICE - CONTRACTOR shall provide an invoice at the completion of the project for
all fifteen (15) wells drilled to Monroe County Fire Rescue within 30 days of the service.
9. COMMUNICATION - CONTRACTOR shall be available to be by telephone or paging
device.
10. CERTIFICATION - CONTRACTOR shall provide completed Fire Well certification
reports for each fire well drilled.
11. INDEMNIFICATION - The CONTRACTOR shall defend, indemnify and hold
harmless the COUNTY as outlined below.
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend
Monroe County, its commissioners, officers, employees, agents and servants from any
and all claims for bodily injury, including death, personal injury, and property damage,
includin9 damage to property owned by Monroe County, and any other losses,
damages, and expenses of any kind, including attorney's fees, court costs and
expenses, which arise out of, in connection with, or by reason of services provided by
the Respondent or any of its Subcontractor(s) in any tier, occasioned by the negligence,
errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in
any tier, their officers, employees, servants or agents.
In the event that the service is delayed or suspended as a result of the Vendor's failure
to purchase or maintain the required insurance, the Vendor shall indemnify the COUNTY
from any and all increased expenses resulting from such delay. The first ten dollars
($10.00) of remuneration paid to the Respondent is consideration for the indemnification
provided for above. 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 expiration or earlier termination of the Agreement.
All property or equipment being directly maintained or repaired by CONTRACTOR shall
be considered in its care, custody and control while such work is in progress and until
2
physical control of such property or equipment is restored to the COUNTY. "Attachment
B".
12. LOCATION OF WORK - This Agreement covers locations throughout Monroe
County in District 1 (Lower Keys), District 2 (Middle Keys) and District 3 (Upper Keys).
13. INSURANCE - During the term of this Agreement, the CONTRACTOR must keep in
force and affect the following insurance (Attachments A):
General Liabilitv:
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain Greneral Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
COUNTY.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
General Liability with XCU eXDosures:
Recognizing that the work governed by this contract involves either underground
exposufl3S, explosive activities, or the possibility of collapse of a structure, the
CONTRACTOR'S General Liability Policy shall include coverage for the XCU (explosion,
collapse, and underground) exposures with limits of liability equal to those of the General
Liability Insurance policy.
Vehicle Liabilitv Insurance:
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
3
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
Liabilitv' Insurance:
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less than:
~;1 ,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Covera~le shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor, as an
authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR's
status. The CONTRACTOR may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR's Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the COUNTY.
Any deviations from this General Insurance Requirement must be requested in
writing on the County prepared form entitled "Request for Waiver of Insurance
RequirElments" and approved by Monroe County Risk Management.
"Attachments A-E' is incorporated by reference into this Agreement.
14. PAYMENTS - Payments shall be made by the COUNTY pursuant to the Florida
Local Government Prompt Payment Act after the completion of the rendered services
and proper invoicing by the CONTRACTOR.
15. CONTINGENCY-Monroe County's performance and obligation to pay under this
Agreement is contingent upon an annual appropriation by the Board of County
Commissioners.
4
16. SECTION HEADINGS - Section headings have been inserted in this Agreement as a
matter 01' 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 Agmement.
17. OWNERSHIP OF THE PROJECT DOCUMENTS - The documents prepared by
the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and
copied without acknowledgement or permission of the CONTRACTOR.
18. SUCCESSORS AND ASSIGNS - The CONTRACTOR shall not assign its right
hereund;,r, except its right to payment, nor shall it delegate any of its duties hereunder
without the written consent of the COUNTY. Subject to the provisions of the immediately
preceding sentence, each party hereto binds itself, its successors, assigns and legal
representatives to the other and to the successors, assigns and legal representatives of
such other party.
19. NO THIRD PARTY BENEFICIARIES - Nothing contained herein shall create any
relationship, contractual or otherwise, with or any rights in favor of, any third party.
20. PUBLIC ENTITIES CRIMES - 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 contracts to provide any goods or services to a public entity, may not submit a bid on
a contraGt 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
CONTRACTOR 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 of
the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of
being placed on the convicted vendor list.
By signing this Agreement, CONTRACTOR represents that the execution of this
Agreement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
recovery of all monies paid hereto, and may result in debarment from COUNTIES
competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
determination, based on an audit, that it or any Subcontractor has committed an act
defined I~y Section 287.133, Florida Statutes, as a "public entity crime" and that it has
not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether CONUSULTANT has been
placed on the convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or
Subcontlractor is formally charged with an act defined as a "public entity crime" or has
been placed on the convicted vendor list. (Attachment C)
21. 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. Each party to this
Agreement or its authorized representatives shall have reasonable and timely access to
such records of each other party to this Agreement for public records purposes during
5
the term of the Agreement and for four years following the termination of this Agreement.
If an auditor employed by the COUNTY or County Clerk determines that monies paid to
CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRACTOR shall repay the monies together with interest
calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the
monies were paid by the COUNTY.
22. 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 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, COUNTY and CONTRACTOR agree
that venue shall lie in Monroe County, Florida, in the appropriate court or before the
appropriate administrative body. The Parties waive their rights to a trial by jury. This
AgreemEmt is not subject to arbitration.
23. 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
AgreemElnt 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.
24. 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, court costs, investigative, and out-
of-pocket expenses, as an award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings. 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 Monroe County.
25. BINDING EFFECT - The terms, covenants, conditions, and provisions of this
AgreemEmt shall bind and inure to the benefit of the 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.
6
28. ADJUDICATION OF DISPUTES OR DISAGREEMENTS - COUNTY and
CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If
the issw" 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.
29. 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.
30. NONDISCRIMINATION - 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 IRehabilitation Act of 1973, as amended (20 USC ~ 794), which prohibits
discrimination on the basis of handicaps; 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 Putllic 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 ~~ 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article VI, 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.
31. COVENANT OF NO INTEREST - CONTRACTOR and COUNTY 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 intelrest of each is to perform and receive benefits as recited in this Agreement.
32. CODE OF ETHICS - 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
7
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unautholrized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information. (Attachment OJ
33. NO SOLICITATION/PAYMENT - The CONTRACTOR and COUNTY 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.
34. PUBLIC ACCESS - The CONTRACTOR and COUNTY 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 CONTRACTOR and COUNTY in connection with
this Agreement; and the COUNTY shall have the right to unilaterally cancel this
Agreement upon violation of this provision by CONTRACTOR.
35. NON-WAIVER OF IMMUNITY - Notwithstanding the provisions of Sec. 768.28,
Florida Statutes, the participation of the CONTRACTOR and the COUNTY in this
Agreemeint and the acquisition of any commercial liability insurance coverage, self-
insuranc,e 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.
36. 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
employe,es 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.
37. 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
constitutlion, state statute, and case law.
38. NOI\I-RELlANCE 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
hereundl3r, and the CONTRACTOR and the COUNTY agree that neither the
CONTRACTOR nor the COUNTY or any agent, officer, or employee of either shall have
8
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.
39. ATTESTATIONS AND TRUTH IN NEGOTIATION - CONTRACTOR agrees to
execute such documents as COUNTY may reasonably require, including a Public Entity
Crime Statement (Attachment C), an Ethics Statement (Attachment 0), and a Drug-Free
Workplace Statement (Attachment E). Signature of this Agreement by CONTRACTOR
shall act as the execution of a truth in negotiation certificate stating that wage rates and
other factual unit costs supporting the compensation pursuant to the Agreement are
accurate, complete, and current at the time of contracting.
40. 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
employel3 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.
41. 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 to!~ether shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
IN WITNESS WHEREOF, each party hereto has caused this Agreement to be executed
by its duly authorized representative.
Attest:
By: ..D.~e. ~~W
'"
Deputy Clerk
Witness:
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Print Name:
Print Name and Title
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9
MONROE COUNTY BOARD OF
COUNTY COM lONERS
By:
CONTRACTOR
Ledford Farms Inc.
~/-t~
Dawlot!2
MO~ UNTY~TTORNEY
(l:t/~;{OMTI
VCYNTHIA L. H L
ASSISTANT COUNTY ATTORNEY
Date {O ~ -z.,y - D 7-
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
LEDFORD FARMS & WELL DRILLING
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain Glmeral Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$"1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$ 1,000,000 per Occurrence
$ 100,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
COUNTY.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
GL3
Attachment A
(1 of 5)
10
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
LEDFORD FARMS INC.
Recognizing that the work governed by this contract involves either underground
exposurEls, explosive activities, or the possibility of collapse of a structure, the
CONCTf~ACTOR's General Liability Policy shall include coverage for the XCU
(explosion, collapse, and underground) exposures with limits of liability equal to those of
the Genmal Liability Insurance policy.
GLXCU
Attachment A
(2 of 5)
II
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
LEDFORD FARMS INC.
Recogni.zing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$1,000,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$ 500,000 per Person
$1,000,000 per Occurrence
$ 100,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
VL3
Attachment A
(3 of 5)
12
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
LEDFORM FARMS AND WELL DRILLING
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicablle state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less Ilhan:
$1,000,000 Bodily Injury by Accident
$1,000,000 Bodily Injury by Disease, policy limits
$1,000,000 Bodily Injury by Disease, each employee
Coverag,e shall be maintained throughout the entire term of the contract.
Coverag,e shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor, as an
authorizEld self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S
status. The CONTRACTOR may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR'S Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the COUNTY.
WC3
Attachment A
(4 of 5)
13
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract.
Contractor:
Contract for:
Address of
Contractor:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver will apply to:
Signature of
Contractor:
Approved
Not Approved
Risk Management
Date
County Administrator appeal:
Approved:
Not Approved:
Date:
Board of County Commissioners appeal:
Approved:
Not Approved:
Meeting Date:
Attachment A
(5 of 5)
14
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Contractors
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend the
Monroe County Board of County Commissioners and the Monroe County Board f
Governors District 1, its commissioners, officers, employees, agents and servants from
any and all claims for bodily injury, including death, personal injury, and
property damage, including damage to property owned by Monroe County, and any
other losses, damages, and expenses of any kind, including attorney's fees, court costs
and exp,enses, which arise out of, in connection with, or by reason of services provided
by the CONTRACTOR or any of its Subcontractors in any tier, occasioned by the
negligence, errors, or other wrongful act or omission of the CONTRACTOR or its
Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the service is delayed or suspended as a result of the CONTRACTOR
failure to purchase or maintain the required insurance, MSB shall indemnify the County
from any and all increased expenses resulting from such delay.
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 expiration or earlier termination of the Agreement
~f, lo~~
--&. Con ac r's Signature I
/ -.J - )-)~ () I
I
Date
TCS
Attachment B
(1 of 1)
15
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted bidder list following a
conviction for public entity crime may not 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 a bidder, supplier,
subbidder, or CONTRACTOR 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, for CATEGORY TWO for a period of 36 months from the date of being
placed on the convicted bidder list."
By executing this form, I acknowledge that limy company is in compliance with the
above.
(Signature of
STATE OF HCi,;da.-
COUNTY OF tno n (lIL.
Date --L)~~kr 2::1- 2m;?
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
=-- J 10 I~~ udw who, after first being sworn by me, (name of
individ~ signing) affixed his/her signature in the space provided above on this
Z3 day of {)dobu- ,20 tJ 7 .
~ .~ (p~af~~hmru
My commission expires:
NOTARY PUBLIC
e' TAMARAI.UNOS1ROM
" HolIIy ~. SlIIo oIl'1a1*
. . "'(A).1.~,EllpirtlJul4._
CclMI'..... .llD 441042
. IlandId NIIDnII .....
Attachment C
(1 of 1)
16
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
,- I n:J ~ LLd-t'orcL warrants that he/it has not employed,
retainec r otherwise had act on hlsllts behalf any former COUNTY officer or employee
in violation of Section 2 of Ordinance No. 10-1990 or any COUNTY officer or employee
in violatiion of Section 3 of Ordinance No.1 0-1990. 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 em oyee
;0
f
Date:
STATE OF
HtJ..-zd a-
m t7 n i'7X(
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the undersigned authority,
~
'I n?' who, after first being sworn by me, affixed
his/her sii ature (name of individual signing) in the space provided above on this
23 -"y~ .20<12:
~(/a1Zl:f~ _D
NOTARY PUBLIC
My commission expires:
0)"" TAMMALUNIIllJR(]M
NoIIIy PublIc . SlIlIII FladdI
M)'Conlln4wlu.'Expna....4, _
CammIalooI' DO 44Ill42
~ NIlIaMl AIM.
OMB - MCP FORM #4
Attachment 0
(1 of 1)
17
DRUG-FREE WORKPLACE FORM
The undersigned CONTRACTOR in accordance with Florida Statute 287.087 hereby
certifies that:
LuL-hrd t=:irrn5 ~ c.uul Vn//inq / I rt1:1 Ld-FcrzL
(Name of Business) -.......::h\<2 . (J ! U
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled Substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employee,s for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services
that are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a
condition of working on the commodities or contractual services that are under bid, the
employee will abide by the terms of the statement and will notify the employer of any
conviction of, or plea of guilty or nolo contendre to, any violation of Chapter 893 (Florida
Statutes) or of any controlled substance law of the United States or any state, for a
violation occurring in the workplace no later than five (5) days after such conviction.
5. Imposl3S a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with
the above requirem
/D/
Date
OMB - MCP FORM #5
Attachment E
(1 of 1)
18
CERTIFICATE OF INSURANCE
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 LISTED BELOW.
COMPANIES AFFORDING COVERAGES:
FLORIDA FARM BUREAU INSURANCE COMPANIES
P.O. BOX 147030
GAINESVILLE, FLORIDA 32614-7030
Company
Lelterk
Florida Farm Bureau General/ns. Co.
NAME AND ADDRESS OF INSURED:
LEDFORD FARMS IN". &/OR
TROY & JANETTE LEDFORD
18255 SW 293RD S~'
HOMESTEAD, FL 33030
leies Insurance isted e ave en iSB to e msured nam va an are in force al 19 time. I stan!ng any requlremenl. term or co loon 0 any contract or
other document with respect to wtlich this certificate may be Issued or may pertain, the insurance afforded by the policies described herein is subject to alllhe terms, exclusions and
condaions of such policies.
COmpany
LetterB:
Florida Farm Bureau Casualty Ins. Co.
CO. TYPE OF INSUPANCE POLICY NUMBER POUCY EFFECTIVE DATE POLICY EXPIRATION . ALL LIMITS IN THOUSANDS
LTR (MIMJDIYY) DATE (MIMJDIYY)
GoI1Ol'lI Uablllty: Genera/Aggregate $ 2.000
PlOltJc:la-compiMld
fit CommercIal Gene~ll liability "".... .."... $ 2.000
(OcclJlTClnce Form) PeI'8Oll8l&Ad'f8l'llllil'lglnjufy $ 1,000
A cpp 9501772 09/24/2007 09/24/2008
DOwner's & ContlltClor', EachOOW/Jeflct $ 1,000
Prolecl:ive
o Farmtlr's PelSOnel LlIIbillly Fll8Damaga(MyCll'lllirl} $ 50
MedicalEM:pense{ArrjORlpGl'$on) $ 5
Automobile UoJ~llty: Combined
o Any8lJto Single Unit $ ...
o All owned aulas Bodifylnjury $ 300
B r;/ Schoduled autos ABF 1203601 09/16/2007 09/16/2008 (Per Person)
r;tHiredaulos Bodily Injury $ 500
(Per Accident)
fit Non-ownod autos Property $ 100
, '-\. Damage ...
Exce.. Uabllily: 1~~~~n' ~. ~~nCG Aggregate
o Umbrella Form _ .__m__._~
o Othor thaln Umbrellll form . '\ ':- 0) .... $ $
Employel1l UallIlIty; . <
o Fenn Employers Liability , , ~ _.._"'_._m__ (EachOCCunn:tl)
o Farm Employeo's Medical $
"""_I
other: .... ...
$
DESCRIPTION OF OPE~:ATIONS/LOCATIONSNEHICLES:
CERTIFICATE HOLDER IS LISTED AS ADDITIONAL INSURED WITH REGARDS TO LIABILITY.
CANCELLATION: Should any of the above described policies be cencelled before the expiration date thereof, the Issuing company will endeavor to
mall ~ days written notlt~e to the below named cerUflcate holder, bul failure to mall such notice shall Impose no obligation or llabmly of any kind
upon the company.
NAME AND ADDRESS OF CERTIFICATE HOLDER:
MONROE COUNTY BOAllD OF COUNTY COMMISSIONERS
1100 SIMONTON STRBET
KEY WEST, FL 3304()
COUNTY CODE
13
DATE ISSUED 12/06/07
93-7.692: (Rov 5193)
COMMERCIAL GENERAL
LIABILITY COVERAGE PART
DECLARATIONS
FLORIDA FARM BUREAU GENERAL INSURANCE CO.
5700 S.w. 34th Street
P.O. Box 147030
Gainesville, Florida 32614-7030
Policy Number: Cpp 9501772 16
Membership Number: 590594
County# 13-0 Agent# 10133
IZJ See Supplemental Schedule
LIMITS OF INSURANCE
$ 2.000.000
$ 2.000.000
$ 1.000.000
$ 1.000.000
$ 50.000
$ 5.000
General Aggregate Limit (Other Than Products - Completed operations)
Products/Completed Operations Aggregate Limit
Personal and Advertising Injury Limit
Each Occurrence Limit
Fire Damage Legal Liability (Any One Fire)
Medical Expense Limit (Any One Person)
FORM OF BUSINESS:
o Individual 0 Partnership IXI Corporation
Business Description: FARMS BEANS & OKRA
o Other:
Location of All Premises You Own, Rent or Occupy:
SEE SCHEDULE ATTACHED
AUDIT PERIOD, ANNUAL, UNLESS OTHERWISE STATED:
Premium Rates Advance Premiums
Basis
Prem./ Prod.; Prem.; Prod.;
Classifications Code No. Ops. Compo Ops. Ops. Compo Ops.
SEE SCHEDUL.E ATTACHED
TOTAL PREMIUM FOR THIS COVERAGE PART: $ 628 $ 157
FORMS AND ENDORSEIIlIENTS APPLICABLE TO THIS COVERAGE PART:
Refer To Forms Schedule..
FFB CG 001 (Ed. 03/93)
10/17/2007
Countersignature Date
RAY N TIMMONS
Authorized Representative
W09
COMMERCIAL LINES POLICY
COMMON IPOLlCY DECLARATIONS
FLORIDA FARM BUREAU GENERAL INSURANCE CO.
5700 S.w. 34th Street
P.O. Box 147030
Gainesville, Florida 32614-7030
RENEWAL DECLARATION
AND NOTICE OF RENEWAL PREMIUM
EFFECTIVE 09/24/2007
Policy Number: Cpp 9501772 16
Membership Number: 590594
Named Insured and Mailing Address
LEDFORD F1IRMS INC &/OR
TROY & JANETTE LEDFORD
18255 SW :;: 93RD ST
HOMESTEAD, FL 33030-3030
Policy Period: From: 09/24/2007 To: 09/24/2008
County# 13 - 0 Agent# 1013 3
RAY N TIMMONS
1850 OLD DIXIE HWY
HOMESTEAD, FL 33033
305/247-5234
at 12:00 Noon, Standard Time at your mailing address shown above.
Business Description: FARMS BEANS & OKRA
IN RETURN FOR THE PAYMENT OF THE PREMIUM, AND SUBJECT TO ALL THE TERMS OF THIS POLICY, WE
AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN THIS POLICY.
THIS POLICY CONSISTS OF THE FOLLOWING COVERAGE PARTS FOR WHICH A PREMIUM IS INDICATED.
THIS PREMIUM MAY BE SUBJECT TO ADJUSTMENT.
PREMIUM
Commercial Property Coverage Part
$
$
$
$
$
785
Commercial General Liability Coverage Part
Commercial Crime Coverage Part
Commercial Inland Marine Coverage Part
Farm Coverage Part
972
** MINIMUM PREMIUM
ANNUAL PREMIUM
$
1,757
State of Florida Property Insurance Surcharge
Policy Total $
FORM(S) AND ENDORSEMENT(S) MADE A PART OF THIS POLICY AT THE TIME OF ISSUE:*
Refer To Forms Schedule
4
1,761
""Omits applicable Forms and Endorsements jf shown in specific Coverage Part/Coverage Form Declarations.
ABS# 1410905744-02
10/17/2007
Countersignature Date
RAY N TIMMONS
Authorized Representative
FFB CD 001 (Ed. 0<1/93)
W09
A4~nltl..
..CSRTU;;rCA1!OFINSURANCIa....
DATE (MM/DDIV\')
1.2/1.2/07
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
."'''<:':>>;'''''''-
PRODuceR
INSURANCE HANDYI1AN, INC.'
372 S.W. 4TH. STRHBT
Florida City PI, )3034-
(30S) 242-8900
INSURED
(,BDFORD FARMS, INC.
lS255 S.W. 293RD. STRBET
COMPANY
A STAR INSURANCE CO.
COMPANY
B
COMPANY
C
HOMBSTBAD
(305)
FL 33030-
TO THAT THE POLICIES OF LISTED HAVE BEEN INSURED THE
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 CONDrnONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCIE
POUCY NUMBER
POLICY EfFECTIVE POLICY EXPIRATION
DAlE (NM/DD/YY} DATE (MM/ODIYY)
GENERAL LIABILITY
COMMERCIAL GENERAL LIABILITY
CLAIMS MADE [] OCCUR
OWNER'S & CONTRACTOR'S PACT
/ /
/ /
LIMITS
GENERAL AGGREGATE .
PRODUCTS.COMPIOPAGG .
PERSONAL & ADV INJURY .
E:ACH OCCURRENCE .
FIRE DAMAGE (Anyone fire) .
MED EXP (Any one person) .
COMBINED SINGLE UMIT S
BODILY INJURY S
(P~r person)
BODILY INJURY S
(P'eraccldent)
PROPERTY DAMAGE .
AUTO ONLY - EA ACCIDENT .
OTHER ll-lAN AUTO ONLY:
EACH ACCIDENT .
AGGREGATE .
EACH OCCURRENCE .
AGGREGATE .
AUTOMOBILE L1ABIUTY
ANY AUTO
All OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON.OWNED AUTOS
/ /
/ /
" 1\
;Ul
F:J
',:3J\
3:0-'
-....-..-2.
QARAOE LIABILITY
-J ANY AUTO
,,-'
/ /
/ /
EXCE$S LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FOAM
A WORKERS COMPENSATION AtlD
EMPLOYERS' liABILITY
/ f
/ /
s
WC0250555
~2/3.3/0;
12/13/08
x STATIJrORY LIMITS
EACH ACCIDENT
DISEASE. POLICY LIMIT
DISEASE - EACH EMPLOYEE
$100000
$500000
$ ~ooooo
THE FROPRIETOR!
PARTNERSJE;XECU1'iVE
OFFICERS AFlE::
OTHER
x
INCL
exeL
/ /
/ f
DESCRIPTION OF OPERATIONS/LOCJmONSNEHIClESlSPECIAL ITEMS
~C.- "
f=; Y\.a.""--LL.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRAnON DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
....a.!L. DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAilURE TO MAIL SUCH NOTICE SHA IMPOSE NO OBUGATlON OR L1ABIUTY
OF ANY KIND UPON THE
AUTHORIZED REPRESENTATIVE
MONROB COUNTY FIRS RSSCU8
ATTN; CAMILLB DUBROFF
490 G3ND. STRBBT OCBAN
MARATHO~ FL 33050