03/19/2008 Agreement
DANNY 1.. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
March 25, 2008
TO:
Dent Pierce, Director
Public Works Division
FROM:
Beth Leto, Assistant Director
Public Works Division
Pamela G. Hancock, &
ATTN:
At the March 19, 2008, Board of County Commissioners Meeting the Board granted
approval to award bid and authorized execution of an Agreement between Monroe County and
E.G. Braswell Construction, Inc. for the Exterior Stair Replacement - Joe London Fire Training
Facility.
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
Joe London Fire Training Facility
AGREEMENT
TIllS AGREEMENT, ("Agreement") made and entered into this 19th day of March, 2008,
by and between MONROE COUNTY, FLORIDA, ("County"), 1100 Whitehead Street,
Key West, Florida, and E. G. BRASWELL CONSTRUCTION, INC.. ("Contractor")
whose address is 5635 Macdonald Avenue, Key West, Florida 33040.
WITNESSETH:
The parties hereto, for the consideration hereinafter set forth, mutually agree as follows:
1. THE CONTRACT
The contract between the County and the ContractOl", of which this Agreement is a
part, consists of the contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of this Agreement, the Request for Bid, the
Specifications, the Drawings, all Change Orders and any addenda, the
Contractor's Bid documents, any other amendments hereto executed by the
parties, together with the required County docume/lts furnished as part of the Bid
or required to be furnished by the BID, and all requtired insurance documentation.
A. The Contract Drawings consists of the following sheets as provided by
mbiJk2m Architecture, Inc.
1. AO.1.l
2. AO.1.2
3. AE2.1.l
4. AD2.1.l
5. AJ.1.l
6. A3.1.2
7. S-1
8. S-2
3. SCOPE OF THE WORK - Exterior Stair Replacement - Joe London Fire
Training Facility, Mile Marker 56 Overseas Highway, Crawl Key, Marathon,
1'Iorida 33050.
A. The Contractor shall perform all of the work required, implied or reasonably
inferable from this agreement. The term "work" shall mean whatever is done by
or required of the contractor to perform and complete its duties under this
agreement, including the following: construction of the whole or a designated part
of the project; furnishing of any required surety bonds and insurance; and the
provision or furnishing of labor, supervision,; services, material, supplies,
l~quipment, fixtures, appliances, facilities, tools, Itransportation, storage, power,
the payment of any applicable sales and use taxe,; procurement and payment of
,my required permits from local, state or Federal i authorities having jurisdiction,
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royalties and product license fees; fuel, heat, light, cooling, and all other utilities
as required by this contract. The work to be performed by the contractor is
gi~nerally described as follows:
The Work includes demolition and disposal of existing exterior steel stairway
structures and foundations and replacing with new concrete stairway structures
and foundations, as contained and described within the Contract Documents.
4. IRE CONTRACT AMOUNT
A. The Owner shall pay the Contractor in current funds for the Contractor's
performance of the Contract per Paragraph 4.B of which follows, the Contract
:rum of Eighty Nine Thousand Seven Hundred Sixty Dollars ($89,760.00).
B. This paragraph specifies administrative and procedural requirements
necessary to prepare and process Applications for Payment.
1. Bar-Chart Schedule: Prepare a fully developed, horizontal bar-chart-
type, contractor's construction schedule. Submit to Owner for approval
within ten days after the date of Notice to Proceed.
a. Provide a separate time bar for each significant construction
activity. Provide a continuous vertical line to identify the first
working day of each week. Use the same breakdown of units of
the Work as indicated in the 'Schedliile of Values"
b. The time line between the Notice to Proceed and substantial
completion is not to exceed sixty days.
2. Schedule of Values: Coordinate preparation of the Schedule of Values
with preparation of Contractor's Construction Schedule.
a. Submit Schedule of Values to the Owner for approval no later
than seven days before the date scheduled for submittal of initial
Application for Payment.
b. Utilize AlA Document G703 Continuation Sheets for the
Schedule of Values with the following as Project identification:
1. Project name and location
2. Name of Architect
3. Architect's project number
4. Contractor's name and address
5. Date of Submittal
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c. Round amounts to the nearest whole dollar. The total shall equal
the Contract Sum.
3. Applications for Payment: Contractor shall utilize AlA Document
G702 and AlA Document G703 Continuation Sheets as forms for
Applications for Payment.
a. Complete every entry on the form. Notarize and execute by a
person authorized to sign legal documents on behalf of the
Contractor. Architect will return incomplete applications without
action. Entries shall match data on the Schedule of Values and
Contractor's Construction Schedule. Use updated schedules if
revisions were made. Include amounts of Change Orders issued
before the last day of construction period covered.
b. On or before the 25th day of each month after commencement of
the work, the contractor shall submit an application for payment
for the period ending on the last day of the month to the architect
in such form and manner, and with such supporting data and
content, as the owner or the architect may require. Therein, the
contractor may request payment for ninety percent (90"/0) of that
portion of the contract price properly allocable to contract
requirements properly provided, labor, materials and equipment
properly incorporated in the work plus ninety percent (90%) of that
portion of the contract price properly allocable to materials or
equipment properly stored onsite fur subsequent incorporation in
the work, less the total amount of previous payments received from
the owner.
4. The owner may decline to make payment, may withhold funds, and if
necessary, may demand the return of some or all of the amounts
previously paid to the contractor, to proteet the owner from loss because
of:
a. defective work not remedied by the contractor nor, in the
opinion of the owner, likely to be remedied by the contractor;
b. claims of third parties against the owner or the owner's property;
c. failure by the contractor to pay subcontractors or others in a
prompt and proper fashion;
d. evidence that the balance of the work cannot be completed in
accordance with the contract for thll unpaid balance of the contract
pnce;
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e. persistent failure to carry out the work in accordance with the
contract;
f damage to the owner or a third party to whom the owner is, or
may be, liable.
In the event that the owner makes written demand upon the contractor for
amounts previously paid by the owner as contemplated in this
subparagraph, the contractor shall promptly comply with such demand.
5. When all of the work is finally complete and the contractor is
ready for a final inspection, it shall notity the owner and the architect
thereof in writing. Thereupon, the architect will make final inspection of
the work and, if work is complete in full accordance with this contract and
this contract has been fully performed, the architect will promptly issue a
final certificate for payment certitying to the owner that the project is
complete and the contractor is entitled to the remainder of the unpaid
contract price, less any amount withheld pursuant to this contract.
Guarantees required by the contract shall commence on the date of final
completion of the work. If the architect is unable to issue its final
certificate for payment and is required to repeat its final inspection of the
work, the contractor shall bear the cost of such repeat final inspection( s)
which cost may be deducted by the owner from the contractor's final
payment.
6. The contractor shall not be entitled to final payment unless and
until it submits to the owner and the architect its affidavit that all payrolls,
invoices for materials and equipment, and other liabilities connected with
the work for which the owner, or the owner's property might be
responsible, have been fully paid or otherwise satisfied; releases and
waivers of lien from all subcontractors of the contractor and of any and all
parties required by the owner or architect.
7. Acceptance of final payment by tile contractor shall constitute a
waiver of all claims against the owner by the contractor except for those
claims previously made in writing against the owner by the contractor,
pending at the time of final payment, and identified in writing by the
contractor as unsettled at the time of its request for final payment.
C. 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.
5. WARRANTY
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A. The contractor warrants to the owner that all labor furnished to progress
the work under this contract will be competent to perform the tasks undertaken,
that the product of such labor will yield only first-class results, that materials and
I~quipment furnished will be of good quality and new unless otherwise permitted
by the contract, and that the work will be of good quality, free from faults and
defects and in strict conformance with the contract and warrant same for a period
of one year commencing at final completion. All work not conforming to these
requirements may be considered defective.
6. CHANGES IN THE WORK
A. Changes in the work within the general scope of this contract, consisting
of additions, deletions, revisions, or any combination thereof: may be ordered
without invalidating this agreement, by change order or by field order.
B. Change order shall mean a written order to the contractor executed by the
owner and the architect, issued after execution of this agreement, authorizing and
directing a change in the work or an adjustmelllt in the contract price or the
contract time, or any combination thereof The contract price and the contract
time may be changed only by change order.
C. Any change in the contract price resulting from a change order shall be
determined as follows: (a) by mutual agreement between the owner and the
contractor as evidenced by (1) the change in the contract price being set forth in
the change order, (2) such change in the contract price, together with any
conditions or requirements related thereof: being initialed by both parties and (3)
the contractor's execution of the change order, or (b) if no mutual agreement
occurs between the owner and the contractor, then the change in the contract
price, if any, shall then be determined by the architect on the basis of the
reasonable expenditures or savings of those performing, deleting or revising the
work attributable to the change, including, in the case of an increase or decrease
in the contract price, an allowance for direct job site overhead of 5%, and profit
5% will be utilized.
D. The execution of a change order by the contractor shall constitute
conclusive evidence of the contractor's agreemertt to the ordered changes in the
work, this agreement as thus amended, the contract price and the contract time.
The contractor, by executing the change order, waives and forever releases any
claim against the owner for additional time or compensation for matters relating
to or arising out of or resulting from the work included within or affected by the
executed change order.
7. CONTRACTOR'S ACCEPTANCE OF CONDIjnONS
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A. 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.
II. 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 Contract and with the
specifications.
8. BOLD HARMLESS
The Contractor covenants and agrees to indemnify 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 the Contractor or any of its Subcontractor(s) in any tier, occasioned
by the negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event that the service is delayed or suspended as a result of the Contractor's
failure to purchase or maintain the required ill.surance, the Contractor shall
indemnify the County from any and all increased expenses or lost revenue
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above. The extent of liability is in no way limited to,
r,educed, or lessened by the insurance requirements contained elsewhere within
this agreement. The provisions of this section shall survive the expiration or
earlier termination of this agreement.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statem$t contained in this agreement
shall be construed so as to find the Contractor or any of hislher employees,
contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
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10. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is
not job related, in its recruiting, hiring, promoting, terminating, or any other area
alfecting employment under this agreement or with the provision of services or
goods under this agreement.
11. ASSIGNMENTISUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for 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 subcontractor 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 obligation upon the board in addition to
the total agreed-upon price of the services/goods of the Contractor and
compensation to County.
12. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall
abide by all statutes, ordinances, rules and regulation pertaining to, or regulating
the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinanees, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination
to the Contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
13. INSURANCE
]~rior to execution of this agreement, and maintained throughout the life of the
contract, the Contractor shall furnish to the County Certificates of Insurance
indicating the minimum coverage limitation as listed below:
A. General Liability - include as a minimum:
. Premises Operations
. Products and Completed Operations
. Blanket Contractual Liability
. Personal Injury Liability
. Expanded Definition of Property Damage
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The minimum limits acceptable shall be $500,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$500,000 per person; $500,000 per Occurrence; and $500,000 Property
Damage.
An Occurrence Form policy is preferred. If coverage is changed to or
provided on a Claims Made Policy, its provisions should include coverage for
claims filed on or after the effective date of this contract. In addition, the
period for which claims may be reported should extend for a minimum of 48
months following the termination or expiration of the contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST
BE NAMED AS ADDITIONAL INSURED.
B. Vehicle Liability - include as a minimum:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person; $300,000 per Occurrence; and $50,000 Property
Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST
BE NAMED AS ADDITIONAL INSURED.
c. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain 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 or companies must maintain
a minimum rating of A-VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by 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 SIiIbmit a Letter of Authorization
issued by the Department of Labor and Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
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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.
14. CONTRACTOR'S RESPONSmILITY
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.
15. NOTICE REQUIREMENT
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
Director, Middle Keys Operations
Monroe County Facilities Maintenance
10600 Aviation Blvd.
Marathon, FL 33050
AND
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR
E.G. Braswell
5635 Macdonald Ave.
Key West, FL. 33050
OR REPRESENTATIVE AT JOBSITE
FOREMAN
Notice shall be deemed received when hand delivered, delivered by mail, or when
deemed undeliverable by the U.S. Postal Service.
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16. CANCELLATION
A) In the event that the Contractor shall be found to be negligent in any
aspect of installation, stocking, maintenance, repair, or service, the County
shall have the right to terminate this agreement after five days written
notification to the Contractor.
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 tetmination. No payment shall be
made for profit for work which has not been performed.
17. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, 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 the agreement, the County and Contractor
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be
subject to arbitration.
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.
18. RECORDKEEPING
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 tetmination of this Agreement.
If an auditor employed by the County or Clerk determines that monies paid to
Contractor or not paid to County pursuant to ~is Agreement were spent for
purposes not authorized by this Agreement or ~ngfully retained by Contractor,
the Contractor shall repay the monies together witih interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were to have been paid.
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19. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application
thereof to any circumstance or person) shall be decclared 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.
20. 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
lmforcement or interpretation of this Agreement, the prevailing party shall be
lmtitled 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, court costs, investigative, and out-of-pocket expenses in appellate
proceedings.
21. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the County and Contractor and their respective legal
representatives, successors, and assigns.
22. 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 or individual action, as required by law.
23. 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 Bids, and funding solicitations shall
be approved by each party prior to submission.
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24. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
County and Contractor agree that all disputes and disagreements shaH be
attempted to be resolved by meet and confer sessions between representatives of
~:ach of the parties. If no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at public
meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shaH have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida
law. This provision does not negate or waive the provisions of Paragraph 14
concerning canceHation.
25. 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 shaH be required to enter into any arbitration proceedings related
to this Agreement.
26. NONDISCRIMINATION
County and Contractor agree that there wiH 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
automaticaHy 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
aH Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: I) 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 Rehabilltation 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 alco~ol 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 patent
records; 8) Title VIII of the Civil Rights Act df 1968 (42 USC s. et seq.) as
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amended, relating to nondiscrimination in the sale, rental or financing of housing;
9) The Americans with Disabilities Act of1990 (42 USC s. 1201 NoteD, 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 the parties to, or the subject matter of, this
Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on
the basis of race, color, sex, religion, disability, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age. 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.
27. COVENANT OF NO INTEREST
County and Contractor covenant that neither presently has any interest, and shall
not acquire any interest, which would conflict in any manner or degree with its
!performance under this Agreement, and that only interest of each is to perform
:ilnd receive benefits as recited in this Agreement.
28. 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 Statues, 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.
29. NO SOLlCITATIONIPAYMENT
The County and Contractor warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to tetminate 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.
30. PUBLIC ACCESS
The County and Contractor shall allow and pllImit reasonable access to, and
inspection of, all documents, papers, letters or ot1l.er materials in its possession or
under its control subject to the provisions of Cllapter 119, Florida Statues, and
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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.
31. NON-WAIVEROFIMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation
of the County and the 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, nor shall any contract entered into
by the County be required to contain any provision for waiver.
32. 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
imy 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 exttlnt to the performance of such
iCunctions and duties of such officers agents, volurtteers, or employees outside the
lIerritoriallimits of the County.
33. LEGAL OBLIGA nONS AND RESPONSffiILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not
iintended to, nor shall it be construed as, relieving any participating entity from
:my obligation or responsibility imposed upon the entity by law except to the
,extent of actual and timely performance thereof by and participating entity, in
which case the performance may be
offered in satisfaction of the obligation or responsibility. Further, this Agreement
iis not intended to, nor shall it be construed as, authorizing the delegation of the
'~onstitutional or statutory duties of the County, except to the extent permitted by
Ithe Florida constitution, state statute, and case law.
34. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any ofthern, of the
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
IIhe Contractor agree that neither the County nm the Contractor or any agent,
officer, or employee of either shall have the alilthority to inform, counsel, or
otherwise indicate that any particular individual or group of individuals, entity or
entities, have entitlements or benefits under this i Agreement separate and apart,
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inferior to, or superior to the community in general or for the purposes
c:ontemplated in this Agreement.
35. 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
I>rug-Free Workplace Statement.
36. 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.
37. .KXECUTION 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 any of the parties hereto may execute this Agreement by
signing any such counterpart.
38. 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.
39. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Monroe County Board of County
Commissioners.
REMAINDER OF PAGE INIENTIONAL Y LEFT BLANK
Page 15 of 16
Joe London Fire Training Facility
39. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is
l;ontingent upon an annual appropriation by the Monroe County Board of County
Commissioners.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date: first written above in four (4) counterparts, each of which shall, without proof or
accounting for the other counterparts, be deemed an original contract.
(SEAL)""
Attest: DMfflYL. KOLHAGE, CLERK
BaU'~
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE C TY, FLORIDA
By:
Mayo IChairman
Date:
MAR 1 9 Z008
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WITNESS
Title: -f-r il fA J/l1/JJ1{,( jRt(,
Page 16 of 16
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
..
EIJ
or
(;. IS nitS L-Ve//
(Company Officer/Partner/lndiv dual)
..
.. warrants that he/it has not employed, retained or otherwise had act on hislits behalf any former
County officer or employee in violation of Section 2 of Ordinance !No. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990, Fior breach or violation of this provision
the County may, in its discretion, tenninate this Agreement withoul liability and may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former Cbunty officer or employee",
-- ----
(Signature) ______
Date: :1-/11/0 J?
"F\OI7 \dn
COUNTY OF: f\"l:)l\~-e...
Subscribed and sworn to (or affinned) before me on ---U ~
(date) by _:Frl'jal2- 6e..o...~~ \ \
STATE OF:
fe.b, l IO~ loc13
(name of affiant). He/She is Dersonall~
knnwn to mll or has produced
as
identification. (type of identification)
O\A · .1\ h:t
NOTARY PUBLIC
My commission expires:
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Exterior Stair Replacement - Joe London Fire Training Facility
ACORDN CERTIFICATE OF LIABILITY INSURANCE I DAl1!(~
02114108
PRQDUCER THIS CERnFlCATE IS ISSUED AS A MATTER OF INFORMATION
Wachovla Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
1000 S. Pine Island Road, #225 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW.
Plantallon, FL 33324
954-475-3800 INSURERS AFFORDING COVERAGE HAlC,
........, INSURER" Hanrora Ins. Co of SE 0
E.G. Bras....1l Construction, Inc. INSURER a, Harffilrd Casualty Ins Co.
EG Braswell Leasing Corp. INSURER'" Twin City Fi.. Ins. Co.
5565 Second Avenue INSURER 0:
Key West, FL 33040 INSURER E:
CIIentiJ: 227284
EGBRACO
COVERAGES
THE POUCIES OF INSURANCE LISTED BelOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POliCY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT. TERM OR CONDmON OF ANY CONTRACT OR ornER DOCUMENT WITH RESPECT TO 'MilCH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANcE AFFORDED BY THE POUCles DESCRIBED HEREIN IS SUBJECT TO AlL THE TERMS. EXCLUSIONS AND CONOfTIONS OF SUCH
~:s_ AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCE08YPAlD~~
L TVPE Of' INSURANCE POUCY __ TION .....
A ~UA8IUTY 21UUNUT1323 05104107 0 EACH OCCURRENCE $1 000 000
K- COMMERcw.. GENERAl UABR..lTY QAMAGE TO RENTED s300 000
r'~lCL.AlMS """'De [iJ OCCUR MED EXP (Any one person) $10000
X OCP PERSONAl. & AOV INJURY $1 000 000
GENERAL AGGREGATE $2.000 000
"'- s2.000 000
nAGG~riilMTnlPEFt PRODUCTs - cor.FlOP AGG
POUCY XI~ LOC
C ~LE UA81L11Y 21UENUU0850 05I04I07 05lll4lo8 COM8JNED SINGLE lIMIT $1,000,000
~ ANY AUTO (Ea8CCldenl)
t-- ALl OWNED AUTOS BOOIL Y INJURY
{Per person) $
X SCHEDULED AUTOS
HIRED AUTOS 800ft Y INJURY
X (Peraocidenl:) $
"'- NON-OwNED AUTOS
- PROPERTY DAMAGE $
(Pw8Ctident)
R"L~ AUTO ONlY - EA ACCIDENT $
ANY AUTO OTHER THAN EA ACe $
AUTO ONlY: AGG $
B EX~UA8lUTY 21RHUUTD920 05I04I07 EACH OCCURRENCE s2 000 000
P OCCUR [] ctAlMS MAIJE AGGREGATE $2 GOO 000
$
~ ~EDOCTI8LE $
X RETENT10N $10000 1'1 $
WORKERaC~TJONAND m "-r{ "~' r IT~~I jOJ)t
EMPLOYERS" LIA8IUTY
ANY PROPRIETORJPARTNERJEXECuTIVE . - - '... - - "- E.L EACH ACCIDENT $
OFFlCERlMEMBER EXCLUDEI)? H''0 d.d -DK E.L. DISEASe. EA EMPlOYEE S
~~..... .- - - ,..- - E.L DfSEASE - POlICY UMIT $
O""'R - "..
" "." f .---
DESCRIPTIoN OF c:.ERATlONSI LOCA.11ONS IVEHtCI.E8I EXCLUSIONS ADDED BY ENII C- T!.. JElll/SPEClAL PROYIIIONS
Certificate holdar Is included as additional insuM as _peets General Liability and
Auto Uability only
Terrorism Included
CERTIFICATE HOLDER
ACORD 2S (20011118) 1 of 2
1S11978911M1197847
CANCEUAnON
SHOULD ANY OF mE MdvE DE8CRBED POlJCES BE CANCELLED BEFORE 11fE EXPtRA1lOH
DATE THEREOF, mE -'INSURB WIll. ENDEAVOR TO 11M.. ......3IL DAYS WRITTEN
N011CE TO THE ~TE HOlDER NAIlED TO mE LEFT, BOT FALURE TO DO so 8HAU.
IMPOSE NO OBUGATION ()R UABIUTY OF" NIY om UPON mE INSURER, rrs AGENTS OR
IlEI'RaENTAlI\/E8.
_RE
~.".;.(. K
DMI03
.. ACORD CORPORAnoN 1988
Monroe County Baec
1100 Simonton Street
Key West, FL 33040
ACORD", CERTIFICATE OF LIABILITY INSURANCE 10002380 I DATE (MMfDOIYVYY)
2/27/2008
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Risk Concepts Corporation ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
410 43rd Street West Suite N HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
Bradenton, FL 3420EI ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Phone: 1-877-746-2209 INSURERS AFFORDING COVERAGE NAlC#
INSURED Insurer A: Southern Eagle Insurance Co.
Administrative Concepts Corp Reinsurer B: Lloyds of London AA-1122000
406 43rd Street West Reinsurer C: Aspen Reinsurance AA-1120337
Bradenton, FL 34209 Reinsurer D: Max Re Bermuda AA-3190829
I Reinsurer E: Odyssey Re 23680
COVERAGES
THE POLICIES OF INSURANCE LISTED BElONHAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLlCYPERrOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDrTlON OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISsueD OR
MAY PERTAIN, THE INSURANCE AFFORDED BYTHE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR r.!?~ POL.ICY N.JMBER POL.ICY EFFECTIVE "Ri!g! EXPIRATION UMITS
~~L. L.IABIUlY EACH OCCURRENCE $
COMMERCIAL GENERAL. LIABILITY ~~~JYE~~~E~nce] .
I CLAIMS MADE 0 OCCUR MED EXP (MY one person) .
PERSONAL & AOV INJJRY .
GENERAL AGGREGATE .
~'~ AGG~nE LIMIT AF'AStPER PRODUCTS - COMP/OP AGG .
POLICY :~R8T LOC
~OMOBILE L.IABIUTY COMBINED SINGLE LIMIT .
ANY AUTO (Ea aOOdent)
l-
I-- ALL OVvNED AUTOS BODilY INJURY
(Per person) $
- SCHEDULED AL'TOS
- HIRED AUTOS BODILY INJURY
(PeracCldenl) $
NON-OVlNED AUTOS
- "11{) ( 11',9
"
," ...~; I, ",; . ' ", ....-.. PROPERTY DAMAGE .
u. (Per accident)
~RAGE LIABILITY ..Y ,," --,-- f--- AUTO ONLY - EAACCIDENT .
ANY AUTO .... fdc':!M OTHER THAN EA ACC .
. .
...' AUTO ONLY AGG .
.. I> ,p-- ';"" EACH OCCURRENCE .
pESSlUMBRELLA L.lABIUTY '... ------,
OCCUR CJ CLAIMS MADE AGGREGATE .
.
R DEDUCTIBLE .
RETENTION . .
WORKERS COMPENSATION AND WC0272682-00 1/1/2008 1/1/2009 X I T~ STAT,~""c: I IOJ~-
A EMPL.OYERS' LIABILITY
ANY PROPRIETORfPARTNERIEXECUTIVE E l. EACH ACCIDENT . 1 000 000
OFFI CERIMEMBER EXCLUDED? EL DISEASE - EA EMPLOYE . 1,000,000
~~~I~s~b~v~~1g~s belCTo'l E.L DISEASE - POLICY LIMIT . 1,000,000
BC OTHER :Iease note mat ':'OUUlem t:ag e rnsurance company ~as relnsurea Its ~ia~i itles In excess Or ~";:)u,uuu Ur er the po Icies Or
Workers Compensation insurance listed above with underwriters listed A- or better at ~he time of placement of such reinsurance. Such reinsurance are
DE Excess Coverage subject to their own terms, conditions and limits. This is for informational purposes and nothing herein shall create any right
under such reinsurances.
DESCRIPTION OF OP~TlONS I LO'CATlONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT' SPECIAL. PROVISIONS Effective: 7/23/2002 021969
Coverage is extended to the leased employees of alternate employer (Florida Operations Onry):
E.G. Braswell Constrllction Inc Freeman Justice Center
DISCLAIMER: This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer,
and the certificate holder, lIlor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
CERTIFICATE HOLDER
Monroe County
CANCELLATION
SHOLLa ANY OF TIE tBOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSLJNG INSURER WILL ENOEAVOR TO MAlL ~ DAYS WRlITEN
NOTlCE TO THE CERTlFlCATE HOlDER NAMED TO TIE LEFT, BUT FAILURE TO DO SO SHALL.
IMPOSE NO OBL.lGATI~N OR L1ABIL.1TY OF ANY KIND UPON THE INStJU:R, FrS AGENTS OR
1100 Simonton St
Key West, FL 33040
Fax #
(305) 295-4321
av-....- ..JJ..
@ACORD CORPORATION 1988
ACORD 25 (2001/08)