06/17/2009 Agreement
AGREEMENT
THIS AGREEMENT, ("Agreement") made and entered into this 17th day of June, 2009,
by and between MONROE COUNTY, FLORIDA, ("County"), 1100 Whitehead Street,
Key West, Florida, and Smith Industries, Inc. d/b/a Smith Fence Company ("Contractor")
whose address is 4699 110th Ave. N, Clearwater, Florida 33762.
WITNESSETH:
The parties hereto, for the consideration hereinafter set forth, mutually agree as follows:
1. THE CONTRACT
The contract between the County and the Contractor, 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 the Agreement, the Request for Bid, the
Specifications, all Change Orders and any addenda, the Contractor's Bid
documents, any 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.
3. SCOPE OF THE WORK - Security Fencing Improvements - Plantation Key
Jail, 53 High Point Road, Plantation Key, Florida 33036 and Marathon Jail, 3981
Ocean Terrace, Marathon, Florida 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,
equipment, fixtures, appliances, facilities, tools, transportation, storage, power,
the payment of any applicable sales and use taxes; procurement and payment of
any required permits from local, state or Federal authorities having jurisdiction,
royalties and product license fees; fuel, heat, light, cooling, and all other utilities
as required by this contract. The work is to not disrupt or jeopardize jail
operations. Contractor is to abide by all security rules and regulations The work
to be performed by the contractor is generally described as follows:
1. Marathon Jail:
a. Attach a galvanized vertical barbwire arm extension with cap
similar to a "Cantilever Barbwire Arm" #CL-CARM-2 as
manufactured by Hoover Fence Co. (hooverfence.com) at each
line and comer post of the existing eleven foot high perimeter
fence including gates (approximately 500 lineal feet, 43 (forty-
three) 3" line posts, 14 ( fourteen) comer/gate posts & 3 (three)
2 1/2" gate posts). Secure the barbwire arm extensions to fence
posts just below existing top rail with the arm extending up past
the existing V shaped barbed arms to four feet above the fence
fabric. Attach two rows of tension wire to barbwire arm
extensions, one at four inches from the top and the other twenty-
four inches from the top. Peen all bolts.
b. Provide and install new 41" diameter reinforced barbed tape
equal to Detainer Hook Barb as manufactured by Allied Tube &
Conduit, to new barbwire arm extensions and tension wire
Attach at two points about each coil circumference. Attach
existing lower barbed tape to new barbed tape. Install above all
gates.
c. At both Recreation Yards, provide and install two horizontal
rows of new 40" diameter reinforced barbed tape equal to Nato
Barrier as manufactured by Allied Tube & Conduit, one row
around the perimeter of the chain link fabric roof/wall
connection and the other at the chain link fabric/CMU wall
connection. At the facility wall juncture, run barbed tape
vertically, connecting upper and lower rows (approximately 240
lineal feet overall). Barbed tape to be attached with tamper
proof connections as approved by the Owner.
2. Plantation Key Jail:
a. Remove existing top and secondary row of barbed tape atop the
existing ten-foot high perimeter fence including gates
(approximately 340 lineal feet each). Properly dispose of
removed wire.
b. Provide and install new 41" diameter reinforced barbed tape
equal to Detainer Hook Barb as manufactured by Allied Tube &
Conduit, atop of existing fence and centered on existing barbed
wire arms. Attach at two points about each coil circumference.
Install above all gates. Include replacement of ten 45-degree
top-rail barb arms to match existing. Include replacement of
300 L.F. of barbed wire to match existing.
c. Provide and install new 40" diameter reinforced barbed tape
equal to Nato Barrier as manufactured by Allied Tube &
Conduit to replace the removed secondary row of barbed tape.
Attach at two points about each coil circumference. One point
at top of chain link fabric and the other at top barb or tension
wire. Install above all gates.
d. Provide and install 1 'l4" galvanized posts with ball caps at ten
feet or less on center at roof s edge along both north and south
building elevations (approximately 280 lineal feet with eight
comers). Posts and barbed tape to start at 30 feet north and 30
feet south of western comers of roof, follow roofline to the east
and terminate against Courthouse wall. Posts to be secured to
facility utilizing a wall flange similar and equal to Kee Lite L68
wall flange. Posts shall extend 48" above roofline with two
rows of 25" diameter reinforced barbed tape equal to Detainer
Hook Barb extending full length of north and south roofline,
supported and secured to three rows of tension wire attached to
posts. Two-inch clearance shall be maintained between lower
row of barbed tape and roof.
e. Provide and install 30" diameter Nato Barrier along Courthouse
roof concrete fascia (approximately 120 LF). Attach with
stainless steel clips and fasteners at each coil circumference.
f. Remove existing 12' double swing gate at northern fence line.
Fill in fence line with new posts, fabric, top rail, barb arms,
barbed wire and reinforced barbed tape to match existing.
Provide, frame and install new 36" X 84" pedestrian gate in this
area. Gate is to be secured with a stainless steel lever lockset,
keyed on both sides. Stops and bolt guards are to be provided to
ensure a secured condition. Peen all bolts.
B. SUBMITTALS - Owner review and approval is required for the following
submittals. When submittals are marked approved by the Owner, that part of the
work covered by the submittal may proceed provided it complies with
requirements of the Contract Documents; final acceptance will depend upon that
compliance. Allow sufficient review time so that installation will not be delayed
because of the time required to process submittals, including time for re-
submittals. Allow two weeks for initial review. Four copies will be required for
each submission. One copy will be returned to the Contractor with appropriate
comments.
1. SHOP DRAWINGS: Shop drawings include fabrication, installation and
similar drawings of proposed installation. Information to include
dimensions, identification of products and materials included,
compliance with specified and manufacturer's standards and notation of
dimensions established by field measurement. Provide shop drawings for
the following:
a. Fence and post installation
b. Gate location, framing and assembly, including lockset
c. Wall flange installation
d. Barbed tape installation (all applications)
e. Vertical barbwire arm extension
2. PRODUCT DATA: Product data includes printed information such as
manufacturer's installation instructions, catalog cuts and printed
specifications. Provide product data for the following:
a. Fence fabric
b. Posts
c. Wall flanges
d. Barbed tape
e. Lockset
f. Hardware and accessories
g. Barb and tension wire
C. PRODUCTS:
1. Fence fabric: Match existing - At a minimum provide 9-guage wire,
woven in a 2" diamond mesh. Top selvage to be twisted and barbed,
bottom selvage to be knuckled. Zinc-coated fabric shall be galvanized in
accordance with ASTM A 817.
2. Metal Posts and pipe: Provide posts conforming to ASTM F 1083, zinc-
coated. Group IC steel pipe, zinc-coated with external coating Type A or
Type B and Group II, roll formed steel sections, meeting the strength and
coating requirements of ASTM F 1043 and ASTM A 702.
3. Concrete: Conforming to ASTM C 94, having a minimum compressive
strength of 3,000 PSI at 28 days.
4. Barbed Tape: Stainless Steel tape material and Stainless Steel core
material. "Detainer Hook Barb" and "Nato Barrier" as manufactured by
Allied Tube & Conduit or approved equal.
5 . Wall Flange: "Kee Lite" Type L68 wall flange or approved equal
6. Tie Wire: 16 gauge Stainless Steel for barbed tape and 9 gauge
galvanized for fabric
7. Hog Rings: 12.5 gauge Stainless Steel
8. Fasteners (other than fencing): Stainless Steel
9. Barbed Wire: Conform to ASTM A 121 zinc-coated, 12.5 gauge, two
strand twisted line wire with 4 point barbs at 5" spacing.
10. Tension Wire: 7 gauge coil spring conforming to ASTM A 824
11. Gates: Conform to ASTM F 900
4. THE 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
sum of Fifty Six Thousand Eight Hundred Forty-five /100 Dollars ($56,845.00).
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 administrative
and construction activity. Provide a continuous vertical line to
identify the first working day of each week.
b. The time line between the Notice to Proceed and substantial
completion is not to exceed ninety days unless approved by the
Owner.
2. Application for Payment: Partial progress payments may be issued to
the Contractor with the Owner's approval and with submission of properly
executed invoice and partial release of liens. Ten percent retainage will be
withheld on all progress payments. When the final work is accepted by
the owner, the contractor shall invoice the County for full and final
payment.
A. 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 protect the owner from
loss because of:
1. defective work not remedied by the contractor nor, in the
opinion of the owner, likely to be remedied by the contractor;
2. claims of third parties against the owner or the owner's
property;
3. failure by the contractor to pay subcontractors or others in a
prompt and proper fashion;
4. evidence that the balance of the work cannot be completed in
accordance with the contract for the unpaid balance of the contract
pnce;
5. persistent failure to carry out the work in accordance with the
contract;
6. 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.
3. When all of the work is finally complete and the contractor is
ready for a final inspection, it shall notify the owner thereof in writing.
Thereupon, the owner 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 owner will promptly issue a final certificate for
payment certifying 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 owner
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.
4. The contractor shall not be entitled to final payment unless and
until it submits to the owner an affidavit confirming 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.
5. Acceptance of final payment by the 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
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
equipment 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. This one-year warranty is inclusive
of all labor, transportation, equipment and material cost with no cost to the
owner and is in addition to any Manufactures standard warranties. 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, issued after execution of this agreement, authorizing and directing a
change in the work or an adjustment 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 owner 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 agreement 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 CONDITIONS
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.
B. 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. HOLD 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 or omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event that the service is delayed or suspended because 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) of remuneration paid to the Contractor is 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. 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 statement contained in this agreement
shall be construed so as to find the Contractor or any of his/her employees,
contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
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
affecting employment under this agreement or with the provision of services or
goods under this agreement.
11. ASSIGNMENT/SUBCONTRACT
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, ordinances, 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
Prior 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
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 submit a Letter of Authorization
issued by the Department of Labor and 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 .
14. CONTRACTOR'S RESPONSIBILITY
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
1 0600 Aviation Blvd.
Marathon, FL 33050
AND
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR
Raymond P. Smith
4699 110th Ave. N
Clearwater, FL 33762
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.
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 termination. 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 termination 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 this Agreement were spent for
purposes not authorized by this Agreement or wrongfully retained by Contractor,
the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were to have been paid.
19. 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.
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
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, 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.
24. 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 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 shall 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 16
concerning cancellation.
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 shall be required to enter into any arbitration proceedings related
to this Agreement.
26. 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 patent
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 NoteO, 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
and 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 SOLICITATIONIPAYMENT
The County and Contractor warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than a
bona fide employee working solely for it, any fee, commission, percentage, gift,
or other consideration contingent upon or resulting from the award or making of
this Agreement. For the breach or violation of the provision, the Contractor
agrees that the County shall have the right to terminate this Agreement without
liability and, at its discretion, to offset from monies owed, or otherwise recover,
the full amount of such fee, commission, percentage, gift, or consideration.
30. 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 Statues, 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.
31. NON-WAIVER OF IMMUNITY
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
any 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.
33. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. 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 and 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.
34. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, 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
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.
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
Drug-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. 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 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 intentionally left blank
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.
_;.." .~___.~..W
I!;f;j;:~\,
ff~L; KOLHAGE, CLERK
\\~.~'.',...:.f,,-t~..~~....\(...:.,.'..',.',',.'.'".........
Bt:~:
. -.: ::c:~~,'" puty Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By~""I!.. >n~,e.<J-..
Mayor/Chairman
Date:
";:-
JUN 1 7 2009
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Title: V.Pr~M /Cnp ~rJ.'~
CONTRACTOR
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Date:
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Title:
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
RllymCl1& p, SM i-Hl 1ll
(Company Officer/Partner/Individual)
warrants that helit has not employed, retained or otherwise had act on his/its 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. For breach or violation of this provision
the County may, in its discretion, terminate this Agreement without 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 Coun fficer or employee".
Date:
OS. /;;.. () 9
STATE OF:
Fll)n'~
Jr"() e II a.s
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
MtLy (~. ~ OoCf
(date) by
Rflym(')()J P. ,) rYl;.J.h m
(name of affiant). He/She is personally
known to me or has produced
-
as
identification. (type of identification)
NOTARY tlt!BLle=8TAtl!: OF fiOR1t)^
".........", Jennifer Lee Zahner
~. jCo~missioD #DD782287
'............. ExpU'cs: APR. 23, 2012
BONDED THRU ATLANTIC BONDING CO., INC.
My commission expires:
29
Security Fencing Improvements
NON-COLLUSION AFFIDA vir
I. <<of the city of e.la(~kt
according to law on my oath, and under penalty of pe~ury, depose and say that:
1. I am --'prp'7i d..u1t
of the firm of Sm(.th..InduclrrlS ."II\G
making the Bid for the services/work/project described in the Request for
Bids for:
:"\
JOoI'ls
2. The prices in this bid/Bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor.
3. Unless otherwise required by law, the prices and percentage of return which have
been quoted in this bid/Bid have not been knowingly disclosed by the responder and
will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or
indirectly, to any other bidder/responder or to any competitor.
4. No attempt has been made or will be made by the bidder/responder to induce any
other person, partnership or corporation to submit, or not to submit, a bid/Bid for the
purpose of restricting competition.
5. The statements contained in this affidavit are true and correct, and made with full
knowl e that Monr County relies upon the truth of the statements contained in
this davit i aw 9 ontracts for the project/services/work.
05. I ~ . 0'1
(Date)
STATE OF:
COUNTY OF:
PERSONALLY APPEARED BEFORE ME, the undersigned authority, ju'lJtlMJ.. P. Smi4-h JIL.
who, after first being sworn by me, (name of individual signing) affixed his/her signature in the
space provided above on this (,,'" day of MAJ/ 20 oq .
PintUo..s
NOTARY PUBUC-STATE OF rwrun.a.
............., Jennifer Lee Zahner
i oW 1 Commission I DD782287
\'~l Expires: APR. 23,2012
!\O!\'l)W TRRt" ATlA'.TH: BONDiNG OJ, L\c'
NOTARM 4 ~
\\...../
My Commission Expires: OLl. J3 . f~
30
Security Fencing Improvements
I
,
DRUG-FREE WORKPLACE FORM
The undersigned Contractor/bidder/responder in accordance with Florida Statute 287.087
hereby certifies that: 0
._...__________._____ vmi-ln L1~str;es, Titc.. d.bI Smtf-h tf.nll Cn'"fQ./l(
(Name of Business)
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 employees 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), notify 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 contendere 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. Imposes a sanction on, or requires 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. Make 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.
above reqUireme~o.vf4
Bidder's Signature
I certify that this firm complies fully with the
_J'5 ./'J.. Oq
Date
NOTARY PL'BLlCSTATF; OF nORmA
...........,.. Jennifer Lee Zahner
{. J ~om.mission # DD782287
...,.......... Expires: APR. 23,2012
BONDED THRlJ ATl.ANTlC flO~U1NG CO. I~C
My Commission Expires:
31
Security Fencing Improvements