11/18/2009 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
November 24, 2009
TO:
Fire Chief James Callahan
Fire-Rescue Department
A TTN:
FROM:
Darice Hayes
Pamela G. Hanc~.
At the November 18, 2009, Board of County Commissioner's meeting and the Board of
Governors meeting the Board granted approval and authorized execution of an Agreement
between the Board of Governors of Fire and Ambulance District 1 and Ferrara Fire Apparatus,
Inc., in the amount of $319,665.00 for the purchase of one Class A Pumper.
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 ./
AGREEMENT BETWEEN
THE BOARD OF GOVERNORS OF FIRE AND AMBULANCE DISTRICT 1
OF MONROE COUNTY, FLORIDA
AND
FERRARA FIRE APP ARA TUS. INC.
FOR A CLASS A PUMPER
THIS AGREEMENT made and entered into this 18th day of November, 2009, by and between the Board
of Governors of Fire and Ambulance District 1 of Monroe County, Florida, hereinafter "COUNTY" and
Ferrara Fire Apparatus" Inc., hereinafter "RESPONDENT."
WITNESSETH:
WHEREAS, the COUNTY has determined that it is in the best interest of the public to enter into an
agreement with Respondent to build a new Class A Pumper;
NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows:
1. SCOPE OF WORK
The RESPONDENT shall furnish all labor, materials, equipment, machinery, tools, apparatus, and
transportation and perform all work as described in the Specifications of the completed RFP submitted by
RESPONDENT attached as Exhibit A, for the purchase of a new Class A Pumper.
2. CONTRACT SUM
The COUNTY agrees to pay for the Class A Pumper in the manner as set forth in the contract documents
the sum of $319.665.00, which includes all of the work described in the attached specifications.
Acceptance shall occur after the unit is received, inspected and found to comply with specifications, free
of damage or defect and properly invoiced.
3. CONTRACT DOCUMENTS
This contract consists of the Agreement, the RESPONDENT'S response to the RFP, the
Documents referred to in the Agreement as a part of this Agreement and N/ A.
4. CONTRACT TERM
The Contract shall commence on the date on which the Contract is signed by the last party of the two
parties signing the Contract. Delivery will be made within 180-210 calendar days after receipt of order.
5. PAYMENT
a. The RESPONDENT shall invoice the COUNTY, in accordance with the pricing and terms
as outlined in the contract documents. Invoices shall be submitted to the Monroe County
Emergency Services Office, 490 63rd Street, Ocean, Marathon, Florida 33050, for approval
and processing. Payment shall be made upon presentation of a proper invoice in
accordance with the terms of the Florida Local Government Prompt Payment Act. If the
contract period exceeds one fiscal year, payment is contingent upon annual appropriation
by the County.
Page 1 of9
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b. All payments shall be made directly to the RESPONDENT at the RESPONDENT's office
located at:
P.o. Box 249
Holdon~ LA 70744
6. MODIFICA TIONS AND AMENDMENTS
Any and all modifications of the goods required, and! or cost of goods to be delivered, shall be amended
by an Agreement Amendment, which must be approved by the Board of Governor of Fire and Ambulance
District I of Monroe County, Florida, and such modification shall not become effective until approved in
writing by the COUNTY.
7. INDEPENDENT RESPONDENT
At all times and for all purposes hereunder RESPONDENT is an independent bidder and not an employee
of the Board of County Commissioners of Monroe County, Florida. No statement contained in this
Agreement shall be construed so as to find the RESPONDENT or any of his /her employees, bidders,
servants, or agents to be employees of the Board of County Commissioners of Monroe County, Florida,
and they shall be entitled to none of the rights, privileges, or benefits of employees of Monroe County.
8. SUBCONTRACTING/ ASSIGNMENT
RESPONDENT shall not assign, sublet, subcontract, sell or transfer any interest in this contract without
the prior written consent of the COUNTY thereto.
9. NOTICE - GENERAL
Any notice or notices required or permitted to be given pursuant to this contract maybe personally served
on the other party by the party giving such notice, or may be served by certified mail, return receipt
requested, to the following addresses:
PURCHASER: Monroe County Board of County Commissioners
Emergency Services Division
490 63rd Street, Ocean
Marathon, Florida 33050
RESPONDENT:
Ferrara Fire Apparatus~ Inc.
P.O. Box 249
Holdon~ LA 70744
10. RESPONDENT - GENERAL
The RESPONDENT warrants that it is authorized by law to engage in the performance of the activities
encompassed the program herein described, subject to the terms and conditions set forth in the
Attachments, which are attached hereto and incorporated herein as part of this Agreement. Each of the
signatories for the RESPONDENT below certifies and warrants that:
a. The RESPONDENT'S name in this Agreement is the full name as designated in its
corporate charter, if RESPONDENT is a corporation; otherwise RESPONDENT'S name is
Page 2 of9
the business entity, whether partnership or sole proprietorship, under which
RESPONDENT normally conducts business.
b. They are empowered to act and contract for the RESPONDENT.
c. This Agreement has been approved by the Board of Directors of RESPONDENT, if the
RESPONDENT is a corporation.
d. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
proposals on leases of real property to public entity, may not be awarded or perform work
as a respondent, supplier, subbidder, or consultant under a contract with any public entity ,
and may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of36
months from the date of being placed on the convicted vendor list.
11. ENTIRE AGREEMENT
This Agreement constitutes the entire agreement of the parties hereto with respect to the subject matter
hereof and supersedes any and all prior agreements with respect to such subject matter between
RESPONDENT and the COUNTY.
12. CONSENT TO JURISDICTION
This Agreement, its performance, and all disputes arising hereunder, shall be governed by the laws of the
State of Florida, and both parties agree that a proper venue for any action shall be in Monroe County.
13. CONDITIONS OF TERMINATION
a. The performance of work or provision of goods under this agreement may be terminated, delayed,
or temporarily suspended by the COUNTY, in whole or in part, from time to time, wherever the
COUNTY shall determine that such termination is in the best interest of the COUNTY. The
COUNTY shall pay all reasonable costs incurred by the RESPONDENT up to the time of termination,
and all reasonable costs to the RESPONDENT associated with termination.
b. If the RESPONDENT 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 offunds, the COUNTY may terminate the contract by written notice of 15 days.
The notice shall specify cause. The COUNTY shall pay the RESPONDENT fair and equitable
compensation for expenses incurred prior to termination of the agreement, less any amount of
damages caused by the RESPONDENT's breach. If the damages are more than compensation
payable, the RESPONDENT will remain liable after termination and the COUNTY can affirmatively
collect damages.
14. INSPECTION AND CORRECTIONS
The COUNTY shall have the right to inspect the Pumper at the factory and at the time and place of
delivery. Time limited on acceptance and discrepancy correction shall be as stated in attached
Specification. In the event of any deviations from specifications, the RESPONDENT shall have the
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necessary time to inspect the Pumper and make any necessary changes or corrections. Nothing in this
paragraph shall affect any warranties for the apparatus, patent and royalty indemnification, or any other
obligation of the RESPONDENT under this agreement (including the Specifications which are a part
hereof) extending beyond the date of the COUNTY'S acceptance of the Pumper.
15 . WARRANTY
The RESPONDENT warranties that the work performed under this agreement shall render the equipment
fit for the purposes herein. The RESPONDENT shall not be liable for incidental damages resulting from
a breach of any warranty.
16. INDEMNIFICATION
The Respondent to whom an Agreement is awarded shall defend, indemnify and hold harmless the County
as outlined below.
The Respondent 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, 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 expenses, which arise out of, in connection with, or by reason of services provided by the Respondent
or any of its Subbidder(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the Respondent, its Sub-bidder(s) in any tier, their officers, employees, servants or agents.
The Respondent shall indemnify and hold the County harmless from any and all claims liability, losses
and causes of action which may arise out of the fulfillment of this agreement. The Respondent shall pay
all claims and losses of any nature whatever in connection therewith, and shall defend all suits, in the
name of the County when applicable, and shall pay all costs and judgments which may ensue thereafter.
The first ten dollars ($10.00) of remuneration paid to the Respondent is consideration for the
indemnification provided for above.
This indemnification shall survive the expiration or earlier termination of the Agreement.
All property or equipment being directly maintained or repaired by RESPONDENT shall be considered in
its care, custody and control while such work is in progress and until physical control of such property or
equipment is restored to the DISTRICT.
17. INSURANCE
No insurance is required.
18. CONTINGENCY
Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual
appropriation by the Board of County Commissioners.
19. SECTION HEADINGS
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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.
20. OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the RESPONDENT for this Project belong to the COUNTY and may be
reproduced and copied without acknowledgement or permission of the RESPONDENT.
21. SUCCESSORS AND ASSIGNS
The RESPONDENT shall not assign its right hereunder, 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.
22. NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in
favor of, any third party.
23. 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 proposal on contracts to provide any goods or services to a public entity,
may not submit a proposal on a contract with a public entity for the construction or repair of a public
building or public work, may not submit proposals on leases of real property to public entity, may not be
awarded or perform work as a respondent, supplier, or subbidder 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 of36 months from the date of
being placed on the convicted vendor list.
By signing this Agreement, RESPONDENT 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 COUNTY'S competitive procurement activities.
In addition to the foregoing, RESPONDENT further represents that there has been no determination,
based on an audit, that it or any SUBBIDDER has committed an act defined by 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
RESPONDENT has been placed on the convicted vendor list.
RESPONDENT will promptly notity the COUNTY if it or any subbidder is formally charged with an act
defined as a "public entity crime" or has been placed on the convicted vendor list.
24. GOVERNING LA W~ VENUE~ INTERPRET A TION~ 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.
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In the event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, COUNTY and RESPONDENT 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 Agreement is not subject to arbitration.
25. 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 RESPONDENT 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.
26. ATTORNEY'S FEES AND COSTS
The COUNTY and RESPONDENT 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.
27. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of
the COUNTY and RESPONDENT and their respective legal representatives, successors, and assigns.
28. 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.
29. CLAIMS FOR FEDERAL OR STATE AID
RESPONDENT 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.
30. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and RESPONDENT 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 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.
Page 6 of9
31. 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 RESPONDENT 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 RESPONDENT specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
32. 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 Rehabilitation 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 use
~~ 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, ~~ 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.
33. COVENANT OF NO INTEREST
RESPONDENT 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 the only interest of each is to perform and receive benefits as recited in this Agreement.
34. 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 limited to, solicitation or acceptance of gifts; doing business with a third party
business with which the public officer or employee is affiliated; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of certain
information.
Page 7 of9
35. NO SOLICITATION/PA YMENT
The RESPONDENT 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 RESPONDENT 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.
36. PUBLIC ACCESS
The RESPONDENT 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 RESPONDENT 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 RESPONDENT.
37. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the RESPONDENT
and the COUNTY 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.
38. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the COUNTY, when performing their
respective functions under this Agreement within the territorial limits 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.
39. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any
obligation or responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be
construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except
to the extent permitted by the Florida constitution, state statute, and case law.
40. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce
or attempt to enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the RESPONDENT and the COUNTY agree that neither the
RESPONDENT nor the COUNTY or any agent, officer, or employee of either shall have the authority to
Page 8 of9
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.
41. ATTESTATIONS AND TRUTH IN NEGOTIATION
RESPONDENT agrees to execute such documents as COUNTY may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of
this Agreement by RESPONDENT 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.
42. 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.
43. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
IN wtTN"BSS WHEREOF, each party hereto has caused this Agreement to be executed by its duly
a1ltH'1~&e~...representative.
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Att~: DANNY,t. KOLHAGE, CLERK
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Bi
Deputy Clerk
BOARD OF GOVERNORS OF FIRE AND
AMBULANCE DISTRICT 1
OFMONROECO~~~ _
BY:~~~
Mayor/Chairman
RESPONDENT
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WITNESS: 1YJ.QIk~ ~
Print Name: Melissa Vidrine
Chris Ferrara Preside~ 0
Print Name and Title 0 )::-
Date: October 28. 2009 ~~~6;:-'~
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WITNESS: .~~~
Print Name: Ro bi n Hur s t
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MONROE COUNTY ATTORNEy3it6~
A~%A~~~M: ~g~
YNTHIA L. HALL f fTI
PaJ.~~~TANT COU~Y ATTORNEY
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NON- COLLUSION AFFIDAVIT
I, Chris Ferrara
city of Holden LA
and under penalty of perjury, depose and say that;
1) I am Chris Ferrara
making the Proposal for the project described as follows:
Class A Pumper
, of the
according to law on my oath,
, the respondent
2) The prices in this proposal 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 respondent or with
any competitor;
3) Unless otherwise required by law, the prices which have been quoted in this
proposal have not been knowingly disclosed by the respondent and will not knowingly be
disclosed by the respondent prior to proposal opening, directly or indirectly, to any other
respondent or to any competitor; and
4) No attempt has been made or will be made by the respondent to induce any
other person, partnership or corporation to submit, or not to submit, a proposal for the
purpose of restricting competition; and
5) The statements contained in this affidavit are true and correct, and made with
full knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
STATE OF Louisiana
COUNTY OF
Livingston
(Signature of Respondent)
October 28, 2009
Date
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of
individual signing) affixed hislher signature in the space provided above on this
, 2o{J9~
.. · I' Clf
t :durte \". Q)nermao.
10457
OMB - MCP FORM #1
Attachment B
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a proposal on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
proposals on leases of real property to public entity, may not be awarded or perform work
as a bidder, supplier, subbidder, or RESPONDENT 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 vendor list."
By executing this form, I acknowledge that limy company is in compliance with the
above.
STATE OF Louisiana
(Signature of Respondent)
October 28, 2009
Date
COUNTY OF
Livingston
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
who, after first being sworn by me, (name of
individual signing) affixed hislher signature in the space provided above on this
~q
day of
(tJrr
, 20 (/Cf ·
&~~ex~s;~
NOTARY PUBLIC
},allt'ie C. ihertliatl
10457
Attachment C
DRUG-FREE WORKPLACE FORM
The undersigned Respondent in accordance with Florida Statute 287.087 hereby certifies
that:
Ferrara Fire Apparatus Inc.
(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 proposal 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 proposal, 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 ofthe 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 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 stateme I certify that this firm complies fully with
the above requireme
Respondents Signature
October 28, 2009
Date
OMB - MCP FORM #5
Attachment D
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
Chris Ferrara warrants that he/it 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. 10-1990 or any County officer or employee in
violation of Section 3 of Ordinance No. 10-1990. 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 Count lcer or -
~
(Signature)
Date: October 28, 2009
STATE OF Louisiana
COUNTY OF Li vingston
PERSONALL Y APPEARED BEFORE ME, the undersigned authority,
his/her
who, after first being sworn by me, affixed
signature (.pame of individual signing) in the space provided above on this ::J-q day
of (t) C,,-j
I (J - d-.q , 2O(:ti.
~~A~e- C- ~
NOTARY PUBLIC
My,cOlrleit!olf~~ a:J- ~
14Ut 10451
OMB - MCP FORM #4
Attachment E
MONROE COUNTY, FLORIDA
RISK MANAGEMENT
POLICY AND PROCEDURES
CONTRACT ADMINISTRATION
MANUAL
Indemnification and Hold Harmless
for
Other Bidders and Subbidders
The Bidder covenants and agrees to indemnify and hold harmless Monroe County Board
of County Commissioners AND Board of Governors for District I, its servants, agents
and employees 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 Bidder or any of its
Subbidder(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of The Bidder or its Subbidders in any tier, their employees, or agents.
In the event the completion of the project (to include the work of others) is delayed or
suspended as a result of the Bidder's failure to purchase or maintain the required
insurance, the Respondent 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 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 agr~ement.
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Respondent's Signature
October 28, 2009
Date
TCS
Attachment F