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08/18/2010 Agreement
DANNY L. KOLHA GE CLERK OF THE CIRCUIT COURT DATE: September 16, 2010 TO: Dent Pierce, Director Public Works Division ATTN: Beth Leto, Assistant Director Public Works Division FROM: Isabel C. DeSantis, D.C. J At the August 18, 2010, Board of County Commissioner's meeting, the Board awarded bid and authorized execution of a contract with McCourt Construction, Inc. to resurface the six tennis courts at Higgs Beach, Key West, and the two tennis courts at Watson Field, Big Pine Key. 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 FOR RESURFACING OF TENNIS COURTS HIGGS BEACH, KEY WEST (6 COURTS) AND/OR WATSON FIELD, BIG PINE KEY (2 COURTS) MONROE COUNTY, FLORIDA c This Agreement is made and entered into this l b —'day of!�Y, i 0, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and McCOURT CONSTRUCTION, INC. ("CONTRACTOR"), a Florida corporation, whose address is 16155 SW 1171h Avenue, #26, Miami, FL 33177. WHEREAS, COUNTY desires to resurface tennis courts at Higgs Beach, Key West and/or Watson Field, Big Pine Key, Monroe County, and WHEREAS, CONTRACTOR desires and is able to resurface tennis courts at Higgs Beach, Key West and/or Watson Field, Big Pine Key, Monroe County; and WHEREAS, it serves a legitimate public purpose for CONTRACTOR to resurface the tennis courts at Higgs Beach, Key West and/or Watson Field, Big Pine Key, Monroe County, now therefore, IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as follows: 1. THE AGREEMENT The Agreement consists of this document, all change orders, the bid documents, exhibits, and any addenda only. 2. SCOPE OF THE WORK The Contractor shall furnish all labor, materials, equipment, tools, transportation, services, and incidentals, and perform all the work necessary in accordance with the specifications entitled: RESURFACE TENNIS COURTS HIGGS BEACH, KEY WEST (6 COURTS) AND/OR WATSON FIELD (2 COURTS), BIG PINE KEY, MONROE COUNTY, FLORIDA The work includes resurfacing of tennis courts identified on attached Location Sheets to match the existing designs and layout configuration dimensions, including repair of all court surface defects, cracks, etc. This scope of work includes resurfacing, repair, and painting where required, of the tennis courts only and does not include any issues concerning the tennis netting, poles or court perimeter fencing. A description of proposed materials to be used shall be submitted with a Material Safety Data Sheet (MSDS), all materials shall be a high quality commercial grade or better. All surfaces shall be properly prepared prior to resurfacing in accordance with the manufacturer's recommendations to ensure bonding of the finish materials. The contractor shall be responsible to procure, including payment thereof, any and all permits that may be required to accomplish and satisfactorily complete this work. The contractor shall also provide and place as required all signage associated with establishing a jobsite safety perimeter. The contractor will also provide a contact representative to be available during this project. All work shall be performed in a professional and timely manner. The project described herein is to be coordinated with John W. King, Senior Director, Lower Keys Operations. The Contractor shall be responsible to obtain any necessary permits, including payment thereof, during the term of this contract. The CONTRACTOR shall provide to COUNTY prior to commencement a time schedule for completion of the resurfacing. 3. CONTRACT AMOUNT The County shall pay TWENTY-ONE THOUSAND SIX HUNDRED AND NO/100-- DOLLARS ($21,600.00) for the resurfacing of the Higgs Beach, Key West tennis courts and EIGHT THOUSAND EIGHT HUNDRED AND NO/100—DOLLARS ($8,800.00) for the resurfacing of the Big Pine Watson Field tennis courts to the Contractor for the faithful performance of the Contract, in lawful money of the United States at completion of the services contained herein. 4. PAYMENT TO CONTRACTOR A. Due to the anticipated short time frame, only one final payment will be made to the CONTRACTOR. Upon completion of the resurfacing process, the CONTRACTOR shall notify the COUNTY in writing so that a final inspection can be made. One lump sum payment at project completion is contingent upon work being completed in full accordance with the terms of this contract. When the final work is accepted by the Owner, the Contractor shall invoice the County for full and final payment. B. Acceptance of payment by the Contractor shall constitute a waiver of all claims against the County by the Contractor. C. COUNTY'S performance and obligation to pay under this agreement, is contingent upon annual appropriation by the Board of County Commissioners. D. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment Act; payment will be made after delivery and inspection by COUNTY and upon submission of invoice by CONTRACTOR. E. CONTRACTOR shall submit to COUNTY invoices with supporting documentation acceptable to the Clerk, at completion. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules and regulations as may govern the Clerk's disbursal of funds. 5. TERM OF AGREEMENT This Agreement shall commence upon approval by the Monroe County Board of County Commissioners and ends upon completion or no later than September 30, 2010, unless terminated earlier under paragraph 19 of this Agreement. 2 6. CONTRACTOR'S ACCEPTANCE OF CONDITIONS a) The Contractor hereby agrees that he has carefully examined the sites and has made investigations to fully satisfy himself/herself that such sites are correct and suitable ones for this work and he/she assumes full responsibility therefore. The provisions of the Contract shall control any inconsistent provisions contained in the Specifications. All Specifications have been read and carefully considered by the Contractor, who understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the County than against the Contractor (and his Surety, if applicable). b) Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Airport Manager, and his decision shall be final and binding upon all parties. c) The passing, approval, and/or acceptance of any part of the work or material by the County shall not operate as a waiver by the County of strict compliance with the terms of this Contract, and Specifications covering said work. Failure on the part of the Contractor, immediately after Notice to correct workmanship 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 reasons 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. 7. FINANCIAL RECORDS OF CONTRACTOR CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. 8. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. 9. HOLD HARMLESS AND INSURANCE Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees during the term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any of its employees, agents, sub -contractors or other invitees, or (C) CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this AGREEMENT, this section will survive the expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the requirements of this section shall be cause for immediate termination of this agreement. Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of Insurance indicating the minimum coverage limitations in the following amounts: WORKER'S COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE: Where applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as required by Florida Law, and Employer's Liability coverage in the amount of $100,000.00 bodily injury by accident, $500,000.00 bodily injury by disease, policy limits, and $100,000.00 bodily injury by disease, each employee. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability insurance, including applicable no-fault coverage, with limits of liability of not less than $300,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits are provided, the minimum acceptable limits are $50.000.00 per person, $100,000.00 per occurrence, and $25.000.00 property damage. Coverage shall include all owned vehicles, all non -owned vehicles, and all hired vehicles. COMMERCIAL GENERAL LIABILITY: Commercial general liability, including Premises Operations, Products and Completed Operations, Blanket Contractual Liability, and Expanded Definition of Property Damage, with limits of liability of not less than $300,000.00 per occurrence, $100, 000.00 per person, $50, 000.00 property damage, combined single limit $300, 000.00.. CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written notice shall be provided to the COUNTY before any policy or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do business in the State of Florida. If requested by the County Administrator, the insurance coverage shall be primary insurance with respect to the COUNTY, its officials, employees, agents and volunteers. MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION. 4 10. NON -WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement entered into by the COUNTY be required to contain any provision for waiver. 11. INDEPENDENT CONTRACTOR At all times and for all purposes under this agreement CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners of Monroe County. No statement contained in this agreement shall be construed so as to find CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County Commissioners of Monroe COUNTY. 12. NONDISCRIMINATION CONTRACTOR agrees 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. CONTRACTOR agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this Agreement. 13. ASSIGNMENT/SUBCONTRACT CONTRACTOR shall not assign or subcontract its obligations under this agreement to others, except in writing and with the prior written approval of the Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with all of 5 the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the board. 14. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and State government. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with these specifications throughout the term of this Agreement. 15. DISCLOSURE AND CONFLICT OF INTEREST CONTRACTOR represents that it, its directors, principles and employees, presently have no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required by this contract, as provided in Sect. 112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 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. 16. NO PLEDGE OF CREDIT CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms of this contract. 17. 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: Il FOR COUNTY: Monroe County Facilities Maintenance Department 3583 South Roosevelt Boulevard Key West, FL. 33040 and Monroe County Attorney Post Office Box 1026 Key West, FL 33041-1026 FOR CONTRACTOR: �w� t ��✓c?7./ 18. TAXES COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. 19. TERMINATION A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of either party to perform the obligations enumerated under this Agreement. B. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so with neither party having any further obligation under the term s of the contract upon termination. C. If the CONTRACTOR is adjudged a bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, or if he persistently or repeatedly refuses or fails, except in case for which extension of time is provided, to supply enough properly skilled workmen or proper materials and fails to maintain an established schedule (failure to maintain schedule shall be defined as any scheduled activity that falls seven (7) days or more behind schedule) or if he fails to make prompt payment to subcontractors for materials or labor, or persistently disregards laws, rules, ordinances, regulations, or orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violations of a provision of the Agreement, then the COUNTY may, without prejudice to any right or remedy and after giving the CONTRACTOR and his surety, if any, seven (7) days written notice, during which period CONTRACTOR fails to commence correction of the violation, terminate the employment of the CONTRACTOR and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the CONTRACTOR, and may finish the Project by whatever method the COUNTY may deem expedient. In such case, the CONTRACTOR shall not be entitled to receive any further payment until the Project is finished nor shall he be relieved from his obligations assumed under Article 2. Reasonable terminal expenses incurred by the COUNTY may be deducted from any payments left owing the CONTRACTOR. 20. GOVERNING LAW, VENUE, INTERPRETATION COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to Agreements made and to be performed entirely in the State. In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21. MEDIATION The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation prior to the institution of any other administrative or legal proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. 22. 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. 23. ATTORNEY'S FEES AND COSTS COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all levels of the court system. 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 COUNTY and CONTRACTOR. 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 a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. 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. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. 27. 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. 28. CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 29. 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. 30. 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. 31. NON -RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. 32. 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. 33. 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. 34. 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. 35. 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. 36. PUBLIC ENTITY CRIME INFORMATION STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to a public entity, may not be awarded or perform work as a Construction Manager, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list." 37. MUTUAL REVIEW This agreement has been carefully reviewed by Contractor and the County therefore, this agreement is not to be construed against either party on the basis of authorship 38. INCORPORATION OF BID DOCUMENTS The terms and conditions of the bid documents are incorporated by reference in this contract agreement. 10 39. ANNUAL APPROPRIATION The County's performance and obligation to pay under this agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the event that the County funds on which this Agreement is dependent are withdrawn, this Agreement is terminated and the County has no further obligation under the terms of this Agreement to the Contractor beyond that already incurred by the termination date. IN WITNESS WHEREOF, COUNTY and CONTRACTOR 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: DANNY L. KOtL(H�A_GE, CLERK Byc�'� Deputy Clerk Date: ,.� (c� Witnesses for CONTRACTOR: Signature %- Z-7 - 10 Date Signature i Z'%- /ems Date BOARD OF COUNTY COMMISSIONERS OF MONROE COU , FLORIDA By: Mayor ylvia J. Murphy Date: C) — � 1;�,— l -3 McCOURT CONS T U I , INC. Signature of person authorized to legally bind Corporation Date: � 7- ?_'7-- / ,e C, X"C"b /c'ar-,,/ Print Name Address: INII-17 Telephone Number:��- �, co J,, o LCLDJ CV}' :_ MO E COUNTY ATTORN _ PR ED AST PP cr r- %c LL '— $ STANT COU f ATTORNEY C, L,,.t c _4 Date �r LL. N 11 • .., '+ tip; r: � ,r Sst I L I .-:S`--tip _ . - • ATSON FI L • '4 AAR Baba t n aro Slly or Buttonwood L n //�� .,.. ,. }4 - L ta,Googlc ' , •. ' �'/J -tImago V S,,,w Olo4.<al::u,v..Y +�. w M ...• Jan 31.2UL 24; 00 AA"N 81-21 Ai 1!4"W cI O It Lye alt 120:u .E. Mt....* •.' *r %. d i r.. .. I 'I Big Pine Key, FL r1 .: t L. • ` I ;t.: 0 s tr. , t ' 1 'TL {+� r yO r .y� ilk*, Pg. ' ' 'toy 17iiiTl�� • .` Ov• erse siHwy 5 -• ` . 1' :" I I ‘ n i i aa , .f , # , -, --:_ . 41 ii lr V••y: J•- TO �-s- t y •" Image USDA Farm Setvlce Agency �+ '•—•\ Image U S Geological Swvey. ! 2009,Google Imagery Date Jan 31.2006 24"41'51 11-N 81'20'51 83-W. 'e er 0 It PROJECT LOCATION o¢ r. 0�o January 11,2010 WATSON FIELD TENNIS COURTS RESURFACING Watson Field —2 COURTS Sheet 1 of 1 Located at PUBLIC WORKS Key Deer Boulevard and South Street John W.King Big Pine Key,Monroe County,Florida OUNTY of iONROE Sr.Director,Lower -_. Keys Operations • ;-t ( Ord. `• �Imo�,,; ` , ATSON Fl 1 ; � t' 1 '`, .L-.rlvor©uttonwood t n • ram- • t .. 1 •!' i4 .� . `� o,000QIC ! �. % npu lJ". ---oloy-al Sur -. . --' .o _ -009 Goovlc '•t t' r..4, ,l 49 Jan:J 1 2006 _•1'A '00 44 NI 81'21'4 9a"IN ,I...., 01t Eye oft 1207 It Stc, 11 `,p .Watso •Blvd �= Big Pine'Key, FL;--�-. -.+�+� , Jf O •;4.1r . yyst - . F . . ' ` O�e�sea Hwy ..t, r '-t . t�"► 1 i1 1`'• 1 i s + 'cImage USDA-Farm Service Agency 'Ill's\ .M, ....' °• Image U S Geological Survey 1> 2039 G . i oogler. _L.r ut';LJ., 1J 4' 11'N 8' _- 83'J: oe. CIr. PROJECT LOCATION 40.. �� January 11,2010 WATSON FIELD TENNIS COURTS RESURFACING Watson Field —2 COURTS Sheet 1 of 1 , Located at PUBLIC WORKS Key Deer Boulevard and South Street John W.King Big Pine Key,Monroe County,Florida OUNTY11110NROE Sr.Director,Lower antis! na•9480 Keys Operations �`� Ell CERTIFICATE OF LIABILITY INSURANCE DNYYY ATE D09/13/20 0 ' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Ellie Mills Insurance Agency, Inc. 20330 Old Cutler Rd A Cutler Bay, FL 33189 NONTACT Janice Rowton PHONE 305-238-8688 FAX (A/C, No): 305-238-8608 ADDRESS: janice.rowton.icgb@statefarm.com PRODUCER CUSTOMER ID #, INSURERS AFFORDING COVERAGE NAIC 0 INSURED McCourt Construction, Inc. 16155 SW 117 Ave, Suite B26 Miami, FL 33177 INSURER A: State Farm Mutual Automobile Insurance Company 25178 INSURER B: State Farm Fire and Casualty Company 25143 INSURER C : State Farm Florida Insurance Company 10739 INSURERD: INSURER E : INSURER F : rnVFRAGFS CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTRwVD TYPE OF INSURANCE ADDL SUBR POLICY NUMBER EFF MM1DD/YYYY MCY MLICY EXP IDDlYWY LIMITS C GENERAL LIABILITY x COMMERCIAL GENERAL LIABILITY F_;Zel CLAIMS -MADE OCCUR FYI ❑ 98-BB-G020-5 B 08/31/2010 08/31/2011 EACH OCCURRENCE $ 1,000.000 DAMAGE TO RENTED- PREMISES Ea ocwrrence $ MED EXP (Any one person) $ 5,000 PERSONAL 8 ADV INJURY $ 2,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY PRO LOC PRODUCTS - COMP/OP AGG $ 2,000,000 $ A AUTOMOBILE LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS HIRED AUTOS NON -OWNED AUTOS a ❑ 547-1493-B31-59 D99-1405-B31-59R 028-7009-B31-59Z 061-2880-B31-59U 098-5812-B31-59R 414-8310-1331-591 08/31/2010 08/31/2009 08/31/2010 08/31/2010 08/31/2010 08/31/2010 02/28/2011 02/28/2011 02/28/2011 02/28/2011 02/28/2011 02/28/2011 COMBINED SINGLE LIMIT (Ea accident) $ 1,000.000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ X PROPERTY DAMAGE (Per accident) $ $ $ UMBRELLA LIAB EXCESS LAB OCCUR CLAIMS -MADE ❑ ❑ EACH OCCURRENCE $ AGGREGATE $ DEDUCTIBLE RETENTION $ $ $ B WORKERS COMPENSATION AND AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? ❑N (Mandatory In NH) if yes, describe under NIA ❑ 98-BH-E293-3 08/31/2010 08/31/2011 T RY IMIT JOT - E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEEMPLOYEIE $ 1,000,000 E.L. DISEASE -POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (AttaC C D 101, did onal Remarks Schedule, If more space Is required) i Monroe County BOCC 1100 Simonton Street Key West, FL 33040 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Ellie Mills by Janice C Rowton, LSA5 ©1988- 2009 ACORD CORPORATION. All rights reserved. ACORD 25 (2009109) The ACORD name and logo are registered marks of ACORD 1001486 132849.4 02-11-2010