03/17/2004 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DA TE:
March 19, 2004
TO:
Peter Horton, Manager
Monroe County Airports
ATTN:
FROM:
Bevette Moore
Airport Business Administrator
Pamela G. Hanc#
Deputy Clerk '0
At the March 17, 2004, Board of County Commissioner's meeting the Board granted
approval and authorized execution of the following:
I Landscape Maintenance Agreement between Monroe County and Gardens of Eden (the
second lowest bidder) to provide landscape maintenance at the Key West International Airport.
Purchase/Service Order No. 03/04-07 between Monroe County and URS for construction
phase services for the General Aviation Hangar Development, Taxilanes and Apron, at the Key
West International Airport.
Purchase/Service Order No. 03/04-19 between Monroe County and URS for Security
Fencing at the Key West International Airport.
Purchase/Service Order No. 03/04-18 between Monroe County and URS to rehabilitate
the Customs Building at the Key West International Airport.
Purchase/Service Order No. 03/04-16 between Monroe County and URS for an Air
Service Study for the Marathon Airport.
Purchase/Service Order No. 03/04-17 between Monroe County and URS to sealcoat
ramps including marking, T/W A9 rehabilitation, and environmental mitigation, at the Key West
International Airport.
Enclosed is a duplicate original of the Landscape Maintenance Agreement and copies of
each of the Purchase/Service Orders for your handling. Should you have any questions please do
not hesitate to contact this office.
cc: County Administrator w/o documents
County Attorney
Finance
File!
1 LANDSCAPE MAINTENANCE AGREEMENT
2
~ Keys Landscaping Maintenance and Machines, Inc.
1 -ti
~ THIS AGREEMENT, made and entered into the /1 day of M fii::.Lfh004, by and
Z between MONROE COUNlY, Florida, (hereinafter called "Owner" or "County") and GARDENS OF
~ EDEN (hereinafter called "Contractor").
2
lQ The parties hereto, for the consideration hereinafter set forth, mutually agree as follows:
11
12 1. Scope of work. The work to be performed is landscaping services at Key West
.u International Airport (KWIA). The Contractor shall furnish all labor, materials, equipment,
11 machinery, tools, apparatus, and transportation and perform all of the work described in the
1.2 Specification entitled: Landscaping Services Specifications and Contractor's bid dated November 12,
lQ 2003, attached hereto as Exhibit A and incorporated as part of this contract document, or as
lZ directed by the Airport Director.
.ill
12 2. Contract sum. The Owner shall pay to the Contractor for the performance of the
20 Contract, as follows:
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22 A. The Owner shall pay the Contractor for the performance of said service on a weekly
23 arrears basis. The Contractor shall invoice the Owner weekly for the landscape maintenance
24 performed under the Contract Documents contained herein.
25
26 B. The total compensation to be paid the Contractor during the term of the Contract shall
27 not exceed $112,000.00 during the first year.
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29 C. Compensation to the Contractor shall be calculated, billed, and paid on the basis of
30 $25.00 per hour per person performing services.
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32 3. Contractor's acceptance of conditions.
33 A. The Contractor hereby agrees that the site has been carefully examined and
34 investigated to fully satisfy Contractor that the bid is correct and contains no errors, and that
35 Contractor assumes full responsibility therefor. The provisions of this Contact shall control any
36 inconsistent provisions contained in the specifications. All Specifications have been read and
37 carefully considered by the Contractor, and Contractor understands the same and agrees to their
38 sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this
39 Contract be more strongly construed against the Owner than against the Contractor.
40
11 B. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed
42 by the Owner, and Owner's decision shall be final and binding upon all parties.
43
44 C. The passing, approval, and/or acceptance of any part of the work or material by the
45 Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this
46 Contract, and Specifications covering said work. Failure on the part of the Contractor, immediately
47 after Notice to correct workmanship shall entitle the Owner, if it sees fit, to correct the same and
48 recover the reasonable cost of such correction from the Contractor. Contractor is who shall in any
49 event liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the
50 Contractor's breach of this Contract and/or Contractor's failure to comply strictly with this Contract
~ and with the Specifications.
52
53 4. Term of contract/renewal. This contract shall be for a period of one (1) year,
54 commencing on the date first above written, with two one year options exercisable at the discretion
55 of the County.
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5. Hold harmless. The Contractor shall defend, indemnify and hold harmless the
County from any and all c1aim(s) and demand(s) that may be made against the County from any
act or omission of the Contractor arising out of his duties and obligations under this Contract,
excluding any claims or demands predicated solely on act(s) or omission(s) of the County.
6. Independent Contractor. At all times and for all purposes under this agreement the
Contractor is an independent contractor and not an employee of the Monroe County Board of County
Commissioners (BOCC). 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
Monroe County Board of County Commissioners.
7. Assignment/Subcontract. The Contractor shall not assign or subcontract this
agreement, except in writing and with the prior written approval of the BOCC, for which approval
shall be subject to such conditions and provisions as the Board may deem necessary. This
agreement 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 of the Contractor.
8. Compliance With Law. In providing all services pursuant to this agreement, the
Contractor shall abide by all statues, ordinances, rules and regulations 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.
9. Insurance. Prior to execution of this agreement, the Contractor shall furnish the
Owner Certificates of Insurance indicating the minimum coverage limitations as indicated on the
attached Exhibit B which is attached hereto and incorporated as part of this contract document.
10. Funding availability. Notwithstanding anything contained elsewhere in this contract,
if funds for KWIA services are partially reduced by the BOCC or cannot be obtained or cannot be
continued at level sufficient to allow for the purchase of the services/goods specified herein, this
contract may then be terminated immediately at the option of the BOCC by written notice of
termination delivered in person or by mail to the Contractor. The BOCC shall not be obligated to pay
for any services provided by the Contractor after the Contractor has received written notice of
termination.
11. Professional Responsibility. The Contractor warrants that it is authorized by law to
engage in the performance of the activities encompassed by the project herein described. The
Contractor shall at all times exercise independent, professional judgment and shall assume
professional responsibility for the services to be provided. Continued funding by the Board is
contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of
Contractor.
12. Notice requirement. Any notice required or permitted under this contract shall be in
writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, return
receipt requested, to the following:
COUNTY
Peter Horton
KWIA Airport Director
3491 S. Roosevelt Blvd.
Key West, FL 33040
CONTRACTOR
Gardens of Eden
92 Bay Drive
Key West, FL 33040
2
1 13. Cancellation. The County may cancel this contract for cause with seven (7) days
.2 notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to
~ perform the services enumerated as the Contractor's obligations under this contract. Either of the
1 parties hereto may cancel this contract without cause by giving the other party sixty (60) days
~ written notice of its intention to do so.
Q
Z 14. Records. Contractor shall maintain all books, records, and documents directly
a pertinent to performance under this Agreement in accordance with generally accepted accounting
2. principles consistently applied. Each party to this Agreement or their authorized representatives
ill shall have reasonable and timely access to such records of each other party to this Agreement for
11. public records purposes during the term of the Agreement and for four years following the
.l2 termination of this Agreement.
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11 15. Governing Law, Venue, Interpretation, Costs, and Fees:
~ A. This Agreement shall be governed by and construed in accordance with the laws of the
lQ State of Florida applicable to contracts made and to be performed entirely in the State.
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la B. In the event that any cause of action or administrative proceeding is instituted for the
12 enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie
20 in the appropriate court or before the appropriate administrative body in Monroe County, Florida.
21
22 C. The County and Contractor agree that, in the event of conflicting interpretations of the
23 terms or a term of this Agreement by or between any of them the issue shall be submitted to
24 mediation prior to the institution of any other administrative or legal proceeding.
25
26 16. Severability. If any term, covenant, condition or provision of this Agreement (or the
27 application thereof to any circumstance or person) shall be declared invalid or unenforceable to any
28 extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and
29 provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant,
30 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
32 provisions of this Agreement would prevent the accomplishment of the original intent of this
33 Agreement. The County and Contractor agree to reform the Agreement to replace any stricken
34 provision with a valid provision that comes as close as possible to the intent of the stricken
35 provision.
36
37 17. Attorney's Fees and Costs. The County and Contractor agree that in the event any
38 cause of action or administrative proceeding is initiated or defended by either party relative to the
39 enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable
40 attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non-
11 prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket
42 expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
43 Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary
44 procedures required by the circuit court of Monroe County.
45
46 18. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
47 shall bind and inure to the benefit of the County and Contractor and their respective legal
48 representatives, successors, and assigns.
49
50 19. Authority. Each party represents and warrants to the other that the execution,
.2l delivery and performance of this Agreement have been duly authorized by all necessary County and
52 corporate action, as required by law.
53
54 20. Adjudication of Disputes or Disagreements. County and Contractor agree that all
55 disputes and disagreements shall be attempted to be resolved by meet and confer sessions between
56 representatives of each of the parties. If no resolution can be agreed upon within 30 days after the
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1 first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board
.2 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.
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Q 21. Nondiscrimination.
Z A. 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
1.Q the part of any party, effective the date of the court order. County or Contractor agree to comply
11 with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
II nondiscrimination.
J]
1.1 B. These include but are not limited to:
1.2 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the
.l.Q basis of race, color or national origin. 2) Title IX of the Education Amendment of 1972, as amended
lZ (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex. 3)
.ill Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
12 discrimination on the basis of handicaps. 4) The Age Discrimination Act of 1975, as amended (42
20 USC ss. 6101-6107) which prohibits discrimination on the basis of age. 5) The Drug Abuse Office
.2.l and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
22 drug abuse. 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
23 Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of
24 alcohol abuse or alcoholism. 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss.
25 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
26 records. 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
27 nondiscrimination in the sale, rental or financing of housing. 9) The Americans with Disabilities Act
28 of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination
29 on the basis of disability. 10) Any other nondiscrimination provisions in any Federal or state statutes
30 which may apply to the parties to, or the subject matter of, this Agreement.
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32 22. Cooperation. In the event any administrative or legal proceeding is instituted
33 against either party relating to the formation, execution, performance, or breach of this Agreement,
34 County and Contractor agree to participate, to the extent required by the other party, in all
35 proceedings, hearings, processes, meetings, and other activities related to the substance of this
36 Agreement or provision of the services under this Agreement. County and Contractor specifically
37 agree that no party to this Agreement shall be required to enter into any arbitration proceedings
38 related to this Agreement.
39
40 23. Covenant of No Interest. County and Contractor covenant that neither presently
11 has any interest, and shall not acquire any interest, which would conflict in any manner or degree
42 with its performance under this Agreement, and that only interest of each is to perform and receive
43 benefits as recited in this Agreement.
44
45 24. Code of Ethics. County agrees that officers and employees of the County recognize
46 and will be required to comply with the standards of conduct for public officers and employees as
47 delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or
48 acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public
49 position, conflicting employment or contractual relationship; and disclosure or use of certain
50 information.
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52 25. No Solicitation/Payment. The County and Contractor warrant that, in respect to
53 itself, it has neither employed nor retained any company or person, other than a bona fide employee
54 working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any
55 person, company, corporation, individual, or firm, other than a bona fide employee working solely
56 for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting
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1 from the award or making of this Agreement. For the breach or violation of the provIsion, the
.2 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,
1 commission, percentage, gift, or consideration.
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Q. 26. Public Access. The County and Contractor shall allow and permit reasonable access
Z 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
2. County and Contractor in conjunction with this Agreement; and the County shall have the right to
lQ unilaterally cancel this Agreement upon violation of this provision by Contractor.
11
.l.2 27. Non-Waiver of Immunity. The provisions of Sec. 286.28, Florida Statutes, the
~ participation of the County and the Contractor in this Agreement and the acquisition of any
H commercial liability insurance coverage, self-insurance coverage, or local government liability
12 insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability
l...Q coverage, nor shall any contract entered into by the County be required to contain any provision for
11 waiver.
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12 28. Privileges and Immunities. All of the privileges and immunities from liability,
20 exemptions from laws, ordinances, and rules and pensions and relief, disability, workers'
.2l compensation, and other benefits which apply to the activity of officers, agents, or employees of any
22 publiC agents or employees of the County, when performing their respective functions under this
23 Agreement within the territorial limits of the County shall apply to the same degree and extent to
24 the performance of such functions and duties of such officers, agents, volunteers, or employees
25 outside the territorial limits of the County.
26
27 29. Legal Obligations and Responsibilities. Non-Delegation of Constitutional or
28 Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any
29 participating entity from any obligation or responsibility imposed upon the entity by law except to
30 the extent of actual and timely performance thereof by any participating entity, in which case the
Jl performance may be offered in satisfaction of the obligation or responsibility. Further, this
32 Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
33 constitutional or statutory duties of the County, except to the extent permitted by the Florida
34 constitution, state statute, and case law.
35
36 30. Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
37 terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or
38 entitlement to or benefit of any service or program contemplated hereunder, and the County and the
39 Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of
40 either shall have the authority to inform, counsel, or otherwise indicate that any particular individual
1.l or group of individuals, entity or entities, have entitlements or benefits under this Agreement
42 separate and apart, inferior to, or superior to the community in general or for the purposes
43 contemplated in this Agreement.
44
45 31. Attestations. Contractor agrees to execute such documents as the County may
46 reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
47 Free Workplace Statement.
48
49 32. No Personal Liability. No covenant or agreement contained herein shall be deemed
50 to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his
.2l or her individual capacity, and no member, officer, agent or employee of Monroe County shall be
52 liable personally on this Agreement or be subject to any personal liability or accountability by reason
53 of the execution of this Agreement.
54
55 33. Execution in Counterparts. This Agreement may be executed in any number of
56 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 singing any such counterpart.
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a IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year
2. first,~-JlYritten.
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28 jairKWIAlandscape
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34. 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.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~/c~a:=--
...........................H...................
_SHEIlA JENKINS
CclrIlIriUIan. DD02Cll5131
. . ... 412112007
......1lraugtI
........ MIn.. Inc.
GARDENS OF EDEN
By ~~ ~L
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MONROE COUNTY ATTORNEY
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EXHIBIT 'A'
Gardens of Eden
92 Bay Drive
Key West, FL 33040
,"
(305) 745-3677 ph/fax * (305) 304-7855 cell
RE: Bid/Key West International Airpon
3491 S. Roosevelt Blvd.
Key West, FL 33040
November 12, 2003
To Whom It May Concern:
Let me first take this opportunity to thank you for the privilege of bidding for your
project for the property maintenance at Key West International Airport. Gardens of
Eden would be more than happy to accommodate any and all of your needs per your
contract as follows for:
, The Terminal Area
, The ARFF Building
, The Parking Lots
, The Access Roads
, The RunwaY/TaxiwaY/Aircra~t Ramp Areas
The following as des-cribed would apply to the above-mentioned areas with man-hours
appointed and executed according to season conditions and maintenance need.
Approximately 40 man-hours per week, 5 days per week, would be an average for the
dry season, with a higher, varying amount of man-hours required to maintain property
to specifications in the rainy season. Total contract amount will be billed by Gardens
of Eden in weekly man-hours and paid weekly by EYW as billed.
Terminal Area. ARFF Building. Parkina Lot Areas
, Pick up trash & debris throughout all parking lot areas on a daily basis.
, Empty refuse containers as required.
, Mow and trim all grass areas as needed.
, Water potted plants as required.
, Fertilize plants, pots, shrubs, and grass as needed.
. , Trim palm trees to assure that fronds do not interfere with traffic.
, Trim & shape shrubbery as needed.
, After mowing & trimming, remove all debris & blow area clean.
Gardens of Eden
92 Bay Drive
Key West, FL 33040
/
-....--
(305) 745-3677 ph/fax * (305) 304-7855 cell
Access Roads
, Pick up trash & debris along the roadside daily.
, Trim palm trees to insure that fronds do not interfere with traffic.
, Trim & shape shrubbery.
, Mow and trim all grass areas as needed.
, After mowing & trimming, remove all debris & blow area clean.
, Trim trees for safety prior to the start of hurricane season.
Runwav & Taxiwav Areas
, As needed: Mow & trim grass areas between aircraft parking ramps and taxiway
to assure that all taxiway lights are clear of grass and are visible.
, As needed: Mow & trim grass areas between the taxiway and the runway to
assure that all lights are clear of grass & are visible.
Government Road/Bunker Area & Fence Perimeter
, Mow & trim Bunker area, fence perimeter, and on Airport property along
Government Road as needed.
SupDlies & EauiDment
, Gardens of Eden will provide their own supplies, equipment & materials.
Insurance Requirements
, .$100.000 Workman's Compensation
, $300.000 General Liability
, $100.000 Vehicle Liability
2
Gardens of Eden
92 Bay Drive
Key West, FL 33040
I
(305) 745-3677 ph/fax * (305) 304-7855 cell
Emolovees & Subcontractors
, All employees of Gardens of Eden will have & pass an airport background
investigation, including a FBI fingerprint examination. There will be no employee
of Gardens of Eden working on EYW property who is not of legal immigration
status with the proper documentation to prove this.
Contract Term
, This contract between Gardens of Eden & Key West International Airport will be
for one year, with (3) three one year options to renew upon mutual agreement.
Please let me take this opportunity to say that it has truly been our pleasure working
at& with everyone here at EYW. We have truly appreciated the opportunity to serve
you through the years. We look forward to continuing to serve you with our high
standards of property maintenance for many more years to come.
If you should have any problems or questions at all, please feel free to call me at any
of the above captioned numbers and I will be happy to assist you in any way that I can.
Sincerely,
(' i
,A .' - /' v 7~ ,
1'- .~ 'J...c',~, . -. '7":'v ~
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Desiree Bona
Gardens of Eden
3
Gardens of Eden
92 Bay Drive
Key West; FL 33040
~r-' .
(305) 745-3677 ph/fax * (305) 304-7855 cell
Total Proposed Cost For Annual Maintenance Contract at EYW:
4,480 hrs. @ 25.00 per hr. ................................................$112,000.00
Proposal accepted as is.
\Ve would like to amend proposal.
Signature:
Date:
All materials mcntioncd in the abo\'C prOI)Osal are to he included in contract.
An)- cxtra costs are expressly noted and agreed ul)on h~' signature of this contract h~- Key West lntem.ttional Aiqlol1.
Please send any amendment to this prOI)Osal on sel)arate sheet to be allpro\"ed h)' Gardens of Eden.
Please si~. copy ror ~our records. & return original signed Ilroposal to Gardens of Eden.
4
NON-COLLUSION AFFIDAVIT
I.
/
of the ci1y
of
according to law on my oath, and under
penatty of perjury, depose and say that:
1) Iarn :De:;if'~~ 6~~
the Proposal for' the project described as follows:
kBt/ ~ ~I-/ I /J-('rfJor&-
.
. the bidder making .
. .
2) The prices in this bid have been arrived at independ~1y 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 which have been q~ted in this bid have
not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior
to bid opening, directly~ or indi~ly, to any other bidder or to any competitor; anc:I
4) No attempt has been made or will be made by the bidder to induCe any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of r~icting
competftion; , .
9) The statements contained in this affidavit are true and correct, and made with full
knowledge ~ Monroe.Courrty relies upon the truth off the statements ~ained in this affidavit
in ~ing cOhl.-uets ~or said project. ?r~IJ. . . ". ~ :'
-sTATEOF Flondo.J -1t ,QIIA:iA~l1 ;;;t~~
(Signature of Bidder)
:: till ~ /03
DATE
COUNTY OF
tj Dn roe.
PERSONALLY APPEARED BEFORE ME, the ~dersigned authorHy,
be S I ~ee. ~ono... who, after first being swom by me, (name of
individual signing) affixed his/her signature in the space provided above ~ this
I ~ #1__ day oL.bf D~~mbe. yo : 20~
~ [),... II My commission expires:
jf -NOTARY PUBLIC .- r
~~~ ^' MY=~
W EXPIRES: 0cI0ber22, 2006
~ ~:.: lIaRIiIcillwuH*yPulliclbllnaln
DRUS-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
{.:; f!~ D 5 0 F- EIT)~N
. . (Name of Business)
1 Publish a statement notifying employees that the Unlawful manufacture, distribution,
dispensing, possession, or use of a ~.tt,,'1ed substance ~ prohibited in the workp~e and
specifying the actions that .11 be taken against.empIoyees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the ~Iace, the businesSs policy of
maintaining a drug-free workplace, any CMliJabIe drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upan employees for drug abuse
~Iati~. .
3. Siva each employee engaged in providing the commodities or contracfual 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 corrtractuaI services 'that are under bid, the employee will abide by
the terms of 'the S't'cItef!'ent and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of t21apter 893 (Florida Statutes) or of any contnllled
substance 'aw of the United States or any state, for a. violation occurring in the workplace no
later than five ~'days after such conviction.
5. Impose a sanction on, ~ require the satisfactory ~cipation in a drug abuse assistance or
rehabilitation progran. if such is available in the employee's COIIUIUIHy, or any employee who is so
convicted. -
6. Make a gaod faith effort fD CllIIt/lg fD maintain a drug-free workplace through
implementation of this section.
As the persCin lIIIthori:md fD!ign the statement, I certify that this firm complies fully with the
abo~~i~ L, ~ ;:((JR~ '
00UL Bidder's Si~
u: ~ 7 ~ - Iff'''' 0.3
Date ., .
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
~ONROE COUNTY. ~A
ETHICs CLAUSE
~ ~C- ~ ~ warrants that he/It has not employed,
retained or otherwise had act on his/its behalf any former Courrty 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 Courrty may, in
its discretion, terminate this contract without liability and ~ also, in Its discretion, deduct
from the contract or purchase price, or otherwise recover, ~ full amount of any fee, omission,
percentage, gift, or consideration paid to the former Coumy offi~ or employee.
oJ
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STATE OF
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Mt>r)roe
COUNTY OF
PERSONALLY APPEARED BEFORE ME, the LD1dersigned authority,
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signature <- at indmduat signing) in 1he spa= provided above an 1his I ~+h day at
N cry €2.rv\ beY"
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who, after first being swom by me, affixed
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NOTARY PUBUC
My commission expires:
~A. ~It)
DEBORAH S. PY1BJ.
>>i JIY COMMISSION' DO 160023
. : EXPIRES: Oc:rober 22, 2006
1landIlI1IlN Nlary PulIio: UndInooIIB
: PUBLIC ErtT.TY CRIME STATEMeNT
ftA person or affili!tte who has been placed on the convicted veudor fist following a conviction for public
c:atity crime may not submit a bid on a ~.-:t to provide any goods or ~ to a public entity, may
DOt suhnV a bid on a CObtnIctwith a public cmityforthe OOuSh~On or l~ of a public building or
public wort. may DOt submit bids on leases ofreal plo~lyto public entity, may not be awarded or
pedmm wodc as a CODtractor, supplier, subcomracmr, or ccmsnJn.m under a C011tnIct with anypublic
e:atity, aud may not tnmact bMin.. with any public emityin ~ ofthc tIk~Jd 8III011Dt provided
in Section 287.017, for CATEGORY TWO far a period of36 m~s ftam the date ofbeiugplaced on .
the convicted vendor list. ft
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EXHIBIT 'B'
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
e Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfy the above requirements.
GLl
Administration Instruction
#4709.5
53
1996 Edition
VEHICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor,
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be
maintained throughout the life of the contract and include, as a minimwn, liability coverage for:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
Ifsplit limits are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies issued to satisfY the above requirements.
VLl
Administration Instruction
#4709.5
80
1996 Edition
WORKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440.
In additio~ the Contractor shall obtain Employers' Liability Insurance with limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the Contractor has been approved by the Florida's Department of Labor, as an authorized self-
insurer, the County shall recognize and honor the Contractor's status. The Contractor may be
required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
ofInsurance, providing details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fun~ a Certificate ofInsurance will be required.
In additio~ the Contractor may be required to submit updated financial statements from the fund
upon request from the County.
wel
Administration Instruction
#4709.5
87