Item C22NI L1 Ly I b
11 a 10110 F.11 11 �&
Meeting Date: July 15, 2015 Division: Public Works
Bulk Item: Yes x No Department: Facility aintenance/Corrections
Staff Contact Person/Phone #: Bob Stone
797-1458
AGENDA ITEM WORDING: Approval for Monroe County Board of County Commissioners to
award bid and enter into contract with Cook's Direct, Inc. for the project "Kitchen Equipment -Stock
Island Jail"
ITEM BACKGROUND: Two bid submissions were received on May 13, 2015 with Cook's Direct,
Inc. found to be the most conforming, responsible bidder.
PREVIOUS RELEVANT BOCC ACTION: On September 11, 2014, MCBOCC approved the final
budget of is included this project.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $141,217.04 BUDGETED: Yes X No
11110111 H It"I 01 10
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH
AMOUNT PER YEAR
APPROVED BY: County Atty OM B/ P Urchasi ng disk Managcme4 11
DOCUMENTATION: Included x
III
Revised 7/09
AGENDA ITEM N
or
4-
D
<
CL
rA) 4-
0
It
>
0
C)
C;
0
re
>
M
Ln
(%1
-0
co
-q
4-
z
z
4-
>-
uj
-0
>
ui
M Lu
e%
u
LU
u
LU
ui
LL ujLn
—
4-or
U.
z
u
u
0 ul 0
0
'In
>
0
Z
z
Ln
c�
Lr)
ce
z z 0
uj
0
P-4
LU
ui
0
-D
co=
Lf)
(1)
Q)
4-
z
<
<
<
u
u
0
z
UJ
W
z
47-
uj
ui
�p
L.
z
in
CLC
o
UA
Li
4-
U 0
CC
z
0 >
Z
-0
%n
z
0
u
LLJ
Q)
Q)
-0
uj
70
0-
z
0
z
%n
4- :)
j Lo
I
rL
<
un
U)
ui
01
OC
LU
F-
0
u
CL
V
0
Q
4- >
w :3
CL
ui
CL ro
o
of
F
LL-
>1 14-
10 QJ
-0 o
CL
_0 w
49
& ::E
1-4 (n
co
P9I IL , 4
4•"�WJRA�
SUBMISSION RESPONSE FORM
KITCHEN EQUIPMENT
STOCK ISLAND JAIL
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 1-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1-Mr-Tirs ure PM I is Ra I I I I[:] iff#iel a I I r IDA as L919if I I I [Zia I k:1
and having carefully examined the site where the work is to be performed, having familiarized
himself/herself with material availability, Federal, State and local laws, ordinances, rules and
regulations affecting performance of the Work, does hereby propose to furnish all labor,
mechanics, superintendents, tools, material, equipment, transportation services, and all
incidentals necessary to perform and complete said Work and work incidental hereto, in a
workman -like manner, in conformance with said speccations and other contract documents
including Addenda issued thereto.
Tie uxfersiliei fLjXXer ce-kifies tX2t Xe/tXe X2S ;tereiiectei tNe actyal [1,cat[wi *fAvhm
the Work is to be performed, together with the local sources of supply and that he/she
understands the conditions under which the Work is to be performed. The successful bidder shall
assume the risk of any and all costs and delays arising from the existence of any subsurface or
other latent physical condition, which could be reasonably anticipated by reference to
documentary information provided and made available, and from inspection, and examination of
the site.
In the event of a conflict between the base bid in words and the base bid in numbers, the bid in
words will control.
Vw ri v - o �11 a rs. �Cul�'4 It I �Cb) (0
'0� (TMotal 13�aseBid �—wor �s)
$ I Ll I 1 2 1-7, 04
(Total base Bid)
Kitchen Equipment- Stock Island jail Page 16
wejc4a - 0- . ff
I have included:
* The Submission Response Form
* Lobbying and Conflict of Interest Clause Form
* Non -Collusion Affidavit
* Drug Free Workplace Form
* Bidder's Insurance and Indemnification Statement
Insurance Agent's Statement
• Bid Security (5% of Bid Price)
o Local Preference Form
In addition, I have included a current copy of the following professional and occupational licens-w
or explained how it will be obtained: I
(Check mark Items above, as a reminder that they are included -I
Mailing Address: Qwcs 10�rpcN- Telephone: U49bu-,55-11
Signed.-
Vlehx Fax: ( g0b) 9 No - (o &.20
;-ZL D. 5/Lp 115
is
(Wame)
HE
Witness: �fu..O &A
U
(Seal)
Kitchen Equipment- Stock Island jail Page 17
�31 ML,,
MONROE COUNTY, FLORIDA
(Company Officer/Partner/individual)
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. 010-1990 or any County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the
County may, in its discretion, terminate this Agreement without liability and may also, in its discretion,
deduct from the Agreement or purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee".
(Signature)
Date:
STATE OF: T I I I r\j�
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on o (tE--)
(date) by 1� rc (name of affiant). He/She is personally
known to me or has produced &[SwL�u PIMA C01n0m,1 C60 as
Kitchen Equipment- Stock Island jail
NOTARY PUBLIC My commission expires: 2-01
OFFICIAL 80L
TEM TECLAW
h"y N* - IWA 01 mime
My C"W"am fok" ow 20. 2018
Page 18
1a'A1'-,, , of the city of „Aoer,/Jk
according to law bn'niy oath, and under penalty of perjury, �depose and say that:
I am
of the firm of Pro C
making the Bid for the services/work/project described in the Request for
Bids for- A � d
and that I executed the said Bid with full authority to do so:
2. The prices in this bid/Bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such prices with any other bidder or with any competitor.
3. Unless otherwise required by law, the prices and percentage of return which have
been quoted in this bid/Bid have not been knowingly disclosed by the responder and
will not knowingly be disclosed by the responder prior to bid/Bid opening, directly or
indirectly, to any other bidder/responder or to any competitor.
No attempt has been made or will be made by the bidder/responder to induce any
other person, partnership or corporation to submit, or not to submit, a bidd for the
purpose of restricting competition.
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 state • "d
t. ;T'
(Signatu 7fl bidder) (Date)
STATE OF: nms
COUNTY OF:
space provided above on this _jj_ day of 20
A
NOTARY PUBLIC
My Commission Expires: Ave 20,
OFFICIAL SEAL
7011 TECLAW
fie - $we d M"I
My CWftffft Wfft Apt 20.2010
Kitchen Equipment- Stock Island Jail Page 19
W10TWIll
irN'A`W-sjkLa Statute 287.087 hereb)
certifies that:
(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 ane
specifying the actions that will be taken against employees for violations of such prohibition.
E. 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
Pssistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance
law of the United States or any state, for a violation occurring in the workplace no later than five
(5) days after such conviction.
5. Imposes a sanction on, or requires the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community, or any employee who is
so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through implementation
of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirements.
Bidder's
Sign#rer
Date
NOT RY PUBLIC
My Commission Expires: 4n-r -2-0 _&Ra ffi--
OFFICIAL SEAL
TERI TECLAW
"ON" pubk - shft Of IMnW
MY C"05110a EXPIM Apr 2Q. 21
Kitchen Equipment- Stock Island fail
Page 20
Insurance Requirement
Worker's Compensation
Employer's Liability
General Liability
IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
Contractor defend, 1 # ` i hold the `
elected and appointed officers and employees
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,1 (iii) any costs or expenses1.e
of, # # + any activity of # i or of • #
sub -contractors or other invitees during the term of #negligence
willful misconduct ♦ # or of • # `sub -contractors
invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes
under the terms of this Contract, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or
omissions of the COUNTY or any of its employees, agents, contractors or invitees (other
than CONTRACTOR). Insofar# of ", i,
Contract,of this # ? will survive the expirationof
earlier term-ination of
purchase or "qf insurance, the Contractorindemnify
Irom, any and all increased expenses resulting from such delay.
nt of IkMhlai 1- no w�wLdmilte_d to,. reduced..
or lessened by the insurance requirements contained elsewhere within this agreement. This
indemnification shall survive the expirationor of of #
BIDDER'S STATEMENT
Kitchen Equipment- Stock Island jail Page 21
I undwstarod the aanm that will be mauq I swankc! Cho comfter and wilr complV in full ivifft all the
(7 J
Bidder sib 6911
INSURANCE Al MM'-S STATEM ENT
I IME fev*ived the 2bOVQ MquilreMeMS WMi the responcler named Wow- The foillowing
dOdljWb1ft 8pply to the Corraspanding policy.
Liability poliC105 are —v/-OMufrQfICe
191::19111164 Ill. -I U-9
NIL
----jCbirris Made
insurance Agwvy I
Print Name: W e"AI:A
ffitchm uypmcnt® Stuck)AandjaLl PaRs 22
Request For Waiver
Of
It is requested that the insurance requirements, as specified in the County's Schedule of
Insurance Requirements, be waived or modified on the following contract:
Bidder: P ijq
Contract for:
ejAAJ-.s
Phone: I ,j
&Tj I I rm I Q $IVA (4
V. =.
MMZE��
Date:
County Administrator appeal:
Approved
Approved
xMMz-=
ZMENT.,=
7Mff--T-=.
ATU
Kitchen Equipment- Stock Island Jail - Page 23
CHASE!i
Terms and Conditions (Remilfter and Payee):
The laws of a specific state will consider these funds to be "abandoned"
if the Cashiers Check is not -• by
cash/deposit- Please - .r possible to
prevent this fromoccurring
before the "Void After" Date
R ' - • � R � � !I . _ _ _. • • ': - .. ' ` 1.
Please visit a Chase branch to report a lost, stolen, or destroyed Cashier's Check
or • other informationabout
FOR YOUR 1 S"E THIS COPY Customer Copy
CASHIER'S CHECK 9476213614
05/11/2015
Vold after 7 years
.ay To The MONROE COUNTY
Trder Of.
Drawer. JPMORGAN CHASE RANK, N.A.
momw NON NEGOTIABLE
Note: For information only. Comment has no effect on bank's payment.
2WI11107 NEW 01M d0100043"
CASHIER'S CHECKjl� 9476213614 2s-a
CHASE r r
Date 05/11/2015 Void after 7 years 440
"i
Remitter. COOK'S DIRECT, IC
Pay To The ffIG"•
Order Of.
• i • r• r 1�
Do not write outside this box
Now For information only, Comment has no effect on bank's payment.
D--or.. JPMORGAN CHASE BANK, N.A.
Senior Vice President
JPMorpan Chase Bank, N.A.
Columbus, OH
0gL7r-aLlC.LLill ilo-nLLnnnnl4o' 7gRr-C.LIE;gn+
MEMORANDUM
DATE: JUNE 2, 20 15
TO: KEVIN WILO, ENGINEERING & PUBLIC WORKS
DIVISION DIRECTOR
FROM: BOB STONE, MIDDLE KEY OPERATIONS DIRECTOR
RE: KITCHEN EQUIPMENT -STOCK ISLAND JAIL
Two bids were received on May 13, 2015 for the "Kitchen Equipment -
Stock Island Jail" project. Their base bid amounts are as follows:
mme lrndm#�
mlzsm���
After review of the submitted bid responses, Sam Tell &, Son provided
response forms of Tab 4 but did not respond at all to Tabs 1, 2 or 3.
Cooks Direct response is in conformance with all Tabs with the exception
of Tab 1: No. 7 ' 8 & 9, where they noted "Will be provided upon award".
- No. 7 is financial statements, No. 8 is print out from SunBiz and No. 9
is their annual report. Cook's Direct is an Illinois corporation with
National exposure.
Of the bids received, I found Cook's Direct, Inc. to be the most
conforming, responsible bidder and it would be in the best interest of the
County to award the bid to Cook's Direct, Inc. Therefore, I recommend
that Cook's Direct, Inc. be awarded the referenced contract. At this time,
the remaining balance of the established budget for kitchen equipment is
$201,125.
If there are any questions or more information is desired, please do not
hesitate to contact this office.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS RECEIVED
11 1KI CW n nnir-
CONTRACT SUMMARY
MONROE COUNTY ATI
Contract with: Cook's Direct, Inc.
Contract # PWD
25-0-2015
Effective Date:
July 15, 2015
Expiration Date:
Final Payment
Contract Purpose/Description:
Kitchen Equipment — Stock Island Jail
Contract Manager: Bob Stone
6077/3995
Facilities - 9 or 16
(Name)
(Ext.)
(Department/Stop 4)
for BOCC meeting on July 15, 2015
Agenda Deadline: June 30,2015
Total Dollar Value of Contract: $ 141.217.04 Current Year Portion: $ 141,217.04
Budgeted? Yes E No ❑ Account Codes: 304-24000-560620-CGlqo—g'7
Grant:$ N/A
County Match: $ N/A
ADDITIONAL COSTS
Estimated Ongoing Costs: $1,000/yr For: Maintenance
(Not included in dollar value above) (eg. maintenance, utilities,
, site In Needed eviewer
Division Director Yes[:] No IV -
is Management , W—a )Yes E:] NOD
O.M.B./Purchasing Yes[—] No[�
le,51
County Attorney �P-1— Yes[:] NoV
to-Iffmim=
T1129wi
AGREEMENT
KITCHEN EOUIPMENT — STOCK ISLAND JAIL
CONTRACT
MONROE COUNTY
COOK'S DIRECT, INC.
THIS AGREEMENT made and entered into this 15 TH day of July 2015 by and
•- MONROE COUNTY, a political subdivision • the State of Florida hereinafter
called "County", whose address is 1100 Simonton Street, Key West, Florida 33040 and
Cook's Direct, Inc., an Illinois corporation, hereinafter called "Contractor • address
WHEREAS, the County is in need of specific kitchen equipment at its Monroe County
WHEREAS, the Contractor is licensed, qualified, properly equipped and is in the business
IN CONSIDERATION of the premises and of mutual covenants and promises hereinafter
contained, the parties hereto do hereby agree as follows:
1. THE CONTRACT
The contract between the County and the Contractor, of which this Agreement is a part,
consists of the contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of the Agreement, the Request for Bid, the Specifications,
all Change Orders and any addenda, the Contractor's Bid #• any other amendments
hereto executed by the parties, together with the required County documents furnished as
part of the Bid or required to be furnished by the Bid, and all required insurance
#• In the event • a discrepancy •` the i• precedence shall •
determined by the order of the documents as just I isted.
Paint- MCDC Page 1
3. SCOPE OF THE WORK — Kitchen Equipment — Stock Island Jail - Monroe County
Detention Center, 5501 College Road, Stock Island, Florida 33040.
A. The Contractor shall perform all of the work required, implied or reasonably inferable
from this agreement. The term "work" shall mean whatever is done by or required of the
contractor to perform and complete its duties under this agreement, including the following:
construction of the whole or a designated part of the project; furnishing of any required
surety bonds and insurance; and the provision or furnishing of labor, supervision,
engineering services, material, supplies, equipment, fixtures, appliances, facilities, tools,
transportation, storage, power, debris disposal, the payment of any applicable sales and use
taxes; procurement and payment of any required permits from local, state or Federal
authorities having jurisdiction, royalties and product license fees; fuel, heat, light, cooling,
and all other utties as required by this contract. The work is to not disrupt or jeopardize
Detention Center operations. Contractor is responsible for all required permitting and
coordination with the Local Authority Having Jurisdiction. Contractor is to abide by all
security rules and regulations of which includes tool control and employee background
checks. The work to be performed by the contractor is generally described as follows:
A. Provide all labor, material, equipment, and tools as required for:
1.1 Summary —
This performance specification provides the minimum requirements for the performance of'
the work. The work shall include, but not limited to all equipment, materials, labor,
documentation and services necessary for the following: Properly disconnect, disassemble,
and remove to the ground floor the existing Insinger tray washer and dryer from the kitchen
on the second floor of the Monroe County Detention Center. Provide and install new
kitchen equipment including all mechanical, venting, plumbing and electrical connections
necessary for a complete installation and as described below:
1.2 Equipment
I . Hobart 2015 Model No. FT1000 Energy Recovery Flight -Type dish
machine, 58 gallons of final rinse consumption per hour, with dual rinse,
hinged and insulated doors, sliding wash arms without caps, and
microprocessor controls with AutoClean, AutoDelime, Energy Recovery,
and Automatic Soil Removal system (ASR) (basis of design) or equal with
the following features:
➢ Load Platform 2.5' (Total load length is 2.5' load platform + 2' AR + 3'
prewash = 77')
Drain in unload
)0- Dual rinse
Standard non -split center joined (wash/power rinse/duel rinse)
Paint- MCDC Page 2
A 5'6" Unload Section Non split
);o Total length of load, center and unload section is: 22.31 feet
➢Without blower dryer
➢6" Higher than standard chamber height
A Include Energy Recovery System
);o- 18kw electric water heater booster — Shall provide in. 180 degree water
)o- Right to left operation
Electric Heat
➢Hinged doors, all sections
Without circuit breakers
Drain water tempering kit
➢ Hook mounted plastic strip curtains
);o Maximum Security Package — Standard and Medium Security Packages
plus Undergrid
➢ Electrical — 480V/6OHz/3Ph
Next Gen FT Vent Hood 16" Round
➢ Tivoli 11, 111 stainless conveyor with Welded Cross Rods Every 3 d
Row
Digital controls with machine diagnostics
)0 Low temperature alert
Start and stop switches at both ends
➢ Doors open indicator
A Drains open indicator
);o Door interlocks
);o- 3 V2H.P. prewash, 4 H.P. power wash and power rinse pump motors, all
TEFC
)0 Easy to remove stainless steel scrap pans and baskets
A 30" wide conveyor belt
)0, Variable speed conveyor
A Trays will be provided by Owner for submission to Factory
A. ASME CODES
B. NFPA 70 National Electric Code
C. Underwriters Laboratories —Standards for Electrical Components and
Assemblies to achieve UL Labeled Products.
D. NSF National Sanitation Foundation Standards and Criteria to Achieve NSP
"Sea] of Approval".
1.4 SUBMITTALS - Owner review and approval is required for the following submittals.
When submittals are marked approved by the Owner, that part of the work covered by the
submittal may proceed, provided it complies with requirements of the Contract Documents;
final acceptance will depend upon that compliance. Allow sufficient review time so that
installation will not be delayed because of the time required to process submittals, including
time for re -submittals. Allow two weeks for initial review. Four copies will be required for
each submission. One copy will be returned to the Contractor with appropriate comments.
1. Submit dimensioned drawings indicating exact locations of mechanical and
electrical rough -ins, size and capacity.
2. Locate and size exhaust duct location for ventilation hood.
3. Scale of rough -in plan: 1/2" = V-O".
B. Equipment Base Plan:
I Submit dimensioned drawings indicating exact size and locations of bases
upon which equipment is set.
2. Scale of base plan: 1/291 = I'- "
C. Data Sheets for Standard Manufacturing Items:
I Submit brochures containing specification sheets with illustrations and full
mechanical and electrical data for all items of standard manufacturer.
2. Mark each data sheet with the applicable equipment number and indicate
accessories to be provided with each item.
3. For operating equipment include data on performance and operating
characteristics. Provide maintenance manuals, operating instructions; spare
parts lists, precautions against hazards, manufacturer's warranties, and
similar information.
mlu��
I . Submit operation manuals for all equipment of standard manufacturer.
2. Bind with three ring hard cover binders, indexed.
3. Include the names, addresses and telephone numbers of service agencies
authorized to service the various items of equipment.
E. Warranty
1. Submit sample warranties
US Un 0 1 yffmg 6.11] ma I Tm
A. Bidder Qualifications:
I Bidder shall be a party regularly engaged in the fabrication and/or
supplying of food service equipment as a primary business fora minimum
period of five years.
B Regulatory Requirements:
I Permits and Certificates: Comply with local laws, codes, ordinances and
regulations bearing on the conduct and installation of the work,
2. All accessories shall be furnished, with equipment to comply with
governing codes.
3. Provide safety devices required to comply with the regulations.
4. Electrical Equipment shall conform to the standards of the National
Electrical Manufacturers Association, and have conveniently located
control switches, enclosed case type, and shall comply with State of
Florida's Electrical Code and bear the UL label.
5. NFPA Standards:
a. Comply with NFPA 70 for electrical wiring and devices included
with food service equipment
Paint- MCDC Page 4
6. Health Codes: Comply with codes and ordinances regulating food service
establishments of local or environmental health department having
jurisdiction.
7. Electrically operated equipment shall be in accordance with the rules and
• and the laws of the State of Florida, and shall be approved by
the State Electrical Inspector and the Underwriters' Laboratories.
C. re -installation conference:
I Before beginning dish washer/dryer installation, conduct a pre -installation
conference at the Project site with the Owner's authorized representative to
review procedures, schedules, and testing.
2. Review warranty requirements.
D. Verify electrical voltages, cycles, phases and special requirements before
ordering equipment.
E. Verify space requirements for proper clearances and ease of operation. •
any equipment additions • modification to meet this requirement.
A. Protect metal finishes from damage during shipping, storage, handling,
installation and construction of other work in the same spaces. Wrap and crate
each item of equipment as needed • protection from damage.
B. Cover exposed stainless steel surfaces with self-adhesive protective paper, of a
type recommended by the metal manufacturer; do not remove until work is
installed and ready for cleaning and start-up.
A. Warranty: On workmanship and material. All material shall be new, of the best
quality, perfect and without flaw. Equipment shall be delivered and installed in
an undamaged condition. The warranties shall include a Standard warranty - I -
Year, inclusive of parts, labor & travel time during normal working hours within
the USA and Manufacturer's extended I -year warranty: Hobart Extended
warranty Agreement covering Parts, Labor (Monday -Friday 8-5) and Travel, also
includes 2 Proactive Maintenance Visits with proactive replacement of specific
parts during the coverage period. Extended warranty on electric booster shall
also be provided.
2.1 METALS
A. Stainless steel (s/s): AISI Type 302/304, hardest workable temper, No. 3
directional polish.
Paint- MCDC Page 5
2.2 Electrical Materials
A. General: Provide standard materials, devices and components as recommended
by the manufacturer/fabricator, selected and installed in accordance with NEMA
Standards and recommendations, and as required for safe and efficient use and
operation of the equipment, without objectionable noise, vibration and sanitation
problems.
B. Controls and Signals: Provide recognized commercial grade signals, "on -off'
push buttons or switches, and other speed and temperature controls as required
for operation of each item, complete with lights, permanent signs and graphics to
assist the user of each item. Provide stainless steel cover plates at controls and
signals.
C. Connections: Equip each its requiring electrical power with a terminal box for
permanent connection.
D. Motors: Totally enclosed type, except drip -proof type where not exposed to a
dust or moisture condition, ball bearings, impregnated to resist moisture, horse-
power and duty -cycle ratings as required for the service indicated.
FWVDNNOIGNNNM��
A. Set each item of non -mobile and non -portable equipment securely in place,
leveled and adjusted to correct height. Anchor to supporting substrate where
indicated and when required for sustained operation and use without shifting or
dislocation. Conceal anchorage whenever possible.
B. Install equipment in a professional and accurate manner per manufacturer's
requirements and recommendations. Installation shall include labor and material
for any required receiving, uncrating, setting in place, mechanical elements (such
as back draft dampers or ducting), plumbing, detergent and electrical connections
in is to provide a complete installation with the equipment being fully
operational.
C. The dishwasher unit will be positioned under a hood. Contractor is to confirm
venting requirements.
NTRH���
A. After completion of installation, remove protective coverings, if any, and clean
equipment, internally and externally. Restore exposed and semi -exposed finishes
to remove abrasions and other damages. Polish exposed -metal surfaces. Replace
work that cannot be successfully restored.
11. MINN I I!,
A. Test each item of operational equipment to demonstrate that it is operatin,w
properly, and that controls and safety devices are functioning. Repair or replace
Paint- MCDC Page 6
equipment that is found defective in its operation, including units that are below
capacity or operating with excessive noise or vibration.
B. Final Cleaning: After testing and start-up, clean and sanitize the equipment, and
leave in a condition ready for use.
C. At start-up, coordinate with the owner and dedicate at least one hour for user
training in the equipment's proper operation, controls, maintenance and cleaning.
Operation and maintenance manuals are to be provided by the Contractor for this
training session.
UENNMUKI���
A. TOOL CONTROL PLAN —The Public Works escorting staff person will
inventory all visitor's and contractor's tools on the approved Visitor/Contractor
Tool Inventory form prior to entering and departing the facility. Only those tools
necessary to the project will be allowed inside the facility. Contractors shall be
under staff escort and supervision at all times while in the secured envelope of
the facility or anywhere inmates may have access to the work area, The escort
shall have in his/her possession a contractor tool inventory. Any discrepancies in
the tool inventory will be handled by the escort as outlined in Section 16 of
Monroe County Administration Instruction 6606.3 and the contractor shall
remain at the facility until attempts at tool recovery have been completed.
Itt'. SMOKING POLICY —This is a non-smoking facty. Employees and
contractors are not permitted to bring tobacco, cigarettes, cigars, lighters or
matches into the secured envelope. If these items are brought into this facility,
the act is considered to be an Introduction of Contraband which is punishable by
law. The minimum action that a contractor may expect from the Monroe County
Sheriff's office for Introduction of Contraband is to be permanently barred from
future entrance to the facility.
I Each Contractor and Subcontractor shall conduct work in a safe and
practical manner in conformance with the OSHA Safety and Health
Regulations and the latest edition of the Manual of Accident Prevention,
Associated General Contractors of America.
2. Each Contractor and Subcontractor shall observe all applicable Federal,
State, local and project laws and regulations pertaining to safety and
health, pollution control, water supply, fire protection, sanitation facilities,
waste disposal and other related items.
��M] dDFff%QM ONO IN017-MOUILIffir-14
Paint- MCDC Page 7
Special attention shall be provided by the Contractor while working in
occupied areas regarding noise pollution, dust containment and keeping
the areas clean and safe for occupants and visitors.
A. All work performed by the Contractor in completing the subject project shall be
guaranteed by the Contractor against all defects of materials, equipment and
workmanship for a period of two years from the date of Final Completion of the
project.
B. If, within any guarantee period, repairs or changes are required in connection
with the guarantee work, which in the opinion of the Owner is rendered
necessary as a result of the use of materials, equipment or workmanship which
are defective or inferior or not in accordance with the terms of the Contract, the
Contractor shall, promptly upon receipt of notice from the Owner and without
expense to the Owner, proceed to place in satisfactory condition in every
particular all of such guaranteed work, correct all defects therein; and make good
all damages to the structure or site or equipment or contents thereof, which, in
the opinion of the Owner, is the result of the use of materials, equipment or
workmanship which are inferior, defective or not in accordance with the terms of
the Contract; and make good any work or materials or the equipment and
contents of structures or site disturbed in fulfilling any such guarantee.
If the Contractor, after receipt of any such written notice, fails within seventy-
two (72) hours to commence at the job site with performance of the work
necessary to remedy all defects in the work described in such notice so as to
provide the Owner with the subject project completed in accordance with all
r�apiirwfinai M-1 Itt M,*tntract Documents, or fails to complete the Lb�erformance of
such remedial work with a reasonable time after commencing same, the Owner
shall be entitled to have such defective work remedied on the account of the
Contractor, in which event, the Contractor shall be fully liable for all costs and
expenses reasonably incurred by the Owner in having such defective work
remedied.
A. The Owner shall pay the Contractor in current funds for the Contractor's performance
the Contract per Paragraph 4.13 of which follows, the Contract sum of One hundr
forty-one thousand two hundred seventeen 04/100 Dollars ($141,217.04).
B. This paragraph specifies administrative and procedural requirements necessary to
prepare and process Applications for Payment.
1. Progress Schedule: Prepare and submit to the Owner for approval within
ten days of Notice to Proceed, constrLiCtiOn progress schedules for the work, with
EMMMER!"
Paint- MCC Page 8
vs needed sub -schedules of related activities, which are essential to its progress.
Encorporate manpower loading related to each activity identified on the r•
schedule.
b. Submit revised/updated progress schedules with each payment
application.
C. Time line between Notice to Proceed and Project Completion date
shall not exceed 180 calendar days unless approved by the Owner.
d. The Contractor's recovery of damages and sole remedy for any delay
caused by the Owner shall be an extension of time on the Contract.
e. Indicate complete sequence of construction by activity, with dates for
beginning and completion for each element of construction.
Identify work of separate stages and other logically grouped activities.
9. Provide sub -schedules as needed to define critical portions of the
schedule
h. With each schedule submission, indicate progress of each activity to
date and the projected completion • • each activity.
i. Identify activities modified since previous submittal, major changes in
•r and other identifiable changes.
Note: It is not incumbent upon the Owner • Engineer to notify the
Contractor when to begin, to cease or to resume work, nor to give
n(cmi%terintend
or relieve the Contractor of responsibility or of any consequence of
neglect or carelessness.
2. Application for Payment: Partial progress payments may be issued to t"
• with the Owner's approval and with submission of properly execut
invoice and partial release of liens. Ten percent retainage will be withheld on
progress payments. When the final work is accepted by the owner, the contract
shall invoice the County for full and final payment. I
a. The owner may decline • make payment, may withhold funds, and if
necessary, may demand the return • • • all •, the amounts previously
paid to the contractor, to protect the owner from loss because of-
1. defective work not remedied by the contractor nor, in the opinion of
owner, likely to be remedied by the contractor;
Paint- MCDC Page 9
2. claims of third parties against the owner or the owner's property;
3. failure by the contractor to pay subcontractors or others in a prompt and
proper fashion;
4. evidence that the balance of the work cannot be completed in accordance
with the contract for the unpaid balance of the contract price;
5. persistent failure to carry out the work in accordance with the contract;
6. damage tote owner or a third party to whom the owner is, or may be,
liable.
In the event that the owner makes written demand upon the contractor for
amounts previously paid by the owner as contemplated in this
subparagraph, the contractor shall promptly comply with such demand.
b. When all of the work is finally complete and the contractor is ready for a
final inspection, it shall notify the owner thereof in writing. Thereupon, the
owner will make final inspection of the work and, if work and all
submissions are complete, in full accordance with this contract and this
contract has been fully performed, the owner will promptly issue a final
certificate for payment certifying that the project is complete and the
contractor is entitled to the remainder of the unpaid contract price, less any
amount withheld pursuant to this contract. Guarantees required by the
contract shall commence on the date of final completion of the work. If
the owner is unable to issue its final certificate for payment and is required
to repeat its final inspection of the work, the contractor shall bear the cost
of such repeat final inspection(s), which cost may be deducted by the owner
from the contractor's final payment.
T ne contracro—rs== TMOM-MMOSS-MM V1-1-t-1T-1Y-M11TFF=
the owner invoices with supporting documentation acceptable to the Clerk
of Court of which may include partial and final releases and waivers of
lien; releases and waivers of lien from all subcontractors of the contractor
and of any and all parties required by the owner. 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. The County
designates the Clerk of Courts as its agent under the Local Government
Prompt Payment Act, Florida Statues Section 218.735
3. Acceptance of final payment by the contractor shall constitute a waiver of all
claims against the owner by the contractor except for those claims previously
made in writing against the owner by the contractor, pending at the time of final
payment, and identified in writing by the contractor as unsettled at the time of its
request for final payment.
Paint- MCDC Page 10
C. Final payment, constituting the entire unpaid balance of the Contract Amount, shall be
made by the Owner to the Contractor when the Contract has been fully performed by
the Contractor.
MIMMMWABN��
A. The contractor warrants to the owner that all labor furnished to progress the work under
this contract will be competent to perform the tasks undertaken, that the product of such
labor will yield only first-class results, that materials and equipment furnished will be
of good quality and new unless otherwise permitted by the contract, and that the work
will be of good quality, free from faults and defects and in strict conformance with the
contract and warrant same for a period of two years commencing at final completion.
This two-year warranty is inclusive of all labor, transportation, equipment and material
cost with no cost to the owner. All work not conforming to these requirements may be
considered defective.
A. Changes in the work within the general scope of this contract, consisting of additions,
deletions, revisions, or any combination thereof, may be ordered without invalidating
this agreement, by change order or by field order.
B. Change order shall can a written order to the contractor executed by the owner,
issued after execution of this agreement, authorizing and directing a change in the
work or an adjustment in the contract price or the contract time, or any combination
thereof. The contract price and the contract time may be changed only by change
order.
C. Any change in the contract price resulting from a change order shall be determined as
follows: (a) by mutual agreement between the owner and the contractor as evidenced
by (1) the change in the contract price being set forth in the change order, (2) such
change in the contract price, together with any conditions or requirements related
thereof, being initialed by both parties and (3) the contractor's execution of the change
order, or (b) if no mutual agreement occurs between the owner and the contractor, then
the change in the contract price, if any, shall then be determined by the owner on the
basis of the reasonable expenditures or savings of those performing, deleting or
revising the work attributable to the change, including, in the case of an increase or
decrease in the contract price, an allowance for direct job site overhead of 5%, and
profit 5% will be utilized.
D. The execution of a change order by the contractor shall constitute conclusive evidence
of the contractor's agreement to the ordered changes in the work, this agreement as
thus amended, the contract price and the contract time. The contractor, by executing
the change order, waives and forever releases any claim against the owner for
additional time or compensation for matters relating to or arising out of or resultin!94
from the work included within or affected by the executed change order,
Paint- MCDC Page 11
A. This Agreement and the provision of the services at the location listed have been fully
considered by the Contractor, who understands the same and agrees to their sufficiency
and suitability. Under no circumstances, conditions, or situations shall this Contract be
more strongly construed against the County than against the Contractor.
B. The passing, approval, and/or acceptance by the County of any of the services
furnished by the Contractor shall not operate as a waiver by the County of strict
compliance with the terms of this Contract, and specifications covering the services.
Failure on the part of the Contractor, immediately after Notice to Correct shall entitle
the County, if it sees fit, to correct the same and recover the reasonable cost of such
replacement and/or repair from the Contractor, who shall in any event be jointly and
severally liable to the County for all damage, loss, and expense caused to the County
by reason of the Contractor's breach of this Contract and/or his failure to comply
strictly and in all things with this Contract and with the specifications.
8. INDEMNIFICATIONMOLD HARMLESS
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
ed to or sustained b anp indemnifi d %arwiLly reason of,
,Wfttn with resir V —
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 Contract, (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 Contract, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts 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
Contract, this section will survive the expiration of the term of this Contract or any earlier
termination of this Contract.
In the event that the service is delayed or suspended because of the Contractor's failure to
purchase or maintain the required insurance, the Contractor shall indemnify the County fro
any and all increased expenses or lost revenue resulting from such delay. I
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above. The extent of liability is in no way limited to, reduced,
or lessened by the insurance requirements contained elsewhere within this agreement. The
-A
Paint- MCDC Page 12
1141111FIZ HTRTJ �Ll �L§ �011 WIN Iffl
At all times and for all purposes under this agreement the Contractor is an independerlD
contractor and not an employee of the Board of County Commissioners for Monroe Count
No statement contained in this agreement shall be construed so as to find the Contractor
any of his/her employees, contractors, servants, or agents to be employees of the Board
County Commissioners for Monroe County. I
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in its
recruiting, hirin•romotine—terminathig. or any other area affecting employment under this
K[!4K"- ISPHIMU MAIN SEN 102 W KOWAM ameng ring 11
The Contractor shall not assign or subcontract its obligations under this agreement, except in
writing and with the prior written approval of the Board of County Commissioners for
Monroe County, which approval shall be subject to such conditions and provisions as the
Board may deem necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with all of the
provisions of this agreement. Unless expressly provided for therein, such approval shall in
no manner or event be deemed to impose any obligation upon the board in addition to the
4
[ 991�klj 0 10 a F." I e lei
In providing all services/goods pursuant to this agreement, the Contractor shall abide by all
statutes, ordinances, rules and regulation pertaining to, or regulating the provisions of, such
services, including those now in effect and hereinafter adopted. Any violation of said
statutes, ordinances, rules and regulations shall constitute a material breach of this agreement
and shall entitle the Board to terminate this contract immediately upon delivery of written
notice of termination to the Contractor. The Contractor shall possess proper licenses to
perform work in accordance with these specifications throughout the term of this contract.
11010FIZKIR��
Prior to execution of this agreement, and maintained throughout the life of the contract, the
Contractor shall furnish to the County Certificates of Insurance indicating the minimum
coverage limitation as listed below:
A. General Liability — include as a minimu
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability I
Paint- MCDC Page 13
* Personal Injury Liability
* Expanded Definition of Property Damage
If split limits are provided, the minimum limits acceptable shall be: $300,000 p-",
person; $500,000 per Occurrence; and $200,000 Property Damage. I
An Occurrence Form policy is preferred. If coverage is changed to or provided on
Claims Made Policy, its provisions should include coverage for claims filed on or aft
the effective date of this contract. In addition, the period for which claims may
reported should extend for a minimum of twelve (12) months following the fin
acceptance of work by the County. !I
MONROE COUNTY BOARD OF CO UNTY COMMISSIONE, RS MUST BE NAMED
AS ADDITIONAL INSURED ON ALL POLICIES ISSUED TO SATISFY THE
ABOVE REQUIREMENTS.
B. Vehicle Liability — include as a minimum:
0 Owned, Non -Owned, and Hired Vehicles
SIMI ''Iiiiii
If split limits are provided, the minimum limits acceptable shall be: $200,000 per
Person; $300,000 per Occurrence; and $200,000 Property Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE
NAMED AS ADDITIONAL INSURED ON ALL POLICIES ISSUED TO
SATISFY THE ABOVE REQUIRE, MENTS.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not
less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact business
in the State of Florida and the company or companies must maintain a minimum rating
of A -VI, as assigned by the A.M. Best Company.
ff the Contractor has been approved by Florida's Department of Labor, as an authorized
self -insurer, the County shall recognize and honor the Contractor's status. The
reguire-4 t* sn'tritit a Letter of,4.uthorization issued bv the Denartment
Paint- MCDC Page 14
of Labor and Certificate of Insurance, providing details on the Contractor's Excess
Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of Insurance will
reuiredd
. In addition, the Contractor may be required to submit updatefinanc
statements from the fund upon request from the County. I
q
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed herein, subject to the terms and conditions set forth in these contract
documents. Contractor shall at all times exercise independent judgment and shall assume
responsibility for the services to be provided.
-- 111M
— Rg
017 maneu, postage prepalu, to Vie oiner parLy 67; curtincl. inun, FCLU111C1-jX7S!Ca,�jL FV,,�
the following:
FOR COUNTY
Director, Middle Keys Operations
5501 College Road
Key West, Florida 33040
MM
I 100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR OR
Kerri Kolzow
27725 Diehl Road
Warrenville, IL 60555
REPRESENTATIVE AT JOBSITE
FOREMAN
TBD
Notice shall be deemed received when hand delivered, delivered by mail, or when deemed
undeliverable by the U.S. Postal Service.
[01119��M N tole
A) In the event that the Contractor shall be found to be negligent in any aspect of the
work, the County shall have the right to terminate this agreement after five days
written notification to the Contractor.
Paint- MCDC Page 15
B) This contract may be terminated for convenience by County upon ten
(10) days written notice to contractor delivered by hand or certified mail, retur
receipt requested, of intent to terminate and the date on which such
termination becomes effective. Contractor shall cease work as directed. In suc
case, Contractor shall be paid for all work executed and termination expenses
and expenses incurred prior to termination. No payment shall be made for pr
for work which has not been performed. I
In the event that any cause of action or administrative proceeding is instituted for the
eAf#r,-;,,.-,xwxt uL� i-PM3P�MtL*i,-1f *wtu&ckr
shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. This Agreement shall not be subject to arbitration.
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other party
to this Agreement for public records purposes during the term of the Agreement and for four
years following the termination of this Agreement. If an auditor employed by the County or
Clerk determines that monies paid to Contractor or not paid to County pursuant to this
A%UWWM -wi-21F.-IDOA-7
by Contractor, the Contractor shall repay the monies together with interest calculate4
pursuant to Sec. 55.03, FS, running from the date the monies were to have been paid.
1 &9. _ D&VA 04 11A."I 1111 a V"
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
14 -'L +
I r-Amov I I I I I ammej I t4fl
Paint- MCDC Page 16
stricken provision with a valid provision that comes as close as possible to the intent of the
stricken provision.
The County • • agree that in the event any cause • action or administrative
proceeding is initiated or defended by any it relative to the enforcement or interpretation
of this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, court
• investigative, and out-of-pocket • as an award against the non-prevailinA
party, and shall include attorney's fees, court costs, investigative, • •
expenses in appellate •
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of the County and Contractor and their respective legal representatives,
successors, and assigns.
Each party represents and warrants to the other that the execution, delivery and performance
of this Agreement have been duly authorized by all necessary County and corporate or
individual action, as required by law.
0*�M W.11 101 Ry all I 'A 0
Contractor and County agree that each shall be, and is, empowered to apply for, seek, and
obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant Bids, and funding solicitations shall be approved by each party
prior to submission.
County and • agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the
issue or issues shall be discussed at public meeting • the Board of County Commissioners.
If the issue • issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this Agreement or
by Florida law. This provision does not negate or waive the provisions • Paragraph 16
concerning cancellation.
MINOMMITIMON-117M [631Z
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
Paint- MCDC Page 17
nearings, processes, meetings, ana Me.
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.
County and Contractor agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further
action on the part of any party, effective the date of the court order. County or Contractor
Fit,
FAM
O*�K11TA Do 0IF-11 ON We] a
County and Contractor covenant that neither presently has any interest, and shall not acquire
any interest, which would conflict in any manner or degree with its performance under this
Agreement, and that only interest of each is to perform and receive benefits as recited in this
Agreement.
28. CODE OF ETHICS
. 1""= � �M
County agrees that officers and employees of the County recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in
Section 112.313, Florida Statues, regarding, but not limited to, solicitation or acceptance •
gifts; doing business with one's agency; unauthorized compensation; misuse of public
position, conflicting employment or contractual relationship; and disclosure or use of certain
•
The County and Contractor warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide •':! 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.
The County and Contractor shall allow and permit reasonable access to, and inspection of,
all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statues, and made or received by the County and
Contractor in • with this Agreement; and the County shall have the right to
unilaterally cancel this Agreement upon violation of this provision by Contractor.
=043015XIM MADINDI
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation • the
County and the • 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.
W I'll klyl 19 X" RM, IJ
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits which
apply to the activity of officers agents or employees of any of any public agents or
employees of the County, when performing their respective • 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.
Minn, MOUM
33. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non -Delegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall it be construed as, relieving any participating entity from any obligation or
responsibility imposed upon the entity by law except to the extent of actual and timely
performance thereof by 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.
No person or entity shall be entitled to rely upon the terms, or any of them, of the
tit • 9.-PJ-Airzi-i,a4~6voklut 1•#1 C Aulic t r' it
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.
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 Workplacc
Statement.
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.
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument any of the parties hereto may execute this Agreement by signing any such
counterpart.
Paint- MCDC Page 20
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.
Monroe County's performance and obligation to pay under this contract is contingent upon
an annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and date
first written above in four (4) counterparts, each of which shall, without proof or accounting for the
other counterparts, be deemed an original contract.
(SEAL)
Attest: Amy Heavilin, CLERK
By:
Deputy Clerk
Date:
(SEAL)
Attest:
By:
(-�TNI-`SS
Title:
By: -,� —Y Date:
W ITN EKSS
Title: 5
Paint- MCD C Page 21
a Its] IN I I-Y.11
■
Rmn
MP r
'C)�j
Date
RNEY
DO
so •" r
CERTIFICATE OF LIABILITY INSURANCE ®ATE(MM/°DmYY)
06/15/2015
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(ies) 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 endorsements .
PRODUCER
Total Insurance Services, Inc.
3175 Commercial Avenue
Northbrook, IL 60062-1926
Wendy A. Coleman
CONTACT
HAMMS:E:
PHONE FAX
C o r=;! Afc No):AIL
ADMRESS:
INSURER AFFORDING COVERAGE
NAIC #
INSURER A: Hanover Insurance Company
22292
INSURED Cook's Direct, Inc.
INSURER B : Travelers Ins. Cos.
19038
27725 Diehl Road
arrenville, IL 60555
INSURER C :
INSURER D
INSURER E :
INSURER F :
r'r1UERAGES 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
LTRrGENERAL
PE OF INSURANCE
POLICY NUMBER
POLICY EFF
MWOONYYY
POLICY EXF
MMfDDfYYYY
LIMITS
ILITY
CIAL GENERAL LIABILITY
I X l OCCUR
orm Vendor
OBC9088058
03/3112015
03131/2016
EACH OCCURRENCE
$ 1,000,00A
DAMAGE T0A0T1TD_ PREMISE Ee occurrence
300,00MS-MADE
MED EXP (Any one person
$ 5,00A
PERSONAL & ADV INJURY
$ 1,000,00d
GENERAL AGGREGATE
$ 2,000,00
$ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER:
POLICY PRO LOCJECT
PRODUCTS - COMP/OP AGE
$
A
AUTOMOBILE LIABILITY
X ANY AUTO
ALL OWNED SCHEDULED
X AUTOS AUTOS
X NO OWNED
X HIRED AUTOS X AUTOS
A C9088026
03/3112016
03131/2016
G )SINGLE LIMIT
t
Essaccident)
S 1,000,00
BODILY INJURY (Per person)
$
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
PER ACCIDENT
$
A
X
UMBRELLA LIAR
EXCESS LIAR
OCCUR
CLAIMS -MADE
OBC9068068
03131/2015
03/31/2016
EACH OCCURRENCE
$ 5,000,00
AGGREGATE
$ 6,000,00
DED RETENTION $
$
A
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANY PROPRIETORIPARTNERIEXECUTIVE Y f N
OFFICERIMEMBER EXCLUDED? Y
(Mandatory In NH)
If yes, describe under
DESCRIPTION OF OPERATIONS below
N / A
CC9087905
03/3112015
03/31/2016
WC STATU- OTH-
E.L EACH ACCIDENT
$ 500,00
E.L. DISEASE - EA EMPLOYEE_
$ 500,00
E L DISEASE - POLICY LIMIT
$ 500,00
B
A
Ocean Cargo
Property
ZOE-14P66761-12-ND
�OBC9088058
0313112015
0313112015
03/31/2016
03/31/2016
978,00
DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required)
RESTAURANT & OTHER C010M EQUIPRESTASTAURANT STORE SUPPLIES WHOLSALE
Lr3 R rJ R Z�
Monroe County Board of County
Commissioners
1100 Simonton Street
Key West, FL 33050
AUTHORIZED REPRESENTATIVE
a4w axe .i , 11
[c�7ikl;f:y{lytllcCKr z411a rl.fl•t:I_.■1,91e.I<f1.V:IrJI
r-r I r I r-r name and logo. marks of ACORD