05/16/2018 AgreementMEMORANDUM
OFFICE OF THE COUNTY ATTORNEY
40 1111 12' Street, Suite 408, Key West, FL 33040
Phone (305) 292 - 3470 /Fax (305) 292 -3516
TO: Pam Hancock
Executive Aide to the Clerk
FROM: Abra Campo
Executive Ad ator
DATE: May 23, 2018
SUBJECT: BOCC Meeting 05/16/18; Approved Agenda Item D1 (4045)
D. HURRICANE IRMA RECOVERY — Page 6
DI PROJECT MANAGEMENT;,,' is t a contract woofing by Ruff, Inc.
( "Ruff') for the roof replacement on the Big Pine Senior Center (AARP). Ruff was the
sole respondent to a request for proposals and submitted a bid price of $38,240.00.
Enclosed: One (1) originally executed original Contract for processing in BOCC records and
distribution.
CC: ►gym wtoF�, 01 y q Fr aocf, —00C
Project Management Department
MEMORANDUM
To: Abra Campo
From: Tammy Sweeting, Monroe County Project Management
(305)292 -4526
Date: May 18, 2018
Re: Agenda Item D.1
To be forwarded to the Clerk for execution
At the May 16, 2018 Board of County Commissioners meeting the attached were approved.
Thank you
RECEIVE
MAY 21 2018
MoNROE cou pTiORNEY
" �)Oh if, C. wl-�
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT Made as of the 4 Day of � 2018
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, FL 33040
And the Contractor: Roofing by Ruff, Inc.
937 Fleming St.
Key West, FL 33040
For the following Project: Big ley AARP Roof Repairs
Scope of the Work
The Scope of Work includes, but is not limited to, all work described in the Solicitation for the
Big Pine Key AARP Mold Remediation.
Scope:
1. Secure permits for the roof work from Monroe County.
2. Remove the existing shingles, underlayment, and flashings and dispose of in accordance with
all County codes.
3. Inspect the plywood sheathing and replace where deteriorated
4. Install a self - adhering smooth surfaced ice and water shield underlayment over the entire
area.
5. Fabricate and install a new Galvalume plus 26 gauge metal roofing system, inclusive of all
perimeter and ridge cap trim.
6. Install new (lashings at the two pipes that penetrate the roof deck.
7. Remove all debris associated with the above work.
8. Furnish a 25 year warranty.
Summary of General Requirements
BIG PINE AARP Roof Repairs
• Furnish all labor, tools, material, equipment, safety equipment, transportation services,
laboratories, and all incidentals necessary to perform and complete said Work.
• Construction work times shall be limited to: 8:00 AM to 5:00 PM Monday- Friday. Unless
otherwise requested or required by Director of Project Management.
• County buildings must remain open at all times. Work done by contractor must not
impede the normal operations of the County buildings and employees which may be
adjacent to the work, Schedule and coordinate construction activities accordingly to
prevent any interruption of normal staff and building operations.
• Contractor shall maintain the following Insurance Requirements for the life of the
contract:
Workers Comp Employers Liability
General Liability
Vehicle
$100,000/$500,000/$l 00, 000
Bodily Injury by Accident /Bodily
Injury by Disease, policy limits /Bodily Injury
by Disease each employee
$200,000 per Person;
$300,000 per Occurrence
$200,000 Property Damage
or
$300,000 Combined Single Limit
$50,000 per Person:
$100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
The Monroe County Board of County Commissioners shall be named as Additional Insured on
General Liability and Vehicle policies.
ARTICLE 1
The Contract Documents
The Contract Documents consist of this Agreement, Solicitation and Proposal /Quote
documents, Addenda issued prior to execution of this Agreement, together with the response to
solicitation and all required insurance documentation, and Modifications issued after execution
of this Agreement. The Contract represents the entire and integrated agreement between the
parties hereto and supersedes prior negotiations, representations or agreements, either written
or oral. In the event of a discrepancy between the documents, precedence shall be determined
by the order of the documents as just listed.
ARTICLE 2
The Work of this Contract
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BIG PINE AARP Roof Repairs
The Contractor shall execute the entire Work described in the Contract Documents, except to
the extent specifically indicated in the Contract Documents to be the responsibility of others, or
as follows: N /A.
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a notice to proceed issued by the
Owner.
The Contractor shall commence performance of this Project within Thirty (30) calendar
days after the date of issuance to the undersigned by Owner. The undersigned shall
accomplish Substantial Completion of the Project within Ninety (90) calendar days. The
undersigned shall accomplish Final Completion of the Project within Thirty (30) calendar
days thereafter. The time or times stipulated in the contract for completion of the work of
the contract or of specified phases of the contract shall be the calendar date or dates
listed in the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
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.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
completion of all of the Contract work the Sum of Thirty Eight Thousand Two Hundred
Fourty and 00/100 Dollars ($38.240.00), subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: None.
ARTICLE 5
Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
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FIRST
SECOND
31 ST DAY &
CONTRACT AMOUNT
15 DAYS
15 DAYS
THEREAFTER
Under $50,000.00
$50.00 /Day
$100.00 /Day
$250.00 /Day
$50,000.00- 99,999.00
100.00 /Day
200.00 /Day
750.00 /Day
$100,000.00- 499,999.00
200.00 /Day
500.00 /Day
2,000.00 /Day
$500,000.00 and Up
500.00 /Day
1,000.00 /Day
3,500.00 /Day
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.
ARTICLE 4
Contract Sum
4.1 The owner shall pay the Contractor in current funds for the Contractor's performance of
completion of all of the Contract work the Sum of Thirty Eight Thousand Two Hundred
Fourty and 00/100 Dollars ($38.240.00), subject to additions and deductions as
provided in the Contract Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner: None.
ARTICLE 5
Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the contractor as provided below and elsewhere in the Contract
Documents.
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BIG PINE AARP Roof Repairs
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month, or as follows:
5.3 Payment will be made by the Owner in accordance with the Florida Local Government
Prompt Payment Act, Section 218.735, Florida Statutes and Monroe County Code.
ARTICLE 6
Miscellaneous Provisions
6.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
6.2 Monroe County's performance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval
of the Board members at the time of contract initiation and its duration.
6.3 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a proposal on a contract with a
public entity for the construction or repair of a public building or public work, may not
submit proposals on leases of real property to public entity, may not be awarded or
perform work as contractor, supplier, subcontractor, or consultant under a contract with
any public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of
thirty -six (36) months from the date of being placed on the convicted vendor list.
6.4 The following items are included in this contract:
a) Contractor shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during the term of
the Agreement and for four years following the termination of this Agreement. If an
auditor employed by the County or Clerk determines that monies paid to Contractor
pursuant to this Agreement were spent for purposes not authorized by this
Agreement, the Contractor shall repay the monies together with interest calculated
pursuant to Sec. 55.03, Florida Statutes, running from the date the monies were paid
to Contractor.
b) Governing Law, Venue, Interpretation, Costs, and Fees: This Agreement shall be
governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement
or interpretation of this Agreement, the County and Contractor agree that venue shall
lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. The Parties waive their rights to trial by jury. The County and
Contractor agree that, in the event of conflicting interpretations of the terms or a term
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of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding.
c) Severability. If any term, covenant, condition or provision of this Agreement (or the
application thereof to any circumstance or person) shall be declared invalid or
unenforceable to any extent by a court of competent jurisdiction, the remaining
terms, covenants, conditions and provisions of this Agreement, shall not be affected
thereby; and each remaining term, covenant, condition and provision of this
Agreement shall be valid and shall be enforceable to the fullest extent permitted by
law unless the enforcement of the remaining terms, covenants, conditions and
provisions of this Agreement would prevent the accomplishment of the original intent
of this Agreement. The County and Contractor agree to reform the Agreement to
replace any stricken provision with a valid provision that comes as close as possible
to the intent of the stricken provision.
d) Attorney's Fees and Costs. The County and Contractor agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees and court costs as an award against
the non - prevailing party, and shall include attorney's fees and courts costs in
appellate proceedings.
e) Binding Effect. The terms, covenants, conditions, and provisions of this Agreement
shall bind and inure to the benefit of the County and Contractor and their respective
legal representatives, successors, and assigns.
f) Authority. Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all
necessary County and corporate action, as required by law. Each party agrees that it
has had ample opportunity to submit this Contract to legal counsel of its choice and
enters into this agreement freely, voluntarily and with advice of counsel.
g) Claims for Federal or State Aid. Contractor and County agree that each shall be, and
is, empowered to apply for, seek, and obtain federal and state funds to further the
purpose of this Agreement; provided that all applications, requests, grant proposals,
and funding solicitations shall be approved by each party prior to submission.
h) Adjudication of Disputes or Disagreements. County and Contractor agree that all
disputes and disagreements shall be attempted to be resolved by meet and confer
sessions between representatives of each of the parties. If the issue or issues are
still not resolved to the satisfaction of the parties, then any party shall have the right
to seek such relief or remedy as may be provided by this Agreement or by Florida
law. This Agreement is not subject to arbitration.
i) Cooperation. In the event any administrative or legal proceeding is instituted against
either party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, to the extent required by the
other party, in all proceedings, hearings, processes, meetings, and other activities
related to the substance of this Agreement or provision of the services under this
Agreement. County and Contractor specifically agree that no party to this Agreement
shall be required to enter into any arbitration proceedings related to this Agreement.
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k) Covenant of No Interest. County and Contractor covenant that neither presently has
any interest, and shall not acquire any interest, which would conflict in any manner or
degree with its performance under this Agreement, and that only interest of each is
to perform and receive benefits as recited in this Agreement.
Code of Ethics. County agrees that officers and employees of the County recognize
and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
m) No Solicitation /Payment. The County and Contractor warrant that, in respect to
itself, it has neither employed nor retained any company or person, other than a
bona fide employee working solely for it, to solicit or secure this Agreement and that
it has not paid or agreed to pay any person, company, corporation, individual, or firm,
other than a bona fide employee working solely for it, any fee, commission,
percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the
Contractor agrees that the County shall have the right to terminate this Agreement
without liability and, at its discretion, to offset from monies owed, or otherwise
recover, the full amount of such fee, commission, percentage, gift, or consideration.
n) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24 of
article I of the Constitution of Florida. The County and Contractor shall allow and
permit reasonable access to, and inspection of, all documents, records, papers,
letters or other "public record" materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the
County and Contractor in conjunction with this contract and related to contract
performance. The County shall have the right to unilaterally cancel this contract
upon violation of this provision by the Contractor. Failure of the Contractor to abide
by the terms of this provision shall be deemed a material breach of this contract and
the County may enforce the terms of this provision in the form of a court proceeding
and shall, as a prevailing party, be entitled to reimbursement of all attorney's fees
and costs associated with that proceeding. This provision shall survive any
termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to F.S. 119.0701 and the terms and conditions of this contract, the Contractor
is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service,
(2) Upon receipt from the County's custodian of records, provide the County
with a copy of the requested records or allow the records to be inspected or
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copied within a reasonable time at a cost that does not exceed the cost
provided in this chapter or as otherwise provided by law.
(2) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the
Contractor transfers all public records to the County upon completion of the
contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure
requirements. If the Contractor keeps and maintains public records upon
completion of the contract, the Contractor shall meet all applicable
requirements for retaining public records. All records stored electronically
must be provided to the County, upon request from the County's custodian
of records, in a format that is compatible with the information technology
systems of the County.
(5) A request to inspect or copy public records relating to a County contract
must be made directly to the County, but if the County does not possess
the requested records, the County shall immediately notify the Contractor of
the request, and the Contractor must provide the records to the County or
allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to
unilaterally cancel this contract upon violation of this provision by the
Contractor. A Contractor who fails to provide the public records to the
County or pursuant to a valid public records request within a reasonable
time may be subject to penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or
otherwise dispose of any public records unless or otherwise provided in this
provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305 - 292 -3470 BRADLEY -
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040.
o) Non - Waiver of Immunity. Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of the Contractor and the County in this Agreement and
the acquisition of any commercial liability insurance coverage, self- insurance
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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.
p) Privileges and Immunities. All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability,
workers' compensation, and other benefits which apply to the activity of officers,
agents, or employees of any public agents or employees of the County, when
performing their respective functions under this Agreement within the territorial limits
of the County shall apply to the same degree and extent to the performance of such
functions and duties of such officers, agents, volunteers, or employees outside the
territorial limits of the County.
q) 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.
r) Non - Reliance by Non - Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
Contractor or any agent, officer, or employee of either shall have the authority to
inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement
separate and apart, inferior to, or superior to the community in general or for the
purposes contemplated in this Agreement.
s) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include a Public Entity Crime Statement, an Ethics Statement,
and a Drug -Free Workplace Statement.
t) No Personal Liability. No covenant or agreement contained herein shall be deemed
to be a covenant or agreement of any member, officer, agent or employee of Monroe
County in his or her individual capacity, and no member, officer, agent or employee
of Monroe County shall be liable personally on this Agreement or be subject to any
personal liability or accountability by reason of the execution of this Agreement.
u) Execution in Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall be regarded as an original, all of which taken
together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
v) Hold Harmless and Indemnification. 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
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action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine,
penalty or business interruption, and (iii) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of,
or in connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or
omission of Contractor or any of its employees, agents, sub - contractors or other
invitees, or (C) Contractor's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims,
actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or omissions of the COUNTY or any of its
employees, agents, contractors or invitees (other than Contractor). The monetary
limitation of liability under this contract shall be not less than $1 million per
occurrence pursuant to F. S. 725.06. Insofar as the claims, actions, causes of action,
litigation, proceedings, costs or expenses relate to events or circumstances that
occur during the term of this Agreement, this section will survive the expiration of the
term of this Agreement or any earlier termination of this Agreement.
In the event that the completion of the project (to include the work of others) is
delayed or suspended as a result of the Contractor s failure to purchase or maintain
the required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted
against the County by virtue of any deficiency or ambiguity in the plans and
specifications provided by the Contractor, the Contractor agrees and warrants that
the Contractor shall hold the County harmless and shall indemnify it from all losses
occurring thereby and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the .Contractor is for the
indemnification provided for the above.
w) 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.
y) Agreements with Subcontractors. In the event that the Contractor subcontracts any
or all of the work in this project to any third party, the Contractor specifically agrees
to identify the COUNTY as an additional insured on all insurance policies required by
the County. In addition, the Contractor specifically agrees that all agreements or
contracts of any nature with his subcontractors shall include the COUNTY as
additional insured.
6.5 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, or by courier with proof of delivery.
Notice shall be sent to the following persons:
For Contractor: Rob Ruff
Roofinq By Ruff, Inc.
937 Fleming St.
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Key West, FL 33040
For Owner: Director of Protect Management Assistant County Administrator, PW & E
1100 Simonton St., Room 2 -216 1100 Simonton St
Key West, FL 33040 Key West, FL 33040
ARTICLE 7
Enumeration of Contract Documents
7.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows: None.
7.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
7.1.2 The General Conditions: None.
7.1.3 The Supplementary Conditions of the Contract are the FEDERAL REQUIRED
CONTRACT PROVISIONS provided below and IAQ MOLD ASSESSMENT REPORT
BY KEY WEST PRO MANAGEMENT.
7.1.4 The Addenda, if any, are as follows: None.
FEDERAL REQUIRED CONTRACT PROVISIONS
The CONTRACTOR and its subcontractors must follow the provisions set forth in 2 C.F.R.
§200.326 and 2 C.F.R. Part 200, App. II to Part 200, as amended, including but not limited to:
1) Nondiscrimination /Equal Employment Opportunity
CONTRACTOR and COUNTY 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. CONTRACTOR
agrees to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of
the Civil Rights Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race,
color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20
USC ss. 1681 -1683, and 1685 - 1686), which prohibits discrimination on the basis of sex, 3)
Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC ss. 6101 -6107) which prohibits discrimination on the basis of age; 5) The
Drug Abuse Office and Treatment Act of 1972 (PL 92 -255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and
Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91 -616), as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism, 7) The Public
Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and 290ee -3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of
the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to nondiscrimination
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in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42
USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination on
the basis of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits
discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual
orientation, gender identity or expression, familial status or age; 11) Any other
nondiscrimination provisions in any Federal or state statutes which may apply to the parties
to, or the subject matter of, this Agreement. During the performance of this Agreement, the
CONTRACTOR, in accordance with Equal Employment Opportunity (30 Fed. Reg. 12319,
12935, 3 C.F.R. Part, 1964 -1965 Comp., p. 339), as amended by Executive Order 11375,
Amending Executive Order 11246 Relating to Equal Employment Opportunity, and
implementing regulations at 41C.F.R. Part 60 (Office of Federal Contract Compliance
Programs, Equal Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200,
Appendix II, ¶ C, agrees as follows: The CONTRACTOR will not discriminate against any
employee or applicant for employment because of race, color, religion, sex, sexual
orientation, gender identity, or national origin. The contractor will take affirmative action to
ensure that applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity, or
national origin. Such action shall include, but not be limited to the following: Employment,
upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to
employees and applicants for employment, notices to be provided by the contracting officer
setting forth the provisions of this nondiscrimination clause. The CONTRACTOR will, in all
solicitations or advertisements for employees placed by or on behalf of the contractor, state
that all qualified applicants will receive consideration for employment without regard to race,
color, religion, sex, sexual orientation, gender identity, or national origin. The
CONTRACTOR will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has inquired
about, discussed, or disclosed the compensation of the employee or applicant or another
employee or applicant. This provision shall not apply to instances in which an employee who
has access to the compensation information of other employees or applicants as a part of
such employee's essential job functions discloses the compensation of such other
employees or applicants to individuals who do not otherwise have access to such
information, unless such disclosure is in response to a formal complaint or charge, in
furtherance of an investigation, proceeding, hearing, or action, including an investigation
conducted by the employer, or is consistent with the CONTRACTOR's legal duty to furnish
information. The CONTRACTOR will send to each labor union or representative of workers
with which it has a collective bargaining agreement or other contract or understanding, a
notice to be provided by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order 11246
of September 24, 1965, and shall post copies of the notice in conspicuous places available
to employees and applicants for employment. The CONTRACTOR will comply with all
provisions of Executive Order 11246 of September 24, 1965, and of the rules, regulations,
and relevant orders of the Secretary of Labor. The CONTRACTOR will furnish all
information and reports required by Executive Order 11246 of September 24, 1965, and by
the rules. regulations, and orders of the Secretary of Labor, or pursuant thereto, and will
permit access to his books, records, and accounts by the contracting agency and the
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BIG PINE AARP Roof Repairs
Secretary of Labor for purposes of investigation to ascertain compliance with such rules,
regulations, and orders. In the event of the CONTRACTOR's non - compliance with the
nondiscrimination clauses of this contract or with any of such rules, regulations, or orders,
this contract may be canceled, terminated or suspended in whole or in part and the
CONTRACTOR may be declared ineligible for further Government contracts in accordance
with procedures authorized in Executive Order 11246 of September 24, 1965, and such
other sanctions may be imposed and remedies invoked as provided in Executive Order
11246 of September 24, 1965, or by rule, regulation, or order of the Secretary of Labor, or
as otherwise provided by law.
II) Clean Air Act and the Federal Water Pollution Control Act Contractor agrees to comply with
all applicable standards, orders or regulations issued pursuant to the Clean Air Act (42
U.S.C. 7401- 7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C.
1251 -1387) and will reports violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA).
III) Davis -Bacon Act, as amended (40 U.S.C. 3141 - 3148) When required by Federal program
legislation, all prime construction contracts in excess of $2,000 awarded by non - Federal
entities must comply with the Davis -Bacon Act (40 U.S.C. 31413144, and 3146 -3148) as
supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted
Construction "). In accordance with the statute, contractors must be required to pay wages to
laborers and mechanics at a rate not less than the prevailing wages specified in a wage
determination made by the Secretary of Labor. In addition, contractors must be required to
pay wages not less than once a week. The COUNTY must place a copy of the current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the
wage determination. The COUNTY must report all suspected or reported violations to the
Federal awarding agency. The contractors must also comply with the Copeland "Anti -
Kickback" Act (40 U.S.C. 3145), as supplemented by Department of Labor regulations (29
CFR Part 3, "Contractors and Subcontractors on Public Building or Public Work Financed in
Whole or in Part by Loans or Grants from the United States "). As required by the Act, each
contractor or subrecipient is prohibited from inducing, by any means, any person employed
in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The COUNTY must report all
suspected or reported violations to the Federal awarding agency. The contractor shall
comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the requirements of 29 C.F.R. pt. 3 as
may be applicable, which are incorporated by reference into this contract.
i) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions
require, and also a clause requiring the subcontractors to include these clauses in
any lower tier subcontracts. The prime contractor shall be responsible for the
compliance by any subcontractor or lower tier subcontractor with all of these contract
clauses.
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ii) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in 29
C.F.R. § 5.12.
IV) Contract Work Hours and Safety Standards Act (40 U.S.C. 3701 - 3708) Where applicable,
all contracts awarded by the COUNTY in excess of $100,000 that involve the employment of
mechanics or laborers must comply with 40 U.S.C. 3702 and 3704, as supplemented by
Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the Act, each
contractor must compute the wages of every mechanic and laborer on the basis of a
standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the
basic rate of pay for all hours worked in excess of 40 hours in the work week. The
requirements of 40 U.S.C. 3704 are applicable to construction work and provide that no
laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or
contracts for transportation or transmission of intelligence.
V) Rights to Inventions Made Under a Contract or Agreement If the Federal award meets the
definition of "funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding
the substitution of parties., assignment or performance of experimental, developmental, or
research work under that "funding agreement," the recipient or subrecipient must comply
with the requirements of 37 CFR Part 401, "Rights to Inventions Made by Nonprofit
Organizations and Small Business Firms Under Government Grants, Contracts and
Cooperative Agreements," and any implementing regulations issued by the awarding
agency.
VI) Clean Air Act (42 U.S.C. 7401 - 76718.). Water Pollution Control Act (33 U.S.C. 1251 - 1387)
Contracts and subgrants of amounts in excess of $150,000 must comply with all applicable
standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401 -
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251 - 1387).
Violations must be reported to the Federal awarding agency and the Regional Office of the
Environmental Protection Agency (EPA).
VII) Debarment and Suspension (Executive Orders 12549 and 12689) A contract award (see 2
CFR 180.220) must not be made to parties listed on the government wide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR
180 that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3
CFR part 1989 Comp., p. 235), "Debarment and Suspension." SAM Exclusions contains the
names of parties debarred, suspended, or otherwise excluded by agencies, as well as
parties declared ineligible under statutory or regulatory authority other than Executive Order
12549.
VIII) Byrd Anti- Lobbyinq Amendment (31 U.S.C. 1352) Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier
above that it will not and has not used Federal appropriated funds to pay any person or
Agreement Page 13 of 17
BIG PINE AARP Roof Repairs
organization for influencing or attempting to influence an officer or employee of any agency,
a member of Congress, officer or employee of Congress, or an employee of a member of
Congress in connection with obtaining any Federal contract, grant or any other award
covered by 31 U.S.C. 1352. Each tier must also disclose any lobbying with non - Federal
funds that takes place in connection with obtaining any Federal award. Such disclosures are
forwarded from tier to tier up to the non - Federal award.
IX) Procurement of recovered materials as set forth in 2 CFR $ 200.322 Compliance with
Procurement of recovered materials as set forth in 2 CFR § 200.322. CONTRACTOR must
comply with section 6002 of the Solid Waste disposal Act, as amendment by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only
items designed in guidelines of the Environmental Protection Agency (EPA at 40 CPR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded
$10,000; procuring solid waste management services in a manner that maximizes energy
and resource recovery; and establishing an affirmative procurement program for
procurement of recovered materials identified in the EPA guidelines. (1) In the performance
of this contract, the Contractor shall make maximum use of products containing recovered
materials that are EPA- designated items unless the product cannot be acquired (i)
Competitively within a timeframe providing for compliance with the contract performance
schedule; (ii) Meeting contract performance requirements; or (iii) At a reasonable price. (2)
Information about this requirement, along with the list of EPA - designate items, is available at
EPA's Comprehensive Procurement Guidelines web site,
https: / /www.epa.gov /smm/ comprehensive - procurement - guideline -cpg- program.
X) Americans with Disabilities Act of 1990 (ADA) The CONTRACTOR will comply with all the
requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
XI) Disadvantaged Business Enterprise (DBE) Policy and Obligation It is the policy of the
COUNTY that DBE's, as defined in 49 C.F,R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part with
COUNTY funds under this Agreement. The DBE requirements of applicable federal and
state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR
agree to ensure that DBE's have the opportunity to participate in the performance of this
Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with applicable federal and state laws and regulations to
ensure that the DBE's have the opportunity to compete for and perform contracts. The
COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of
race, color, national origin or sex in the award and performance of contracts, entered
pursuant to this Agreement. The Contractor shall utilize the U.S. Department of Homeland
Security's E- Verify system to verify the employment eligibility of all new employees hired by
the Contractor during the term of the Contract and shall expressly require any
subcontractors performing work or providing services pursuant to the Contract to likewise
utilize the U.S. Department of Homeland Security's E- Verify system to verify the
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BIG PINE AARP Roof Repairs
employment eligibility of all new employees hired by the subcontractor during the Contract
term.
XII) and False or Fraudulent or Related Acts The contractor acknowledges that 31 U.S.C.
Chap. 38 (Administrative Remedies for False Claims and Statements) applies to the
contractor's actions pertaining to this contract.
XIII) Access to Records The following access to records requirements apply to this contract:
(1) The contractor agrees to provide MONROE COUNTY, the FEMA Administrator,
the Comptroller General of the United States, or any of their authorized
representatives access to any books, documents, papers, and records of the
Contractor which are directly pertinent to this contract for the purposes of making
audits, examinations, excerpts, and transcriptions.
(2) The Contractor agrees to permit any of the foregoing parties to reproduce by any
means whatsoever or to copy excerpts and transcriptions as reasonably needed.
(3) The contractor agrees to provide the FEMA Administrator or his authorized
representatives access to construction or other work sites pertaining to the work
being completed under the contract.
XIV) Federal Government not a party to contract CONTRACTOR acknowledges that the
Federal Government is not a party to this contract and is not subject to any obligations or
liabilities to the non - Federal entity contractor, or any other party pertaining to any matter
resulting from the contract.
XV) Department of Homeland Security (DHS) Seal, Logo, and Flags The contractor shall not
use the DHS seal(s), logos, crests, or reproductions of flags or likenesses of DHS agency
officials without specific FEMA pre - approval.
XVI) Compliance with Federal Law, Regulations, and Executive Order This is an
acknowledgement that FEMA financial assistance will be used to fund the contract only. The
contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
XVII) Termination Provisions The termination provisions (A -D) below replace and amend any
termination provisions in the underlying agreement, if any.
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five (5) days
written notification to the CONTRACTOR.
B. Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days written notice of its intention to do so.
C. Termination for Cause and Remedies: In the event of breach of any contract terms, the
COUNTY retains the right to terminate this Agreement. The COUNTY may also
terminate this agreement for cause with CONTRACTOR should CONTRACTOR fail to
perform the covenants herein contained at the time and in the manner herein provided.
In the event of such termination, prior to termination, the COUNTY shall provide
CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with
an opportunity to cure the breach that has occurred. If the breach is not cured, the
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BIG PINE AARP Roof Repairs
Agreement will be terminated for cause. If the COUNTY terminates this agreement with
the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this agreement prior to termination, unless the cost of completion
to the COUNTY exceeds the funds remaining in the contract; however, the COUNTY
reserves the right to assert and seek an offset for damages caused by the breach. The
maximum amount due to CONTRACTOR shall not in any event exceed the spending
cap in this Agreement. In addition, the COUNTY reserves all rights available to recoup
monies paid under this Agreement, including the right to sue for breach of contract and
including the right to pursue a claim for violation of the COUNTY's False Claims
Ordinance, located at Section 2 -721 et al. of the Monroe County Code.
D. Termination for Convenience: The COUNTY may terminate this Agreement for
convenience, at any time, upon seven (7) days' notice to CONTRACTOR. If the
COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay
CONTRACTOR the sum due the CONTRACTOR under this agreement prior to
termination, unless the cost of completion to the COUNTY exceeds the funds remaining
in the contract. The maximum amount due to CONTRACTOR shall not exceed the
spending cap in this Agreement. In addition, the COUNTY reserves all rights available to
recoup monies paid under this Agreement, including the right to sue for breach of
contract and including the right to pursue a claim for violation of the COUNTY's False
Claims Ordinance, located at Art. IX, Section 2 -721 et al. of the Monroe County Code.
Agreement Page 16 of 17
BIG PINE AARP Roof Repairs
This Agreement is entered into as of the day and year first written above and is executed in at
least two (2) original copies of which one (1) is to be delivered to the Contractor.
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL)
Attest: KEVIN MADOK, Clerk
Bv:
Deputy Clerk
MONROE COUNTY
/kp
my Administrator
Date:
(Seal)
Contractor Witness Attest:
By: /
Tit Ie: fn oFnLA; wA-t,% CLv-
Date: 2-1 t I I `b
Contractor Attest:
By:
Title: C.j- SE zrz t �i
Date: Z $
Date:
� Ze/ �
CONTRACTOR /
Roofing By Ruff -1 1
By:
Owner or Aut orized R fesentative to
bind the Contractor.
Title: \I
Date: Zt I I ice
MONROE COUNTY ATTORNEY
APPROVEd TO FORM
CHRIS AMBROSIO
A7727Y TTO�RNEY
Date:
End of Agreement
Agreement Page 17 of 17
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
if Roofing by Ruff, Inc. "
(Company)
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 ". n
(Signature)
Date: January 29, 2018
STATE OF: Maryland
COUNTY OF: Baltimore
Subscribed and sworn to (or affirmed) before me on January 29, 2018
(date) by Robert Ruff (name of affiant).
personally known to me or has produced
as identification. (type of identification)
NOTARY P
He /She is
My commission expires: 3/19/19
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies
that:
Roofing by Ruff Inc.
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business's
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give 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. Impose a sanction on, or require the satisfactory participation in a drug abuse
assistance or rehabilitation program if such is available in the employee's community, or
any employee who is so convicted.
6. 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.
Respond
ent's Signat
January 29, 2018
Date
NON - COLLUSION AFFIDAVIT
I, Robert Ruff of the city of Key West
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am Vice President
of the firm of Roofing by Ruff. Inc.
the bidder making the Proposal for the project described in the Request for
Qualifications for:
Monroe County
and that I executed the said proposal with full authority to do so:
2. the prices in this 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 which have been quoted 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 indirectly, to any
other bidder or to any competitor; and
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 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 statements
contained in this affidavit in awarding contracts for said project.
�A — — _�l January 29, 2018
(Signature of e pond nt) (Date)
STATE OF: Maryland
COUNTY OF: Baltimore
PERSONALLY APPEARED BEFORE ME, the undersigned authority, Robert Ruff
who, after first being sworn by me, (name of individual signing) affixed
his/her signature in the space provided above on this 29th day of January
20 18 61
NOTARY PUBLI
My Commission Expires: 3/19/19
IDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND
SUBCONSULTANTS
The Architect /Engineer /Consultant covenants and agrees to indemnify, hold harmless and
defend Monroe County, its commissioners, officers, employees, agents and servants from
any and all claims for bodily injury, including death, personal injury, and property
damage, including property owned by Monroe County, and any other losses, damages,
and expenses of any kind, including attorney's fees, court costs and expenses, which arise
out of, in connection with, or by reason of services provided by the Architect/Engineer or
Consultant or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors,
or other wrongful act or omission of the Architect/Engineer /Consultant, including its
Subcontractor(s) in any tier, their officers, employees, servants or agents.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Architect/Engineer /Consultant's failure to purchase or
maintain the required insurance, the Architect/Engineer /Consultant shall indemnify the
County from any and all increased expenses resulting from such delay. Should any claims
be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans
and specifications provided by the Architect/Engineer /Consultant, the
Architect/Engineer /Consultant agrees and warrants that Architect /Engineer /Consultant
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The first ten dollars ($10.00) of remuneration paid to the Architect /Engineer /Consultant
is consideration 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.
This indemnification shall survive the expiration or earlier termination of the Agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply
in full with all the requirements.
Robert Ruff, Vice President
Respondent
K q]
Signature