Item C11 C.11
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Sylvia Murphy,District 5
The Florida Keys � � �l'U � Mayor Pro Tern Danny Kolhage,District 1
�pw° Michelle Coldiron,District 2
Heather Carruthers,District 3
David Rice,District 4
County Commission Meeting
May 22, 2019
Agenda Item Number: C.11
Agenda Item Summary #5512
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
none
AGENDA ITEM WORDING: Approval to award bid and enter into a one-year agreement with
GOC, Inc. d/b/a Island Fence for Perimeter Fence Maintenance, Repair & Modification at the Key
West International Airport, in the amount of $25.00/hr. for Lead Crewman and $20.00/hr. for
Helper, for both normal and overtime hours, and cost of materials at manufacturer's invoice plus
10% markup; to be paid from Airport Operating Fund 404 (50%) and FDOT Grants (50%).
ITEM BACKGROUND: The County held a bid opening on April 10, 2019, following the issuance
of a notice of competitive solicitation for perimeter fence maintenance, repair, and modification at
KWIA. GOC, Inc. d/b/a Island Fence was the lowest of two (2)bidders.
PREVIOUS RELEVANT BOCC ACTION:
Approval to advertise for bids for perimeter fence maintenance, repair & modification on January
23, 2019.
CONTRACT/AGREEMENT CHANGES:
New one-year agreement with two (2) one-year renewal options.
STAFF RECOMMENDATION: Approval.
DOCUMENTATION:
KWIA - Island Fence agreement
FINANCIAL IMPACT:
Effective Date: 05/18/2019
Expiration Date: 5/17/2020
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Total Dollar Value of Contract: Lead Crewman $25.00/hr., Helper $20.00/hr. and cost of
material plus 10% markup.
Total Cost to County: N/A
Current Year Portion:
Budgeted: Yes
Source of Funds: Airport Fund 404 (50%) and FDOT Grants (50%)
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: no If yes, amount:
Grant:
County Match:
Insurance Required:
Additional Details:
REVIEWED BY:
Beth Leto Completed 04/24/2019 1:34 PM
Richard Strickland Skipped 04/24/2019 1:30 PM
Patricia Eables Completed 04/30/2019 3:59 PM
Budget and Finance Completed 05/02/2019 8:08 AM
Maria Slavik Completed 05/02/2019 12:24 PM
Kathy Peters Completed 05/02/2019 12:33 PM
Board of County Commissioners Pending 05/22/2019 9:00 AM
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C.11.a
AGREEMENT
PERIMETER FENCE MAINTENANCE, REPAIR& MODIFICATION
KEY WEST INTERATIONAL AIRPORT
This Agreement is made and entered into this 22nd day of May, 2019, between
MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and GOC, Inc. d/b/a Island
Fence ("CONTRACTOR"), a Florida corporation, whose address is 1109 171h Terrace, Key
West, Florida 33040.
WHEREAS, COUNTY desires to have a service provider on call and available to
perform emergency and non-emergency perimeter fence maintenance, repairs & modifications
at Key West International Airport; and
WHEREAS, CONTRACTOR desires and is able to provide emergency and non- _
emergency perimeter fence maintenance, repairs & modifications at Key West International 0
Airport; and
WHEREAS, it serves the best interests of the public to maintain a secure perimeter at
Key West International Airport, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT as
The Agreement consists of this document, the bid documents, exhibits, and any addenda
only.
2. SCOPE OF THE WORK
A. Routine repairs, modifications and requested maintenance of all perimeter
fencing at Key West International Airport.
B. Emergency repairs and/or modifications of perimeter fencing at Key West
International Airport. The CONTRACTOR shall be available 24 hours per day, 365 days per
year. The CONTRACTOR shall be at the site of a required fence repair/modification within
three (3) hours of verbal or written notification by the COUNTY. The CONTRACTOR shall
provide an after hours contact person and phone number. The COUNTY, upon award of the
contract, shall provide a contact person and phone number for building and equipment access.
C. The CONTRACTOR shall have access to a supply of all parts and materials
normally necessary for the emergency repairs and/or modifications of perimeter fencing at Key
West International Airport so that such emergency repairs and/or modifications will be
completed within 48 hours of notification by the COUNTY.
D. The COUNTY shall reimburse the CONTRACTOR for the Manufacturer's
invoice cost of all parts and materials (except freight, tax, services supplied by others and
equipment rental), plus percentage indicated in section 3D. below, that is used in the
maintenance, repair or modification of perimeter fencing at Key West International Airport.
Manufacturer's invoice must accompany all requests for payment. All parts and materials shall
be of equal or greater quality as compared to existing parts and materials in use.
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E. On all orders that require shipping or transportation of parts or materials whether
the part is under warranty or not, freight invoices must accompany requests for payment.
3. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
B. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by COUNTY and upon
submission of invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, at completion of the work/repair by the
CONTRACTOR and approval by an appropriate COUNTY representative. 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.
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D. COUNTY shall pay the actual cost of parts and materials, excluding freight
equipment rental, tax amounts, and services supplied by others purchased from the �.
manufacturer plus 10_% to fulfill the obligations of the Contract. Freight, equipment rental,
tax amounts, equipment rental amounts and services supplied by others shall be reimbursed for
amounts charged. A manufacturer's invoice must accompany all requests for payment. Freight
invoices must accompany all orders that require shipping or transportation of parts whether the
part is under warranty or not.
E. The cost of labor used by the contractor to fulfill the obligation of the Contract
will be calculated using the unit prices set forth in the Contractor's bid as follows:
Labor— Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays:
$25.00 per hour, fence installer/lead crewman
$20.00 per hour, fence Installer/helper
Overtime rate for hours other than the normal working hours as stated
above, including holidays:
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$25.00 per hour, fence installer/lead crewman
$20.00 per hour, fence Installer/helper
Such costs must be documented for each maintenance, repair and/or modification job and
included with all Applications for Payment.
Contractor shall submit with all invoices the Application for Payment form attached.
There are no additional costs for travel, mileage, meals, or lodging.
4. TERM OF AGREEMENT
This Agreement shall commence on May 18, 2019 and ends upon May 17, 2020 unless
terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional
two (2) one-year periods at terms and conditions mutually agreeable to the parties, exercisable
upon written notice given at least 30 days prior to the end of the initial term. Unless the context
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clearly indicates otherwise, references to the "term" of this Agreement shall mean the initial
term of one (1) year.
The Contract amount may be adjusted annually in accordance with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban
Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous
calendar year using the most recently published indicator.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses shall be submitted to the COUNTY upon execution
of this Agreement.
6. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles 0
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
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authorized by this Agreement, the CONTRACTOR shall repay the monies together with
interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to
CONTRACTOR.
7. 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 copied within a reasonable time
at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law.
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(3) 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 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 (305) 292-3470
8. HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's
elected and appointed officers and employees harmless from and against(i) any claims, actions
or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or
other proceedings relating to an type of injury (including death), loss damage, fine, penalty or
business interruption, and (iii) any costs or expenses that may be asserted against, initiated with
respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any
activity of CONTRACTOR or any of its employees, agents, sub-contractors or other invitees
during the term of this AGREEMENT, (B) the negligence or willful misconduct of
CONTRACTOR or any of its employees, agents, sub-contractors or other invitees, or (C)
CONTRACTOR's default in respect of any of the obligations that it undertakes under the terms
of this AGREEMENT, except to the extent the claims, actions, causes of action, litigation,
proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of
the COUNTY or any of its employees, agents, contractors or invitees (other than
CONTRACTOR). Insofar as the claims, actions, causes of action, litigation, proceedings, costs
or expenses relate to events or circumstances that occur during the term of this AGREEMENT,
this section will survive the expiration of the term of this AGREEMENT or any earlier
termination of this AGREEMENT.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply
with the requirements of this section shall be cause for immediate termination of this
agreement.
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Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at minimum statutory limits as required by
Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less
than $100,000.00 per occurrence, combined single limit for Bodily Injury Liability and
Property Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles,
and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of
liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability. 0
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a provision that not less than thirty
(30) calendar days' written notice shall be provided to the COUNTY before any policy or
coverage is canceled or restricted. The underwriter of such insurance shall be qualified to do E
business in the State of Florida. If requested by the County Administrator, the insurance
coverage shall be primary insurance with respect to the COUNTY, its officials, employees,
agents and volunteers.
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNTY and CONTRACTOR in this Agreement and the acquisition of any commercial a
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any Agreement entered into by the COUNTY be required to contain any provision for
waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find CONTRACTOR or any
of his employees, subcontractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
11. NONDISCRIMINATION
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
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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 and COUNTY agree to comply with all Federal and Florida statutes, and all
local ordinances, as applicable, relating to nondiscrimination. These include but are not limited
to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination in
employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the
Education Amendment of 1972, as amended (20 USC 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.3601 et seq.), as amended, relating to 0
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 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, disability,
national origin, ancestry, sexual orientation, gender identity or expression, familial status or E
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age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may
apply to the parties hereto, or the subject matter of, this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County and CONTRACTOR, which approval shall be subject to
such conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or sub shall
comply with all of the provisions of this agreement. Unless expressly provided for therein,
such approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules and regulations pertaining to,
or regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the
Federal and State government. Any violation of said statutes, ordinances, rules and regulations
shall constitute a material breach of this agreement and shall entitle the Board to terminate this
Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with
these specifications throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently
have no interest and shall acquire no interest, either direct or indirect, which would conflict in
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any manner with the performance of services required by this contract, as provided in Sect.
112.311, et. seq., Florida Statutes. COUNTY agrees that officers and employees of the
COUNTY recognize and will be required to comply with the standards of conduct for public
officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship;
and disclosure or use of certain information.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all
programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends,
supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall
apply whether or not such program is required by statute, as a condition of probation, or is
provided on a voluntary basis.
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. E
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. CONTRACTOR further warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms of this contract.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY: FOR CONTRACTOR:
Richard Strickland, Director of Airports Danny Galvan
Key West International Airport GOC, Inc. d/b/a Island Fence
3491 South Roosevelt Blvd. 1109 17th Terrace
Key West, Fl. 33040 Key West, FL 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying
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sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is
CONTRACTOR authorized to use the COUNTY'S Tax Exemption Number in securing such
materials. CONTRACTOR shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
18. TERMINATION
A. The COUNTY or CONTRACTOR may terminate this Agreement for cause with
seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of
either party to perform the obligations enumerated under this Agreement.
B. Either of the parties hereto may cancel this agreement without cause by giving
the other party sixty (60) days written notice of its intention to do so.
19. GOVERNING LAW, VENUE, INTERPRETATION, COSTS,AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the
State of Florida applicable to Agreements made and to be performed entirely in the State. In the
event that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in 0
the appropriate court or before the appropriate administrative body in Monroe County, Florida. �.
20. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the issue E
shall be submitted to mediation prior to the institution of any other administrative or legal
proceeding. Mediation proceedings initiated and conducted pursuant to this Agreement shall be
in accordance with the Florida Rules of Civil Procedure and usual and customary procedures
required by the circuit court of Monroe County.
21. 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.
22. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's
fees and attorney's fees, in appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of COUNTY and
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CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
24. 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.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal representatives, �.
successors, and assigns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and E
performance of this Agreement have been duly authorized by all necessary COUNTY and 0
corporate action, as required by law.
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27. 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.
28. 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.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law except
to the extent of actual and timely performance thereof by any participating entity, in which case
the performance may be offered in satisfaction of the obligation or responsibility. Further, this
Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
30. NON-RELIANCE BY NON-PARTIES
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38. ANNUAL APPROPRIATION
t lie County's performance and obligation to pay under this agreement is contingent
upon an annual appropriation by the Board of County Commissioners. In the event that the
County funds on which this Agreement is dependent are withdrawn, this Agreement is
terminated and the County has no further obligation under the to of this Agreement to the
Contractor beyond that already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date first written above in four(4) counterparts, each of which shall,
without proof or accounting for the other counterparts, be deemed an original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By:
Deputy Clerk Mayor
Date:
Witnesses for CONTRACTOR:
E
ignature of person authorized to
Signature legally bind, Q :boon
Date:
Date Print Name
Addressl U0,9J.7"'Te a e,_Ke ,KqstFL
,_
33040
Signature
305-509-3375
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Telephone Number
Date
)FtNEY
�OXIAD
E lo J ER
D"u j ERCA00
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ASSISTANT.,,
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C.11.a
APPLICATION FOR PAYMENT DETAILS
DATE:
ARRIVAL TIME: DEPARTURE TIME:
LOCATION:
PARTS AND MATERIALS COSTS
ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL
1
2
3
4
5
PARTS &MATERIALS SUB-TOTAL
%INCREASE ON ABOVE PARTS, MATERIALS .�
FREIGHT CHARGE
as
TAX CHARGES
PARTS &MATERIALS TOTAL $
LABOR AND EQUIPMENT COSTS _
HOURS @ $ SUB-TOTAL $
HOURS @ $ SUB-TOTAL $
LABOR& EQUIPMENT TOTAL
$
TOTAL
DESCRIPTION OF WORK
Date Authorized Signature/Title
* Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts,materials &
Refrigerants, freight for transportation/shipping costs, equipment rental amounts and services supplied by
others.
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C.11.a
PERIMETER FENCE MAINTENANCE,REPAIR& MODIFICATION
DANIEL GALVAN
ISLAND FENCE
1109 17TH TERRACE
KEY WEST FL. 33040
305-509-3375
ISLANDFENCE33040@GMAIL.COM
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GENERAL INFORMATION
1. DANIEL GALVAN 100%
2. DANIEL GALVAN PRESIDENT
3. ISLAND FENCE 2006 EST. PROVIDING SERVICES SINCE 1999
4. ISLAND FENCE 2006 ,13 YEARS CURRENT , PREVIOUS WAS GO FENCE EST 2000
5. N/A
6. TOPPINOS, TYLER BETHAL, JASON BOGOEFF, RAYMOND VAZQUEZ, RANDY
STERLING
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7. MASTER HALCO MIAMI FENCE , FENCE CITY , AMERICAN EXPRESS, DISCOVER,
FIRST STATE BANK
8. 1 HAVE BEEN DOING AND HAVE THE CURRENT CONTRACT WITH KEY WEST
INTERNATIONAL AIRPORT HAVE BEEN IN GOOD STANDINGS , PLUS HAVE BEEN DOING
FENCING IN THE KEYS FOR 20 YEARS E
9. MY COSTUMERS COME FIRST , I DO MY BEST IN TRYING TO PRESERVE WHAT I CAN
10. COSTUMERS COME FIRST I AM ALL ABOUT COSTUMER SERVICE
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PAST PERFORMANCE ON SIMILAR PROJECTS
1. TOPPINOS 129 TOPPINO INDUSTRIAL DR., KEY WEST FL. 33040 305-296-5606
THROUGHOUT THE KEYS , VARIOUS TYPES OF FENCE
2. KEY WEST INTERNATIONAL AIRPORT
ACTIVE CONTRACT HOLDER
3. AQUADUCT AUTHORITY
THROUGHOUT THE KEYS VARIOUS TYPES OF FENCE
4. CITY OF KEY WEST
THROUGHOUT THE CITY , VARIOUS TYPES OF FENCE
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MAINTENANCE
I HAVE THE CURRENT CONTRACT I AM AVAILABLE AS I HAVE BEEN 2417. 1 CAN
RESPOND AND HAVE AND WILL REPOND TO ANY AND ALL EMERGENCY. I AM BASED
OUT OF KEY WEST AND CAN REPOND ANY TIME. I HAVE DONE MANY JOBS
THROUGHOUT THE NITE IN AREAS THAT COULD NOT OTHER WISE BE FENCED OFF .
MU CURRENT CREW AND MY SELF ARE SUPER FAMILIAR WITH SITE AS WE
CURRENTLY FENCED OFF THE THE AIRPORT.
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LITIGATION
A. NO
B. NO
C. NO
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COUNTY FORMS AND LISCENSES
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SECTION
BID DOCUMENTS
BID TO: MONROE COUNTY BOARD OF COUNTY COMM .
C/O PURCHASINGDEPARTMENT
GATO BUILDING -
EE
KEY WEST,FLORIDA
r7
e undersigned, vi carefully examined the work, specifications, bid documents, and
addenda thereto and other Contract Documents for the services o :
PERIMETER E E,REPAIR & MODIFICATION
KEY WEST INTERNATIONALAIRPORT
MONROE COUNTY,FL
And having become familiar with all local conditions including labor affecting the cost thereof,
and having familiarized himself with material availability, Federal, State, and Local laws,
ordinances, rules and regulations affecting performance of the work, does hereby propose to 0
repair, modify and maintainthe fencing at Key West International i ort, and all incidentals
necessary to perform and complete said work in a workman-like manner, in conformance with
specifications, and other contract documents including addenda issued thereto.
1. Labor — normal working hours of : 0 a.m. to 5:00Mondy rou Friday, r_
excluding oli ays: U)
PRICE:BID II
BID PRICE: HOUR, FENCE INSTALLER/HELPER
. Labor — overtime rate for hours other than normal working hours stated above,
including holidays:
BID PRICE:: R, FENCE INSTALLERALEAD CREWMAN
BID RICE: I HOUR, INSTALL
3. Materials— plies and Replacement arts:
BID I Manufacturer's Invoice plus %
. There are no additional costs for travel, mileage, meals, or lodging.
acknowledge receipt of Addenda No. (s)
have included the Bid which includes
I. Bid Form
. Non-Collusion Affidavit
3. Lobbying and Conflict of Interest Clause Form
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IC.11.a
4. Drug Free Workplace Form
5. Public Entity Crime Statement 67
6. Local Preference Form
In addition, I have included
7. Current copy of Contractor's License
8. Copy of Monroe County Business Tax Receipt
9. Insurance Agents Statement ---
10. Bidder's\Respondent's Insurance& Indemnification Statement
11. All requirements as stated in the Instruction to Bidders, Paragraph 4.
[Check mark items abovp,as a reminder that th
ailing Address: 1 Telephone:
VrN, LA)E-S-1- M— --2�240 Fax:
-7
Date:
S.Witne;Signed: S�
(Seal
VA"
Print Name D)-Icr le wmwHUDALOT
My COMMISSION 11 FF 952869
Title EXPIRES:January21,2020
Notary Public Underwriters10--R Bonded Thlu
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LOBBYING AND CONFLICT OF INTEREST FORM
SWORN STATEMENT UNDER ORDINANCE NO 10-1990
M _NROE C UNTY. FLORIDA
ETHICS CLAUSE
:DI—a'YK4-2.1 warrants that he/it has not employed, retained or
otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of
Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.
10-1990. For breach or violation of this provision the County may,in its discretion,terminate this
contract without liability and may also, in its discretion, deduct from the contract or purchase price,or
otherwise recover,the full amount of any fee,commission,percentage,gift, or consideration paid to the
former County officer or employee.
(signature)
STATE OF
COUNTY OF
PERSONALLY PPEARED BEFORE ME,the undersigned authority,
who,after first being sworn by me,, affixed his/her signature
(name of individual signing)in the space provided above on this day of
20 1 ....
NOTARY PUBLIC
y commission expires:
nARAVYHUDALOVA
e MY COMMISSION 9 FF 952869
�., AlEXPIRES:January 21,2020
OMB-MCP F® #4Ad Bonded Thru Notary Public Underwriters
3-4
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C.11.a
NON-COLLUSION AFFEDAVIT
I, �gel t of the city of
according to law on my oath,and under penalt of perjury,depose and say that:
J
1. I am v
of the firm of ." a c"-/ CGc C-�—
the bidder making the Proposal for the project described in the Notice for Calling for bids for:
e �'' ae ..>, cc rr c,/ m
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 t j
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 arty competitor,and .�
4. no attempt has been made or will be made b the bidder to induce an other E
y person, partnership or
corporation to submit,or not to submit,a bid for the purpose of restricting competition; 0
I-
cm
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.
ignature of Bidder) (Date)
STATE OF: r
COUNTY OF:
PERSONALLY APPEARED BEFORE ME,the undersigned authority,
who, after first be' sworn by me, ( me of i tdividual signing) a ed his/her signature in the
space provided above on this day of 1mm 20�
NOTARY BLIC
r nARA WMUDN,OYA
s
M Commission E.Yp rres MY COMMISSION d FF 952869
EXPIRES:Janu
BR,t��•'
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C.11.a
DRUG-F:REE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
1 '
(Name of Business)
1.Publish a statement notifying employees that the unlawful manufacture,distribution,dispensing, possession,or
e 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
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 frilly with the above requirements. 0
Bidder's Signaturme
c�
ate
OMB-MCP#5
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LOCAL PREFERENCE FORM
A. Vendors claiming a local preference according to Ordinance 023-2009 must complete this
form. \ (�
Name of Bidder/Responder 1. l Date: --t
1. Does the vendor have a valid receipt for the business tax paid to the Monroe County Tax
Collector dated at least one year prior to the notice or request for bid or proposal?
(Please furnish copy. )
2. Does the vendor have a physical business address located within Monroe County from which
the vendor operates or performs business on a day to day basis that is a substantial component
of the goods or services being offered to Monroe County?
List Address: I Te"-�C' I��� t FL-
�s
Telephone Number:
B. Does the vendor/prime contractor intend to subcontract 50%or more of the goods, services
or cons ruction to local businesses meeting the criteria above as to licensing and location?
Ki
If yes, please provide:
1. Copy of Receipt of the business tax paid to the Monroe County Tax Collector by the
subcontractor dated at least one year prior to the notice or request for bid or proposal.
2. Subcontractor Address within Monroe County from which the subcontractor operates:
3 Tel. Number
c C,rPrint E
Name: ® ed
ignatu a and Title of Authorized Signatory for
Bidder/Responder
STATE OF- t%.. ...........
__m ......
COUNTY OF . WVW �....n..._. a .._.....
On this day of "' 20 _m, before me, the undersigned notary public, personally
appeared known to me to be the person whose name is
subscribed above or who produced_ as
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identification, and acknowledged that he/she is the person who executed the above Local
Pr a ce For f r t purposes therein contained.
Notary Public
Print Name
S;® OVA
My commission expires:,°' ?, a ,® v COMMISSION OFF
.: 952*9
EXPIRES:January 21,2020
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C.11.a
Bidder's/Respondent's Insurance and Indemnification Statement
Insurance Reauirement Reauired Limits
Worker's Compensation Statutory Limits
Employer's Liability $100,000/$500,000/$100,000
General Liability $300,000 Combined Single Limit or
$100,000/$300,000/$50,000
Vehicle Liability $100,000 Combined Single Limit or
$50,000/$100,000/$25,000
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER'S COMP 'NSATION.
INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor
shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and �-
employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation,
administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury
(including death),loss,damage,fine,penalty or business interruption,and(iii)any costs or expenses that may
be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with,(A)any activity of CONTRACTOR or any of its employees,agents,sub-contractors or other
invitees during the term of this AGREEMENT, (B)the negligence or willful misconduct of CONTRACTOR
or any of its employees, agents, sub-contractors or other invitees, or(C) CONTRACTOR's default in respect
of any of the obligations that it undertakes under the terms of this AGREEMENT, except to the extent the
claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole 1-
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 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 service 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.
The first ten dollars ($10.00)of remuneration paid to the Contractor 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 Contract.
BIDDER'S/RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
a�2
Bidder/Respondent Signature
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INSURANCE AGENT'S STATEMENT
I have reviewed the above requirements with the responder named below. The following deductibles apply
to the corresponding policy.
POLICY DEDUCTIBLES
PQl
Liability policies are _Occurrence Claims Made
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00W
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_ .. _ Insurance Agency . . _ Signature m ...�, ...
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Print Name:, w . �Ak
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PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to
public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with
any public entity in excess of the threshold amount provided in Section 287.017, Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
I have read the above and state that neither -b A- (,;L - 0-,A Vim(
(Proposer's name) nor any Affiliate has been placed on the convicted vendor list within the last
36 months.
�s
(Signature)
Date: __
STATE OF: N(
COUNTY OF:
S scribed and sworn to or affirmed before me on the day of
( ) � Y
C , 20 by (name of-. _..._ 1 .-. _.m.... .... ,.,., _ .mmm _ w._.
affiant). He/She is yersonally *known to me or has produced
(type of identification) as
identification.
My
NOTARY PI. LIC
I�RAVYHLIDALOVA
` = MY COMMISSION#FF 952969
�, g= EXPIRES:January 21,2020
Bonded Thru Notary Public underwriters
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2018 / 2019
MONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2019
RECEIPT# 30140-100850
Business Name: ISLAND FENCE
CTY
Owner Name: DANIEL GALVAN Business Location: MOKEY WEST, FL 33040
Mailing Address:
1109 17TH TERR Business Phone: 305-509-3375
KEY WEST, FL 33040 Business Type: CONTRACTOR(FENCE ERECTOR)
Employees 5
COMP CARD: SP 3599
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Paid
0
20.00 0.00 20.00 0.00 0.00 0 00 20.00
Paid 102-17-00006708 07/05/2018 20.00
E
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING U_
AND ZONING REQUIREMENTS,
E
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2019
Business Name: ISLAND FENCE RECEIPT# 30140-100850
MO Cly
Business Location: KEY WEST, FL 33040
Owner Name: DANIEL GALVAN
Mailing Address: Business Phone: 305-509-3375
1109 17TH TERR Business Type: CONTRACTOR(FENCE ERECTOR)
KEY WEST, FL 33040
Employees 5
COMP CARD: SP 3599
Tax Amount I Transfer Fee I Sub-Total Penalty Prior Years collection Cost iTotal Paid
I
20.001 0.001 ...........20.00
0.±00 0.00_1 0.00 1 0.001 20.00
Paid 102-17-00006708 07/05/2018 20.00 1 Packet Pg. 306
C.11.a
APPLICATION FOR PAYMENT DETAILS
DATE:
ARRIVAL TIME: DEPARTURE TIME:
LOCATION:
PARTS AND MATERIALS COSTS
ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL
1
2
3
4
5
PARTS &MATERIALS SUB-TOTAL
%INCREASE ON ABOVE PARTS, MATERIALS .�
FREIGHT CHARGE
as
TAX CHARGES
PARTS &MATERIALS TOTAL $
LABOR AND EQUIPMENT COSTS _
HOURS @ $ SUB-TOTAL $
HOURS @ $ SUB-TOTAL $
LABOR& EQUIPMENT TOTAL
$
TOTAL
DESCRIPTION OF WORK
Date Authorized Signature/Title
* Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts,materials &
Refrigerants, freight for transportation/shipping costs, equipment rental amounts and services supplied by
others.
12
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