Item D30 D.30
J �� BOARD OF COUNTY COMMISSIONERS
County of Monroe ire �f �r�l � � Mayor Heather Carruthers,District 3
The Florida.Keys Mayor Pro Tem Michelle Coldiron,District 2
Craig Cates,District I
David Rice,District 4
Sylvia J.Murphy,District 5
County Commission Meeting
April 15, 2020
Agenda Item Number: D.30
Agenda Item Summary #6709
BULK ITEM: Yes DEPARTMENT: Airports
TIME APPROXIMATE: STAFF CONTACT: Richard Strickland (305) 809-5200
N/A
AGENDA ITEM WORDING: Ratification of approval to award bid and execute contract with
D.L. Porter Constructors, Inc. in the amount of $2,931,223 for the Customs Facility — Terminal
Annex Repairs, Renovation & Equipment project at the Key West International Airport to be paid
50% from FDOT Grant AQH10 and 50% from PFC 18 and Airport Operating Fund 404.
ITEM BACKGROUND: On January 29, 2020, the County Purchasing Department received
and opened two bids for the project (Base Bid plus bid additive alternates 1-4), as follows: DL
Porter in the amount of$3,756,004 and Critical Path Services, Inc. in the amount of$4,223,154.
Per County policy, the Director of Airports along with the Airport's Consultants (McFarland
Johnson and AVCON) conducted a series of Value Engineering discussions with the low bidder,
D.L. Porter, to reduce project costs to better align the project with available Airport funding.
With various items reworked or removed from the original scope of work, the final negotiated
price is $2,931,223.00.
Note: Execution of this contract was time sensitive; due to the cancellation of the BOCC 3/18/20
meeting, the contract was executed by the County Administrator's designee and is being
presented for ratification by the Board.
PREVIOUS RELEVANT BOCC ACTION: Approval of original FDOT Grant AQH10 on
February 19, 2012; Supplemental Joint Participation Agreement (SJPA) 41 on February 18,
2015; SJPA42 on November 17, 2015; SJPA43 on October 19, 2016; SJPA 44 on October 18,
2017, and Revised SJPA 45 on December 19, 2018. Granted approval to advertise the current
Customs Repair& Renovation project on May 22, 2019.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
DL Porter - EYW Customs Facility EXECUTED 3 3120 REV
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FINANCIAL IMPACT:
Effective Date: Notice to Proceed(NTP)
Expiration Date: 300 days after NTP
Total Dollar Value of Contract: $2,931,223.00
Total Cost to County: $-0-
Current Year Portion:
Budgeted: Yes
Source of Funds: 50% FDOT Grant and 50%PFC 18 and Airport Operating Fund 404
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: Yes
Additional Details:
04/15/20 404-630169 - FDOT4AQH10 KW CUSTOMS $2,931,223.00
REVIEWED BY:
Beth Leto Completed 03/09/2020 3:37 PM
Richard Strickland Skipped 03/09/2020 3:35 PM
Pedro Mercado Completed 03/09/2020 3:39 PM
Budget and Finance Completed 03/10/2020 8:05 AM
Maria Slavik Completed 03/10/2020 8:49 AM
Kathy Peters Completed 03/10/2020 10:26 AM
Board of County Commissioners Completed 03/18/2020 9:00 AM
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BUDGET AND FINANCE
PURCHASING DEPARTMENT
TABULATION SHEET
OPEN DATE: JA UA Y29, 2020 AT :00 P
TITLE: CUSTOMS FACILITIES TERMINAL ANNEX REPAIRS RENOVATION & EQUIPMENT KEY
WEST INTERNATIONAL AIRPORT
ONOE COUNTY, FLORIDA
RESPONDENT BID BOND BID AMOUNT
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Critical Path 5% Base Bid: $3,174,618.00
Additive Alternates: $1,048,536.00 9
Bid Total: 4 223 154.00
DL Porter Constructors, Inc. 5% Base Bid: $2,783,946.00
Additive Alternates: $972,058.00
Bid Total: 3 756 004.00
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Bed Committee Present. N/A
Members of the Public Present:Heimrich Herzog(Critical Path),Robert Blanchard(bL Porter).Jahn Maf era(McFarland Johnson) ns
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I hereby certify that this is a true and correct copy of said bid opening and that all bidders listed above have been checked against the
State of Florida Convicted A Suspended Vendor listings. All bids listed above were received by the date and time specified. y
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Bid Open By: Lisa Abreu,purchasing Coordinator
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CONTRACT
Customs Facility-Terminal Annex Repairs, Renovation &Equipment
Key West International Airport
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THIS AGREEMENT made and entered into the "_day of44&i� ,2i20
by and between D.L. Porter Constructors, Inc., Contractor, and the Monroe County Board of
Commissioners, Key West, Florida, Owner.
WITNESSETH:
That the Contractor, for the consideration hereinafter fully set out hereby agrees with the -
Owner as follows:
1. That the Contractor, shall furnish all the materials, and perform all of the work in the
manner and form as provided by the following enumerated documents; Instruction to '✓
Bidders, Form of Proposal, General Provisions, Special Provisions, Technical'
Specifications, Form of Contract, Form of Bond, Drawings and Addenda, which are
attached hereto and made a part hereof, as if fully contained herein, for the construction
of: �
Customs Facility-Terminal Annex Repairs, Renovation & Equipment
Key West International Airport
Monroe County, Florida
2. That the Contractor shall commence the work to be performed under this agreement on
a date to be specified In a written Notice-to-Proceed (Construction)issued by the Owner
and shall fully complete all work hereunder within three hundred (300) calendar days
from the Notice-to-Proceed (Construction) as per Special Provision No. 2. Lu
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3. The Owner hereby agrees to pay to the Contractor for the faithfuls performance of the
agreement, subject to additions and deductions as provided in the specifications or
proposal in lawful money of the United States as follows:
A lump sum of Two Million Nine Hundred ThFrt -One Thousand Two Hundred c
Twenty-Three Dollars (52,931,223.00). Partial payments will be made at least once
each month as the work progresses. Said payments will be based upon estimates
prepared by the Engineer of the value of the work performed and materials complete In �-
place in accordance with the contract, plans, and specifications.
4. On or before the 15th day of each calendar month, the second party shall make partial
payment to the Contractor on the basis of a duly certified and approved estimate of work CL
performed during the preceding calendar month by the Contractor, less ten percent
(10%) of the amount of such estimate which is to be retained by the Owner until all
work has been performed strictly in accordance with this agreement.
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5. 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.
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C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk, on a MONTHLY schedule in arrears. 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. >-
6. It is mutually agreed between the parties hereto that time is of the essence in this
contract and in the event the construction of the work is not completed within the time
herein specl0ed, it is agreed that from the compensation otherwise to be paid to
the Contractor, the Owner may retain the amounts described in the Liquidated
Damages, Special Provision No. 3, per day for each day thereafter, Sundays and
holidays included, that the work remains uncompleted, which sum shall represent the —
actual damages which the Owner will have sustained per day by failure of the
Contractor to complete the work within the time stipulated and this sum is not a
penalty being the stipulated damages the Owner will have sustained in the event g
of such default by the Contractor.
7. It is further mutually agreed between the parties hereto that if at any time after the
execution of this agreement and the surety bond hereto attached for its faithful
performance, the Owner shall deem the surety or sureties upon such bond to be
unsatisfactory, or if, for any reason, such bond ceases to be adequate to cover the
performance of the work, the Contractor shall, at its expense within five (5) days after
the receipt of notice from the Owner so to do, furnish an additional bond or
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bonds in such form and amount and with such surety or sureties as shall be
satisfactory to the Owner. In such event, no further payment to the Contractor shall be
deemed to be due under this agreement until such new or additional security for theLU
faithful performance of the work shall be furnished in manner and form satisfactory to LU
the Owner.
8. MAINTENANCE OF RECORDS: Contractor shall maintain all books, records and
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documents directly pertinent to performance under this Agreement in accordance with E
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.
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9. PUBLIC ACCESS. 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 CL
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 >-
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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.
(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 E
duplicate public records that are exempt or confidential and exempt from public records y
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.
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(5) A request to inspect or copy public records relating to a County contract must be CL
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.
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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.
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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.
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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,
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S
OFFICE, 1111 12th STREET, SUITE 408, KEY WEST, FL 33040.
10. HOLD HARMLESS AND INSURANCE: Notwithstanding any minimum insurance
requirements prescribed elsewhere in this agreement, Contractor shall defend, g
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 (including, without limitation, costs of N
remediation and costs of additional security measures that the Federal Aviation
Administration, the Transportation Security Administration or any other governmental
agency requires by reason of, or in connection with a violation of any federal law or
regulation, attorneys' fees and costs, court costs, tines and penalties) that may beLU
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, LU
agents, contractors or other Invitees on the Airport during the term of this Agreement, LU
(B) the negligence or willful misconduct of Contractor or any of its employees, agents,
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 y
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 LU
Agreement.
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In the event the completion of the project (including the work of others) is delayed or CL
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.
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The first ten ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for above.
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 c
qualified to do business in the State of Florida. If requested by the County Administrator, 0.
the insurance coverage shall be primary insurance with respect to the COUNTY, its
officials, employees, agents and volunteers. Failure of CONTRACTOR to comply with
the requirements of this section shall be cause for immediate termination of this >_
agreement. LU
11. NON-WAIVER OF IMMUNITY: Notwithstanding the provisions of Sec. 768.28, Florida
Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the
acquisition of any commercial liability insurance coverage, self-insurance coverage, or
local government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any Agreement entered into by the
COUNTY be required to contain any provision for waiver. '✓
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12. 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.
13. 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:
Director of Airports County Attorney's Office
3491 South Roosevelt Blvd. AND 1111 121h. Street, Suite 408
Key West, Florida 33040 Key West, Florida 33040
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FOR CONTRACTOR:
D.L. Porter Constructors, Inc.
6574 Palmer Park Circle
Sarasota, FL 34238
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14. GOVERNING LAW VENUE., AND INTERPRETATION: 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 enforce m en t
or interpretation of this Agreement, the COUNTY and CONTRACTOR _
agree that venue will lie In the appropriate court or before the appropriate administrative
body in Monroe COUNTY, Florida.
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15. MEDIATION: The COUNTY and CONTRACTOR agree that, in the event of conflicting
interpretations of the terms or a term of this Agreement by or between any of them the
issue shall be submitted to mediation prior to the institution of any other administrative
or legal proceeding. Mediation proceedings initiated and conducted pursuant to thisLU
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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.
16. 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 g
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.
17. 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 e-
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.
18. 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 COUNTY E
and CONTRACTOR. If no resolution can be agreed upon within 30 days after the first c
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. ,
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19. 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. c
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20. 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.
21. 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.
22. 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 2
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.
23. 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 e—
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.
24. 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 E
contemplated hereunder, and the COUNTY and the CONTRACTOR agree that c
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 individual s,°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.
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25. NO PERSONAL LIABILITY: No covenant or agreement contained herein shall be CL
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.
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26. 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 COUNTY and
CONTRACTOR hereto may execute this Agreement by signing any such counterpart.
24. NONDISCRIMINATION. The parties 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 CL
court order. The parties 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 prohibit �-
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§§ 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 § 794), which prohibits
discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as
amended (42 USC §§ 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) .2
The Public Health Service Act of 1912, §§523 and 527(42 USC§§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§§ 3601 et seq.), as amended, relating
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to nondiscrimination in the sale, rental or financing of housing; 9)The Americans with
Disabilities Act of 1990 (42 USC §§ 12101), as amended from time to time, relating to
nondiscrimination in employment 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; and 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. Lu
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25. 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 the only
interest of each is to perform and receive benefits as recited in this Agreement. E
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26. 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.
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27. ETHICS CLAUSE. Contractor warrants that he/it had not employed, retained or
otherwise had act on his/its behalf any former County officer or employee subject to the
prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee
in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this
provision the County may, in its discretion, terminate this contract without liability and
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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.
28. 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.
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29. SECTION HEADINGS. Section headings have been inserted in this Agreement as a CL
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.
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30. MUTUAL REVIEW.This agreement has been carefully reviewed by Contractor and the
County,therefore this agreement is not to be construed against either party on the basis
of authorship. -
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IN WITNESS WHEREOF the parties hereto have executed this agreement on the day and
date first above written in two(2) counterparts, each of which shall, without proof or accounting
for the other counterpart, be deemed an original contract.
(SEAL) BOARD OF., NTY COMMISSIONERS
ATTEST: I A , CLERK ® F RIDA
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Deputy Clerk Mayorlair
Witnesa,es for CONTRACTOR: CONTR °-
P a-
Signature Sign of p rsor authorized to legally
bind rporatio LD
Print Name Print Name .2
Date: n e Date:
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Si inature NROE COUNTY ATTOnNEY
aOVE FORM
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Print Name PED
ASSIST N 1f ATrORNt=Y
Date Date 3/9/20
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STATE OF FLORIDA
COUNTY OF Worivvv_
On this 31 ' day of t i - , 20 3V before me, the undersigned notary public,
personally appeared ge Cnaffrri known to me to be the person LU
whose name is subscribed above or who produced as
identification, and acknowledged that he/she is the person who executed the above contract
with Monroe County for the purposes herein contained. CL
Notary Public NOTARY KISM
STATE of FLORIDA
FF
7
MJ No. 18221.02 II—Contract— 10
ADDENDUM NO. 9--DECEMBER 23, 2019
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ACORD. CERTIFICATE OF LIABILITY INSURANCE t CATE JM&PV0VnYY1
12/31120'1
THIS CERTIFICATE IS ISSUE AS A E F INFORMATION ONLY AND CONFERS O RIGHTSUPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DO S NOT AFFIRMATIVELY OR NEGATIVELY AMEND®EXTEND O ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW.THIS C RTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRE$ENTATiVE OR PRODUCER®AND THE CERTIFICATE HOLDER.
IMPORTANT:If the eertificate holder Is an ADDITIONAL INSURED®the poilcylies)must have ADDITIONAL INSURED provisions or be endorsed,
If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on
this certificate does not confer any rights to the certificate holder In lieu of such endorsement`s).
PRODUCER' ZT
NAME:
Bouchard Insurance,Inc. P IkE FAQ
l� d�:tile T27 447-6481 �N,i 727 9126T �
101 N Starcrest Dr, E
w _.r
mnaREss�certificates bauchardinsurance com Clearwater,FL 33766 0
727 447-641111INSURE 8 AFFORDING COVERAGE __NAIC NCIL
INsuRERA Coony Insuranee Co 39993
INSURED INsuRER a Travelers Exceee B Surplus Linea Co 29696
D L Porter Constructors,Inc.
INSURER c Amerisure Mutual Insurance Company 23396
6574 Palmer Park Circle
Sarasota,FL 3423 -2777 INSURER 0.Old Dominion Insurance Company 40231 >-
INSURER E:
INSURER F: '
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, O
EXCLUSIONS AND CONDRIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t
L TYPE OF INSURANCE MR WVD O e ICY NUM POLICY EFF MMM MPOLICY LIMITB
COMMERCIAL GENERAL LIABIUTY Y Y 103G501647506 011101112020 0110112021 EACH OCCURRENCE 311,000,000
OCCUR CLAIMS-MADE N _ S r
X Bl1PDDod:2600___ MEDEXPµryanepelaon) $5000
ME!___ ..�_..�_ r._ O
_ PERSONAL a ADV INJURY $1,000,000 v1
GsEN'L AGGREGATE LIMIT APPLIES PER. GENERAL AGGREGATE s 2 O0O 000
'PRO-
POLICY X`JECT X LOC PRObUCTS COMPIOP AGG S 2,OOO,DOD CL
OTHER; S
AUTOMOBILE LIABILITY Y Y 1 T3307V 1/01/2020 0110112021 COMBINED amm;i a SINGLE L MIT mn 31000,000
ANY AUTO BODILY INJURY(Per person) S CD
ALIT E ONLY AUTOS SCHEDULED SOINLYINJURY(Par 1) S
X AUTOgiS ONLY X AUTOS ONLY Per ` Y $
S
UMBRELLA LIAB OccuR Y Y U1 6 211lF 1l0112020 01l01l2021 EACH OCCURRENCE 55.000.000
X EXCESS LIAR X CLAIMS-MADE AGGREGATE s6A OOD O00
...__,
RESENT1GNs10,000 s
WORKERS PENSAnGN ._... .. 011 PER OTM. ._
C AND EMPLOYERS LIABILITY Y I M Y 20 074608 1l0112020 01181l2021 i STATUTE IER
ANY PROPR"ET ARTNE JEXE E L£ACH ACGOENT SSOO 00O
OFFICE M R EXCLUDED? Y i NIA
(Mandatory InNHJ El d5 E-EAAMPLOYEE 5600 000
a!,de '
SCRINONN OF OPERATIONS belm E L DISEASE-POi ICY LIMIT $500,,000
C LeasedlRented I 2053641103 0110112020 01101/2021 $100,000
Equipment Dad:$1,000 U)
IrN 0
DESCRIPTION OF OPERATIONS rLOCATIONS)VEHICLES(ACORD 101,Addabnal Ramaks Schedtils,may be mulch I to
Workers Camp Information"
Proprietors/PartnerslExecudve OfficerstMembers.Excluded: Illy
Gary Loor,President >-
arsh ll White,Vice-Pros WAWI y Y _ ,
ru
(See Attached Descriptions)
CERTIFICATE HOLDER CANCELLATION EL
MonroeSHO County Board of County THE UEXPIRATION DATE LD ANY OF THE VTHEREOF,ENOTTICE/WILL cBAENcDELLIVEED REED IN
E
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
1100 Simonton Street
Key West,FL 33040-0000 AUTHORIZED REPRESENTATIVE U
01988-2015 ACORD CORPORATION.All rights reserved.
ACORD 26(2016103) 1 of 2 The ACORD name and logo are registered marks of ACORD
S1196011! 1195810 MIKKO
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DESCRIPTIONS (Continued from Page 1)
Additional Insured status with respect to General Liability,Auto Liability Excess Liability per the
attached ( ).
Waiver of subrogation applies with respect to General Liability, u o Liability,Excess Llabift&Workers
Compensation er the attache for (s).
Coverage Is primaryas respects to General Liability non-contributory as subject to the terms,
conditions and exclusions of your policy.
Key West International Airport 3491 S.Roosevelt Blvd Key West,FL 33040
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