Item C45 C.45
BOARD OF COUNTY COMMSSIONERS
County of Monroe f ma Mayor Heather Carruthers,District 3
h} ] Mayor Pro Tem Michelle Coldiron,District 2
The Florida Keys Craig Cates,District 1
=E �j David Rice,District 4
`w'P•=w Sylvia J.Murphy,District 5
County Commission Meeting
October 213, 2020
Agenda Item Number: C.45
Agenda Item Summary #7471
BULK ITEM: Yes DEPARTMENT: Engineering/Roads
TIME APPROXIMATE: STAFF CONTACT: Judith Clarke (305) 295-4329
No
AGENDA ITEM WORDING: Ratification of emergency purchase from U.S. Flood Control Corp.
for flood control equipment for the Twin Lakes Subdivision in the amount of $53,602.00 and the
Stillwright Point Subdivision in the amount of$45,040.00.
ITEM BACKGROUND: In an effort to address seasonal king tides, the County under the
emergency provisions of Monroe County Code Sec. 2-347(k) and Chapter 7 B. Emergency
Purchases of the Monroe County Purchasing Policy, purchased flood prevention equipment from
U.S. Flood Control Corp. as set forth in the attached invoice. The initial order for 950 ft x 24" of
flood control equipment on Shaw Drive in the amount of$44,902 was purchased for installation on
October 2, 2020 and then it was determined that an additional 250ft x 24" in the amount of
$8,700.00 was necessary on Adam Street for a total purchase price of$53,602.00 (Both invoices are
attached' along with the Purchase Order and other supporting documentation). County staff procured
another quote for similar equipment, but it was at a higher cost then the quote with U.S. Flood
Control Corp.
County staff has also added ratification of the emergency purchase of flood control equipment from
U.S. Flood Control Corp. in the amount of $45,040.00 for the Stillwright Point Subdivision. The
justification for the purchase and the emergency memo are attached. County staff obtained an
additional quote (which attached to back-up documentation), but it is at a higher cost then the quote
from U.S. Flood Control Corp. Under the emergency provision of the code and purchasing policy
additional quotes are not required when the purchase is being made on an emergency basis. County
staff is seeking ratification of the emergency purchases in accordance with Monroe County Code and
the Purchasing Policy provisions as outlined below.
Monroe County Code Section 2-347(k)provides as follows:
(k) The board of county commissioners may dispense with the bidding provisions of this section
and contract directly for services, goods or public works in the case of an emergency.
(1) For the purposes of this section, the term "emergency" means:
a. An immediate danger to the public health or safety;
Packet Pg. 1497
C.45
b. A danger of loss of public or private property that requires immediate government
action;
c. An interruption in the delivery of an essential governmental service; or
d. A substantial risk that a funding source of a contract will be diminished or lost
because the time required to competitively award bids after the funds become
available exceeds the time within which the funding source must be spent.
(2) The mayor, or in his absence, the mayor pro tem, may waive the provisions of this
section in an emergency following a natural or manmade disaster. Such a waiver
continues until the first meeting of the board of county commissioners following the
disaster. At that meeting the board may elect to extend the waiver if the emergency so
requires.
(3) Nothing in this section may be construed to prohibit the mayor, mayor pro tem or other
county officer from directly contracting for goods and services on behalf of the county
during an emergency following a natural or manmade disaster when permitted by
statute or the terms of a state or local emergency declaration.
Monroe County Purchasing Policy
B. Emergency Purchases
The term "emergency" is as defined in Section 2-347(k)(1) of the Monroe County Code.
Purchase of commodities and services in the event of a public emergency may be obtained under
the following conditions:
1. The public emergency for the requirements will not permit a delay resulting from
competitive solicitation.
2. With respect to an emergency as defined in Section 2-347(k)(I)a.-c. of the Monroe
County Code:
PREVIOUS RELEVANT BOCC ACTION:
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Ratification of Emergency Purchase as requested.
DOCUMENTATION:
Invoices from US Flood Control Corp- Twin Lakes
US Flood Control Corp Purchase Order and supporting documentation
Emergency Purchase Memo
Copy of Monroe County Still Wright-USFC price quote for Stillwright
Emergency Purchase Memo-Stillwright-signed
Justification Memo US Flood Stillwright 10-8-2020
Portadam price quote for Stillwright
FINANCIAL IMPACT:
Effective Date: Ratification of Emergency Purchase
Packet Pg. 1498
C.45
Expiration Date: N/A
Total Dollar Value of Contract: $53,602.00
Total Cost to County: $53,602.00
Current Year Portion: $53,602.00
Budgeted: Yes
Source of Funds: Road Department
CPI: N/A
Indirect Costs: Meter & Water Cost from FKAA
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing: No If yes, amount:
Grant:
County Match:
Insurance Required: No
Additional Details:
10/21/20 102-22500 - ROAD DEPARTMENT $53,602.00
REVIEWED BY:
Judith Clarke Completed 10/06/2020 4:34 PM
Christine Limbert Completed 10/06/2020 4:51 PM
Purchasing Completed 10/06/2020 5:00 PM
Budget and Finance Completed 10/06/2020 5:02 PM
Maria Slavik Completed 10/06/2020 5:06 PM
Liz Yongue Completed 10/06/2020 5:08 PM
Board of County Commissioners Pending 10/21/2020 9:00 AM
Packet Pg. 1499
C.45.a
U.S. FLOOD CONTROL CORP. Invoice 20-227
802 Short St,Building J
Kenner, LA 70062 Date 02-Oct-20
Phone:504-235-5233
PO#21000001
Purchaser Vendor
0
Name Monroe County- Shaw Drive Name U.S. Flood Control Corp. M
Attn: Judith Clark Address 802 Short St, Building J >
City Key Largo ST FL ZIP City Kenner ST LA ZIP 70062 -
Email: Cheryl Witmer U)
Qty Units Description - 'Twin Fakes Shave Dr-950tt x 2 ," 'Tiger Dam Unit Price TOTAL
J
19 Each 2 ° x 50ft Tiger i')arns $1,650.00 $31,350.00
95 Each 24' Straps for 24ft Dams $30.00 $2,850.00 0
4 Each Fill Attachment $145.00 $580.00 E
4 Each Ball Valve $120.00 $480.00
4 Each Attachment Stand $96.00 $384.00
1 Each Siamese Splitter Connection $120.00 $120.00 0
1 Each Hydrant Connection with Ball Valve $125.00 $125.00 U.
1 Each Hydrant Wrench $50.00 $50.00 0
20 Each 50ft Double Mill Discharge Hose with Cam Locks $125.00 $2,500.00
2 Each 2" Pump - Honda Transfer $690.00 $1,380.00
6 Each 10ft Suction Hose $105.00 $630.00 L
3 Each Strainer $17.00 $51.00
1 Each Valve Tool $200.00 $200.00 v
4 Each Patch Kit $90.00 $360.00
48 Each Chocks $5.00 $240.00
38 Each Earth Anchor(2.5ft) $25.00 $950.00 E
10 Each Earth Anchor(4ft) $35.00 $350.00 ®.
1 Each 3" Pump - Honda Transfer $890.00 $890.00
1 Each Anchor Driver- Earth $910.00 $910.00
1 Each Anchor Adaptor w/Pin $52.00 $52.00
FED ID 68-0549696 1
Sub Total $44,452.00
CL
Payment Details Shipping $450.00
Q Check Tax $0.00 U
Q Cash °
0 Account No. o
Credit Card TOTAL $44,902.00 U
0
AUTHORIZED SIGNATURE OF PURCHASER UPON ACCEPTANCE OF AGREEMENT o
U.
Name: SIGNATURE: cn
DATE: E
a
v
0
E
WARNING: U.S. FLOOD CONTROL CORP. ("USFC") DOES NOT GUARANTEE OR WARRANTY THE TIGER DAMTM SYSTEM AND v
RELATED PRODUCTS IN FLOODING CONTROL OR FLUID CONTAINMENT SITUATIONS. USFC'S LIABILITY TO PURCHASER
FOR ANY SUCH USE IS HEREBY STRICTLY LIMITED. SEE PAGE TWO OF THIS DOCUMENT FOR DETAILS
Packet Pg. 1500
C.45.a
1.Purchase: Upon the execution of this Agreement by Purchaser,USFC agrees to supply and sell and Purchaser agrees to purchase,the Roduct in accordance with these terms and conditions."Product"
means the goods described in the invoice above,and this"Agreement'consists of the invoice and these terms and conditions. USFC's shipment of the Product to Purchaser pursuant to this Agree ment shall
constitute acceptance by Purchaser of this Agreement,even if this Agreement is not expressly executed by the Purchaser above. This Agreement supersedes any purchase order or other terms and
conditions issued by Purchaser at any time,and such are of no force or effect concerning the purchase and sale of Products b Purchaser.
2,Delivery,Risk of Loss and Title: USFC shall use commercially reasonable efforts to deliver the Products to Purchaser on the delivery date specified by USFC. For domestic customers,Products are
supplied to Purchaser EXW(Incoterms 2010)at the place of delivery to carrier,and Purchaser is responsible for all loading,shipping,duties and other costs from th at point. For overseas customers,Products
are supplied to Purchaser DAT(Incoterms 2010),at the inbound terminal,and USFC is responsible for all loading and shipping cost to that point. Legal title shall transfer to Purchaser upon the transfer of the 0
risk of loss pursuant to such Incoterms 2010,but USFC hereby retains a lien upon,and a reversionary interest to,all Products until Purchaser has paid USFC therefore,in full.
3.Price and Payment: Purchaser shall pay the purchase price,applicable taxes,shipping and related costs in the amount and manner specified inthis Agreement,including any deposit required by USFC. "y
Unless otherwise provided,Purchaser shall pay this invoice within thirty(30)days of receipt thereof by Purchaser. Interest shall accrue and be payable by Purchaser on any overdue and unpaid amounts at
the rate of One and a half(1.5%)percent per month,compounded,not to exceed Eighteen(18%)percent per annum,which is payable by Purchaser without the necessity of demand.
4.Warrant Disclaimer:U.S.Flood Control Corp the manufacturer of the Products.gives a limited Syear Warranty for the Products as posted at www.usfloodcontrol.com 'Warranty) USFC MAKES NO
REPRESENTATION WARRANTY OR CONDITION WITH RESPECT TO ANY PRODUCT INCLUDING WITHOUT LIMITATION.ANY AND ALL EXPRESS OR IMPLIED R PRESENTATIONS,
WARRANTIES OR CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,RELIABILITY OR INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER THIRD PERSON
RIGHTS
Y USFO OR ITS REPRESENTATIVES.AGENTSOOR TRADE,
ONTRAOCTORS OUSDFCAS ENTIRE LRIABILIITYPAND PURCHASER SO EXCLUSIVE'REMEDY,,IFOANY
ANYPDEFECT INRTHE PRODUCT WHATSOEVER, Q)
IS THE WARRANTY,AND PURCHASER HEREBY WAIVES ANY AND ALL RIGHT OF ACTION AGAINST USFC,AND RELEASES USFC FROM ANY AND ALL LIABILITY ARISING AT LAW OR UNDER
THIS AGREEMENT,RELATING THERETO,HOWSOEVER ARISING.
cri
5,Indemnification: The Purchaser is hereby liable to and agrees to indemnify,defend and hold harmless USFC and its affiliates,and each entity's respective officers,directors,employees,representatives, —
agents and contractors("USFC Parties"),from and against any and all actions,causes of actions,claims,demands,liabilities,losses,judgments,settlements,damages or expenses including legal fees and
costs on a solicitor and his own client indemnity basis("Claim")made by or awarded to any third person,which and USFC Party may at any time incur or become subject to,whether based in whole or in part
in contract,tort,negligence,breach of statute or any other theory of law,arising from any of the following: (i)death or bodily injury,or loss of or damage to real,tangible or intangible personal property, i
including data and digital information,caused or contributed to by use of a Product by,or the acts or omissions of,Purchaser or its employees,customers,contractors,representatives or agents,(ii)failure by 0
Purchaser to perform any obligations under any agreement or legal obligation it may have with or to any third person,(iii)failure by Purchaser to adhere to any applicable law or statutory or regulatory
obligation,or(iv)failure to adhere to any obligation,or the breach or incorrectness of any representation or warranty,by Purchaser under this Agreement. USFC shall promptly notify the Purchaser in writing
of any such Claim it receives and shall promptly tender to the Purchaser control of the defense of any such Claim with counsel of its choice,at Purchaser's own expense. In no event shall Purchaser
compromise or settle such Claim that in any way prejudices USFC without USFCs prior written consent in its discretion.
6.Limitation of Liability: UNDER NO CIRCUMSTANCES WILL THE USFC PARTIES OR ANY OF THEM BE LIABLE TO PURCHASER FOR ANY INDIRECT,SPECIAL,INCIDENTAL,CONTINGENT, 0
EXEMPLARY,PUNITIVE,AGGRAVATED,CONSEQUENTIAL OR EQUITABLE DAMAGES,INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL,LOSS OF ACTUAL OR ANTICIPATED PROFITS 0
OR REVENUE,FAILURE TO REALIZE EXPECTED SAVINGS,LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES,FIDUCIARY OBLIGATIONS,RESTITUTIONARY LIABILITIES OR ANY OTHER -
ECONOMIC LOSS WHATSOEVER,HOWEVER CAUSED AND WHETHER OR NOT FORESEEABLE,OR FOR CONTRIBUTION OR INDEMNITY IN RESPECT THEREOF,EVEN IF THE USFC PARTIES
OR ANY OF THEM HAVE BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES. THE ENTIRE CUMULATIVE LIABILITY OF THE 4—
USFC PARTIES,AND THE EXCLUSIVE RECOURSE OF THE PURCHASER,IN THE EVENT OF ANY CLAIM BY PURCHASER, SHALL BE LIMITED IN THE AGGREGATE(REGARDLESS OF THE 0
NUMBER OF CLAIMS)TO THE ACTUAL PROVEN DIRECT DAMAGES SUFFERED BY THE PURCHASER AND SHALL NOT EXCEED IN ANY EVENT THE AMOUNT OF THE TOTAL PURCHASE PRICE
ACTUALLY PAID BY PURCHASER TO USFC FOR THE PRODUCT FROM WHICH SUCH DAMAGE IS ALLEGED TO HAVE ARISEN. NO LEGAL ACTION OR PROCEEDING MAYBE BROUGHT BY
PURCHASER AGAINST ANY OF THE USFC PARTIES MORE THAN TWELVE(12)MONTHS AFTER THE FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED,REGARDLESS OF CU
WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO,OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY,PURCHASER. THE FOREGOING LIMITATIONS OF LIABILITY APPLY U
REGARDLESS OF THE FORM OF ACTION OR BASIS OF LIABILITY,INCLUDING WITHOUT LIMITATION STATUTE,CONTRACT,TORT,NEGLIGENCE,GROSS NEGLIGENCE,STRICT LIABILITY,
BREACH OF A FUNDAMENTAL TERM OR FUNDAMENTAL BREACH. THE LIMITATION OF LIABILITY PROVISIONS OF THIS AGREEMENT REFLECT AN INFORMED VOLUNTARY ALLOCATION OF
THE RISKS(KNOWN AND UNKNOWN)THAT MAY EXIST IN CONNECTION IMTH THE PRODUCTS AND THE PERFORMANCE BY USFC OF ITS OBLIGATIONS AND RESPONSIBILITIES AND SUCH EL
VOLUNTARY RISK ALLOCATION REPRESENTS A MATERIAL PART OF THE AGREEMENT REACHED BETWEEN PURCHASER AND USFC IN RESPECT OF THE PRODUCTS.
7,No Waiver: The failure of either party to insist upon or to enforce strict performance of any provision of this Agreement,or to exercise any right or remedy under this Agreement,will not be interpreted or
construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision,right or remedy in that or any other instance.
i
8.Assignment:USFC may assign this Agreement to a third person upon prior written notice to Purchaser. Purchaser may assign this Agreement to a third person upon IFC's prior written consent,not to be
unreasonably withheld.
9.Force Majeure: In the event of war,fire,flood,strike,labor trouble,breakage of equipment,accident,riot,acts of governmental authority,Acts of God or contingencies beyond the reasonable control of the
party affected,interfering with the then current producing,supplying,transporting,or consuming practices of the party respecting the Products,or in the event of inability to obtain on terms deemed by IFC to
be practicable any raw material(including energy source)used in connection therewith,the quantity of goods provided for in this Agreement shall be reduced by the amount so affected during the period of
such events without liability,but the Agreement shall otherwise remain unaffected USFC's decision as to what quantities are affected shall be final and binding.
10,"All sales and transactions evidenced by this invoice/agreement are deemed to have been made and accepted by the vendor in Hahnville,St,Charles Parish,Louisiana.Any dispute arising under or in CU
conjunction with this invoice/agreement,or related to any matter which is the subject of this invoice/agreement,shall be determined in accordance with the laws of the State of Louisiana,and shall be subject
to the exclusive jurisdiction of,and brought in,the Twenty-Ninth Judicial District Court of the Parish of St.Charles,State of Louisiana."
11.Severability: If any provision of this Agreement is judged by any Court of competent jurisdiction to be unenforceable or invalid,that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. CL
e
12,Contra Preferentum Disclaimer and Legal Advice: The parties hereby acknowledge and agree that this Agreement shall be construed neither against nor in favour of either party,but rather in i
accordance with the fair and purposive meaning hereof. Each party hereby acknowledges that it has had the opportunity to seek independent legal advice respecting this Agreement,that it is a sophisticated 0
contracting party,and that each provision of this Agreement is enforceable against it pursuant to its terms.
13,Entire Agreement: This Agreement sets forth the entire agreement and supersedes any and all prior agreements between the parties,or any purchase order or other terms and conditions issued by 0
Purchaser,with respect to the subject matter hereof. No amendment to this Agreement will be valid unless set forth in a written instrument signed by both parties. This Agreement may be executed in
counterparts,each of which shall be deemed to be an original,and both such counterparts when exchanged between the parties via facsimile transmission or otherwise,shall constitute one instrument.
Pursuant to Section 1,Purchaser expressly agrees that supply of the Products to Purchaser in accordance with this Agreement shall constitute acceptance by Purchaser of this Agreement. 0
0
0
U)
0
i
a—
U
Packet Pg. 1501
C.45.a
U.S. FLOOD CONTROL CORP. Invoice 20-220
802 Short St,Building J
�•, Kenner, LA 70062 Date 05-Oct-20
Phone:504-235-5233
Purchaser Vendor
Name Monroe County-Adam St Name U.S. Flood Control Corp. M
Attn: Judith Clark Address 802 Short St, Building J >
City ST ZIP City Kenner ST LA ZIP 70062 -
Email: Cheryl Witmer U)
Qty Units Description - Twin Fakes Adam St-250tt x 2 ," Tiger Dam Unit Price TOTAL
J
5 Each 2 ° x 50ft Tiger i')arns $1,650.00 $8,250.00
15 Each 24' Straps for 24ft Dams $30.00 $450.00 0
FED ID 68-0549696 cu
Sub Total $8,700.00
Payment Details Shipping in
g
Check Tax $0.00 U.
Cash "-
a
C) Account No. 4)
Credit Card TOTALI $8,700.00
2-
AUTHORIZED SIGNATURE OF PURCHASER UPON ACCEPTANCE OF AGREEMENT
Name: SIGNATURE: v
DATE:
E
Y
J
F-
WARNING: U.S. FLOOD CONTROL CORP. ("USFC") DOES NOT GUARANTEE OR WARRANTY THE TIGER DAMTM SYSTEM AND
CL
RELATED PRODUCTS IN FLOODING CONTROL OR FLUID CONTAINMENT SITUATIONS. USFC'S LIABILITY TO PURCHASER o
FOR ANY SUCH USE IS HEREBY STRICTLY LIMITED. SEE PAGE TWO OF THIS DOCUMENT FOR DETAILS
0
L-
4.4
-
0
U
0
0
U.
U)
E
0
w
d
v
0
d
E
v
Packet Pg. 1502
C.45.a
1.Purchase: Upon the execution of this Agreement by Purchaser,USFC agrees to supply and sell and Purchaser agrees to purchase,the Roduct in accordance with these terms and conditions."Product"
means the goods described in the invoice above,and this"Agreement'consists of the invoice and these terms and conditions. USFC's shipment of the Product to Purchaser pursuant to this Agree ment shall
constitute acceptance by Purchaser of this Agreement,even if this Agreement is not expressly executed by the Purchaser above. This Agreement supersedes any purchase order or other terms and
conditions issued by Purchaser at any time,and such are of no force or effect concerning the purchase and sale of Products b Purchaser.
2,Delivery,Risk of Loss and Title: USFC shall use commercially reasonable efforts to deliver the Products to Purchaser on the delivery date specified by USFC. For domestic customers,Products are
supplied to Purchaser EXW(Incoterms 2010)at the place of delivery to carrier,and Purchaser is responsible for all loading,shipping,duties and other costs from th at point. For overseas customers,Products
are supplied to Purchaser DAT(Incoterms 2010),at the inbound terminal,and USFC is responsible for all loading and shipping cost to that point. Legal title shall transfer to Purchaser upon the transfer of the
risk of loss pursuant to such Incoterms 2010,but USFC hereby retains a lien upon,and a reversionary interest to,all Products until Purchaser has paid USFC therefore,in full.
3.Price and Payment: Purchaser shall pay the purchase price,applicable taxes,shipping and related costs in the amount and manner specified inthis Agreement,including any deposit required by USFC.
Unless otherwise provided,Purchaser shall pay this invoice within thirty(30)days of receipt thereof by Purchaser. Interest shall accrue and be payable by Purchaser on any overdue and unpaid amounts at 0
the rate of One and a half(1.5%)percent per month,compounded,not to exceed Eighteen(18%)percent per annum,which is payable by Purchaser without the necessity of demand. °
4.Warrant Disclaimer:U.S.Flood Control Corp the manufacturer of the Products.gives a limited Syear Warranty for the Products as posted at www.usfloodcontrol.com('Warranty) USFC MAKES NO
REPRESENTATION WARRANTY OR CONDITION WITH RESPECT TO ANY PRODUCT INCLUDING WITHOUT LIMITATION.ANY AND ALL EXPRESS OR IMPLIED REPRESENTATIONS,
WARRANTIES OR CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,RELIABILITY OR INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER THIRD PERSON
RIGHTS
Y USFO OR ITS REPRESENTATIVES.AGENTSOOR TRADE,
ONTRAOCTORS OUSDFCAS ENTIRE LRIABILIITYPAND PURCHASER SO EXCLUSIVE'REMEDY,,IFOANY
ANYPDEFECT INRTHE PRODUCT WHARTSOEVER
IS THE WARRANTY,AND PURCHASER HEREBY WAIVES ANY AND ALL RIGHT OF ACTION AGAINST USFC,AND RELEASES USFC FROM ANY AND ALL LIABILITY ARISING AT LAW OR UNDER
THIS AGREEMENT,RELATING THERETO,HOWSOEVER ARISING. U)
Q)
5,Indemnification: The Purchaser is hereby liable to and agrees to indemnify,defend and hold harmless USFC and its affiliates,and each entity's respective officers,directors,employees,representatives,
agents and contractors("USFC Parties"),from and against any and all actions,causes of actions,claims,demands,liabilities,losses,judgments,settlements,damages or expenses including legal fees and
costs on a solicitor and his own client indemnity basis("Claim")made by or awarded to any third person,which and USFC Party may at any time incur or become subject to,whether based in whole or in part
in contract,tort,negligence,breach of statute or any other theory of law,arising from any of the following: (i)death or bodily injury,or loss of or damage to real,tangible or intangible personal property,
including data and digital information,caused or contributed to by use of a Product by,or the acts or omissions of,Purchaser or its employees,customers,contractors,representatives or agents,(ii)failure by
Purchaser to perform any obligations under any agreement or legal obligation it may have with or to any third person,(iii)failure by Purchaser to adhere to any applicable law or statutory or regulatory
obligation,or(iv)failure to adhere to any obligation,or the breach or incorrectness of any representation or warranty,by Purchaser under this Agreement. USFC shall promptly notify the Purchaser in writing i
of any such Claim it receives and shall promptly tender to the Purchaser control of the defense of any such Claim with counsel of its choice,at Purchaser's own expense. In no event shall Purchaser 0
compromise or settle such Claim that in any way prejudices USFC without USFCs prior written consent in its discretion.
6.Limitation of Liability: UNDER NO CIRCUMSTANCES WILL THE USFC PARTIES OR ANY OF THEM BE LIABLE TO PURCHASER FOR ANY INDIRECT,SPECIAL,INCIDENTAL,CONTINGENT, cri
EXEMPLARY,PUNITIVE,AGGRAVATED,CONSEQUENTIAL OR EQUITABLE DAMAGES,INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL,LOSS OF ACTUAL OR ANTICIPATED PROFITS
OR REVENUE,FAILURE TO REALIZE EXPECTED SAVINGS,LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES,FIDUCIARY OBLIGATIONS,RESTITUTIONARY LIABILITIES OR ANY OTHER
ECONOMIC LOSS WHATSOEVER,HOWEVER CAUSED AND WHETHER OR NOT FORESEEABLE,OR FOR CONTRIBUTION OR INDEMNITY IN RESPECT THEREOF,EVEN IF THE USFC PARTIES 0
OR ANY OF THEM HAVE BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES. THE ENTIRE CUMULATIVE LIABILITY OF THE 0
USFC PARTIES,AND THE EXCLUSIVE RECOURSE OF THE PURCHASER,IN THE EVENT OF ANY CLAIM BY PURCHASER, SHALL BE LIMITED IN THE AGGREGATE(REGARDLESS OF THE —
NUMBER OF CLAIMS)TO THE ACTUAL PROVEN DIRECT DAMAGES SUFFERED BY THE PURCHASER AND SHALL NOT EXCEED IN ANY EVENT THE AMOUNT OF THE TOTAL PURCHASE PRICE
ACTUALLY PAID BY PURCHASER TO USFC FOR THE PRODUCT FROM WHICH SUCH DAMAGE IS ALLEGED TO HAVE ARISEN. NO LEGAL ACTION OR PROCEEDING MAYBE BROUGHT BY 4—
PURCHASER AGAINST ANY OF THE USFC PARTIES MORE THAN TWELVE(12)MONTHS AFTER THE FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED,REGARDLESS OF
WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO,OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY,PURCHASER. THE FOREGOING LIMITATIONS OF LIABILITY APPLY
REGARDLESS OF THE FORM OF ACTION OR BASIS OF LIABILITY,INCLUDING WITHOUT LIMITATION STATUTE,CONTRACT,TORT,NEGLIGENCE,GROSS NEGLIGENCE,STRICT LIABILITY,
BREACH OF A FUNDAMENTAL TERM OR FUNDAMENTAL BREACH. THE LIMITATION OF LIABILITY PROVISIONS OF THIS AGREEMENT REFLECT AN INFORMED VOLUNTARY ALLOCATION OF cri
THE RISKS(KNOWN AND UNKNOWN)THAT MAY EXIST IN CONNECTION IMTH THE PRODUCTS AND THE PERFORMANCE BY USFC OF ITS OBLIGATIONS AND RESPONSIBILITIES AND SUCH U
VOLUNTARY RISK ALLOCATION REPRESENTS A MATERIAL PART OF THE AGREEMENT REACHED BETWEEN PURCHASER AND USFC IN RESPECT OF THE PRODUCTS. i
7.No Waiver: The failure of either party to insist upon or to enforce strict performance of any provision of this Agreement,or to exercise any right or remedy under this Agreement,will not be interpreted or EL
construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision,right or remedy in that or any other instance.
U
8,Assignment:USFC may assign this Agreement to a third person upon prior written notice to Purchaser. Purchaser may assign this Agreement to a third person upon IFC's prior written consent,not to be
unreasonably withheld.
9.Force Majeure: In the event of war,fire,flood,strike,labor trouble,breakage of equipment,accident,riot,acts of governmental authority,Acts of God or contingencies beyond the reasonable control of the i
party affected,interfering with the then current producing,supplying,transporting,or consuming practices of the party respecting the Products,or in the event of inability to obtain on terms deemed by IFC to
be practicable any raw material(including energy source)used in connection therewith,the quantity of goods provided for in this Agreement shall be reduced by the amount so affected during the period of
such events without liability,but the Agreement shall otherwise remain unaffected USFC's decision as to what quantities are affected shall be final and binding. ,�.
10,"All sales and transactions evidenced by this invoice/agreement are deemed to have been made and accepted by the vendor in Hahnville,St,Charles Parish,Louisiana.Any dispute arising under or in V}
conjunction with this invoice/agreement,or related to any matter which is the subject of this invoice/agreement,shall be determined in accordance with the laws of the State of Louisiana,and shall be subject
to the exclusive jurisdiction of,and brought in,the Twenty-Ninth Judicial District Court of the Parish of St.Charles,State of Louisiana."
11,Severability: If any provision of this Agreement is judged by any Court of competent jurisdiction to be unenforceable or invalid,that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. _
12,Contra Preferentum Disclaimer and Legal Advice: The parties hereby acknowledge and agree that this Agreement shall be construed neither against nor in favour of either party,but rather in
accordance with the fair and purposive meaning hereof. Each party hereby acknowledges that it has had the opportunity to seek independent legal advice respecting this Agreement,that it is a sophisticated
contracting party,and that each provision of this Agreement is enforceable against it pursuant to its terms. CL
i
13,Entire Agreement: This Agreement sets forth the entire agreement and supersedes any and all prior agreements between the parties,or any purchase order or other terms and conditions issued by 0
Purchaser,with respect to the subject matter hereof. No amendment to this Agreement will be valid unless set forth in a written instrument signed by both parties. This Agreement may be executed in
counterparts,each of which shall be deemed to be an original,and both such counterparts when exchanged between the parties via facsimile transmission or otherwise,shall constitute one instrument.
Pursuant to Section 1,Purchaser expressly agrees that supply of the Products to Purchaser in accordance with this Agreement shall constitute acceptance by Purchaser of this Agreement. 6
i
0
0
0
Cn
0
i
a—
U
Packet Pg. 1503
C.45.b
i
Engineering Department tCU
MEMORANDUM 3:
To: Roman Gastesi
CU
From: Judy Clarke, Director of Engineering Service
0
Date: September 30, 2020 -
4-
0
Re: Twin Lakes flood control —purchase authorization justification
U
CL
Please approve the attached rc ase order request for$44,452 forte purchase of flood control
equipment ® l Control Corp.; we plan to install the equipment n Friday October �d.
e are in the midst oft e fall King Tide e season and we would like to have this equipment
installed as soon as possible. We have requested pricing froma second source; however the
representative could not perform a site visit until later this week or next week, which will delay
2
purchase and installation, For this reason I am requestingthat the requirement toobtain a second
cost proposal be waived,
U
0
If you have any additional questions or need anything rt e to process this purchase request,
Ieae contact me by email at Clarke-` it (Ct! oroecot - ov or at X4329.
0
CL
Thank you. CL
CU
a)
Cn
CU
U
CL
-
0
0
0
0
Cn
U
Packet Pg. 1504
MONROE COUNTY OFFICE OF BUDGET& FINANCE
PURCHASING DEPARTMENT
PH: 305-2924466 FAX. 305-292-4465
RE-QUEST TO PURCHASE
To: Purchasing Department Date: 9/30/2020 E
.....................................................
F Purchasing Approval: L,
0
................. ....... U-
Name: Olympia Newton ------ BY: Olympia Newton 0
........... - CU
Phone/Ext: X 4521 Account: 102-22500-560630
Ship to Location: Grant/Project-# CL
.......... ..... >%
U
Qty. Unit Description Unit Cost Total Cost Acct.# E
I Job Twin Lakes Flood Control $44,452.00 $44,452.00 102-22500-560630 .2
I o Shipping $450.00 $450.00 102-22500-560630
E
:3
U
0
0
CL
CL
0
Total $44,902.00
Crj
U
Items needed by.
www
CL
CL
Vendor Name: Vendor#: L-
0
US Flood Control Corp. 99086
0
----------------------------
Remarks Recommendations: 0
0
Administrative Instructions: 2
U-
Reviewed By: Date: Cn
D
Purchasing Office use oalv,:,
E
Reviewed By: Date: U
0M.0 rrn MCP O Parise!gW*07
Packet Pg. 1505
C.45.b
U.S. FLOOD CONTROL CORP.
802 Short St,Building J Quote FC 202020-
Kenner,LA 70062 Date Sept 28,2020
Phone 504-235-5233
- - 0
CU
Purchaser Vendor
Name Monroe County U.S. Flood Control Corp.
Judith Clark Address 802 Short St, Building J
city ST ZIP city Kenner ST LA ZIP 70062
Email: 4-235-5233
y Units Description -Twin Lakes-95011 x 24"Tiger Dam Unit Price TOTAL
0
0
u-
4-
19Each 24"x 50tt Tiger Dams $1,650.001, .0 0
95 cStraps for 24ft Dams $30.00 $2,850.00
Each Fill Attachment $145.00 .
Each Ball Valve $120.00 .
Each Attachment Stand $96.00 $384.00
Each Siameselitter Connection $120.00 $120.00 U
Each HydrantConnection it I Valve $125.0015. 0
Each Hydrantr . $501.00
20 Each 50ft Doubleill Discharge Hosei c s $125.00 $2,500.00
c ®' Transfer $690.00 $1,380.00
Suction Hose $105.0030.
Each Strainer $17.00 $51.00
CU
Each Valve Tool $200.00 $200,00
Each Patchit $90.00 $360.00
48 Each Chocks2 .0 �
38 Each Earth Anchor(2.5ft) $25.00 $950.000
10 Each Earth Anchor 3 0.0
1 Each 3"Pump-Honda Transfer $890,00 $890.00 E
1 Each Anchor Driver-Earth $910,00 $910.000
CL
Each Anchor Adaptor wl Pin $52-00 $52.00
Quote does not include shipping or taxes
Cn
FED ID 68-0549696
Sub Total $44,452.00
Payment Details - - Shipping
Check Tax
0 Cash
0 Account No_
0 Credit Card L $ ,452. 0 U
--
AUTHORIZED SIGNATURE OF PURCHASER UPON E OF REEMENT CL
Name: SIGNATURE: 0
0
0
0
0
U)
WARNING: U.S. FLOOD CONTROL CORP.("U ")DOES NOT GUARANTEE OR WARRANTYTIGER
RELATED PRODUCTS IN FLOODINGFLUID I T SITUATIONS. USFC'S; LIABILITY
FOR ANY SUCH USE IS HEREBY STRICTLYLIMITED. I T FOR DETAILS
Packet Pg. 1506
C.45.b
I Puro ilea; UParr them titian did is Agreement by lyrchaser»USFC cur t supPey and sail and Pu seer a° s to DurFh s�the ut 3n a ptdance vpth these to and conditions 'Product'
means is goods dm5exrts d an the rs v rctz aaaue3,afld G Es' r ersi"can§ists the rnvtarce and)mile tear nd ndi6 a t s sh6pr ten& the uc4 to base haler pa uanB Ica th c n4 5ha
clairdYute dcceman�g try raha5er aP 013 a rnent,saver!i it7rg Agree nY is riot exanetay executed b°/pi aser ab¢yv This r antrnR superse as any pure ale order or other kill and bit
Caa4Cbl%sons issaaed by Pvf sir ri@ any tser94k t1d",ktd6h 3 to CS6 no$Vice w e3Yact concerning Me purchase end?ad a �"Pdyouchs Yid rchas
lid
2 Dishistry,Risk of hose and Title USFC shall use commercially reasonable efforts to deliver the products to Purchaser per the delivery data specified by USFC. For do 'tic customary,Prueducis are pri
supplied to PundrarMer Coup Cf Perms 2010)at She places of delivery to career,and R aser is less�ru iblefor lip adding,shipping,duties and hither costs ham that point- For overseas oust nt PrslLrits
are supplied to Purchaser DDT 1 Vernancs 2010),at the inbound fermuna3..and USFC is responsdtale tar air loading and shipping wic to that Po nt, Legal Into shall transfer to Purchaser upon the transfer of the
risk of loss pursuant to such drsr.bitirmm 20 u)but USFC hereby variants alien capon,and a reversionary interest to all Prod uctsuntil Purchaser has Paad USFC tRterelase,in full. .®
3 Prtce ared Payment, R.irchaser shall pay the purchase price,a achlicli etaxes,shipping and related msis in the amount and manner spothfied in this Agreement,+ncludingany deaden required by USFC �...
Unless athervase provided,Purchaser shall pay ihas invoicesithin lhsvfy(303 days of receniltherwif by Purchaser. Interest shall acinue and be payable by Purchase'
no any overdue and unpaid amounts at i
the raleaf One and a halt(l 5%)percent pet .nth,conamunded,riat to exceed Eighteen(15l)percent per annurry,wRelch is payable by Purchasery ilhaul the a ,tych'derrend.
a +
big
m—
C I-lm FI° C�ht '.: n Ih arI n r f h f'r r •. 0 rw , h�p g�, or` rf tx r�a� cnJia.� ,sea t ;y.vga•1y an(yi� t t•u as �I t ws°sv�z.y„fib. pc rr.=YaY m ,^a rgr?Sy�'8..,,J F`-I.TA•,�5 r`lfl
fiic „EY4'1t r f ,rd 4b"at tk"'s'dfll P'Y tffK rwcC3.' dth)f,J,"Jt f t-7..(�7`Y'`7 krN Y" ,f',�d,ttYvw !.* €'LAPtC tr,8.�f i f W,A�7Xd�FfL" 7F,4.Yr f- rr LtJ J";+S t,'1{'7'AS
l�V,�Fi- >!1'tt, r"t P'�6AJf5d7lr'NSP:dL,4"i.d•I,d"d'r',rt;ffLPl•Y!-1M1+;;S$k:,sr'S A!'rt"€ d;;Js,t11 d �LP,y 'LIArLir v{ f tr,. f�rPJd €dt�:;Ak" a"i,Pv TrutGLG�fir..f„ t'Tf"t a";�NL'. y'P•r i,v L?7r, 7�
LY 4`pp,J ��" dY'SEPR'=S�rV fYTt4IrV ,dY y,�°;ry'�, uf�..4.he(r`i�.�.GF'�`� .dt U- a `r`+V'77r�s a t�d rt fF'Y,�`[�J*F�?i.,d•�4 L�J=+I z .�P g'". 'T F=R "�T"r'rFT et,"!4'I� ,dt i Pt�'Tr-7 `� �r:;.. �'I tit.d`5 J
YPdE'rt iti'FidAJP�`A.N �' �f`F•IA U�€.I•tf lh' L3Y 4^i+AIr1E�a`FY314.A�'.tCa Att. e'fNPfI'�P',4Y`t,,�AC�'At.Py$?(fl�+r"1.'..eths�D��L �°t *„a a„r��' pr/GVY a'1,°�I,ri Jkd.e.Lf�tt.'7"'r,df:, ,�ith3 MCA VS+'+,J"f�Uf'vr�
7tt".ACr2E'EraEroT+r<;5"ELAT,I,tVta Tlr ,q�T{} t-tC7fYr'S�J�V�RAtfP,r,r'Pt�.
0
0
5 Ind sttcabon: The Purchaser is hereby Iraide to and agrees to modernity,defend and hied ha ,ess USFC and its affiliates.and each antst"s respective officers sinecures,employees,representatives,
agents and contractos('USFC Partl ®)from d against any and alt actions causes of actions.saltine,demands,liabilities,lasses,tuallprents,settlements,damages or expenses including legal tees and 4—
costs on a solicitor and nil own client indwmity basis("Claim")made by or awarded to any third person wfhlch and USFC Fart{may at any time incur or become sustain ta_whether based in whole or in par;
in contract,Borg,negfigence.broach of statute or any other ih of law.arising from any of his following, (d)death or barley hnTary or loss at or daittagab to Taal.Eangible or intangible personal Property
including data and dig€al infterriphi€dn,caused or contributed to by use of a Product by.or the acts or ismaslons of,Purchaser ar its employeas chocolates,contrachas,representatives or agents,r l)failure by
Purchaser to Warm any abligabons under any agreensuct or legal obligation it may have wild or to any third p (6)failure by Purchaser to adhere to any applicable lain or statutory or regulatory
obligation;or JH)failure to actions to any o'bligalidn,or Vie breach or incorrectness of any representation or warranty,by Purchaser underthis Agreement USFC shalt proattey notfy the Purchaser writing u
of any such Claim it dentures and shag dromrstry lender to the Purchaser Fannie of the suppose of any such Claim avith counsel of its choice,at Purchaseles own expense. in no event shall Purchaser
compromise or settle such Claim that in anyway prejudices USFC without USFCs prior written a;bnsam In its discretion.
CL
6.Lity0lealon of Malpffe{; UNDER NO CIRCUMSTANCES WILL THE USFC PARTIES OR ANY OF THEM SE LIABLE TO PURCHASER FOR ANY INDIRECT SPECIAL,INCIDENTAL,CONTINGENT
EXEMPLARY PUNITIVE.AGGRAVATED,CONSEOUENrTIAL OR EQUITABLE DAMAGES,INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL LOSS OF ACTUAL OR ANTICIPATED PROFITS u
OR REVENUE,FAILURE TO REALIZE EXPECTED SAVINGS,LOSS OF USE OR LACK OF AVAILASPUTYOFFACILINIFS,FIDUCIARYOSLIGAT€ONrS,RESTdTUTIONAPY LIA&LITIES OR ANY OTHER
r—
ECONOMIC LOSS WHATSOEVER—HOWEVER VER CAUSED AND WHETHER OR NOT FORESEEABLE OR FOR CONTRIBUTION OR INDEMNrPTYIN RESPECT THEREOF,EVEN IF THE USFC PARTIES
OR ANY OF THEM HAVE BEEN INFORMED IN ADVANCE OR OUGHT REASOdASILY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES rHEENTIRECUMULATfVELIABILfTYCFrNE i
USFC PARTIES,AND THE EXCLUSIVE RECOURSE OF THE PURCHASER,IN THE EVENT OF ANY CLAIM BY PURCHASER,SHALL LIMITED IN I IE AGGREGATEiREGARDLESS OF THE
NUMBER OF CLAIMS)TO THE ACTUAL PROVEN DIRECT OAUAGES SUFFERED BY THE PURCHASER AND SHALL NOT EXCEED IN ANY EVENT THE AMOUNT OF THE TOTAL PURCHASE PRPCE
ACTUALLY PAID BY PURCHASER TO USFC FOR THE PRODUCT FROM WHICH SUCH DAMAGE IS ALLEGED TO HAVE ARISCN NO LEGAL ACTION OR PROCEEDING MAYBE BROUGHT BY UJ
PURCHASER AGAINST ANY OF THE USFC PARTIES MORE THAN TWEL VE'f2)MONTHS AFTER THE FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE OCCURRED,REGARDLESS OF �
WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO,OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY PURCHASER THE FOREGOING LPLfPTATFONS OF LA&LITY APPLY
REGARDLESS OF THE FORM OF AC77ONr OR BASIS OF LIARILfTY INCLUDING WITarOUT t.MUTATION STATUTE,CONTRACT TORT NEGLIGENCE GROSS NEGLIGENCE,STRICT UABILITY. �
BREACH OF A FUNDAMENTAL TERM OR FUNDAMENTAL BREACH T74E LIMITATION OF LIABILITY PROVISIONS OF THIS AGREEMENT REFLECT AN INFORMED VOLUNTARY ALLOCATION OF
THE RISKS H(NOWN AND UNKNOWN)THAT MAY E)GST IN CONNECTJON WITH THE PRODUCTS ANDTHE PERFORMANCEBYUSfCOFITSOBLIGATIONSANDRESPONSIBILRIES AAD SUCH �
VOLUNTARY RISK ALLOCATION REPRESENTS A MAURVA"PART OF THE AGREEMENT REACHED BETWEEN PURCHASER AND USFC Mr RESPECT OF THE PRODUCTS.
7 No Walker. The failure cf either party to insist upon or to enforce strict performance of any provision of this Agreement,or to exercise any right or rentedy under this Agreernent.shil not be recovered or
construed as a waiver or uffinsturvirraint to any extent of such party s righHa assert or rely upon any such Provision,right or rookody in that or any Bather instancy
5.AssignmeW USFC may assign this Agreenferil to a third person capon prior written notices to Purchaser. Purchaser nsay assign this Agreement to a third person upon IFC°s prior writ!en consent,not to be u
unreasonably withheld, 0
g.Force g iaJamea In the event it war,fire,flood,striker,or bar troudie,breakage of egruip era,accident,riot,acts of grovernmerhal authority,Acts of Grad or contingencies Raaycnd the reasonable corture of the
party affected,interfering wish the then current producing,supplying,transpoturg,cr consisting practices of the party respecting the Products,or in the event of inabifily to obtain on terms,deemed by IFC to
be practicable any raw material(including energy source)used in connection Iftweivith,the quantity of goods provided for in this Agroemerif shall be reduned by the eirrount so affected during the period of
such events without liability,but the Agreement shall otherwise renwan unaffected USFC's decision as to what quantities are affected shall be final and binding. E
10."Ala sales and tiransae bons evidenced by this invoicalagrearmaint are deemed to have turfor made and accepted by the vendor in Hichnvitle,St,Charles Parish,Louisiana.Any dispute arising under or In CL
CL
confancluen with this invoicelagrecentoat,or related to any mailer which is the subject of this invo creagreesnent,shall be determined in accordance whir Ire laws of the Slate of Louisiana,and shall be subject
to the exclusive juristoth on of,and brought In,the Todxdy=tonlh Judicial District Court of pre parish IS SL Charles,State As L rtarma.' �
11.Steraindbility, It any provided of this Agrasurpro is judged by any Court of competent jurisdiction to be unenforceable or invalid,that provision shall Rae invited or eliminated to the rivarfirriumextent
necessary sae that this Agreement shalt nth "se remain in fan full force and effect and enforceable.
T2.Contra Prefienniturin Dhoclahoor and Legal vlce: The parties hereby acknowledge and agree that this Agriteroand shall be idrrsimed neither against nor in layout of either parry,but rather in i
accordance wild the fair and purposive evening heard. Each party hereby acknorepudges that it has had Me apperhinity to seek independent legal advise respecting this Agreement,that it is a sophisticated
contracting party,and€hat each provision of this Agreement is enforceable against dorunruant to its tees. i
13,Entire Agreement; This Agrallowl sets forth tree entire agreendurn and supersedes any and all price agreements behirvi n the centers,or any purchase orderer other terms and conditions issued by
Purchaser,reth respazi to the subject matter parent. No anhendrrasni to this disinfromera we be valid unless set Hit in a wntlen instrument signed by bath parties. This Agreement they be executed in
counterparls.each of vuhich shall be doemed to be an oultinal,and both such coup€grfu rfs when exchanged between the parties We facsirroi6e transmission or oathenrhse,shall comeAute we instrument. (1)
Pursuant to Section i,Purchaser exthessly agrees that supply of the products In Purchaser in accordance ratio thus Agreement shall consY;tute acceptance by Purchaser aP this Agrearated. big
u
CL
CL
i
0
i
0
0
U)
u
Packet Pg. 1507
C.45.b
From: Clarke-Judith
To: Newton-Olvmoia;Abreu-Lisa
Subject: Fwd:Twin Lakes Cost Proposal
Date: Wednesday,September 30,2020 5:19:14 PM
J
Hey guys the shipping is an additional$450
Sent from my iPhone
Begin forwarded message:
CU
From: Cheryl Witmer<Cheryl@usfloodcontrol.com> 0
Date: September 30,2020 at 4:54:15 PM EDT ie-
To: Clarke-Judith<Clarke-Judith@monroecounty-fl.gov> 0
Subject: Re: Twin Lakes Cost Proposal as
cri
CL
CAUTION U
Thanks for catching that Judy! uJ
450 for the shipping. 0
Cheryl Witmer a)
US Flood Control Corp. �
504-235-5233 0
cheryl@usfloodcontrol.com
Sent from my iPhone C
CL
On Sep 30,2020,at 4:25 PM,Clarke-Judith<Clarke-Judith@monroecounty-fl.gov>wrote:
Hi—The proposal states that shipping is not included in the cost;will there be an additional
charge and if so what is it?
U
Thank you.
CL
CL
-
Sincerely, 0
Judith S.Clarke,P.E.
Director of Engineering Services 0
Monroe County
1100 Simonton Street 0
Key West, Florida 33040
U)
Office:305-295-4329
Fax:305-295-4321
Clarke-�udith monroecounty fl.gov U
From: Cheryl Witmer[mailto:Cheryl@usfloodcontrol.com]
Packet Pg. 1508
°�� C.45.b
PORTADAM
IPORTADAM IFLOOD PROTECTION SOLUTIONS
TO: Rhonda Haag - Stillwright Point Neighborhood
PROJECT: Stillwright Point Neighborhood
LOCATION: Key Largo, FL °
DATE: October 1, 2020
This "site unseen" budget quote is based on 900 LF of 24 inch high(E24)4-sided GeoDesign flood protection barrier equipment. p
0
U.
I. PORTADAM PRICING... o
a) Barrier purchase price, excluding shipping... 0,215 /Purchase W
b) Freight, one way... v
1,200 /Freight (est.)*
c)Alternate equipment requirements will be quoted upon request.
d)Applicable state and local taxes will be added to all purchase pricing, labor and other charges unless a tax exemption
certificate is furnished.
*Note: Freight would be the same for 1 substation or up to 3 substations (single truck same town/location).
11. TECHNICAL ASSISTANCE LABOR FOR TRAINING; based on 8 hour weekdays... E
a) Portadam on-site technical advisor for training up to 10 people; std 8 hour weekday... 753 /Day
b)Advisor travel expenses; each roundtrip... 47 /Per Trip a
c) Portadam 2 man crew for training forces larger than 10 people; std 8 hour weekday... /Day
d) Portadam crew travel expenses for two man training crew; each roundtrip... I/Per Trip
c) OT, SAT, SUN & Holiday rates available upon request.
d)Any additional trade union or prevailing wage requirements will be for the customer's account.
Portadam recommends scheduling an annual refresher training course to optimize team efficiency during an emergency.
III. CUSTOMER MUST PROVIDE; at his own expense...
a) Clearing, access, loading, and offloading to installation point. CL
CL
b) Sufficient labor to install and remove barriers (4 laborers).
c) Lifting rig services during installation and removal.
4)
W
v
CL
L_
a
0
L
4.4
Lc a O
U
Gerry Mann, National Sales Director
a
This quotation is contingent on site conditions suitable for Portadam solutions. Any agreement derived from this quotation o
U.
must include our standard terms and conditions and payment terms. These terms and conditions are available upon request. U)
Please contact me if have any questions.
3 -- .
E C A SPECIALIZING IN FLOOD PROTECTION SOLUTIONS � U
EMBER (Equal opportunoy Employer) a fC
Packet Pg. 1509
C.45.c
County �� � �� BOARD OF COUNTY COMMISSIONERS
��r ir .� Mayor Heather Carruthers,District 3
Mayor Pro Tern Michelle Coldiron,District 2
IlOFlorida Keys Craig Cates,District 1
David Rice,District 4
\ Sylvia J.Murphy,District 5
Robert B.Shfllinger,County Attorney—
Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney
Cynthia L.Hall,Assistant County Attorney** 1111 12"'Street,Suite 408
Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040
Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone
Peter H.Morris,Assistant County Attorney** (305)292-3516—Fax
Patricia Fables,Assistant County Attorney** •0
Paunece Scull,Assistant County Attorney
Joseph X.DiNovo,Assistant County Attorney
**Board Certified in City,County&Local Govt.Law Cn
J
To: Monroe County Budget and Finance
Lisa Abreu, Purchasing Coordinator �-
0
4-
From: Christine Limb ert-B arrows, Assistance County Attorney E
CC: Judy Clarke, Director of Engineering Services 0
U_
Re: Emergency Purchase of Flood Control Equipment for the Twin Lakes Subdivision 0
a�
CU
In accordance with Monroe County Code (Code) Sec. 2-347(k) and Chapter 7. B. Emergency Purchases 2-
of the Monroe County Purchasing Policy (Purchasing Policy), the Engineering Department seeks to
purchase Flood Control equipment from U.S. Flood Control Corp. on an emergency basis, which in my
opinion is justified in accordance with the Code and Purchasing Policy.
Monroe County Code Sec. 2-347(k)provides in part that the board of county commissioners (BOCC)
may dispense with the bidding provisions of this section and contract directly for services, goods or
public works in the case of an emergency. E
(1) For the purposes of this section, the term "emergency" means:
a�
a. An immediate danger to the public health or safety; CU
b. A danger of loss of public or private property that requires immediate government
action; Q.
U
C. An interruption in the delivery of an essential governmental service; or
d. A substantial risk that a funding source of a contract will be diminished or lost because
the time required to competitively award bids after the funds become available exceeds W
the time within which the funding source must be spent.
The Purchasing Policy provides the following regarding emergency purchases:
B. Emergency Purchases
The term "emergency" is as defined in Section 2-347(k)(1) of the Monroe County Code.
Purchase of commodities and services in the event of a public emergency may be obtained
under
the following conditions:
1. The public emergency for the requirements will not permit a delay resulting from
competitive solicitation.
Packet Pg. 1510
C.45.c
2. With respect to an emergency as defined in Section 2-347(k)(I)a.-c. of the Monroe
County Code:
a) Where the value of the goods or services to be purchased is less than
$50,000.00, emergency purchases may be approved up to the spending levels
outlined in Chapter 2 Section F, above without the need for obtaining
competitive price quotes.
The Engineering department has advised that the Twin Lakes Subdivision and has been experiencing
flooding due to seasonal king tides. Shaw Drive and Adam Street have also specifically experienced king
tides flooding which are the two roads where the flood control equipment is to be installed. The flooding '?
on the roads has caused difficulty in traversing the county roads,which creates "a danger of loss of public
or private property that requires immediate government action" and/or has caused an "interruption of an
Cn
essentially government service" either of which are a qualifying "emergency" under the code. Flood
control equipment was recently discovered as a potential technique to provide some relief from the
CU
seasonal king tides flooding. —'
In accordance with the emergency provisions in the Code and the Purchasing Policy, when an emergency
exists the need to obtain quotes is not required for purchases of$49,999.99 or less and goods of 50,000.00 0
or more may be directly purchased when the competitive solicitation process would delay the response to E
CU
the emergency.
The initially purchase of flood control equipment was for Shaw Drive in an amount of$44,902.00 from 0
U.S. Flood Control Corp. The Engineering department did obtain one additional quote from Portadam, U-
but it was higher, had a longer delivery period for the equipment thereby delaying the install of the 0
a>
equipment and was for only 900 ft as opposed to the quote from U.S. Flood Control Corp. for 950ft. CU
It was subsequently determined that an additional 250ft for Adam Drive was necessary in the amount of
$8,700.00. Given that the combined purchase amount is $53,602.00 an agenda item seeking the BOCC's
approval of the emergency purchase will be placed on the next BOCC meeting, October 21, 2020 in
accordance with the Purchasing Policy.
as
0
CU
U
Uj
Packet Pg. 1511
C.45.d
U.S. FLOOD CONTROL CORP. Quote I �C9282020®
802 Short St,Building J
Kenner,LA 70062 Date 30-Sep-20
Phone:504-235-5233
C
O
N
.y
Purchaser Vendor
s
Name Monroe County Name U.S. Flood Control Corp. U)
Attn: Judith Clark Address 802 Short St, Building J
City ST ZIP City Kenner ST LA ZIP 70062
Email: 504-235-5233
Qty Units Description -Still Wright- 1200.tt x 24" 'tiger Dam Unit Price TOTAL
O
24 Each 24" x 50ft Tiger i')arns $1,650.00 $39,600.00
120 Each 24' Straps for 24ft Dams $30.00 $3,600.00
48 Each Chocks $5.00 $240.00 0
w
50 Each Earth Anchor(2.5ft) $25.00 $1,250.00
10 Each Earth Anchor(4ft) $35.00 $350.00 (D
Quote does not include shipping or taxes
FED ID 68-0549696 v
Sub Total $45,040.00 s
Payment Details Shipping
Check Tax
(� Cash a7
n Account No.
Credit Card TOTAL $45,040.00 E
U �.
AUTHORIZED SIGNATURE OF PURCHASER UPON ACCEPTANCE OF AGREEMENT
Name: SIGNATURE:
u)
DATE:
0
0
O
s
s
0
v
Q.
U
w
u)
WARNING: U.S. FLOOD CONTROL CORP. ("USFC") DOES NOT GUARANTEE OR WARRANTY THE TIGER DAMTM SYSTEM AND
RELATED PRODUCTS IN FLOODING CONTROL OR FLUID CONTAINMENT SITUATIONS. USFC'S LIABILITY TO PURCHASER
FOR ANY SUCH USE IS HEREBY STRICTLY LIMITED. SEE PAGE TWO OF THIS DOCUMENT FOR DETAILS
0
U)
c
s
O
U
0
0
c
O
O
Q.
O
U
c
0
E
v
Q
Packet Pg. 1512
C.45.d
1.Purchase: Upon the execution of this Agreement by Purchaser,USFC agrees to supply and sell,and Purchaser agrees to purchase,the Product in accordance with these terms and conditions.
"Product"means the goods described in the invoice above,and this"Agreement"consists of the invoice and these terms and conditions. USFC's shipment of the Product to Purchaser pursuant to this
Agreement shall constitute acceptance by Purchaser of this Agreement,even if this Agreement is not expressly executed by the Purchaser above.This Agreement supersedes any purchase order or other
terms and conditions issued by Purchaser at any time,and such are of no force or effect concerning the purchase and sale of Products to Purchaser.
r_
2.Delivery,Risk of Loss and Title: USFC shall use commercially reasonable efforts to deliver the Products to Purchaser on the delivery date specified by USFC. For domestic customers,Products are 0
supplied to Purchaser EXW(Incoterms 2010)at the place of delivery to carrier,and Purchaser is responsible for all loading,shipping,duties and other costs from that point. For overseas customers,
Products are supplied to Purchaser DAT(Incoterms 2010),at the inbound terminal,and USFC is responsible for all loading and shipping cost to that point. Legal title shall transfer to Purchaser upon the
transfer of the risk of loss pursuant to such Incoterms 2010,but USFC hereby retains a lien upon,and a reversionary interest to,all Products until Purchaser has paid USFC therefore,in full. >
3.Price and Payment: Purchaser shall pay the purchase price,applicable taxes,shipping and related costs in the amount and manner specified in this Agreement,including any deposit required by USFC.
Unless otherwise provided,Purchaser shall pay this invoice within thirty(30)days of receipt thereof by Purchaser. Interest shall accrue and be payable by Purchaser on any overdue and unpaid amounts at
the rate of One and a half(1.5%)percent per month,compounded,not to exceed Eighteen(18%)percent per annum,which is payable by Purchaser without the necessity of demand.
U)
4,Warrant Disclaimer:U.S.Flood Control Corp the manufacturer of the Products paves a limited 5-year Warranty for the Products as posted at www.usfloodcontrol.com Warranty USFC MAKES NO gA
REPRESENTATION WARRANTY OR CONDITION WITH RESPECT TO ANY PRODUCT INCLUDING WITHOUT LIMITATION.ANY AND ALL EXPRESS OR IMPLIED R PRESEN ATIONS, W
WARRANTIES OR CONDITIONS OF MERCHANTABILITY,FITNESS FOR A PARTICULAR PURPOSE,RELIABILITY OR INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER THIRD PERSON Ile
RIGHTS,WHETHER ARISING BYLAW USAGE OR TRADE COURSE OF DEALING,COURSE OF PERFORMANCE OR OTHERWISE,REGARDING ANY PRODUCT OR ANY SERVICES
PERFORMED BY USFC OR ITS REPRLSENTATIVES AGENTS OR CONTRACTORS. USFC'S ENTIRE LIABILITY AND PURCHASER'S EXCLUSIVE REMEDY,FOR ANY DEFECT IN THE PRODUCT
LWHATSOEVER,
HATSAWOR E ER,THIS AGAR WARRANTY
ANDATUNG THEER HEREBY
HOWSOEVER ARISING ALL RIGHT OF ACTION AGAINST USFC,AND RELEASES USFC FROM ANY AND ALL LIABILITY ARISING AT
5,Indemnification: The Purchaser is hereby liable to and agrees to indemnify,defend and hold harmless USFC and its affiliates,and each entity's respective officers,directors,employees,representatives, y®
agents and contractors("USFC Parties"),from and against any and all actions,causes of actions,claims,demands,liabilities,losses,judgments,settlements,damages or expenses including legal fees and
costs on a solicitor and his own client indemnity basis("Claim")made by or awarded to any third person,which and USFC Party may at any time incur or become subject to,whether based in whole or in part
in contract,tort,negligence,breach of statute or any other theory of law,arising from any of the following: (i)death or bodily injury,or loss of or damage to real,tangible or intangible personal property,
including data and digital information,caused or contributed to by use of a Product by,or the acts or omissions of,Purchaser or its employees,customers,contractors,representatives or agents,(ii)failure by
Purchaser to perform any obligations under any agreement or legal obligation it may have with or to any third person,(iii)failure by Purchaser to adhere to any applicable law or statutory or regulatory
obligation,or(iv)failure to adhere to any obligation,or the breach or incorrectness of any representation or warranty,by Purchaser under this Agreement. USFC shall promptly notify the Purchaser in writing
of any such Claim it receives and shall promptly tender to the Purchaser control of the defense of any such Claim with counsel of its choice,at Purchaser's own expense. In no event shall Purchaser
compromise or settle such Claim that in any way prejudices USFC without USFCs prior written consent in its discretion. 0
6.Limitation of Liability: UNDER NO CIRCUMSTANCES WILL THE USFC PARTIES OR ANY OF THEM BE LIABLE TO PURCHASER FOR ANY INDIRECT,SPECIAL,INCIDENTAL,CONTINGENT,
EXEMPLARY,PUNITIVE AGGRAVATED CONSEQUENTIAL OR EQUITABLE DAMAGES INCLUDING WITHOUT LIMITATION LOSS OF GOODWILL LOSS OF ACTUAL OR ANTICIPATED PROFITS
OR REVENUE,FAILURE TO REALIZE EXPECTED SAVINGS,LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES,FIDUCIARY OBLIGATIONS,RESTITUTIONARY LIABILITIES OR ANY
OTHER ECONOMIC LOSS WHATSOEVER,HOWEVER CAUSED AND WHETHER OR NOT FORESEEABLE,OR FOR CONTRIBUTION OR INDEMNITY IN RESPECT THEREOF,EVEN IF THE USFC W
PARTIES OR ANY OF THEM HAVE BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES. THE ENTIRE CUMULATIVE
LIABILITY OF THE USFC PARTIES, AND THE EXCLUSIVE RECOURSE OF THE PURCHASER, IN THE EVENT OF ANY CLAIM BY PURCHASER, SHALL BE LIMITED IN THE AGGREGATE
(REGARDLESS OF THE NUMBER OF CLAIMS)TO THE ACTUAL PROVEN DIRECT DAMAGES SUFFERED BY THE PURCHASER AND SHALL NOT EXCEED IN ANY EVENT THE AMOUNT OF THE i
TOTAL PURCHASE PRICE ACTUALLY PAID BY PURCHASER TO USFC FOR THE PRODUCT FROM WHICH SUCH DAMAGE IS ALLEGED TO HAVE ARISEN. NO LEGAL ACTION OR PROCEEDING
MAY BE BROUGHT BY PURCHASER AGAINST ANY OF THE USFC PARTIES MORE THAN TWELVE(12) MONTHS AFTER THE FACTS GIVING RISE TO THE CAUSE OF ACTION HAVE
OCCURRED,REGARDLESS OF WHETHER THOSE FACTS BY THAT TIME ARE KNOWN TO, OR OUGHT REASONABLY TO HAVE BEEN DISCOVERED BY,PURCHASER. THE FOREGOING
LIMITATIONS OF LIABILITY APPLY REGARDLESS OF THE FORM OF ACTION OR BASIS OF LIABILITY,INCLUDING WITHOUT LIMITATION STATUTE,CONTRACT,TORT,NEGLIGENCE,GROSS
NEGLIGENCE, STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM OR FUNDAMENTAL BREACH. THE LIMITATION OF LIABILITY PROVISIONS OF THIS AGREEMENT REFLECT AN
INFORMED VOLUNTARY ALLOCATION OF THE RISKS(KNOWN AND UNKNOWN) THAT MAY EXIST IN CONNECTION WITH THE PRODUCTS AND THE PERFORMANCE BY USFC OF ITS W
OBLIGATIONS AND RESPONSIBILITIES AND SUCH VOLUNTARY RISK ALLOCATION REPRESENTS A MATERIAL PART OF THE AGREEMENT REACHED BETWEEN PURCHASER AND USFC IN
RESPECT OF THE PRODUCTS.
7,No Waiver: The failure of either party to insist upon or to enforce strict performance of any provision of this Agreement,or to exercise any right or remedy under this Agreement,will not be interpreted or
construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision,right or remedy in that or any other instance. LLj
8.Assignment:USFC may assign this Agreement to a third person upon prior written notice to Purchaser. Purchaser may assign this Agreement to a third person upon IFC's prior written consent,not to be
unreasonably withheld.
9.Force Majeure: In the event of war,fire,flood,strike,labor trouble,breakage of equipment,accident,riot,acts of governmental authority,Acts of God or contingencies beyond the reasonable control of
the party affected,interfering with the then current producing,supplying,transporting,or consuming practices of the party respecting the Products,or in the event of inability to obtain on terms deemed by IFC
to be practicable any raw material(including energy source)used in connection therewith,the quantity of goods provided for in this Agreement shall be reduced by the amount so affected during the period of a�
such events without liability,but the Agreement shall otherwise remain unaffected USFC's decision as to what quantities are affected shall be final and binding.
i
10."All sales and transactions evidenced by this invoice/agreement are deemed to have been made and accepted by the vendor in Hahnville,St,Charles Parish,Louisiana.Any dispute arising under or in
conjunction with this invoice/agreement,or related to any matter which is the subject of this invoice/agreement,shall be determined in accordance with the laws of the State of Louisiana,and shall be subject �—
to the exclusive jurisdiction of,and brought in,the Twenty-Ninth Judicial District Court of the Parish of St.Charles,State of Louisiana."
11,Severability: If any provision of this Agreement is judged by any Court of competent jurisdiction to be unenforceable or invalid,that provision shall be limited or eliminated to the minimum extent
necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.
12,Contra Preferentum Disclaimer and Legal Advice: The parties hereby acknowledge and agree that this Agreement shall be construed neither against nor in favour of either party,but rather in W
accordance with the fair and purposive meaning hereof. Each art hereby acknowledges that it has had the opportunity to seek independent legal advice respecting this Agreement,that it is a sophisticated
p p 9 p Y Y 9 pp Y p 9 p 9 9 °y®
contracting party,and that each provision of this Agreement is enforceable against it pursuant to its terms.
13,Entire Agreement: This Agreement sets forth the entire agreement and supersedes any and all prior agreements between the parties,or any purchase order or other terms and conditions issued by
Purchaser,with respect to the subject matter hereof. No amendment to this Agreement will be valid unless set forth in a written instrument signed by both parties. This Agreement may be executed in LL
counterparts,each of which shall be deemed to be an original,and both such counterparts when exchanged between the parties via facsimile transmission or otherwise,shall constitute one instrument.
Pursuant to Section 1,Purchaser expressly agrees that supply of the Products to Purchaser in accordance with this Agreement shall constitute acceptance by Purchaser of this Agreement.
a.+
U)
a.+
7
0
W
i
w
y.i
W
E
U
R
ws
a.+
Packet Pg.1513
C.45.e i
County of Morffoe BOARD OF COUNTY COMMISSIONERS
Mayor Heather Carruthers,District 3
Mayor Pro Tern Michelle Coldiron,District 2
IlOFlorida Keys Craig Cates,District 1
David Rice,District 4
\ Sylvia J.Murphy,District 5
Robert B.Shfllinger,County Attorney—
Pedro J.Mercado,Assistant County Attorney** Office of the County Attorney 2
Cynthia L.Hall,Assistant County Attorney** 1111 12"'Street,Suite 408
Christine Limbert-Barrows,Assistant County Attorney** Key West,FL 33040
Derek V.Howard,Assistant County Attorney** (305)292-3470—Phone Q
Peter H.Morris,Assistant County Attorney** (305)292-3516—Fax
Patricia Fables,Assistant County Attorney** U)
Paunece Scull,Assistant County Attorney
Joseph X.DiNovo,Assistant County Attorney
cri
J
**Board Certified in City,County&Local Govt.Law
F—
i
0
a—
To: Monroe County Budget and Finance E
Lisa Abreu, Purchasing Coordinator
From: Christine Limb ert-B arrows, Assistance County Attorney
0
CC: Judy Clarke, Director of Engineering ServicesCU
U
Re: Emergency Purchase of Flood Control Equipment for the Stillwright Point Subdivision Q.
U
In accordance with Monroe County Code (Code) Sec. 2-347(k) and Chapter 7. B. Emergency Purchases
of the Monroe County Purchasing Policy (Purchasing Policy), the Engineering Department seeks to
purchase Flood Control equipment from U.S. Flood Control Corp. on an emergency basis, which in my W
opinion is justified in accordance with the Code and Purchasing Policy.
a�
Monroe County Code Sec. 2-347(k)provides in part that the Board of County Commissioners (BOCC)
r
may dispense with the bidding provisions of this section and contract directly for services, goods or
public works in the case of an emergency. T
(1) For the purposes of this section, the term "emergency" means:
a. An immediate danger to the public health or safety; 0
E
b. A danger of loss of public or private property that requires immediate government
action;
CU
c. An interruption in the delivery of an essential governmental service; or U
U
d. A substantial risk that a funding source of a contract will be diminished or lost because
the time required to competitively award bids after the funds become available exceeds U
the time within which the funding source must be spent.
The Purchasing Policy provides the following regarding emergency purchases: E
W
B. Emergency Purchases
The term "emergency" is as defined in Section 2-347(k)(1) of the Monroe County Code.
Purchase of commodities and services in the event of a public emergency may be obtained
under the following conditions:
1. The public emergency for the requirements will not permit a delay resulting from
competitive solicitation.
Packet Pg. 1514
C.45.e i
2. With respect to an emergency as defined in Section 2-347(k)(I)a.-c. of the Monroe
County Code:
a) Where the value of the goods or services to be purchased is less than
$50,000.00, emergency purchases may be approved up to the spending levels
outlined in Chapter 2, Section F, above without the need for obtaining
competitive price quotes. •2
The Engineering Department has advised that the Stillwright Point Subdivision has been experiencing
flooding due to seasonal king tides and that the most severe king tides are anticipated to occur October
15th Cn
through October 20th. Therefore, installation of this equipment prior to that time is of the utmost
importance and the delay caused by seeking additional quotes or a competitive solicitation will impede CU
the response. The County will install, in the Stillwright Point Subdivision, 1200ft of flood control
equipment the week of October 12th prior to when the heaviest effects of the king tides are expected. The
flooding on the roads has caused difficulty in traversing the county roads, which creates "a danger of loss 0
of public or private property that requires immediate government action" and/or has caused an E
"interruption of an essential government service" either of which is a qualifying "emergency" under the CU
Code. Flood control equipment was recently discovered as a potential technique to provide some relief
from the seasonal king tides flooding and was installed in the Twin Lakes subdivision with success and is 0
now sought for the Stillwright Point Subdivision.
In accordance with the emergency provisions in the Code and the Purchasing Policy, when an emergency Cn
exists the need to obtain quotes is not required for purchases of$49,999.99 or less and goods of$50,000.00
or more may be directly purchased when the competitive solicitation process would delay the response to
the emergency.
The flood control equipment for Stillwright Point Subdivision is $45,040.00 as per the lowest quote. A
quote from Portadam was also obtained but the quote was higher than U.S. Flood Control Corp. Due to
the emergency nature, the Engineering Department is not required to obtain price quotes and is seeking a uj
waiver of a 3rd quote, which is permissible as per the emergency purchase provision in the Code and
Purchasing Policy.
2)
Cn
While this purchase for the Stillwright Point Subdivision flood control equipment is within the County
Administrator's purchasing authority, since staff has already placed an agenda item before the Board for a,
approval of the emergency purchase for Twin Lakes, I have advised for this to also be added to the agenda �
item for the BOCC's ratification.
0
CU
U
U
Packet Pg. 1515
C.45.f
18 23
Engineering Department _
p tis
MEMORANDUM
To: Roman Gastesi
Cn
From: Judy Clarke, Director of Engineering Services
CU
J
Date: October 8, 2020
Re: Stillwright Point flood control — purchase authorization justification
4-
CU
0
Please approve the attached purchase order request for $45,440.00 for the purchase of flood -
control equipment from US Flood Control Corp.; we would like to install the equipment the 0
week of October 12th
We are in the midst of the fall King Tide season and we would like to have this equipment
installed as soon as possible. We have received a second price quote from Portadam (attached), CL
which is greater than the U.S. Flood Control pricing for less material. The most severe Kin U
g P g g U
Tides are anticipated to occur October 15th through October 20th and we would like to install this
prior that date. For this reason I am requesting that the requirement to obtain a third cost proposal
be waived. w
Q
If you have any additional questions or need anything further to process this reimbursement, Q
please contact me by email at Clarke-Judith(c.monroecounty-fl. ov or at X4329. 00
Q
Thank you.
Cn
0
Cn
0
Q)
0
cri
U
Packet Pg. 1516
"';
� g
PORTADAM
IPORTADAM IFLOOD PROTECTION SOLUTIONS
TO: Rhonda Haag - Stillwright Point Neighborhood
PROJECT: Stillwright Point Neighborhood
LOCATION: Key Largo, FL •2
DATE: October 1, 2020
This "site unseen" budget quote is based on 900 LF of 24 inch high(E24)4-sided GeoDesign flood protection barrier equipment.
I. PORTADAM PRICING...
J
a) Barrier purchase price, excluding shipping... 0,21: ]/Purchase
b) Freight, one way... 1,200 /Freight (est.)*
c)Alternate equipment requirements will be quoted upon request. o
d)Applicable state and local taxes will be added to all purchase pricing, labor and other charges unless a tax exemption E
certificate is furnished.
*Note: Freight would be the same for 1 substation or up to 3 substations (single truck same town/location).
a
11. TECHNICAL ASSISTANCE LABOR FOR TRAINING; based on 8 hour weekdays... U.
a) Portadam on-site technical advisor for training up to 10 people; std 8 hour weekday... 753 /Day o
b)Advisor travel expenses; each roundtrip... 'I'I /Per Trip
W
c) Portadam 2 man crew for training forces larger than 10 people; std 8 hour weekday... /Day
d) Portadam crew travel expenses for two man training crew; each roundtrip... /Per Trip L
c) OT, SAT, SUN & Holiday rates available upon request.
d)Any additional trade union or prevailing wage requirements will be for the customer's account.
Portadam recommends scheduling an annual refresher training course to optimize team efficiency during an emergency.
III. CUSTOMER MUST PROVIDE; at his own expense...
E
a) Clearing, access, loading, and offloading to installation point.
b) Sufficient labor to install and remove barriers (4 laborers).
c) Lifting rig services during installation and removal. 1
.L
cn
a
a
Cr
4)
v
.L
Q
Gerry Mann, National Sales Director
This quotation is contingent on site conditions suitable for Portadam solutions. Any agreement derived from this quotation E
must include our standard terms and conditions and payment terms. These terms and conditions are available upon request.
Please contact me if have any questions.
hAi��l9
E C A SPECIALIZING IN FLOOD PROTECTION SOLUTIONS
EMBER (Equal opportunoy Employer) ..--_--+
��f f CQh4RaCti`��5�.
Packet Pg. 1517