01/20/2021 Agreement a°° ` °' Kevin Madok, CPA
�.,
Clerk of the Circuit Court& Comptroller—Monroe County, Florida
DATE: March 11, 2021
TO: Cynthia McPherson, Sr. Director
Code Compliance
//
FROM: Pamela G. Han .Tclti. .
SUBJECT: January 20th BOCC Meeting
Attached is an electronic copy of the following item for your handling:
31 Tlhree-year (with two additional one-year terms) Contract with Chancy Toppino&
Sons, Inc. for the Demolition, Removal, and Disposal of IMinhabitable Structures and Debris for
the County.This includes proper reclamation and disposal of associated hazardous waste and will
be made up of individual jobs consisting of demolition, removal and disposal of structures and
debris as requested by the County.
Should you have any questions, please feel free to contact me at (305) 292-3550.
cc: County Attorney
Finance
File
KEY WEST MARATHON PLANTATION KEY PK/ROTH BUILDING
500 Whitehead Street 3117 Overseas Highway 88820 Overseas Highway 50 High Point Road
Key West,Ronda 33040 Marathon,Ronda 33050 Plantation Key.Florida 33070 Plantation Key,Honda 330
MONROE COUNTY
CONTRACT FOR DEMOLITION, REMOVAL AND
DISPOSAL OF UNINHABITABLE/UNSAFE STRUCTURES AND DEBRIS
THIS CONTRACT is made and entered into this 20th day of January, 2021,by MONROE COUNTY
("COUNTY"),a political subdivision of the State of Florida,whose address is the Marathon Government
Center, 2798 Overseas Highway, Marathon, Florida, 33050, and CHARLEY TOPPINO& SONS, INC.
("CONTRACTOR"), whose address is 129 Toppino Industrial Drive, Rockland Key, Key West, Florida
33040.
Section 1. SCOPE OF SERVICES
The CONTRACTOR shall do, perform and carry out in a professional and proper manner certain duties
as described below:
The project consists of demolition, removal and disposal of uninhabitable/unsafe structures and in some
instances, proper reclamation and disposal of associated hazardous waste. The project will be made up
of individual jobs consisting of demolition, removal and disposal of uninhabitable/unsafe structures and
debris located on the land and in some instances, in the waters of Monroe County as requested by the
COUNTY. The CONTRACTOR will be responsible for supervision of each job from beginning to end
including the permitting, scheduling, labor, monitoring, providing necessary equipment and reporting
progress to the County designee.
When an uninhabitable/unsafe structure is identified, the County will contact CONTRACTOR in the
applicable area and provide the details of the job. Details shall include, but are not be limited to the
location of the job, description of the job, composition of the structure(s) (i.e. constructed of wood,
concrete, metal), and if any hazardous materials are known to be on the property.
CONTRACTOR may need environmental hazard sub-contractors on contract to identify and dispose of
any hazardous materials. The CONTRACTOR will then contact the COUNTY in writing with a quote
for the cost of the job in accordance with the pricing and rates set forth in this agreement, and the time
in which the CONTRACTOR can respond and complete the job. The COUNTY will promptly choose
a CONTRACTOR and assign the particular job. At no time will any CONTRACTOR be authorized to
undertake a job without the express authorization of the COUNTY, in the form of a Task Order.
When directed by the County, CONTRACTOR shall mark easements and underground utilities and
remove utility meters, including cap well, water, sewer, and septic lines to the mains. CONTRACTOR
Disconnect electrical and gas service, propane tanks. Contractor obtains consent from City/County to
proceed with abatement. Re-verify property description and ownership. The CONTRACTOR shall
Identify/remove/dispose of asbestos, lead-based paints, and other hazardous materials per State
environmental and EPA requirements. As required, CONTRACTOR shall have assessment testing
performed and samples sent to the lab. Remediation based on the environmental assessment and lab
reports, including visual assessments.CONTRACTOR shall provide documentation of items transferred
to the landfill.
Identify/remove/dispose of all HHW (Household Hazardous Waste) per State environmental
agency/EPA requirements. CONTRACTOR shall have a visual assessment performed and documented.
CONTRACTOR shall remove all identified HHW based on the Environmental assessment and provided
documentation of all HHW waste transfer to the landfill.
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CONTRACTOR shall verify backfilling & final grade is to City/County codes/standards. (This shall
include field verification that the backfill area is clear of all debris prior to backfilling with clean dirt.
Photos should be taken and submitted to the County. The CONTRACTOR shall re-inspect site within
60 days of completion of backfill and return to verify the soils have not sunken and if required, the
CONTRACTOR shall return to stabilize.)
The CONTRACTOR will provide a]I necessary and adequate equipment to complete the job including
vehicles, personnel and protective equipment. The CONTRACTOR will provide all materials needed to
accomplish the assigned job, including necessary equipment for proper handling of hazardous materials
and will strictly adhere to all precautionary and safety requirements. CONTRACTORS shall be
responsible for the job site at all times during the work and securing the job site. All demolition debris
or associated debris must be disposed of at a solid waste facility permitted for such debris by the Florida
Department of Environmental Protection.
CONTRACTOR(S) are required to have active licenses and insurance required to fulfill the
requirements of each particular job and are required to attach copies of any and all licenses, including
an occupational license as Exhibit "A" to this Contract.
The CONTRACTOR is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and
the environment. CONTRACTOR agrees to immediately abide by the orders to stand down or stop
work if advised to do so by any county, state or federal agency. If required to stand down by any state
or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible.
CONTRACTOR shall take photographs of all sides and interior of structure(s), the contents of the
structure and property and any personal effects in the structure prior to any work on the site or
demolition. The CONTRACTOR shall not be required to take interior photos of the structure if, in the
best judgment of the supervisor, it is not safe to do so. Photographs should be properly dated, the name
and address of the person taking the photographs, and a complete set of before and after photographs
shall be provided to the COUNTY. Photographs are considered to be an integral part of the work.
Section 2. COUNTY'S RESPONSIBILITIES
2.1 Provide all available data and location as to the COUNTY'S requirements for Task Order to the
CONTRACTOR. Designate in writing a person with authority to act on the COUNTY'S behalf
on all matters concerning the Task Order.
2.2 Furnish to the CONTRACTOR all existing information pertinent to the work. The
CONTRACTOR may rely upon such information and services provided by the COUNTY, with
the understanding that the information may be changed at the time the CONTRACTOR arrives
on the scene of the work.
2.3 Approve a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 3. TERM OF CONTRACT
This Contract shall commence on January 20, 2021 and end on January 20, 2024 (three years), unless
terminated earlier under the terms of this Agreement. CONTRACTOR shall have the option to renew
this Agreement for two additional one-year terms under the same terms and conditions as this contract,
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exercisable by the COUNTY upon written notice given at least thirty (30) days prior to the end of the
initial term. Unless the context clearly indicates otherwise, references to the 'term" of this Agreement
shall mean the initial term of three (3) years.
The services to be rendered by the CONTRACTOR for each individual Task Order shall be commenced
upon written Notice to Proceed from the COUNTY and the work shall be completed in accordance with
the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless it shall be modified in a
signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services
shall be performed in accordance with schedules of performance which shall be mutually agreed to by
COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work without written
authority from the COUNTY.
Section 4. COMPENSATION
The compensation available to the CONTRACTOR under this agreement is to be determined by the
COUNTY based on quotations received from the CONTRACTOR, and the necessities of each individual
job.
The billing rates below of the CONTRACTOR, shal I be used for the basis of each quote for a particular
job and shall be agreed to by the CONTRACTOR and the COUNTY in a written Task Order prior to the
authorization to commence the work.
ITEM NUMBER DESCRIPTION OF WORK UNIT OF MEASURE UNIT PRICE
1 DMR of MAN Structure Square Foot (SF) $11.75/SF
2 DMR of CBS SF $10.95/SF
3 DMR of FRAME SF $11.60/SF
4 DMR of asbestos (including testing) SF $6.95/SF
5 DMR of lead (including testing) SF $5.95/SF
6 DMR/Abandonment of septic system Per septic system $2,500.00/EA
The CONTRACTOR shall provide the COUNTY in writing with the cost of the job, a description of
the job, and the time in which the CONTRACTOR can respond and complete the job. At no time will
any CONTRACTOR be authorized to undertake a job without the prior written authorization via a
Notice to Proceed from the COUNTY and no compensation shall be paid without prior written
authorization of the COUNTY.
It will be the CONTRACTOR'S responsibility to pay any disposal fees at the transfer station.
CONTRACTOR shall include, in any quotation, the cost of disposal. CONTRACTOR shall provide
documentation and a receipt for disposal to the County.
CONTRACTOR and the designee of the COUNTY shall confer and coordinate the job.
CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance
with all applicable safety procedures. Any drinking of alcoholic beverages or using controlled
substances before or during the job is strictly prohibited. Violation of safety procedures, federal, state,
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and local laws,ordinances, rules, and regulations, or drinking of alcoholic beverages or using controlled
substances before or during the job will constitute cause for immediate termination of the contract.
The total not to exceed amount for a particular job shall be determined and agreed to by the
CONTRACTOR and the COUNTY in a written Task Order prior to the authorization to commence the
work.
CONTRACTOR agrees that it will not be entitled to damages for delay of the completion of the job,
however, the COUNTY may grant additional time to conclude a project.
Section 5. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Local Government Prompt Payment Act.Any request for
payment must be in accordance with generally accepted accounting principles and in a form
satisfactory to the County Clerk (Clerk). The request must describe in detail the services
performed, the total payment amount, and supporting documentation, including copies of
receipts from the transfer station.
5.2 Monroe County's performance and obligation to pay under this contract, is contingent upon an
annual appropriation by the Board of County Commissioners.
Section 6. CONTRACT TERMINATION OR SUSPENSION
6.1 In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the
COUNTY shall have the right to terminate this Agreement after five (5) calendar days' written
notification to the CONTRACTOR.
6.2 Either of the parties hereto may cancel this Agreement without cause by giving the other party
sixty(60) days' written notice of its intention to do so.
6.3 Termination for Cause and Remedies: In the event of breach of any contract terms,the COUNTY
retains the right to terminate this Agreement. The COUNTY may also terminate this Agreement
for cause with CONTRACTOR should CONTRACTOR fail to perform the covenants herein
contained at the time and in the manner herein provided. In the event of such termination, prior
to termination, the COUNTY shall provide CONTRACTOR with seventy-two (72) hours'
written notice and provide the CONTRACTOR with an opportunity to cure the breach that has
occurred. If the breach is not cured,the Agreement will be terminated for cause. If the COUNTY
terminates this Agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the
sum due the CONTRACTOR under this Agreement prior to termination, unless the cost of
completion to the COUNTY exceeds the funds remaining in the contract;however,the COUNTY
reserves the right to assert and seek an offset for damages caused by the breach. The maximum
amount due to CONTRACTOR shall not in any event exceed the spending cap in this Agreement.
In addition, the COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the right to pursue a
claim for violation of the County's False Claims Ordinance, located at Section 2-721 et al. of the
Monroe County Code.
6.4 Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at
any time, upon thirty (30) days' written notice to CONTRACTOR. If the COUNTY terminates
this Agreement with the CONTRACTOR,COUNTY shall pay CONTRACTOR the sum due the
CONTRACTOR under this Agreement prior to termination, unless the cost of completion to the
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COUNTY exceeds the funds remaining in the contract. The maximum amount due to
CONTRACTOR shall not exceed the spending cap in this Agreement.
6.5 For Contracts of any amount, if the COUNTY determines that the CONTRACTOR has submitted
a false certification under Section 287.135(5), Florida Statutes or has been placed on the
Scrutinized Companies that Boycott Israel List,or is engaged in a boycott of Israel,the COUNTY
shall have the option of(1) terminating the Agreement after it has given the CONTRACTOR
written notice and an opportunity to demonstrate the agency's determination of false certification
was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the
Agreement if the conditions of Section 287.135(4), Florida Statutes, are met.
6.6 For Contracts of $1,000,000 or more, if the COUNTY determines that the CONTRACTOR
submitted a false certification under Section 287.135(5), Florida Statutes, or if the
CONTRACTOR has been placed on the Scrutinized Companies with Activities in the Sudan List,
the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List or been
engaged in business operations in Cuba or Syria, the COUNTY shall have the option of (1)
terminating the Agreement after it has given the CONTRACTOR written notice and an
opportunity to demonstrate the agency's determination of false certification was in error pursuant
to Section 287.135(5)(a), Florida Statutes, or(2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS, SUBCONTRACTORS
7.1 All assignments of work shall be authorized in a signed Task Order in accordance with the
COUNTY'S policy prior to any work being conducted by the CONTRACTOR.
7.2 Additional authorizations may contain additional instructions or provisions specific to the
authorized work for the purpose of clarifying certain aspects of the work to be undertaken. Such
supplemental instruction or provisions shall not be construed as a modification of this
Agreement. Authorizations shall be dated, numbered and clearly relate to the specific job
assignment so that they can easily be related to the specific assignment.
7.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in (including, but
not without limitations, monies that may become due or monies that are due) this agreement
without the written consent of the County, except to the extent that any assignment, subletting,
or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless
specifically stated to the contrary in any written consent to any assignment, no assignment will
release or discharge the assignor from any duty or responsibility under this agreement.
CONTRACTOR may subcontract a particular Task Order or portion of a Task Order only with
the specific written consent of Growth Management. If subcontractors are approved it is the
responsibility of CONTRACTOR to inform the subcontractors that they must carry the same
amount of insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY
with proof of coverage before allowing a Subcontractor to do any work on the job.
Section 8. NOTICES
Any written notices or correspondence given pursuant to this contract shall be sent by United States
Mail, certified, return receipt requested, postage prepaid, or by courier with proof of delivery. The place
of giving Notice shall remain the same as set forth herein until changed in writing in the manner provided
in this paragraph. Notice shall be sent to the following persons:
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To the COUNTY: Christine Hurley, Assistant County Administrator
c/o Monroe County Administration
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
To the CONTRACTOR: Richard Toppino, President
Charley Toppino & Sons, Inc.
129 Toppino Industrial Drive
Rockland Key
Key West, Florida 33040
However, when the COUNTY requests a quotation(s) from CONTRACTOR and response(s) may be
done by email.The terms ofthe individual job may be done by email but must be immediately formalized
in writing as a Task Order signed by the CONTRACTOR prior to the commencement of the work.
Any Notice of Termination may be done by email but shall be immediately formalized in writing by the
party seeking Termination and sent to the other party by certified mail.
Section 9. MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance
under this Agreement in accordance with generally accepted accounting principles consistently applied.
Each party to this Agreement or their authorized representatives shall have reasonable and timely access
to such records of each other party to this Agreement for public records purposes during the term of the
agreement and for five years following the termination of this Agreement or for a period of three years
from the submission of the final expenditure report as per 2 CFR 200.333. If an auditor employed by the
COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were
spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys
together with interest calculated pursuant to Sec. 55.03, FS, running from the date the moneys were paid
to CONTRACTOR.
Right to Audit.
Availability of Records. The records of the parties to this Agreement relating to the Project, which shall
include but not be limited to accounting records (hard copy, as well as computer readable data if it can
be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid
recaps, bidding instructions, bidders list, etc.); original estimates; estimating work sheets;
correspondence; change order files (including documentation covering negotiated settlements);
backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts
earned, insurance rebates and dividends; any other supporting evidence deemed necessary by Owner or
by the Monroe County Office of the Clerk of Court and Comptroller(hereinafter referred to as "County
Clerk") to substantiate charges related to this Agreement, and all other agreements, sources of
information and matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by any contract
document (all foregoing hereinafter referred to as "Records") shall be open to inspection and subject to
audit and/or reproduction by Owner's representative and/or agents of Owner or the County Clerk.Owner
or County Clerk may also conduct verifications such as, but not limited to, counting employees at the
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job site, witnessing the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges, verifying
information and amounts through interviews and written confirmations with employees, Subcontractors,
suppliers, and contractors' representatives. All records shall be kept for seven (7) years after Final
Completion. The County Clerk possesses the independent authority to conduct an audit of records,
assets, and activities relating to this Project. 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, or were wrongfully retained by the Contractor, 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. The Right to Audit provisions survive the termination or expiration of
this Agreement.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
THE CONTRACTOR warrants that it has not employed, retained or otherwise had act on 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 agreement without
liability and may also, in its discretion, deduct from the agreement or purchase price, or otherwise
recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former
COUNTY officer or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a conviction for public
entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may
not submit a proposal on a contract with a public entity for the construction or repair of a public building
or public work, may not submit proposals on leases of real property to public entity, may not be awarded
or perform work as contractor, supplier, subcontractor, or consultant under a contract with any public
entity, and may not transact business with any public entity in excess of the threshold amount provided
in Section 287.017, for CATEGORY TWO for a period of thirty-six(36) months from the date of being
placed on the convicted vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event that any cause of
action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement,
the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the
appropriate administrative body in Monroe County, Florida.
The Parties waive their rights to trial by jury. The COUNTY and CONTRACTOR agree that, in the
event of conflicting interpretations of the terms or a term 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.
Section 13. SEVERABILITY
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If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be
affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall
be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent the
accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to
reform the Agreement to replace any stricken provision with a valid provision that comes as close as
possible to the intent of the stricken provision.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of this
Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an
award against the non-prevailing party, and shall include attorney's fees, and court costs, in appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by
the circuit court of Monroe County. 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.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit
of the COUNTY and CONTRACTOR and their respective legal representatives,successors,and assigns.
Section 16. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of this
Agreement have been duly authorized by all necessary County and corporate action, as required by law.
Each party agrees that it has had ample opportunity to submit this Contract to legal counsel of its choice
and enters into this agreement freely, voluntarily and with advice of counsel.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be
resolved by meet and confer sessions between representatives of each of the parties. If the issue or issues
are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such
rel ief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject
to arbitration.
Section 18. COOPERATION
In the event any administration or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree
to participate, to the extent required by the other party, in all proceedings,hearings, processes, meetings,
and other activities related to the substance of this Agreement or provision of the services under this
Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
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Section 19. NONDISCRIMINATION/EQUAL EMPLOYMENT OPPORTUNITY
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 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 prohibits discrimination in employment on the
basis of race, color, religion, sex, or 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)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 patent records; (8) Title VII of the
Civil Rights Act of 1968 (42 USC s. §§ 3601 et seq.), as amended, relating 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 11, 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(1 1)Any other nondiscrimination provisions in any federal or state statutes which may
apply to the parties to, or the subject matter of, this Agreement.
During the performance of this Agreement, the CONTRACTOR, in accordance with Equal Employment
Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965 Comp., p. 339), as amended by
Executive Order 11375,Amending Executive Order 11246 Relating to Equal Employment Opportunity,
and implementing regulations at 41 C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix 11,¶C, agrees as follows:
1) The contractor will not discriminate against any employee or applicant for employment because
of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor
will take affirmative action to ensure that applicants are employed,and that employees are treated
during employment, without regard to their race, color, religion, sex, sexual orientation, gender
identity, or national origin. Such action shall include, but not be limited to the following:
Employment, upgrading, demotion, or transfer, recruitment or recruitment advertising; layoff or
termination; rates of pay or other forms of compensation; and selection for training, including
apprenticeship. The contractor agrees to post in conspicuous places, available to employees and
applicants for employment, notices to be provided by the contracting officer setting forth the
provisions of this nondiscrimination clause.
2) The contractor will, in all solicitations or advertisements for employees placed by or on behalf
of the contractor, state that all qualified applicants will receive consideration for employment
without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.
3) The contractor will not discharge or in any other manner discriminate against any employee or
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applicant for employment because such employee or applicant has inquired about, discussed, or
disclosed the compensation of the employee or applicant or another employee or applicant. This
provision shall not apply to instances in which an employee who has access to the compensation
information of other employees or applicants as a part of such employee's essential job functions
discloses the compensation of such other employees or applicants to individuals who do not
otherwise have access to such information, unless such disclosure is in response to a formal
complaint or charge, in furtherance of an investigation, proceeding, hearing, or action, including
an investigation conducted by the employer, or is consistent with the contractor's legal duty to
furnish information.
4) The contractor will send to each labor union or representative of workers with which it has a
collective bargaining agreement or other contract or understanding, a notice to be provided by
the agency contracting officer, advising the labor union or workers' representative of the
contractor's commitments under section 202 of Executive Order 11246 of September 24, 1965,
and shall post copies of the notice in conspicuous places available to employees and applicants
for employment.
5) The contractor will comply with all provisions of Executive Order 11246 of September 24, 1965,
and of the rules, regulations, and relevant orders of the Secretary of Labor.
6) The contractor will furnish all information and reports required by Executive Order 11246 of
September 24, 1965, and by the rules, regulations, and orders of the Secretary of Labor, or
pursuant thereto, and will permit access to his books, records, and accounts by the contracting
agency and the Secretary of Labor for purposes of investigation to ascertain compliance with
such rules, regulations, and orders.
7) In the event of the contractor's non-compliance with the nondiscrimination clauses of this
contract or with any of such rules, regulations, or orders, this contract may be canceled,
terminated or suspended in whole or in part and the contractor may be declared ineligible for
further Government contracts in accordance with procedures authorized in Executive Order
11246 of September 24, 1965, and such other sanctions may be imposed and remedies invoked
as provided in Executive Order 11246 of September 24, 1965, or by rule, regulation, or order of
the Secretary of Labor, or as otherwise provided by law.
8) The Contractor will include the portion of the sentence immediately preceding paragraph (1)and
the provisions of paragraphs (1) through (7) in every subcontract or purchase order unless
exempted by rules, regulations,or orders of the Secretary of Labor issued pursuant to section 204
of Executive Order 11246 of September 24, 1965, so that such provisions will be binding upon
each subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means of enforcing
such provisions, including sanctions for non-compliance; provided, however, that in the event a
contractor becomes involved in, or is threatened with, litigation with a subcontractor or vendor
as a result of such direction by the administering agency the contractor may request the United
States to enter into such litigation to protect the interests of the United States.
Section 20. COVENANT OF NO INTEREST
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COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire
any interest, which would conflict in any manner or degree with its performance under this Agreement,
and that only interest of each is to perform and receive benefits as recited in this Agreement.
Section 21. 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.
Section 22. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained
any company or person, other than a bona fide employee working solely for it, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right
to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration.
Section 23. PUBLIC RECORDS COMPLIANCE
Contractor must comply with Florida public records laws, including but not limited to Chapter 119,
Florida Statutes and Section 24 of article I of the Constitution of Florida. The County and Contractor
shall allow and permit reasonable access to, and inspection of, all documents, records, papers, letters or
other"public record"materials in its possession or under its control subject to the provisions of Chapter
119, Florida Statutes, and made or received by the County and Contractor in conjunction with this
contract and related to contract performance. The County shall have the right to unilaterally cancel this
contract upon violation of this provision by the Contractor. Failure of the Contractor to abide by the
terms of this provision shall be deemed a material breach of this contract and the County may enforce
the terms of this provision in the form of a court proceeding and shall, as a prevailing party, be entitled
to reimbursement of all attorney's fees and costs associated with that proceeding. This provision shall
survive any termination or expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records Law in order to
comply with this provision.
Pursuant to Fla. Stat., Sec. 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.
Page 11 of 23
(3) Ensure that public records that are exempt or confidential and exempt from public records
disclosure requirements are not disclosed except as authorized by law for the duration of the
contract term and following completion of the contract if the contractor does not transfer the
records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public records in
possession of the Contractor or keep and maintain public records that would be required by the
County to perform the service. If the Contractor transfers all public records to the County upon
completion of the contract, the Contractor shall destroy any duplicate public records that are
exempt or confidential and exempt from public records disclosure requirements. If the Contractor
keeps and maintains public records upon completion of the contract, the Contractor shall meet
all applicable requirements for retaining public records.All records stored electronically must be
provided to the County, upon request from the County's custodian of records, in a format that is
compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must be made directly
to the County, but if the County does not possess the requested records, the County shall
immediately notify the Contractor of the request, and the Contractor must provide the records to
the County or allow the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records,the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
County's option and right to unilaterally cancel this contract upon violation of this provision by
the Contractor. A Contractor who fails to provide the public records to the County or pursuant to
a valid public records request within a reasonable time may be subject to penalties under Section
119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any
public records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE
PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY-
BRIAN@MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE,
1111 12TH STREET, SUITE 408, KEY WEST, FL 33040.
Section 24. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and
the 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 contract entered into by
the COUNTY be required to contain any provision for waiver.
Section 25. PRIVILEGES AND IMMUNITIES
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All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of
officers, agents, or employees of any public agents or employees of the COUNTY, when performing
their respective functions under this Agreement within the territorial limits of the COUNTY shall apply
to the same degree and extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be
construed as, relieving any participating entity from any obligation or responsibility imposed upon the
entity by law except to the extent of actual and timely performance thereof by any participating entity,
in which case the performance may be offered in satisfaction of the obligation or responsibility. Further,
this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the
constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida
constitution, state statute, and case law.
Section 27. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce
or attempt to enforce any third-party claim or entitlement to or benefit of any service or program
contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY
nor the CONTRACTOR or any agent, officer, or employee of either shall have the authority to inform,
counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities,
have entitlements or benefits under this Agreement separate and apart, inferior to, or superior to the
community in general or for the purposes contemplated in this Agreement.
Section 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 attached
to this Contract as COMPOSITE EXHIBIT B.
Section 29. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity,and no member,
officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject
to any personal liability or accountability by reason of the execution of this Agreement.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart.
Page 13 of 23
Section 31. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference only, and
it is agreed that such section headings are not a part of this Agreement and will not be used in the
interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
Coverage shall be maintained throughout the entire term of the contract, failure to maintain coverage
shall be considered a valid reason for the COUNTY to terminate this Agreement.
Coverage shall be provided by a company or companies authorized to transact business in the State of
Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self-
insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The CONTRACTOR
may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate
of insurance, providing details on the CONTRACTOR'S Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required.
In addition, the CONTRACTOR may be required to submit updated financial statements from the fund
upon request from the County.
32.1 General Insurance Requirements for Other Contractors and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract (including the
pre-staging of personnel and material),the CONTRACTOR shall obtain, at his/her own expense,
insurance as specified in the attached schedules, which are made part of this contract. The
CONTRACTOR shall require all subcontractors to obtain insurance consistent with the attached
schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the COUNTY as specified below, and where applicable
CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in the
commencement of work,resulting from the failure of the CONTRACTOR to provide satisfactory
evidence of the required insurance, shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work commenced on the
specified date and time, except for the CONTRACTOR'S failure to provide satisfactory
evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced. Delays in the completion of work resulting from the failure of the
CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work had
not been suspended, except for the CONTRACTOR'S failure to maintain the required insurance.
Page 14 of 23
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy..
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty(30)days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as
relieving the CONTRACTOR from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials shall be
included as "Additional Insured"on all policies, except for Workers' Compensation, Employers
Liability, Jones Act/Longshoreman and Harbor Workers Compensation.
32.2 General Liability Insurance Requirements for Contract Between County and Contractor
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit(CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition,the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
Page 15 of 23
32.3 Vehicle Liability Insurance Requirements
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
32.4 Workers' Compensation Insurance Requirements
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not
less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract,
Coverage shall be provided by a company or companies authorized to transact business in the
State of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized
self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status. The
CONTRACTOR may be required to submit a Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess
Insurance Program.
Page 16 of 23
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial
statements from the fund upon request from the County.
32.5 Additional Insurance
If pollutants are identified at the site or if the structure to be demolished or removed contains
pollutants, the following coverage is required:
A) Pollution Liability Coverage with minimum limits of $1,000,000 per occurrence
$2,000,000 Aggregate, which extends to the hauling of toxic and hazardous material by
motorized vehicles. In compliance with the Motor Carrier Act, the policy should be
reversed with an MCS-90 Endorsement, demonstrating financial responsibility for spills
and clean up. Any pollution exclusion limited coverage under this policy shall be
removed.
If the structure to be demolished or removed is located on or over water or the project
will require the use of watercraft, at the time the Task Order is awarded, the
CONTRACTOR shall obtain insurance to comply with the Jones Act and/or
Longshoreman and Harbor Workers' Compensation Act with limits sufficient to respond
to the applicable state and/or Federal statutes. In addition, watercraft liability insurance
will be required.
B) Jones Act/Longshoreman Insurance coverage with minimum limits not less than those
specified for Employer's Liability. This coverage is for contractors doing work located
on or over the water.
C) Watercraft Liability Insurance with minimum limits of$500,000 Combined Single Limit
(CSL) (WLI)
Section 33. HOLD HARMLESS, INDEMNIFICATION, AND DEFENSE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
CONTRACTOR covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against all claims of
whatever nature arising out of the Contractor's performance of work under this Agreement, including
but not limited to (i) any claims, actions or causes of action, (ii) any litigation, administrative
proceedings,appellate proceedings,or other proceedings relating to any type of injury(including death),
loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted
against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection
with, (A)any activity of CONTRACTOR or any of its employees,agents, contractors in any tier or other
invitees during the term of this Agreement, (B)the negligence or willful misconduct of CONTRACTOR
or any of its employees,agents, respondents in any tier or other invitees,or(C)CONTRACTOR's default
in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the
extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the
intentional or sole negligent acts or negligent acts in part 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
Page 17 of 23
during the term of this Agreement, this section will survive the expiration of the term of this Agreement
or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the CONTRACTORS failure to purchase or maintain the required insurance, the Respondent
shall indemnify the County from any and all increased expenses resulting from such delay.
In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure
to purchase or maintain the required insurance,the Contractor shall indemnify the County from any and
all increased expenses resulting from such delay.
The first ten dollars($10.00)of remuneration paid to the Respondent is for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
The provisions of this section shall survive the expiration or earlier termination of this contract.
Section 34. INDEPENDENT CONTRACTOR
At all times and for all purposes hereunder,the CONTRACTOR is an independent contractor and not an
employee of the Board of County Commissioners or Monroe County. No statement contained in this
Agreement shall be construed so as to find the CONTRACTOR or any of its employees, subcontractors,
servants or agents to be employees of the Board of County Commissioners of Monroe County. As an
independent CONTRACTOR the CONTRACTOR shall provide independent, professional judgment
and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data,and other documents prepared or compiled under its obligation for this project, and shall
correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the
work necessary to correct those errors attributable to the CONTRACTOR and any damages incurred by
the COUNTY as a result of additional costs caused by such errors shall be chargeable to the
CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data
that may be provided by the COUNTY or other public or semi-public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or
hindrances attributable to the COUNTY during the progress of any portion of the services specified in
this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an
extension of time for a reasonable period for the CONTRACTOR to complete the work scheduled. Such
an agreement shall be made between the parties.
Section 35. FEDERAL CONTRACT REQUIREMENTS
The CONTRACTOR and its subcontractors must follow the provisions, as applicable, as set forth in 2
C.F.R. §200.326 Contract provisions and Appendix II to 2 C.F.R. Part 200, as amended, including but
not limited to:
Page 18 of 23
Davis-Bacon Act, as amended(40 U.S.C. §§3141-3148). When required by Federal program legislation,
which includes emergency Management Preparedness Grant Program, Homeland Security Grant
Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port Security
Grant Program and Transit Security Grant Program, all prime construction contracts in excess of$2,000
awarded by non-Federal entities must comply with the Davis-Bacon Act (40 U.S.C. §§3141-3144, and
§§3146-3148) as supplemented by Department of Labor regulations (29 CFR Part 5, "Labor Standards
Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction"). In
accordance with the statute, contractors must be required to pay wages to laborers and mechanics at a
rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor.
In addition, contractors must be required to pay wages not less than once a week. If applicable, the
COUNTY must place a current prevailing wage determination issued by the Department of Labor in
each solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The COUNTY must report all suspected or reported violations to
the Federal awarding agency. When required by Federal program legislation, which includes emergency
Management Preparedness Grant Program, Homeland Security Grant Program,Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit Security
Grant Program (it does not apply to other FEMA grant and cooperative agreement programs, including
the Public Assistance Program), the contractors must also comply with the Copeland "Anti-Kickback"
Act (40 U.S.C. § 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole or in Part by
Loans or Grants from the United States"). As required by the Act, each contractor or subrecipient is
prohibited from inducing, by any means, any person employed in the construction, completion, or repair
of public work, to give up any part of the compensation to which he or she is otherwise entitled. The
COUNTY must report all suspected or reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145, and the
requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference into
this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the clause above
and such other clauses as the FEMA may by appropriate instructions require, and also a clause
requiring the subcontractors to include these clauses in any lower tier subcontracts. The prime
contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
(3) Breach.A breach of the contract clauses above may be grounds for termination of the contract,
and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
Contract Work Flours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable, which
includes all FEMA grant and cooperative agreement programs, all contracts awarded by the COUNTY
in excess of $100,000 that involve the employment of mechanics or laborers must comply with 40
U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR Part 5). Under
40 U.S.C. §3702 of the Act, each contractor must compute the wages of every mechanic and laborer on
the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate of
pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. 3704
are applicable to construction work and provide that no laborer or mechanic must be required to work
in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These
requirements do not apply to the purchases of supplies or materials or articles ordinarily available on
Page 19 of 23
the open market, or contracts for transportation or transmission of intelligence.
I hts to Inventions MadeLJnder a Contract or A reement. If the Federal award meets the definition of
"funding agreement" under 37 CFR §401.2 (a) and the recipient or subrecipient wishes to enter into a
contract with a small business firm or nonprofit organization regarding the substitution of parties,
assignment or performance of experimental, developmental, or research work under that "funding
agreement," the recipient or subrecipient must comply with the requirements of 37 CFR Part 401,
"Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government
Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by the
awarding agency.
Clean Air Act (42 t1.S.C. 7401-7671_q.)and the I`ad€ral Water Pollution Control Act 03 LJ.S.C, 125.1-
1387). Contractor agrees to comply with all applicable standards, orders or regulations issued pursuant
to the Clean Air Act(42 U.S.C. §§7401-7671 q)and the Federal Water Pollution Control Act as amended
(33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional Office of the
Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal
Water Pollution Control Act (33 U.S.C. 1251-1387), as amended—applies to Contracts and subgrants
of amounts in excess of$150,000.
Debarment and Suspension Executive Orders 12549 and 12689 ----A contract award (see 2 CFR
180.220)must not be made to parties listed on the government wide exclusions in the System for Award
Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement Executive
Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p. 235),
"Debarment and Suspension." SAM Exclusions contains the names of parties debarred, suspended, or
otherwise excluded by agencies, as well as parties declared ineligible under statutory or regulatory
authority other than Executive Order 12549.
Byrd Anti-lobbying Amendment (31 U.S.C. 1352. -Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it will
not and has not used Federal appropriated funds to pay any person or organization for influencing or
attempting to influence an officer or employee of any agency, a member of Congress, officer or
employee of Congress, or an employee of a member of Congress in connection with obtaining any
Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each tier must also disclose any
lobbying with non-Federal funds that takes place in connection with obtaining any Federal award. Such
disclosures are forwarded from tier to tier up to the non-Federal award.
Corwlignce with Procurement orrecovcrcd materials is as set forth in 2 CFR § 200.322, CONTRACTOR
must comply with section 6002 of the Solid Waste Disposal Act, as amended, by the Resource
Conservation and Recovery Act. The requirements of Section 6002 include procuring only items
designated in guidelines of the Environmental Protection Agency(EPA)at 40 CFR part 247 that contain
the highest percentage of recovered materials practicable, consistent with maintaining a satisfactory
level of competition, where the purchase price of the item exceeds $10,000 or the value of the quantity
acquired during the preceding fiscal year exceeded $10,000; procuring solid waste management services
in a manner that maximizes energy and resource recovery; and establishing an affirmative procurement
program for procurement of recovered materials identified in the EPA guidelines.
Americans with Disabilities Act of1.990, as amended (ADA) —The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the CONTRACTOR pursuant thereto.
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Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that
DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the
performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The
DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The
COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and
reasonable steps in accordance with 2 C.F.R. § 200.321(as set forth in detail below), applicable federal
and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform
contracts.The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis
of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this
Agreement.
2 C.F.R. § 200.321 CONTRACTING WITIJ SMALL AND MINORITY BUSINESSES
WOMEN'S BUSINESS ENTERPRISES.AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to subcontract goods
or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR shall take the
following affirmative steps to assure that minority businesses, women's business enterprises,
and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business enterprises on
solicitation lists;
(2) Assuring that small and minority businesses, and women's business enterprises are
solicited whenever they are potential sources;
(3) Dividing total requirements, when economically leasible, into smaller tasks or quantities to
permit maximum participation by small and minority businesses, and women's business
enterprises;
(4) Establishing delivery schedules where the requirement permits, which encourage
participation by small and minority businesses,and women's business enterprises;
(5) Using the services and assistance, as a propriate, of such organizations as the Small
Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the affirmative steps
listed in paragraph (1)through (5) of this section.
Domestic preference for procurement; as set forth in 2 CFR M0.322 The COUNTY and
CONTRACTOR should, to the great extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but not
limited to iron, aluminum, steel, cement, and other manufactured products). These requirements of this
section must be included in al l subawards including contracts and purchase orders for work or products
under federal award. For purposes of this section:
(1) "Produced in the United States" means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States. (2) "Manufactured products" means items and construction materials.composed
in whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based
products such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical
fiber; and lumber.
Page 21 of 23
Section 36 E-VERIFY SYSTEM
Beginning January 1, 2021, in accordance with F.S. 448.095,the Contractor and any subcontractor shall
register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the
work authorization status of all new employees hired by the Contractor during the term of the Contract
and shall expressly require any subcontractors performing work or providing services pursuant to the
Contract to likewise utilize the U.S. Department of Homeland Security's E-Verify system to verify the
work authorization status of all new employees hired by the subcontractor during the Contract term. Any
subcontractor shall provide an affidavit stating that the subcontractor does not employ, contract with, or
subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the
provisions of F.S. 448.095.
Section 37. MISCELLANEOUS PROVISIONS
37.1 Where reference is made in this Agreement to a provision of the General Conditions or another
Contract Document, the reference refers to that provision as amended or supplemented by other
provisions of the Contract Documents.
37.2 Temporary Facilities and Services: As described in Section 01500, Temporary Facilities, of the
General Conditions.
37.3 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.
37.4 Disadvantaged Business Enterprise ("DBE") Policy and Obligation. It is the policy of the
COUNTY that DBE's, as defined in C.F.R. Part 26, as amended, shall have the opportunity to
participate in the performance of contracts financed in whole or in part with COUNTY funds
under this agreement. The DBE requirements of applicable federal and state laws and regulations
apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's
have the opportunity to participate in the performance of the Agreement. In this regard, all
recipients and contractors shall take all necessary and reasonable steps in accordance with
applicable federal and state laws and regulations to ensure that DBE's have the opportunity to
compete and perform contracts. The COUNTY, CONTRACTOR, and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in award and performance of
contracts, entered pursuant to this Agreement.
37.5 Florida Green Building Coalition Standards. Monroe County requires its buildings to conform to
Florida Green Building Coalition standards.
37.6 Entire Agreement. This writing embodies the entire agreement and understanding between the
parties hereto, and there are no other agreements and understandings, oral or written, with
reference to the subject matter hereof that are not merged herein and superseded hereby. Any
amendment to this Agreement shall be in writing, approved by the Board of County
Commissioners, and signed by both parties before it becomes effective.
Page 22 of 23
a.'S'raa-y,
roy'''-�1N IN WI SS WHEREOF, the parties hereto have caused these presents to be executed on the
"- " :ayo� :,A , 2020.
,�L \ar�,1 MONROE COUNTY BOARD OF
: KEVIN M DOK, Clerk/ COUNTY " (n/cHIL.Wt,//I ',,
. , eputy Clerk Mayor
Ir.(DOuvAI„Lnl:.
—r ItO X44STON MTh
Witness(Signature) t ra,r
♦SSISrAM COON N M1 ArroMVPY
01qup21
Name (Print)
CI I Y OPP NO SONS, INC.
Wit �s(Signature) Signature
Name (Print) Print Name /(
pF1eStT)e
Witness(Signature) Title o as
Crot7-ua._( e-/€ca.4 A c,
Name (Print) — -'
— �
-o ,�
STATE OF: C L Fro c
COUNTY OF: oIVCce, _ -
(n
Sworn to (or affirmed) and ubscribed before me, by means of t physical presence or ❑ online
notarization, on 1 4/ A (date) by s1, ye t, (name
of affiant). He/She is cr pnaIly known to me or has produced
(type of ide ` ' )
w„o,; MICHAEL LAB R ADA
4,, ryt16T7Commission GG? ✓
‘State oi
lic
MY CJunrnlssIon e.olres NOTARY PUBLIC
June 19. xa21
My Commission Expires:
Page 23 of 23
EXHIBIT A to CONTRACT
Copies of Licenses
(attach copies of all licenses)
Page 21 of 22
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2020 / 2021
ONROE COUNTY BUSINESS TAX RECEIPT
EXPIRES SEPTEMBER 30, 2021
RECEIPT# 30140-89800
Business Name; CHARLEY TOPPINO &SONS INC
EDWARD TOPPING SR 8.5 ROCKLAND KEY
Owner Name: Business Location: KEY WEST, FL 33040
Mailing Address:
P O BOX 787 Business Phone:
KEY WEST, FL 33041 Business Type: CONTRACTOR(ENG CLASS I CC 749 A)
Employees 10
COMP CARD: CC749A
Tax Amount Transfer Fee I Sub-Total Penalty Prior Years Collection Cost Total Paid
25.00 0.00 25.00 0.00 0.00 0.00 25.00
Paid 122-19-00002505 08/13/2020 25 .00
THIS BECOMES A TAX RECEIPT Danise D. Henriquez, CFC, Tax Collector THIS IS ONLY A TAX.
WHEN VALIDATED PO Box 1129, Key West, FL 33041 YOU MUST MEET ALL
COUNTY AND/OR
MUNICIPALITY PLANNING
AND ZONING REQUIREMENTS.
MONROE COUNTY BUSINESS TAX RECEIPT
P.O. Box 1129, Key West, FL 33041-1129
EXPIRES SEPTEMBER 30, 2021
Business Name; CHARLEY TOPPING &SONS INC
RECEIPT# 30140-89800
8.5 ROCKLAND KEY
Owner Name: EDWARD TOPPING SR Business Location: KEY WEST, FL 33040
Mailing Address: Business Phone:
P 0 BOX 787 Business Type: CONTRACTOR(ENG CLASS I CC 749 A)
KEY WEST, FL 33041
Employees 10
COMP CARD: CC749A
Tax Amount Transfer Fee Sub-Total Penalty Prior Years Collection Cost Total Raid
25.00 0.00 25.00 0.00 0.00 0.00 25.00
Paid 122-19-00002505 08/13/2020 25.00
COMPOSITE EXHIBIT B TO CONTRACT
REQUIRED FORMS
(attach copies of Public Entity Crime Statement, Ethics Statement, a Drug-Free Workplace Statement,
and Insurance Documentation)
Page 22 of 22
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a public
entity, may not submit a bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit bids on leases of real property to public entity, may not be
awarded or perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under
a contract with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months
fro the date of being placed on the convicted vendor list."
I have read the above and state that neitherCharlev Topping &Sons, Inc(Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date_ -
STATE OF.
COUNTY OF 11 am
Subscribed and swom to (or affirmed) before me on kthL hp"a. ®�
(date)by (name of affiant). He/She_i_s rf, known tome or has
produced ( of identification)as identification.
MICHAEL'LABRADA
Late of ss tl -GGa11S317E NO ARY P BLIC
My commission Expires
June 19, 2021 My Commission Expires:
�Mf
CHAE
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ta of Florida- ADA
c°-�"mn?iss,,, {Zary pul)fu
fR�Y'``c�ar,aa-bi.4�e r•a� 7 ss,;rr
Page 36 of 44
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
" Charley Togaino&Sans. Inc
(Company)
"...warrants that he/it has not employed, retained or otherwise had act on his/her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach
or violation of this provision the County may, in its discretion, terminate this Agreement
without liability and may also, in its discretion, deduct from the Agreement or purchase price,
or otherwise recover, the full amount of any fee, commission, percentage, gift, or
consideration paid to the former County officer or employee.°
(Signature) IV
Date: 1
STATE OF:
COUNTY OF: i
Subscribed and swum to (or affirmed) before me ont
(date) by .... (name of affiant). e!
onaf k or has produced
(type of identification) as identification.
NO ARY PROF
My Commission Expires:
datdo iC, EL LABRADA
State of Ffondii-NOWY Public
Page 33 Of 44 . Commission# GG 116317
a My con7mi5sior� Expires
=6`��;;w...m Juno 19. 2021
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statutes Section 287.087 hereby certifies that:
Charley Topping&Sons, Inc
(Name of Business) —
1. Publishes a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession,or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Informs employees about the dangers of drug abuse in the workplace, the business' policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3. Gives each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or plea
of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5)days after such conviction.
5. Imposes a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community,or any employee
who is so convicted.
6. Makes a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirem ts.
q
(Signature)
Date: /hu A-
----
STATE OF: FL
COUNTY OF: MONROE
Subscribed and sworn to(or affirmed) before me on t _(date) by
(name of affiant}. ielSh' knovm
to me or has produced (type of identification) as identification.
RM
EL LABRADANOTARY PUBLIC
rida-Notary Publicon # GG 116317misuion Expires My Commission Expires:
e 19, 2021
Page 35 of 44
DATE(MM/DD/YYYY)
A�" CERTIFICATE OF LIABILITY INSURANCE 2/24/2021
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must 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 rights to the certificate holder in lieu of such endorsement(s).
PRODUCER CONTACT
NAME: Illana Abbate
Marsh &McLennan Agency LLC PHONE FAX
9850 N.W. 41 st Street A/c No EXt: A/C,No):
E-MSuite 100 ADDRESS: certsmiami@mma-fl.com
Miami FL 33178 INSURER(S)AFFORDING COVERAGE NAIC#
INSURERA:Travelers Indemnity Co of America 25666
INSURED CHARLTOPPI INSURERB: Phoenix Insurance Company 25623
Charley Toppino &Sons Inc. INSURERC:Travelers Property Casualty Co of Amer 36161
Monroe Concrete Products Inc.
P.O BOX 787 INSURERD:Travelers Indemnity Company 25658
Key West FL 33041 INSURER E: Evanston Insurance Company 35378
INSURER F:
COVERAGES CERTIFICATE NUMBER:2121517433 REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS
LTR INSD WVD POLICY NUMBER MM/DD MM/DD
A X COMMERCIAL GENERAL LIABILITY DTC03202M181TIA20 5/19/2020 5/19/2021 EACH OCCURRENCE $2,000,000
DAMAGE TO RENTED
CLAIMS-MADE � OCCUR PREMISES
(E.occurrence)
ccurrrence) $300,000
Approved Risk Management MED EXP(Any one person) $10,000
�-+ PERSONAL&ADV INJURY $2,000,000
GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $4,000,000
X POLICY� PE� LOC 3-2-2021 PRODUCTS-COMP/OP AGG $2,000,000
OTHER: $
D AUTOMOBILE LIABILITY 810ON4284482026G 5/19/2020 5/19/2021 COMBINED SINGLE LIMIT $1,000,000
Ea accident
X ANY AUTO BODILY INJURY(Per person) $
OWNED SCHEDULED BODILY INJURY(Per accident) $
AUTOS ONLY AUTOS
X HIRED X NON-OWNED PROPERTY DAMAGE $
AUTOS ONLY AUTOS ONLY Per accident
C X UMBRELLA LAB X OCCUR CUP3J6572212026 5/19/2020 5/19/2021 EACH OCCURRENCE $10,000,000
EXCESS LAB CLAIMS-MADE AGGREGATE $10,000,000
DED X RETENTION$1 n nnn $
B WORKERS COMPENSATION UB4K5263662026G 5/19/2020 5/19/2021 X PER OTH-
AND EMPLOYERS'LIABILITY Y/N STATUTEI ER
ANYPROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000,000
OFFICE R/M EMBER EXCLUDED? ❑ N/A
(Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $1,000,000
If yes,describe under
DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
E POLLUTION LIABILITY MMAENV002248 2/2/2021 2/2/2023 Limit 5,000,000
Retention 25,000
Policy Aggregate 5,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required)
General Liability Aggregate applies per Project if required by written contract.
Monroe County Board of County Commissioners,its employees and officials,as Designated Organization, is an Additional Insured as respects General&Auto
Liability. Umbrella follows form to the underlying policies as respects to Additional Insureds.All of the above is applicable when required by written contract
subject to the terms,conditions and exclusions of the policy.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
Monroe County Board of County Commissioners (BOCC)
500 Whitehead St AUTHORIZED REPRESENTATIVE
Key West FL 33040
@ 1988-2015 ACORD CORPORATION. All rights reserved.
ACORD 25(2016103) The ACORD name and logo are registered marks of ACORD
2018 Union
MONROE COUNTY, FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
Contrac(or,Vendor Charley Toppino Sons,_Inc
Project or Service: Demolition, Removal, and Disposal of Uninhabitable/Unsafe
Structures and Debris
Contrac(or,Vendor
Address& Phone PO Box 787,Key WCSL,FL 33-041.,3,05-296-5606
General Scope of Work: Mechanical Demolition
Reason for Waiver or No Watercraft will be used and work is not
Modification: akl}aoenl 4)-waterhne; Watercraft liability is not
needed
Policies Waiver or Watercraft Liability
will apply to:
Signature of Contractor Vendor:
Date: Approved Not Approved
Pry
Risk Management Signature:
Date:
County Administrator appeal:
Approved: Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Date:
Administratku Instruction 7500.7
2018 Edition
MONROE COUNTY, FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract.
Contractorr Vendor Charley 1 oppino &Sons, Inc
Project or Service: Demolition, Removal, & Disposal of Uninhabitable/Unsafe
Structures and Debris
Contractor Vendor
Address& Phone °t: PO Box 787,_Key West, FL_3304_l a
305-296-5606
General Scope ofWorL Mechanical Demolition
Reason for Waiver or No work to be done on waterfront/shoreline
Modification.
Policies Waiver or
Modification will apply to: eman s & Harbor Workers' (,overage
Signature of Contractor t A . ��
Date: Approved X Not Approved
Risk?Management Signature. � � _.3-8-2021
Coate:
County Administrator appeal:
Approved: _ Not Approved:
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting Coate:
Adrninistrati,xc Instruction 7500,7
f 04