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Item C39BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY MEETING DATE: 3/17/04 DIVISION: COUNTY ADMINISTRATOR BULK ITEM: YES DEPARTMENT: AIRPORTS AGENDA ITEM WORDING: Approval of contract with Gardens of Eden, (the second lowest bidder), to provide landscape maintenance at the Key West International Airport. ITEM BACKGROUND: Keys Landscaping, the low bidder, was unable to meet the Airport security requirements. rICCVIUUJ RCLCVAN I DUU , Al, I IUN.: Approval io aaveruse Dias, IU/10/Us. Approval to rescind award of bid to Keys Landscaping, and award bid to Gardens of Eden, 2/18/04. CONTRACT/AGREEMENT CHANGES: New agreement STAFF RECOMMENDATION: Approval TOTAL COST: $112,000.00 COST TO AIRPORT: $112,000.00 COST TO PFC: None COST TO COUNTY: None REVENUE PRODUCING: No BUDGETED: Yes SOURCE OF FUNDS: Airport Operating Budget AMOUNT PER NEAR: APPROVED BY: County Attorney X OMB/Purchasing X Risk Management X DIRECTOR OF AIRPORTS APPROVAL KT Peter J. Horton DOCUMENTATION: Included X To Follow DISPOSITION: /bev APB Not Required AGENDA ITEM # C �q MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract # Contract with: Gardens Of Eden Effective Date: Execution Expiration Date: 1 year, plus options Contract Purpose/Description: Landscape Maintenance at the Key West International Airport (award is to the second lowest bidder, as the low bidder could not meet the Airports security requirements) Contract Manager: Bevette Moore # 5195 Airports - Stop # 5 (name) (Ext.) (Department/Courier Stop) for BOCC meeting on: 3/17/04 Agenda Deadline: 312/04 Total Dollar Value of Contract: 112,000.00 Budgeted? Yes Grant: No County Match: None Estimated Ongoing Costs: N/A (not included in dollar value above) CONTRACT COSTS Current Year Portion: -r56,000.00 Account Codes: 404-63001-530-340 ADDITIONAL COSTS For: . (eg. maintenance, utilities, janitorial, salaries, etc CONTRACT REVIEW Changes Date In Needed Yes No Airports Director 2 /11 /a!(- ( ) Risk Management 02 / /0 / 0 ( ) (►� O.M.B./Purchasing /�10 County Attorney / / ( ) ( ) & ob �O 1 t f-- Rob Wolfe Reviewer Comments: �MWIIM-r i irA M,/ %-- 1 // /i t I ! _ L _b A' Date Out Z r7/ - 02 //0 / ° y a // �/Z)"v °off---/ S / 0y wa IV, y"a�'E't . LANDSCAPE MAINTENANCE AGREEMENT Keys Landscaping Maintenance and Machines, Inc. THIS AGREEMENT, made and entered into the day of , 2004, by and between MONROE COUNTY, Florida, (hereinafter called "Owner" or "County") and GARDENS OF EDEN (hereinafter called "Contractor"). The parties hereto, for the consideration hereinafter set forth, mutually agree as follows: 1. Scope of work. The work to be performed is landscaping services at Key West International Airport (KWIA). The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation and perform all of the work described in the Specification entitled: Landscaping Services Specifications and Contractor's bid dated November 12, 2003, attached hereto as Exhibit A and incorporated as part of this contract document, or as directed by the Airport Director. 2. Contract sum. The Owner shall pay to the Contractor for the performance of the Contract, as follows: A. The Owner shall pay the Contractor for the performance of said service on a weekly arrears basis. The Contractor shall invoice the Owner weekly for the landscape maintenance performed under the Contract Documents contained herein. B. The total compensation to be paid the Contractor during the term of the Contract shall not exceed $112,000.00 during the first year. C. Compensation to the Contractor shall be calculated, billed, and paid on the basis of $25.00 per hour per person performing services. 3. Contractor's acceptance of conditions. A. The Contractor hereby agrees that the site has been carefully examined and investigated to fully satisfy Contractor that the bid is correct and contains no errors, and that Contractor assumes full responsibility therefor. The provisions of this Contact shall control any, inconsistent provisions contained in the specifications. All Specifications have been read and carefully considered by the Contractor, and Contractor understands the same and agrees to their sufficiency for the work to be done. Under no circumstances, conditions, or situations shall this Contract be more strongly construed against the Owner than against the Contractor. B. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and Owner's decision shall be final and binding upon all parties. C. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and Specifications covering said work. Failure on the part of the Contractor, immediately after Notice to correct workmanship shall entitle the Owner, if it sees fit, to correct the same and recover the reasonable cost of such correction from the Contractor. Contractor is who shall in any event liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or Contractor's failure to comply strictly with this Contract and with the Specifications. 4. Term of contract/renewal. This contract shall be for a period of one (1) year, commencing on the date first above written, with two one year options exercisable at the discretion of the County. S. Hold harmless. The Contractor shall defend, indemnify and hold harmless the County from any and all claim(s) and demand(s) that may be made against the County from any act or omission of the Contractor arising out of his duties and obligations under this Contract, excluding any claims or demands predicated solely on act(s) or omission(s) of the County. 6. Independent Contractor. At all times and for all purposes under this agreement the Contractor is an independent contractor and not an employee of the Monroe County Board of County Commissioners (BOCC). No statement contained in this agreement shall be construed so as to find the Contractor or any of his/her employees, contractors, servants, or agents to be employees of the Monroe County Board of County Commissioners. 7. Assignment/Subcontract. The Contractor shall not assign or subcontract this agreement, except in writing and with the prior written approval of the BOCC, for which approval shall be subject to such conditions and provisions as the Board may deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Board in addition to the total agreed -upon price of the services of the Contractor. a. Compliance With Law. In providing all services pursuant to this agreement, the Contractor shall abide by all statues, ordinances, rules and regulations pertaining to, or regulating the provisions of, such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the Contractor. The Contractor shall possess proper licenses to perform work in accordance with these specifications throughout the term of this contract. 9. Insurance. Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated on the attached Exhibit B which is attached hereto and incorporated as part of this contract document. 10. Funding availability. Notwithstanding anything contained elsewhere in this contract, if funds for KWIA services are partially reduced by the BOCC or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this contract may then be terminated immediately at the option of the BOCC by written notice of termination delivered in person or by mail to the Contractor. The BOCC shall not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of termination. 11. Professional Responsibility. The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described. The Contractor shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Board is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of Contractor. 12. Notice requirement. Any notice required or permitted under this contract shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, return receipt requested, to the following: COUNTY Peter Horton KWIA Airport Director 3491 S. Roosevelt Blvd. Key West, FL 33040 CONTRACTOR Gardens of Eden 92 Bay Drive Key West, FL 33040 2 1 13. Cancellation. The County may cancel this contract for cause with seven (7) days 2 notice to the Contractor. Cause shall constitute a breach of the obligations of the Contractor to 3 perform the services enumerated as the Contractor's obligations under this contract. Either of the 4 parties hereto may cancel this contract without cause by giving the other party sixty (60) days 5 written notice of its intention to do so. b in all books, records, and documents directly 7 14. Records. Contractor shall mainta 8 pertinent to performance under this Agreement in accordance with generally accepted accounting 9 principles consistently applied. Each party to this Agreement or their authorized representatives 10 shall have reasonable and timely access to such records of each other party to this Agreement for 11 public records purposes during the term of the Agreement and for four years following the 12 termination of this Agreement. 13 14 1S. Governing Law, Venue, Interpretation, Costs, and Fees: 15 A. This Agreement shall be governed by and construed in accordance with the laws of the 16 State of Florida applicable to contracts made and to be performed entirely in the State. 17 18 B. In the event that any cause of action or administrative proceeding is instituted for the 19 enforcement or interpretation of this Agreement, the County and Contractor agree that venue will lie 20 in the appropriate court or before the appropriate administrative body in Monroe County, Florida. 21 22 C. The County and Contractor agree that, in the event of conflicting. interpretations of the 23 terms or a term of this Agreement by or between any of them the issue .shall be submitted to 24 mediation prior to the institution of any other administrative or legal proceeding. 25 26 16. Severability. If any term, covenant, condition or provision of this Agreement (or the 27 application thereof to any circumstance or person) shall be declared invalid or unenforceable to any 28 extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and 29 provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, 30 condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent 31 permitted by law unless the enforcement of the remaining terms, covenants, conditions and 32 provisions of this Agreement would prevent the accomplishment of the original intent of this 33 Agreement. The County and Contractor agree to reform the Agreement to replace any stricken 34 provision with a valid provision that comes as close as possible to the intent of the stricken 35 provision. 36 37 17. Attorney's Fees and Costs. The County and Contractor agree that in the event any 38 cause of action or administrative proceeding is initiated or defended by either party relative to the 39 enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable 40 attorney's fees, court costs, investigative, and out-of-pocket expenses, as an award against the non- 41 prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket 42 expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this 43 Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary 44 procedures required by the circuit court of Monroe County. 45 46 18. Binding Effect. The terms, covenants, conditions, and provisions of this Agreement 47 shall bind and inure to the benefit of the County and Contractor and their respective legal 48 representatives, successors, and assigns. 49 50 19. Authority. Each party represents and warrants to the other that the execution, 51 delivery and performance of this Agreement have been duly authorized by all necessary County and 52 corporate action, as required by law. 53 54 20. Adjudication of Disputes or Disagreements. County and Contractor agree that all 55 disputes and disagreements shall be attempted to be resolved by meet and confer sessions between 56 representatives of each of the parties. If no resolution can be agreed upon within 30 days after the 3 l- first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board 2 of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the 3 parties, then any party shall have the right to seek such relief or remedy as may be provided by this 4 Agreement or by Florida law. 5 6 21. Nondiscrimination. 7 A. County and Contractor agree that there will be no discrimination against any person, 8 and it is expressly understood that upon a determination by a court of competent jurisdiction that 9 discrimination has occurred, this Agreement automatically terminates without any further action on 10 the part of any party, effective the date of the court order. County or Contractor agree to comply 11 with all Federal and Florida statutes, and all local ordinances, as applicable, relating to 12 nondiscrimination. 13 14 B. These include but are not limited to: 15 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the 16 basis of race, color or national origin. 2) Title IX of the Education Amendment of 1972, as amended 17 (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex. 3) 18 Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits 19 discrimination on the basis of handicaps. 4) The Age Discrimination Act of 1975, as amended (42 20 USC ss. 6101-6107) which prohibits discrimination on the basis of age. 5) The Drug Abuse Office 21 and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of 22 drug abuse. 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and 23 Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of 24 alcohol abuse or alcoholism. 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 25 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent 26 records. 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to 27 nondiscrimination in the sale, rental or financing of housing. 9) The Americans with Disabilities Act 28 of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to nondiscrimination 29 on the basis of disability. 10) Any other nondiscrimination provisions in any Federal or state statutes 30 which may apply to the parties to, or the subject matter of, this Agreement. 31 32 22. Cooperation. In the event any administrative or legal proceeding is instituted 33 against either party relating to the formation, execution, performance, or breach of this Agreement, 34 County and Contractor agree to participate, to the extent required by the other party, in all 35 proceedings, hearings, processes, meetings, and other activities related to the substance of this 36 Agreement or provision of the services under this Agreement. County and Contractor specifically 37 agree that no party to this Agreement shall be required to enter into any arbitration proceedings 38 related to this Agreement. 39 40 23. Covenant of No Interest. County and Contractor covenant that neither presently 41 has any interest, and shall not acquire any interest, which would conflict in any manner or degree 42 with its performance under this Agreement, and that only interest of each is to perform and receive 43 benefits as recited in this Agreement. 44 45 24. Code of Ethics. County agrees that officers and employees of the County recognize 46 and will be required to comply with the standards of conduct for public officers and employees as 47 delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or 48 acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public 49 position, conflicting employment or contractual relationship; and disclosure or use of certain 50 information. 51 52 25. No Solicitation/Payment. The County and Contractor warrant that, in respect to 53 itself, it has neither employed nor retained any company or person, other than a bona fide employee 54 working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any 55 person, company, corporation, individual, or firm, other than a bona fide employee working solely 56 for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting 4 from the award or making of this Agreement. For the breach or violation of the provision, the 2 Contractor agrees that the County shall have the right to terminate this Agreement without liability 3 and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, 4 commission, percentage, gift, or consideration. 5 6 26. Public Access. The County and Contractor shall allow and permit reasonable access 7 to, and inspection of, all documents, papers, letters or other materials in its possession or under its 8 control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the 9 County and Contractor in conjunction with this Agreement; and the County shall have the right to 10 unilaterally cancel this Agreement upon violation of this provision by Contractor. 11 12 27. Non -Waiver of Immunity. The provisions of Sec. 286.28, Florida Statutes, the 13 participation of the County and the Contractor in this Agreement and the acquisition of any 14 commercial liability insurance coverage, self-insurance coverage, or local government liability 15 insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability 16 coverage, nor shall any contract entered into by the County be required to contain any provision for 17 waiver. 18 19 28. Privileges and Immunities. All of the privileges and immunities from liability, 20 exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' 21 compensation, and other benefits which apply to the activity of officers, agents, or employees of any 22 public agents or employees of the County, when performing their respective functions under this 23 Agreement within the territorial limits of the County shall apply to the same degree and extent to 24 the performance of such functions and duties of such officers, agents, volunteers, or employees 25 outside the territorial limits of the County. 26 27 29. Legal Obligations and Responsibilities. Non -Delegation of Constitutional or 28 Statutory Duties. This Agreement is not intended to, nor shall it be construed as, relieving any 29 participating entity from any obligation or responsibility imposed upon the entity by law except to 30 the extent of actual and timely performance thereof by any participating entity, in which case the 31 performance may be offered in satisfaction of the obligation or responsibility. Further, this 32 Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the 33 constitutional or statutory duties of the County, except to the extent permitted by the Florida 34 constitution, state statute, and case law. 35 36 30. Non -Reliance by Non -Parties. No person or entity shall be entitled to rely upon the 37 terms, or any of them, of this Agreement to enforce or,attempt to enforce any third -party claim or 38 entitlement to or benefit of any service or program contemplated hereunder, and the County and the 39 Contractor agree that neither the County nor the Contractor or any agent, officer, or employee of 40 either shall have the authority to inform, counsel, or otherwise indicate that any particular individual 41 or group of individuals, entity or entities, have entitlements or benefits under this Agreement 42 separate and apart, inferior to, or superior to the community in general or for the purposes 43 contemplated in this Agreement. 44 45 31. Attestations. Contractor agrees to execute such documents as the County may 46 reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- 47 Free Workplace Statement. 48 49 32. No Personal Liability. No covenant or agreement contained herein shall be deemed 50 to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his 51 or her individual capacity, and no member, officer, agent or employee of Monroe County shall be 52 liable personally on this Agreement or be subject to any personal liability or accountability by reason 53 of the execution of this Agreement. 54 55 33. Execution in Counterparts. This Agreement may be executed in any number of 56 counterparts, each of which shall be regarded as an original, all of which taken together shall 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 coristitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. 34. 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. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK By Deputy Clerk I NNWNENNKINN,91 SHEHJ► SEAL �sipn 0 DD=5131 ( ) r ` E,pil.s 4airm ATTEST: of" dvow i � Flaid� Notay Iwn.. tnc. s By A� da, JJ, Title jairKWIAlandscape BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor/Chairperson GARDENS OF EDEN By Title MONROE COUNTY AT T ORNEY RO M: ROBE WOLFE CHIEF AS ISTA ;OUgTY A ORNEY Deter S r? 9 EXHIBIT `A' Gardens of Eden 92 Bay Drive Key West, FL 33040 (305) 745-3677 ph/fax * (305) 304-7855 cell RE: Bid/Key West International Airport 3491 S. Roosevelt Blvd. Key West, FL 33040 To Whom It May Concern: November 72, 2003 Let me first take this opportunity to thank you for the privilege of bidding for your project for the property maintenance at Key West International Airport. Gardens of Eden would be more than happy to accommodate any and all of your needs per your contract as follows for. - The Terminal Area - The ARFF Building The Parking Lots The Access Roads The Runway/Taxiway/Aircraft Ramp Areas The following as described would apply to the above -mentioned areas with man-hours appointed and executed according to season conditions and maintenance need. Approximately 40 man-hours per week, 5 days per week, would be an average for the dry season, with a higher, varying amount of man-hours required to maintain property to specifications in the rainy season. Total contract amount will be billed by Gardens of Eden in weekly man-hours and paid weekly by EYW as billed. Terminal Area ARFF Buildin Parking Lot Areas Pick up trash & debris throughout all parking lot areas on a daily basis. Empty refuse containers as required. Mow and trim all grass areas as needed. Water potted plants as required. Fertilize plants, pots, shrubs, and grass as needed. - Trim palm trees to assure that fronds do not interfere with traffic. - Trim & shape shrubbery as needed. - After mowing & trimming, remove all debris & blow area clean. Gardens of Eden 92 Bay Drive Key West, FL 33040 --, (305) 745-3677 ph/fax • (305) 304-7855 cell Access Roads Pick up trash & debris along the roadside daily. Trim palm trees to insure that fronds do not interfere with traffic. Trim & shape shrubbery. Mow and trim all grass areas as needed. After mowing & trimming, remove all debris & blow area clean. Trim trees for safety prior to the start of hurricane season. Runway & Taxiway Areas As needed: Mow & trim grass areas between aircraft parking ramps and taxiway to assure that all taxiway lights are clear of grass and are visible. As needed: Mow & trim grass areas between the taxiway and the runway to assure that all lights are clear of grass & are visible. Government Road/Bunker Area & Fence Perimeter Mow & trim Bunker area, fence perimeter, and on Airport property along Government Road as needed. Supplies & Equipment Gardens of Eden will provide their own supplies, equipment & materials. Insurance Requirements • $100,000 Workman's Compensation 300,000 General Liability 100.000 Vehicle Liability 2 Gardens of Eden 92 Bay Drive Key West, FL 33040 (305) 745-3677 ph/fax ¢ (305) 304-7855 cell Employees & Subcontractors All employees of Gardens of Eden will have & pass an airport background investigation, including a FBI fingerprint examination. There will be no employee of Gardens of Eden working on EYW property who is not of legal immigration status with the proper documentation to prove this. Contract Term This contract between Gardens of Eden & Key West International Airport will be for one year, with (3) three one year options to renew upon mutual agreement. Please let me take this opportunity to say that it has truly been our pleasure working at & with everyone here at EYW. We have truly appreciated the opportunity to serve you through the years. We look forward to continuing to serve you with our high standards of property maintenance for many more years to come. If you should have any problems or questions at all, please feel free to call me at any of the above captioned numbers and I will be happy to assist you in any way that I can. Sincerely, Desiree Bona Gardens of Eden 3 Gardens of Eden 92 Bay Drive Key West; FL 33040 .. (305) 745-3677 ph/fax * (305) 304.7855 cell Total Proposed Cost For Annual Maintenance Contract at EYW: 4,480 hrs. @ 25.00 per hr.................................................$1129000.00 Proposal accepted as is. `'4e would like to amend proposal. Signature: Date: All materials mentioned in the above proposal are to he included in contract. Any extra costs are expressly noted and agreed upon by signature of this contract b, Key West International airport. Please send any amendment to this proposal on separate sheet to be approved by Gardens of Eden. Please sign. cop, for your records. S return original signed proposal to Gardens of Eden. 4 IA the City M to law on my oath, and under penny of Perjury, depose and say that; 1) I am :DeS 1 P e— the bidder making the Proposal for- the project described as follows: Z) The prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restrictnnq competition, as to any matter relating to such prices with any other bidder or with any competitor; 3) Unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4) No attempt has been made or will be made by the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; , 5) The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County reties upon the truth of the statements contained in this affidavit in away dreg corrtna.�ts for said project ` I -STATE OF F7*0rjaw (Signature of Bidder) COUNTY of HDhroe l l l 03 DATE PERSONALLY APPEARED BEFORE ME, the undersigned authority, e s i re O r, Car who, after first being sworn by me �e individual ' ( °f n9) affixed his/her signature in the space provided above on this s day of NOTARY PUBLIC' ember W My commission mpirw. OMMM . Prtei. ' a Ei(P��.S.' QCimEf 2Z. �,��i'it 8011d�o ThNNO�ryq�� DRUG -FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies thc& (Name of Busirms) L Publish a statement ratifying employees that the tranufacture distribution d1spanang, Possession, or use of o e�orrtrolled substance is prohibited in the workplace and q= fft the actions that wilt be taken 0001yees for violafions of such prohibition 2. Inform employees about the dangers of drug abuse in the n9 a &19-free workplace, arty available drug co W�'�' the business's polity of n9• rehabilitation, and employee violatrorts.. Program, and the penalties that my be IMPOsW Upon apioyees for drug abuse 3. Give each employee engaged in providing the commodities or con ti'achW services that are under bid n copy of the Statement specified in subsection (11 4 In the statement specified in subsection (1), ratify the l working on the commodities or s that are emplbidoyees that, as a condition of w the terms of the statement arrdwill� the employee wr7l abide by polo A0� �Ya' � OW0°m"�� of, or plea of guilty or s�vbstaftoe taw of the U�. rr' � States Of= �ft S�tatvt�es) or of cny oontt�olied fates or any state, for a.viclafion occurring in the workplace h0 later than fire (5)-days after such conviction. 5. Impose a som"On satisfactory P� �, m' require the on in a drug abuse assistance or rehaConvicted program i f �h is available in the ma's oonmuft, or a yemployeewho is so eted. 6. Mahe a good faith effort to oont&n to maintain a d implementation of this section. rug'fr'ee workplace through As the Peron authorized to sign the statement, I certify that this firm complies above reQuirernerrts, � , '� � .. P fully with the SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETHICS CLAUSE • • t cT � warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No.10-1990 or any County officer or employee in violation of Section 3 of Ordinance No.10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, omission, Pere, gift, or consideration paid to the former County officer or employee, %03yiw& urej '-/9 �s STATE OF r I O r'1 C� COUNTY OF Ht)r)rc)e PER.50NAUY APPEARED BEFORE ME, the undersigned authority' who, after first beingsworn by me, affixed h' r signature, Own of individual signing) in the space provided above an this day of l� a,renr, bear NOTARY PUBLIC My commission expires: N.Mr... new & arm •r_ W aOML11SS10N / M 1600z3 EVM: O=ber zZ zoos "�;ji�'� emd�anwlearryPoo6:l�rwrrs wA P=()n or afffl' who has bean piacxd ()n the convicted vaudor list f0 llowing a cotviction for � sty crime maynot submit a bid an a c as tact to Provide anygoods orsetvices to a public not submit a bid on a contact with a public entity for the � public �tY, may Pubes � may not submit bids an leases of real property to � of a public g or perform work as a � �ty� may not be aaraoded or contractor, supplier, sabcontracto� or consni�at imdera cantmctwith entity, and may not busin as with aaypubiic andly in etocess of tite mold �� �� � � in Section 297.017, for CATEGORY TWO for a padod of 36 mo�tbs from the � o the convicted vendor iistw fbeingphtced on nONW.25.2O M311:4pm VRiOFf SOM p.5 F—AC �TiFiCATE OF LIA131LITY INSURANCE OPm MRa�, , ZZ I9 03 Le l6�{I�/1sA�MilstOrq�YAtaO � tpgRi178 tIF'Ol/TNECE9��� 99,q PSRs MW $i =043 pONI.L'StlB.OML "Mo �s iRbsO°� a =sue Soncbsgt ss3p� CnvetA new a. °F iti{maaor�.rEatiss)itlomtltis�suslmwwtiolt llolellerOtsrt+aa ��ims we �MTlit t�ontwsetta+ri qm mmmmowtoa s POUDO �1�IIiLMI1liR11M1—Nmw�1 sil11NRiRQ� ltpALL71R1t�tiOpftiO p�pIR14aF�Yp! ! . � tiAIOCY{� Od�att� 7MFO �i/oa wtz/od tom• %► 7C MnwetwnaswM.tuSUM �g 6 860 ttsswrpotr s5OO,O0O gtiRtti sR4J�0R�lstttgst�MrsPM pi si 000.000 FE;= 0 t�Ct: - �� 1, 000 DD t ��=sorrt�uK - Nwa11101 �trMYlRti11R• � +scams®�uios s+�tsspwreos 1ttsltwtr a tMeo+tsltos 1 RMYI► E .�� —4 _. w..setrastuK ~ s - .s.,rrlo .eEoanta.sssoep� _ .• onts"m st►soe s to AIRM AO1O°r' AOE s 0i01' CLIAMM SE 00f s swan m °s i te �e�e.roR s q wls s .. t tstte,ot!sta arr . a/talilY��smttoown ELb�LR�ptsp4R = �.r.. EL4OIEE- s °� siaesa[.00uet� ! ' t �_+oNora�,ds���sai��atfaooe��.�EiC1�wt��to the •Sbe raoatmt a� a On thOtt�l�i ttatQ opp iss for ' " a! is sage a�tailahle for &U jobs anal 1,o=tU=w* C � t ! 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Coverage shall be maintained throughout the life of the contract and include, as a minimum: • Premises Operations • Products and Completed Operations • Blanket Contractual Liability • Personal 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: $100,000 per Person $300,000 per Occurrence $ 50,000 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. GL1 Administration Instruction #4709.5 53 1996 Edition VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND 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: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VL1 Administration Instruction #4'709.5 80 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. 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. 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. 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