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01/25/2022 Agreement Monroe County Purchasing Police and Procedures A`TA+C11MENT I).g COIJINTY ADVIINIST ATO i CON-l-RACT SU 1MARY FORM FOR. CONTRACTS E.E SS THAN `�°�{),000.00 C ontract with.- 40h t�u�i( C ontract 4 E.fT ctive Date: Expiration Date: Contract PUr os`1Desc:ri Lion: Contract is Oi-i )_inal A{,veement Contract Amendment/Extension Renewal - Contract ManaEcr: (Nance) (Flat.) (De artmenv"Stop 9) C'C)NTE~AC F COSTS Total Dollar Value ol`Contract: S Current Year Portion-, ni5t tax:fit,,a n ;,r^t,,33 1 7781,2 inaeU,r a 3c�m6nt 11) r,S c!quul5 13 CC Ars[IW� AI, IT] the t9[i jI`,tI tT Tt ffildueted`l YeAVJ No ACCOUntCode _ �-�-�- Grant: S - - - Co4rnt� Match: $ ADDITIONAL IONAL COS 1 S F:stirnated C)ngo€no Casts: _/ r- For: _ t'sot included its dollar value aho%ei ntainteTIMIcc. Utilities,janitorial. salaries-etc.)__ 111SUrance RegUired: YES = NO CONTRACT I. R F V l F W Changes Date. In Needed Revievver Date In Departinent I lead Yes 'No[Z] William DeSantis 1/13/22 Coctnti Attorney YesE]NoF,—/] PatriciaEa les „29',= . , „ _ 1/18/2022 Risk Management gal"esONoWl � y.3 1/18/2022 ECrista Presnlek 1/19/2022 ; ',°'":.' ,,k,;"' ` , ,;" C). E.L .r'E'trrclasinz `t"t s�'Nc� Comments: Revised BQCC I0,`_11,`2020 I'a,_) 83 of 101 i MONROE COUNTY BOARD OF COUNTY COMMISSIONERS REQUEST FOR SERVICES FOR Astro City - New Playground Equipment with Installation BOARD OF COUNTY COMMISSIONERS Ma\-(:)i- David Rice, District 4 Mavor Prol"eii-i Cra44 Cates, District I Mvichelle Coldiron, District I.-cidle Nilartinez. District 3 Holly Merrill Raschein, District 5 COUNTY ADMINISTRATOR Roman Gastesi Clerk of the Circuit Court Facilities Maintenance Director Kevin Madok William DeSantis 12/1/2021 PREPARED BY: Monroe County Facilities Maintenance Department P'a-e 1 of 27 f Johnny Pitts Construction, Inc. Estimate 4124 Pace t.n Milton,FL 3271 C 152789 G C1332013 p E 12001938 j I I I Monroe County Public Works 3583 B Roosevelt Blvd Joey West, FL 3304 Att.Chrissy Collins Date.. Estimat Project 11/16/21 3561 A tro Park Description Rate Total a !_ Landscape Structures:(1)Mack Climber 9 Blacks, (1) 1 27, 29.25 27,629.25� DigiRider Fire Engine,(1)DigiRider Chicken,2-Bay Arch Swing,(1)Ornnispin Spinner Freight 1 9,100.00 9,100.00 Installation of(1)&ock Climber, (1)DigiRider Fire Truck,(1) 1 11,052.00 11, 2.C}rJ DigiRlder Chicken,2-Bay Swing,and(1)Omni Spinner 4 s � s } k I f } f f I Total $47,781 25! Site must be prepared and accessible to risen and equipment. Any unforeseen conditions, above or below ground, may result in additional charges. i __ 01/05/2022 RO Box 117B Quote#102143-01-01 5TRUTHERS Pelham.AL 35124 P 205,663 5058 F 205.663 5012 "Nwi.strutliersrecreation.cor,,-i Astro Park Monroe County Public Works Ship to Zip 33040 AtIm Chrissy Collins 3583 S. Roosevelt Blvd. Key West,FL 33040 1 LSI Other Manufacturer-(1)Block Climber 9 Blocks, (1)DigiRidger Fire Engine, (1) DigiRider $32,505.00 $32,505.0D Chicken.2-Bay Arch Swing.(1)Omnispin Spinner 1 INSTALL Struthers Recreation-Installation of(1)Block Climber: (2)DrgiRiders,2-Bay Arch Swing;(1) $13,050.00 $13,050,00 Omnispin Sinner Sub Total $45,555-00 Freight $9,543.04 Pncmg:Quotes are valid for 30 days from date of quotation. Pricing may change after 30 days.If ship to zip code changes freight may change. UNLESS SPECIFICALLY INCLUDED,THIS QUOTATION EXCLUDES ALL EQUIPMENT ASSEMBLY AND INSTALLATION; SAFETY SURFACING; BORDERS AND DRAINAGE PROVISIONS,ALL SITE WORK AND LANDSCAPING; REMOVAL OF EXISTING EQUIPMENT, ACCEPTANCE OF EQUIPMENT AND OFF-LOADING AND STORAGE OF GOODS PRIOR TO INSTALLATION,SIGNED ACCEPTANCE OF THIS QUOTE ASSUMES ACCEPTANCE OF TERMS AND CONDITIONS ON ATTACHED PAGE,TERMS: NET 30 DAYS Acceptance of quotation: SIGNED ACCEPTANCE OF T1­9lS QUOTE ASSUMES ACCEPTANCE OF ALL TERMS AND CONDITIONS IN THIS QUOTE. Accepted By(printed) Signature! P.O. No. Purchase Amount: $55,098.04 Date: Title, Phone Facsimilie Order Information: Bill To: Contact: Address Tel: City, State Zip', Email for Invoicing Ship To Contact', Address: Tel: City,Stater Zip FIN#(FEDERAL IDENTIFICATION NUMBER) SALES TAX EXEMPTION CERTIFICATE COPY OF TAX EXEMPTION CERTIFICATE MUST BE PROVIDED FOR ALL TAX EXEMPT ORDERS Page 1 of 2 01/05/2022 Astro Park Quote#102143-01-01 TERMS AND CONDITIONS OF SALE Required for Complete Order:Purchase Order or Signed quote,50%down and 50%net 30 after delivery or installation with credit approval or 100%payment with order,complete billing&shipping address wl contact names and phone numbers,and color selections.Contractors provide fully executed bid/performance/payments bonds as applicable.Pricing:f.o.b.factory,firm for 30 days from date of quotation.Acceptance of this Transaction:constitutes entire agreement between buyer and seller.Failure to pay when agreed is basis for legal action to be taken.Buyer agrees to pay all legal costs for collection and reasonable attorney fees,and hereby waives rights of exemption as to personal property under the laws of the state of Alabama or any other state.In connection with this transaction,a finance charge will be imposed on the past due balance at an annual percentage rate of 18%,or 1-1/2%per month.Delivery Schedule:Upon written notification of order(with or without installation services)delivery will be made in appx.45-60 days.Customer has 10 days after ordering to make request to delay ship date if site will not be ready.All efforts will be made to accommodate requests,but no change is guaranteed.Freight carrier is instructed to call 24 hours in advance to arrange delivery.Returned Goods:Returned goods are subject for a restocking fee of 30%in addition to both the outbound and inbound freight charges.Goods must be packaged to protect against damage in transit in accordance with best commercial practices.Labor and material costs to make returned goods merchantable will be deducted from any credit.Returned goods will not be accepted without an authorization number (RGA)assigned by Struthers Recreation,LLC.To be eligible for credit,returned good must be received at manufacturer within 45 days of issuance of a returned goods authorization number.Unloading:Unless unloading service is contracted,unloading of delivery truck is responsibility of customer.Forklift may be required.If unloading,customer is responsible for accepting and noting any damages or shortages on the freight bill and inspectingfinventorying equipment upon receipt.Customer must notify our office immediately of any discrepancies.Freight carrier is instructed to call your designated contact 24 hours in advance to arrange delivery.If job site is not prepared and ready for installation when equipment delivers,any pre-existing unloading agreement is voided and customer is responsible fortruck unloading and equipment storage. Additionally Insured:Any entity or person named as additionally insured,add$150.00 per each occurrence.TERMS AND CONDITIONS IF CONTRACTING INSTALLATION SERVICES Utilities:Customer is responsible for the location and marking of all underground utilities and sprinklers prior to installation.Struthers Recreation,LLC.is not responsible for damages or repairs to any form of underground utility or sprinklers. Equipment Layout:To be as illustrated&accepted on submitted drawings.Any requested changes may result in additional charges.Site Conditions:Installation quotations are based on a prepared level surface(slope not to exceed 1/2"over 25%and open truck access to the area.We require a 10'wide path into the site and unloaded equipment to be within 100'.Please notify estimator of site concerns to ensure proper quotation.If installation crew arrives and installation cannot be performed due to unprepared surface or inadequate access,an additional$1,500.00 will be charged for return trip.Pier spoils from installation shall be spread at site.Site will be left rough grade. Upcharge of$65.00 per hour per man plus necessary equipment rental will be added for installation in rock,concrete or existing asphalt.Removal of existing equipment,trees,etc.is by others unless specifically contracted.Machinery Use: Installation requires the use of heavy machinery.All efforts are made to minimize damage to the site.It is recommended that all final landscaping,fencing,sidewalks,etc.be completed after installation of equipment and/or surfacing.Struthers Recreation,LLC.is not responsible for damage to grass or other site features due to normal,necessary equipment use.Please notify estimator to discuss concerns prior to accepting quotation in case revisions are needed.Waste Disposal:Dumpster or approved dumping area must be provided for packaging and other waste during installation.Struthers Recreation,LLC,is not responsible for removing waste from the property unless specifically contracted.Security:Struthers Recreation,LLC.is pleased to supply&install your equipment in a timely,professional manner.Upon completion,the equipment is secured with tape to discourage play and allow concrete to dry for 72 hours. Premature play will cause equipment to become loose in the concrete footings.Customer is responsible for prohibiting access to equipment during this critical drying time.Struthers Recreation,LLC.is not responsible for equipment that becomes loose in the concrete due to premature access or events beyond our control.If purchasing rubber safety surfacing,the 72 hour waiting period also applies.Premature access will leave imprints in rubber surfacing.Customer is responsible for security. c Struthers Recreation,LLC, DATE CUSTOMER DATE Page 2 of 2 CGC1508223 Page 1 of 1 MARN IN REP SERVICES, C. Please mail PiDs,contracts and checks to: III I jqExperts at Play & Outdoor Spaces Rep Services, Inc , IN! 5ar,AnTeritio a Hayground[qui.pawnr a Safeu,Surfacfng a Shad,, 165 W Jessup Ave. kl-417?N 1658 F', 36�-,'2 Longwood. FL 32750-4146 Proposed Monroe County Ship TBD at a later date Bill Monroe County To: BOCC To: To: BOCC 1100 Simonton Street 1100 Simonton Street Key West, FL 33040 Key West, FL 33040 Attw Attn: Attn: Project No: 18869 Project Name: Astro City Project Contact: Proposal No: 18869.01 Proposal Name: Astro City Project Location: 3583 S Roosevelt Blvd Proposal Expires: 2/11/2022 Key West, FL 33040-5209 Proposal Date: 1/13/2022 Project County Monroe For Questions Contact: Mason Smith 407-853-3595 jasonprepservices corn Opt)Rev: A10 Printed: 1/13/22-CH Vendor: Landscape Structures P,roj Drawings: 581200 Class Part No City Description Unit Price Net Price Ext Price Climbers IP1 1 7966A-001 1 EA Block Climber 9 Blocks DB 4,68900 4 689 00 4,689 00 Kids In Motion IP173591A-001 1 EA OmniSpin Spinner Surface Mount 13,831.00 13831 00 13,831 00 IP233054B-001 1 EA DigiRider Fire Engine DB 3,312,00 3312,00 3,312 00 tP233061B-001 1 EA DigiRider Chicken DB 2,310.00 2,310.00 2.31000 Swings IP221292A-001 I EA 51'Arch Swing Frame 8'Beam Height Only 4,842.00 4,84200 4,84200 Product Subtotal. $28.98400 Signed&Sealed Engineering $2,000.00 Freight,Prepaid Ship Method. Best Way FOB. Destination Weight. 1.093 tbs Freight Charge. $11,700.00 Landscape Structures Total: $42,684.00 Installation By RSI Installer:The scope includes the following,as required: 581201 Item Qty Description INS-LSI 1 LT Equipment Installation- Landscape Structures equipment: (1)Block Climber, (1)DigiRider Fire Truck,(1)DigiRider Chicken, 2-bay Swing,(1)Ornm Spinner RSI Installer Total: $15.38462 General Tennis of Sale and Proposal Summary Net 30 Product: $30,984.00 Installation: $15,384,62 Freight: $11,700.00 Proposal Total: $58,068,62 Notes The undersigned warrants that hL/she is an authorized representative of the company noted and has the requisite authority to bind said company and/or principal if any particular billing is not paid when due,all outstanding balances regardless of prior terms,will become immediately due and owing upon III demand. Interest on past due amounts will be assessed at 1 14%per month or the maximum interest rate permitted by applicable law,whichever is less Should it become necessary for either party to this contract to institute legal action for enforcement of any provisions of this contract,the prevailing party shall be entitled to reimbursement for all court costs and reasonable attorney s fees incident to such legal action. The parties hereto agree that proper venue for any legal action in any way related to this contract shall be in Seminole County, FL Accepted By� Monroe County Company Name Authorized By Printed Name Date As Its (Title) Monroe County Facilities Maintenance General Scope of Work Job Name: Astro City —N`ew Plavaround [�,quipnient with Installation Job Location: Astro C'it% Park. Atlantic BI%d. Key West, [1. 33040 Contact: Facilities Maintenance Chrissy Collins 305-304-9711 Willie DeSantis 305-797-1250 PRO,JFCT OVERVIEW PROJECT INTENT AND SCOPE GENERAL REQUIREMENTS 1. Project OvervielA, A) I'mer into a Contract "ith a qwahl'Wd Contr"Actor to prmldc and Install play round ecluipi-ncm at A,tro ('It\ I'Lirk III Kc\ \,\ est. I'lorlda 3.3040. 'rhe Contractor shall be I-CqL!Ircd to secure and pay tc7r all required permits and appro%als to perl'brm the xork which may include: Monroe C'ountv Building Departnient, the City of Kev West and an\- other pennitting oi- regulatory a(_)cnCies. it'applicable. Contractor shall include those pert ilt fees as a part ot'thc ('ontractor's bid. B) All quotes are due bv December 15, 2021 at 3:00 P,M., via email to collins- chrIsSN All Quotes must state they \N III be ­ood I'Or one hundred t,.�ent\ 120) calendar dws from submittal due date. Paoe 2 ol'27 2. Project Intent and Scope Scope of Work: The Contractor shall provide the following Scope of Work and provide all labor and materials to complete the installation of new playground equipment at Astro City Park: 1) Provide and install one(1) Block Climber with 9 blocks 2) Provide and install one(1) Dig Rider Fire Engine 3) Provide and install one(1) Dig Rider Chicken 4) Provide and install one(1)2-Bay Arch Swing Set 5) Provide and install one(1)Omnispin Spinner 3. General Requirements A) The Contractor is required to provide protection for all existing surfaces including, but not limited to: i. Existing fixtures ii. Personal Items iii. Floors iv. Vehicles and Personal Property V. Landscaping B) The Contractor shall ensure that all non-exempt employees for this effort are compensated in accordance with all State and Local Laws. C) The Contractor shall load, haul, and properly dispose of all construction debris and materials. D) The Contractor shall provide and maintain appropriate (OSHA required) construction warning signs and barriers. E) The Contractor shall furnish all required work site safety equipment. F) The Contractor shall furnish and maintain on-site material safety data sheets (MSDS) for all materials used in the construction. G) Construction work times shall be limited to: Specified by the County H) All materials must be approved by submittal prior to commencement of work. Page 3 of 27 I) The Contractor shall provide a lump sum price by December 15, 2021, at 3:00 p.m., via email as noted herein. .I) The Contractor needs to be aware of weather and location and plan accordingly. K) The Contractor needs to be aware of the facility, its residents,and staff with unusual schedules and plan accordingly. L) The Contractor shall coordinate all activities with concurrent site work being performed, if any. M) Insurance Requirements: Workers Compensation Statutory Limits Employers' Liability $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee General Liability $200,000 per Person $300,000 per Occurrence $200.000 Property Damage or $300,000 Combined Single Limit Vehicle: $200,000 per Person (Owned, non-owned, $300,000 per Occurrence and hired vehicles) $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. N) The Contractor is required to have all current licenses necessary to perform the work. O) INDEMNIFICATION, HOLD HARMLESS, AND DEFENSE. Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other Page 4 of27 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 or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct,errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C) Contractor's default in respect of any of the obligations that it undertakes under the teens of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agent& contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06. Florida Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3 N/I. herein. Insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement,this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) 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. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. This indemnification shall survive the termination of this Contract. Nothing contained in this paragraph is intended to nor shall it constitute a waiver of the County's sovereign immunity. P) NON-COLLUSION. By signing this proposal, the undersigned swears, according to law on his/her oath, and under penalty of perjury,that their firm executes this proposal with prices arrived at independently without collusion, consultation. communication, or agreement for the purpose of restricting competition,as to any matter relating to such prices with any other bidder or with any competitor. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor.No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit a proposal for the purpose of restricting competition. The statements contained in this paragraph are true and correct, and made with the full Page 5 of 27 knowledge that Monroe County relies upon the truth of the statements contained in this paragraph in awarding contracts for this project. Q) EMPLOYMENT OR RETENTION OF FORMER COUNTY OFFICERS OR EMPLOYEES. By signing this proposal, the undersigned warrants that he/she/it has not employed, retained or otherwise had act on his/hers/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any Count,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 fonner County officer or employee. R) 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. S) DRUG-FREE WORKPLACE.By signing this proposal,the undersigned certifies that the contractor Y complies full with,and in accordance with Florida Statute,Section 287.087, p the requirements as follows: 1) They will publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specify the actions that will be taken against employees for violations of such prohibition. 2) Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling,rehabilitation,and employee assistance programs,and the penalties that may be imposed upon employees for drug abuse violations. 3) Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection 1. 4) In the statement specified in subsection 1, notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5) Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for any employee who is so convicted. 6) Make a good faith effort to continue to maintain a drag-free workplace through implementation of this section. Page 6 of 27 ADDITIONAL CONTRACT PROVISIONS I) Nondiscrimination/Epual Employment Opportunity. The Contractor and County agree that there will be no discrimination against any person,and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. Contractor agrees 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 VIf of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin;2)Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7)The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records, 8) Title Vill of the Civil Rights Act of 1968 (42 USC s. 3601 ct seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article IT, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 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. II) Termination Provisions. A. 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) days' written notification to the Contractor. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty (60) days' written notice of its intention to do so. C. 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 the 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 five (5) calendar days' notice and provide the Contractor Page 7 of 27 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. D. Termination for Convenience: The County may terminate this Agreement for convenience, at any time, upon seven (7) days' notice to Contractor. If the County tenninates 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. The maximum amount due to Contractor shall not 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 Art. IX, Section 2-721 et al. of the Monroe County Code. E. Scrutinized Companies: For Contracts of any amount, if the County detennines that the Contractor/Consultant 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/Consultant 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. IIII) Maintenance of Records. The Contractor shall maintain all books, records, and documents directly pertinent to performance under this Agreement in accordance with generally accepted accounting principles consistently applied. Records shall be retained for a period of seven(7)years from the termination of this agreement or for a period of three (3) years from the submission of the final expenditure report as per 2 CFR §200.33, whichever is greater. Each party to this Agreement or its 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 seven (7) years following the termination of this Agreement. if an auditor employed by the County or Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement. or were wrongfully retained by the Page 8 of 27 Contractor, the Contractor shall repay the monies together with interest calculated pursuant to Sec. 55.03 of the Florida Statutes. running from the date the monies were paid by the County. IV)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 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 tinder 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 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 ten (10) years after Final Completion. The County Clerk possesses the independent authority to conduct an audit of records, assets, and activities relating to this Project. The right to audit provisions survive the termination of expiration of this Agreement. V)Payment of Fees 1 Invoices. County shall pay pursuant to the Florida Local Government Prompt Payment Act, Fla. Stat. Sec. 218.70, upon receipt of a Proper Invoice from the Contractor. Payments due and unpaid under the Contract shall bear interest pursuant to the Florida Local Government Prompt Payment Act. The Contractor is to submit to the County invoices with supporting documentation that are acceptable to the Clerk. Acceptability to the Clerk is based on generally accepted accounting principles and such laws, rules, and regulations as may govern the Clerk's disbursal of funds. Invoices shall be submitted to Monroe County Facilities Page 9 of 27 Maintenance Department, Attention — Debra Martinez, via email at Martinez- debra@monroecounty-fl.gov. The County is exempt from sales and use taxes. A copy ofthe tax exemption certificate will be provided upon request. Final payment shall be made by the County, as the Owner, to the Contractor when the Contract has been fully performed by the Contractor and the work has been accepted by the County. VI) Public Records Compliance. The 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. (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 shal I destroy any Page 10 of 27 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 l 19.10, 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(itMONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12T11 Street= SUITE 408,_KEY WEST, FL 33040. VII) E-Verify System. Beginning January 1, 2021, in accordance with Fla. Stat., Sec.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 Page 11 of 27 unauthorized alien. The Contractor shall comply with and be subject to the provisions of Fla. Stat_, Sec. 448.095. VIII) Notice Requirement. Any written notices or correspondence given pursuant to this contract shall be sent by United States Mail, certified, return receipt requested, postage prepared, or by courier with proof of delivery. Notice is deemed received by Contractor when hand delivered by national courier with proof of delivery or by U.S. Mail upon verified receipt or upon the date of refusal or non-acceptance 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: For Contractor: Johnny Pitts Construction, Inc 4124 Pace Ln Milton, FL 32571 For Owner: Facilities Maintenance Department 123 Overseas Highway Key West, Florida 33450 And Monroe County Attorney's Office I 1 l 112a' Street Suite 408 Key West, Florida 33040 IX) Uncontrollable Circumstance. Any delay or failure of either Party to perform its obligations under this Agreement will be excused to the extent that the delay or failure was caused directly by an event beyond such Parry's control, without such Parry's fault or negligence and that by its nature could not have been Foreseen by such Party or, if it could have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake, explosion. tropical storm, hurricane or other declared emergency in the geographic area of the Project; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest in the geographic area of the Project; (d) governmenf order or law in the geographic area of the Project; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority prohibiting work in the geographic area of the Project;(each, a "Uncontrollable Circumstance"). CONTRACTOR'S financial inability to perform, changes in cost or availability of materials, components, or services, market conditions, or supplier actions or contract disputes will not excuse Page 12 of 27 performance by Contractor under this Section.Contractor shal I give County written notice within 7 days of any event or circumstance that is reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable Circumstance are minimized and resume full performance under this Agreement. The County will not pay additional cost as a result of an Uncontrollable Circumstance. The Contractor may only seek a no cost Change Order for such reasonable time as the Owners Representative may determine. X) 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 relief or remedy as may be provided by this Agreement or by Florida law. This Agreement is not subject to arbitration. This provision does not negate or waive the provisions of Sections 1, Nondiscrimination, or Section II, concerning termination or cancellation. Page 13 of 27 PROPOSAL FORM PROPOSAL TO: Monroe County Facilities Maintenance 123 Overseas Highway Key West,FL 33040 PROPOSAL FROM: Johnny Pitts Construction, Inc 4124 Pace Lane Milton, FL 32571 The undersigned, having carefully examined the Work and reference Drawings, Specifications, Proposal, and Addenda thereto and other Contract Documents for the construction of: Astro City -- New Playground Equipment with Installation and having carefully examined the site where the Work is to be performed, having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the Work, does hereby propose to furnish all labor, mechanics, superintendents, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said Work -and work incidental hereto, in a workman-like manner, in conformance with said Drawings, Specifications, and other Contract Documents including Addenda issued thereto. The undersigned further certifies that he/she has personally inspected the actual location of where the Work is to be performed,together with the local sources of supply and that he/she understands the conditions under which the Work is to be performed. The proposer shall assume the risk of any and all costs and delays arising from the existence of any subsurface or other latent physical condition which could be reasonably anticipated by reference to documentary information provided and made available, and from inspection and examination of the site. Tile undersigned agrees to commence performance of this Project within Sixty (60) calendar days after the date of issuance to the undersigned by Owner of the Notice to Proceed/Purchase Order/Task Order. Once commenced, undersigned shall diligently continue performance until completion of the Project. The undersigned shall accomplish Final Completion of the Project within Thirty (30) days, thereafter. Page 14 of 27 The Base Proposal shall be furnished below in words and numbers. If there is an inconsistency between the two, the Proposal in words shall control. Forty-seven thousand, seven hundred eight-one & 25/100 Dollars. (Total Base Proposal-words) $ 47,78125 Dollars. (Total Base Proposal —numbers) acknowledge Alternates as follows: NIA acknowledge receipt of Addenda No.(s) or None No. Dated No. Dated Page 15 of 27 In addition, Proposer states that he/she has provided or will provide the County upon request a certified copy of Contractor's License, Monroe County Occupational License, and Certificate of Liability showing the minimum insurance requirements for this project. Execution by the Contractor must be by a person with authority to bind the entity. By signing this agreement below,the Contractor has read and accepts the terms and conditions set forth by the Monroe County General Requirements for Construction found at the link on the Monroe County web page: bttp://fl-monroecounty.civipplus.com/Bids.asvx?CatE:>--18 AND accepts all of the terms and conditions and all Federal required contract provisions herein. IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives,as follows: Contractor: Johnny Pitts Mailing Address: 4124 Pace Ln Milton, FL 32571 Phone Number: 850-232-1615 E.I.N.: 56-2401784 Email: Johnny@jpconstructs.com Date: OI-n3 -ZZ2 Signed: Jon itts Owner Name Title Contractor's Witness signature:_ ,Z�2 yj,/� Witness name: Leslie Pitts Date: - o -- 2 0?--7- The County accepts the above proposal: MONRO'E COUNTY,FLORIDA � ... Date. 01/25/2022 fiy: County Administrator or Designee MONROE COUhnY ATTORNEYS OFFICE / APPROVED AS TO FORM Page 16 of 27 FAMA COU1ViY Ar F0F1WEY DATE: 1 2-02-2021 i i NON-COLLUSION AFFIDAVIT I, Johnny Pitts of the city of Pace, FL according to law on my oath, and under penalty of perjury, depose and say that: 1. I am Owner/President of the firm of Johnny Pitts Construction, Inc. the proposer making the Proposal for the project described in the notice for calling for proposals for: Provide and install (1) of each: block climber,fire truck and chicken Digirider, swings, &Omni Spinner and that I executed the said proposal with full authority to do so; 2. The prices in this proposal have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other proposer or with any competitor, and 3. Unless otherwise required by law, the prices which have been quoted in this proposal have not been knowingly disclosed by the proposer and will not knowingly be disclosed by the proposer prior to proposal opening, directly or indirectly,to any other proposer or to any competitor; and 4. No attempt has been made or will be made by the proposer to induce any other person, partnership or corporation to submit, or not to submit, a proposal for the purpose of restricting competition; and 5. The statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. 01 -0 3 -2-0 z. (Signatur f opaser) (Date) STATE OF: e—D R I DP, r COUNTY OF: S o Subscribed and sworn to (or affirmed) before me, by means ofMphysical presence or ❑ online notarization, on_ JFi N ua g L1 3. _ 2 o Z 2_ (date) by J a h t,J lu J, 1�,-ff"s (name of affant). He he is ersonatl know o me or has produced (type of identification) as identification. NOTARY PUBLIC My commission expires: J uLi I f,_2.ozLt_ Uft_ (SEAL) �,..... VWJQE L EVANS * . C&rd bS10n i GG 974713 " At 31,T024 Page l7 of V LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROE COUNTY, FLORIDA ETHICS CLAUSE Johnny Pitts Construction, Inc (Company) ... warrants that helsheAt has not employed, retained or otherwise had act on his/her/ its 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 contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee". (Signature Date: STATE OF: FLOK,DR- COUNTY OF:_)At r b4 Rg,5A Subscribed and sworn to (or affirmed) before me, by means of9physical presence or ❑ online notarization, on JFt►vu rzu _ , 20 z (date) by (name of affiant). a he is e sonail know me or has produced as identification. (Type of identification) NOTARY PUBLIC r— VICKI$L EVMS My commission expires: u L4/ 31, Z o 24 :4111 cO siont s974»3 (SEAL) � 4` EXvws J*31,3M � or ria� Saiara TM,e�l+I+fs.i.r Page 18 of 27 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute, Sec. 287.087 hereby certifies that: Johnny Pitts Construction 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's policy of maintaining a drag-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 proposal 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 proposal,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 contenders 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. S. Imposes a sanction on,or requires the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, for 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 requirements. o as 's Signature © f- o�-?�zz_ Date STATE OF: Eto 2 I A- COUNTY OF: S A w-bi Ro5A Subscribed and sworn to (or affirmed)before me,by means of Kphysical presence or❑ online notarization,on 2_D L (date)by^ J o hNtj J i` is (name of affiant).�e She s son y�own�t me or has produced type of identi ca#ion)- iden 'Mi VICKELAVANS NOTARY PUBLIC Cowbsion 0 GG 974713 Upbu"y 31,W24(SEAL) N�''fcr�o~�e earn Nm�yh aComm Jission Expires: U LV 31 ZDZ, 4 Page 19 of 27 i PUBLIC ENTITY CRIME STATEMENT uA person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty- six (36) months from the date of being placed on the convicted vendor list." I have read the above and state that neither Johnny Pitts (Propose(s name) nor any Affiliate has been pi on th victed vendor list within the last thirty-six (36) months. (Signat e Date: �2t��2 STATE OF: PLD r2gd r+ COUNTY OF: qA 1�os a Subscribed and swom to (or affirmed) before me, by means of)physical presence or ❑ online notarization, on the 3.nd day of A AW 20 b (name of affiant) He he is rsonall know o me or has produced (type of identification) as identification. My Commission Expires: 1 NOTARY PU LIC (SEAL.) VICKIE L EVMS r o • r • Coffimi 4W A GG l74713 EXIWOS July 31,2024 BMdd Tka&Wgo Nk*y sQrse+ Page 20 of 27 VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS Provide & install (1) of each: block climber, fire truck & chicken Digirider, swings, Omni Spinner Project Description(s): Respondent Vendor Name: Johnny Pitts Construction Inc Vendor FEIN: 56-2401784 Vendor's Authorized Representative Name and Title: Johnny Pitts 7 Owner Address: 4124 Pace Ln City: Milton State: FL Zip: 32571 Phone Number 850-232-1615 Email Address:johnny@jpconstructs.com Section 287.135, Florida Statutes prohibits a company from bidding on submitting a proposal for, or entering into or renewing a contract for goods or services, of any amount if. at the time of contracting or renewal, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to Section 215,4725, Florida Statutes, or is engaged in a Boycott of Israel. As the person authorized to sign on behalf of Respondent. I hereby certify that the company identified above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that Boycott Israel List, I understand that pursuant to Section 287,135, Florida Statutes, the submission of a false certification may subject company to civil penalties, attorney's fees, and/or costs. I further understand that any contract with the COUNTY may be terminated, at the option of the COUNTY, if the company is found to have submitted a false certification or has been placed on the Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel. Certified By: Johnny Pi who is authorized to sign on behalf of the above refience a Authorized Signature: I— Print Name:-Aohnny P tts Title: Owner Note: The List are available at the following Department of Management Services Site: http/�www.dms.m florida.com/btisii-less o erations/state purchasinq/vendor information/convicted sus ended discriminatory com laints vendor lists Pa-)e 21 (if 27 INSURANCE REQUIREMENTS AND FORMS MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES General Insurance Requirements For Other Contractors, Subcontractors and Professional Services As a pre-requisite of the work and services 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 any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. Alternatively, the Contractor may 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. 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. The Contractor will be held responsible for all deductibles and self-insured retentions that may be contained in the Contractor's Insurance policies. 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 will be included as "Additional Insured"on all policies, except for Workers' Compensation. Page 22 of 27 i Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled "Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management Department. Page 23 of 27 PROPOSER'S INSURANCE AND INDEMNIFICATION STATEMENT INSURANCE REQUIREMENTS Workers Comp Employers Liability $100,000/$500,000/$100,000 Bodily Injury by Accident/Bodily Injury by Disease, policy Iimits[Bodily Injury by Disease each employee General Liability $200,000 per Person $300,000 per Occurrence $200.000 Property Damage or $300,000 Combined Single Limit Vehicle $200,000 per Person (Owned, non-owned, and hired vehicles) $300.000 per Occurrence $200,000 Property Damage or $300,000 Combined Single Limit Builders Risk Not Required Construction Bond Not Required The Monroe County Board of County Commissioners shall be named as Certificate Holder and Additional Insured on General Liability and Vehicle policies. INDEMNIFICATION,HOLD HARMLESS,AND DEFENSE.Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,Contractor shall defend, indemnify and hold the County and the County's elected and appointed officers and employees harmless from and against (i) any claims, actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings relating to any type of injury (including death), loss,damage, fine, penalty or business interruption, and (iii)any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or any of its employees, agents, contractors or other invitees during the term of this Agreement, (B)the negligence or recklessness, intentional wrongful misconduct, errors or other wrongful act or omission of Contractor or any of its employees, agents, sub-contractors or other invitees, or(C) Contractor's default in respect of any of the obligations that it undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or omissions of the County or any of its employees, agents, contractors or invitees (other than Contractor). The monetary limitation of liability under this contract shall be not less than $1 million per occurrence pursuant to Section 725.06, Florida Page 24 of 27 Statutes. The limits of liability shall be as set forth in the insurance requirements included in Paragraph 3 M. herein. insofar as the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or circumstances that occur during the term of this Agreement, this section will survive the expiration of the term of this Agreement or any earlier termination of this Agreement. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor's failure to purchase or maintain the required insurance, the Contractorshall indemnify the County from any and all increased expenses resulting from such delay. Should any claims be asserted against the County by virtue of any deficiency or ambiguity in the plans and specifications provided by the Contractor, the Contractor agrees and warrants that the Contractor shall hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the County's behalf. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this Agreement. PROPOSER'S STATEMENT I understand the insurance that will be mandatory if awarded the contract and will comply in full with all of the requirements herein. I fully accept the indemnification and hold harmless and duty to defend as set out in this proposal. Johnny Pitts PROPOSER Signatur y U V Page 25 of 27 I INSURANCE AGENTS STATEMENT I have reviewed the above requirements with the proposer named above. The following deductibles apply to the corresponding policy. P�4�.iY DEDUCTIBLES AwVa -1G047G00 3,5 04 U et-6,,t YqQ-7�G-!6o) Liability policies are Occurrence 4-1claims Made Insurance Agency Signature Page 25 of 26 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. ContractorNendor: Project or Service: ContractorNendor Address & Phone#: General Scope of Work: Reason for Waiver or Modification: Policies Waiver or Modification will apply to: Signature of ContractorNendor: Date: Approved Not Approved Risk Management Signature: Date: County Administrator appeal: Approved: Not Approved: Date: Board of County Commissioners appeal: Approved: Not Approved: Meeting Date: Page 27 of 27 JOHNPIT-03 ACASTLEBERR ,Y CERTIFICATE OF LIABILITY INSURANCE 11312�022 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHT'S 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 poficy(ios)must have ADDI17oNAL INSURED provisions Or be endorsed If SUBROGATION IS WAIVED, subject to the terms and conditions of the porky.Certain policies may require an endorsement A statement on this cerffimte does not confer rights to the eertifleate holder in lieu of such endorsama s PRODrIart Acr mulam Oliver Sum6n M.E.Wilson dba Underwood Anderson Insurance PHV FAX 2302 North Mh Avenue wc.rro.Fit. 8.50 434-5526 AX•N (850)436-0330 Pensacola,FL 32503 EAi%lmoliveQunderwzodanderson.com llPsir S AFFDRpW6 CaV>�1AGE HNC 0 MURERA:Auto Owners Insurance Company 118988 gu1>AEn DIsw;mRB!Souftm Owners Insurance 110190 JohnnyPltts Construction,Inc INSURER C: 4124 Pace Lane txsupmn, 1 Milton,FL 32571 IusURER e INSURER F COVERAGES CEUIRCATE NUMBER- REMMON NUMBER! THIS IS TD CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PE.fiIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT.TERM OR CONDITION OF ANY CONTRACTOR OrItERRDBCUMENTWITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TOALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMTTS SHOWN MAY HAVE BEEN REDUCED BY PAID CLMW& 'R TYPEOFUMRANCE %WTI POLICY NUMBER PP4rCYEFP LOM A X COMMERCIALGMERAr.L211e9-m EACH oCGUWRIC 1,000,00D cLAaLs�+AaE ❑X OCCUR X M76635 =8121)21 512612OU nAUAGETORENTED 50,000 NMEkP ow s 5,009 PIERWRALILADVINMRY 1.000.000 GENL AGGREGATE LIMIT APPLES PER; AGGREGATE 3,000.000 POLIcr iJ%Or ❑Loa PRODUCTS-COMMOPAGG s 3,000.000 A AuromoBILE UAWxy c OuelHr n sncLs uMrr 1,000,000 X ANYAM X 4447663600 =612071 5r"12022 BOArLYftWRY Pei s AUtt7S O► wax 2TO�� Y=RY Per aoddem AUTOS lY AIfiDS ONLY r GE PlP 10,000 B X UMBRELLA EM M OCCUR EACH OCCURRENCE 2.000,000 EXCESS LIAB CLAASANADE T663601 SR612021 512612022 AGe+;Eca s 2,000,000 jProd 1 Co Ops 2,000,659 WORrcRB CaAiP@!.^.AY1DN APPROVED BY RISK MANAGEMENT PER AND E6IPLDYER3'LIAHR7ry ,/ --iSTATUTE- ER APROPRJETOPJ? =�pwcunVE N/A BYr r - EF�ICHAC(3f}BVS [�NIiJ DATE T/T R I� )) DpRi PTDz oizpP HS hH WAVER19A—YES— EL.rn¢acc_POLCYInuir S DESCAIP'irDNaFOPERATION3llACJ1TIDNS1VEl11CLFS(ACDR07Q1,AdQtFanalRamxlc�9dfedufo,maYha�chod8moatpowlsmGaiad) Johnny James Pitts,13oense n CGC 152766E Monroe County Owrd of County Cammtssionors Is an Additional Insured with regards to General Llabmty and Auto I.IafibRity as required by written coniraeL C9MCATi"H ER CANCELLATION SHOULD ANY aF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Monroe County Board of County Commissioners THE EXPIRATION DATE THEREOF, NOTICE WILL HE DELIVERED IN 1100 oe o to unt Street ACCORDANCE WITH THE POLICY PROVISIONS. Key Wit,FLMW AUniDR9M REPREBWATIVE ACORD 25(201SM3) O 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD I JOHNPIT-03 WARNERCA CERTIFICATE OF LIABILITY INSURANCE DAM WAM } 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 TIRE CERTIFICATE HOLDER. 1MPORTANY: If the certificate holder is an ADDITIONAL.INSURED,the pollcy(ies)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terns and conditions of the policy,certain policies may require an endorsemenL A statement On this certificate does not confar rights to the caftiTirata holder in lieu of such endorsomen s. PRODUCER 0.cr Michele Southard Insurance Office ofAmerica,Im PHWiE IV 1855 West Stets Road 434 A/C.No. 1 205-1169 Arc.Na Longwood,FL 32750 E Michole.Southard@j-oausa.com rNSU AFPORI MQ COVERAGE NAIL 0 INSURERA:American Builders Insurance Company 11240 INSURED DLqURM g. Johnny Pitts Construction,Inc, INSURSIC. 4124 Pace Lane RMtMp:D. Milton,FL 32571 ULSWURE, INSURER F COVERAGES CERTIFICATE NUMBER: REVISION UMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FORTHE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIRSMENT,TER61 OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED] HEREIN IS SUBJECT TO ALLTHE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POUME:S.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPECFTMWRAKCE AWL OR POLICYNLMIHFA POLICYEFF PCLECYEXP LUM LTR COMMERCIAL GENERAL L UM LnY EACH OCCURRENCE C AIMS40M ❑OC CIIR I DAMAGETO RENTED 00) APPROVED BY RISK MANAGEMENT Nf®E1IP JARY ate Fsn. i t PERSONALdADYINJ Y _ GAGGRE:GATEU I�U AQrAPESFER DATE_ 1/18/?02Z_ : - GMERAL C3GREGATE POLICY❑ LOC WAVER WA_YES_ PRODUCTS-COMPlOPAGG OTR9R- AIrrOMOHrLE LU=M COEL9LYED SINGLE UMrr ANYAUfO BODIL.YITIJLIRYIPEf OWNED SCHEDULED AA�Ugq DMSONLY AUTOS SCINLY INJURY Peraaldertl AUTUSONLY �Y 6AMAGE I UMBRELLA LDLB OCCUR EACH OCCURRENCE EXCESS LIAR CLA.SAWE AGGREGATE OM I I MTENriCSNS A WO(aCFASCOhIPFNSATXrrL X I PEST I OTI•F ANDEMPLOYSRS'LlUMMY VONER AriYPROPRIEFORIP WCYD150B24i18 fi1T12021 fi1712D22 E1.EACHACLIDEW s 1,000,000 OFFIGER�iEirLBER NIA Ilrnan Y per,�N�n11 Fs OtSEMSE-FA EuwL 1,000,000 yyae?, 1,0D0,000 OFSOELIPTIM�J OF OPERATIONS bekw t:.l..DISEASE-POLICY LlklrT DESrXMDI413FOPSIATONSfLACATLONSfYEF CM(M*WIDI.AddlfunARemarf55drodid3.nvybaaadiedtfmom rrragtdrodl CERTIFLCATE HOLIER CANCF!L A N SHOUL➢ANY OF THE ABOVE➢E:SCRIBE D POUCIES BE CANL:ELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE IDEISVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AuntORMM REPRESENTATIVE Monroe County Board&County Commissioners Ole1100 Slmorrtnn Stf� - 1fl73 lKay West,EL 13m- ACORD 25(206f03) T= p 18811 Z015 ACORD CORPORATION. All rights reserved. The ACORD dame and[ago are registered marks of ACORD