01/25/2022 AgreementI
Monroe County Purchasing Policy and Procedures
ATTACHMENT D.5
COUNTY ADMINI``y ERA OR
CON 1 RAC.' 1 `UVINvI NARY FORM FOR CONTRACTS LE`S I l-IAA« 50,00().00
(2ontractkkith Oh6n Pifts,ConSieu Contract
...... .. ....
Effective Date:
Expiration Fate:
Contract Purpose"Descriptio n: -
Contract is Original A-reement Contract Amendment/Extension Rene\ a
Contract 'tlanayuer:
(Name) (F-At.) (Department/Stop )
CONTRACT- COSTS
Total Dollar Value of'C ontract: S Current Year Portion:
(III I[,I be Ihan�,sIi riu1) tlt`III ulatrt;a€ 161Le bent 111011
re,jwrc l i XV.tr pnr ,l unlei� di -
_
0,11 s,0 Wi ,,iE 7 i 1i1 i
i
13ud eted`' Yes[Z No F—] Account Codes:
Grant: S - - -
Count% \latch: S
Estimated Ongoing Costs. S� r For:
i\w included in dollar Ialue abo"et maintenance,utilities, janitorial,salarrcs, ett,.)
Insurance RegUired YES = NO
CONTRAC"1 RI=V1f--1\V
Changes
Cate In Needed Reti is"'er Late In
Department I lead YCE]No® William DeSantis 1 J18122
'Patricia Eables ; �' " `
Cot ��r I�u�t� Attne�- Yes a� � I ,
- ;, 1118d2022
Risk N1ana;.lenient )"esF--]No[ g E, 1/18/2022
O.M.E3.,F'urchasin+,k Y EIZ es No Arista PresrClek 111 12022;��' ,. , ' ,. , r�:,
Comments:
Revised BOC:'C 10/21/202)
['age 83 of 101
MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS
REQUEST FOR SERVICES
FOR
Harry Harris — Playground Shade Sail
Replacement
BOARD 0 COUNTY COMMISSIONERS
Ma\'or Day id Rice, District 4
Mawr Pro Tem CraJo Cates, District I
N41chelle Coldiron. District 2
Fddie Martinez, District ')
Holly Merrill R.aschein, District 5
COUNTY ADMINISTRATOR
Roman Gastesi
Clerk of the Circuit Court Facilities Maintenance Director
Kevin Maclok William DeSantis
12/1/2021
PREPARED BY:
Monroe County Facilities Maintenance Department
Pa-e I ol'27
0
Johnny Pitts Construction, Inc. Estimate
4124 Pace Ln
Milton,FL 32571
CGC1527668
CCC1332013
ES12001938
Name/Address
Monroe County Public Works
3583 S Roosevelt Blvd
Key West, FL 33040
Att: Chrissy Collins
Date Estimate No. Project
11/10/21 3479 Harry Harris Park
Description Amount Rate Total
(2)Superior Custom Shade Replacement Fabric for Existing 1 7,355.00 7,355.00
SRP Shade(X1)22'-6"X20' Corner to Corner(Stainless Cable
and Clamps Inluded), and (8) Glide Elbow Assy @ 3-1/2"
ODX16.5 Deg. HDG/PC
Commodities Surcharge 1 1,046.77 1,046.77
Freight 1 1,011.64 1,011.64
Installation of(2)Superior Custom Shade Replacements @ 1 4,000.00 4,000.00
22'6"X20'
Total $13,413,41
Site must be prepared and accessible to men and equipment. Any unforeseen conditions, above or
below ground, may result in additional charges.
01/05/2022
S
PO Box 1178 Quote#102141-01-01 TRUTTHERS Pelham.AL 35124
P 205,6615058 F:205.6615012
www-strGitliersrecreation.coni
Harry Harris Park
Monroe County Public Works Ship to Zip 33040
AIM,Chrissy Collins
3583 S. Roosevelt Blvd,
Key West,FL 33040
lip
1 Shade Superior-2)Superior Custom Shade Replacement Fabric for Existing SRP Shade(X1)22'-6"X20 $8,652.94 $8,652.94
Fabric Comer!o Corner(Stainless Cable and Clamps Inkided),and 1'8)Glide Elbow Assy @ 3-1/2"
ODX 15.5 Deg, HDG/PC
MC Superior- Material Surcharge $1 046.77 $1,046.77
1 INSTALL Struthers Recreation-Installation of(2)Superior Custom Shade Replacements @ 22'6"X20' $4 775 00 S4,775,00
Su b Total $114,474.71
Freight $1,25428
11; 111�'!'j lall 1!jail
Pncing� Quotes are valid for 30 days from date of quotation Pricing may change after 30 days If ship to zip code changes freight may change.
UNLESS SPECIFICALLY INCLUDED,THIS QUOTATION EXCLUDES ALL EQUIPMENT ASSEMBLY AND INSTALLATION; SAFETY
SURFACING: BORDER$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
Page 1 of 3
01,05/2022
Harry Harris Park Quote#102141-01-01
Acceptance of quotation:
SIGNED ACCEPTANCE OF THIS QUOTE ASSUMES ACCEPTANCE OF ALL TERMS AND CONDITIONS IN THIS QUOTE.
Accepted By(printed): Signature:
P.O.No: Purchase Amount:$16,728.99
Date: Title:
Phone: Facsimile�
Order Information:
Bill To Contact:
Address Tel:
City,State,llio:
Email for Invoicing:
Ship To —Contact:
Address: Tel.
City,State,Zip
FIN#(FEDERAL IDENTIFICATION NUMBER)
SALES TAX EXEMPTION CERTIFICATE#:
COPY OF TAX EXEMPTION CERTIFICATE MUST BE PROVlDED FOR ALL TAX EXEMPT ORDERS
Page 2 of 3
01/0512022
Harry Harris Park Quote#10214l-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/performancelpaymenls 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 1-112%per month.Delivery Schedule:Upon written notification of order(with or
without installation senates)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 for truck 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 112"over 26%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.
Struthers Recreation,LLC.
DATE
CUSTOMER
DATE
Page 3 of 3
(3 )
N
CGC1508223 Page 1 of 1
REP S E R VI C E S, I ZA Please mail Pots,contracts and checks toi H NC.
III — Experts at Play & Outdoor Spaces Rep Services, Inc.
Sdifknemtiv5 IN Piagroundtquipmont a safe y Surfauf% a sha&, 165 W Jessup Ave
Longwood, FL 32750-4146
Proposed Monroe County Ship TBD at a later date Bill Monroe County
To: Public Works To: To: Public Works
3583 S. Roosevelt Blvd 3583 S, Roosevelt Blvd
Key West,FL 33040 Key West,FL 33040
Atfur Chrissy Collins Attn: Attn: Chrissy Collins
Project No: 18079 Project Name: Harry Harris Park Project Contact: Johnny Pitts
Proposal No: 18079.15 Proposal Name: Harry Harris Park Shade Project Location: 50 E Beach Road
Proposal Expires: 1/6/2022 Tavernier, FL 33070
Proposal Date: 1/12/2022 Project County Monroe
For Questions Contact: Carrie Humbert 407-853-3570 carrie@repservices.com
Opt/Rev: C/2 Printed: 1/13/22-CH
Vendor: USA Shade Proj Drawings: 580892
Class Part No Qty Description Unit Price Net Price Ext Price
Parts FABRIC 1 EA 20x45 total 8,132,00 8.132.00 8,132,00
REPLACEMENT 2 tops
HARRY HARRIS 90mph wind load
PARK Shadesure Cloth
Product Subtotal; $8,132.00
Freight Prepaid Ship Method Best Way FOB Destination Freight Charge: $325 00
USA Shade Total: $8,457,00
Installation By RSI Installer.The scope includes the following,as required: 580893
Item City Description
INS.-USA 1 LT Labor to install replacement shade
OTHER 1 EA Stainless Cable and Clamps and(8)Glide Elbow Assy @ 3-1/2"ODX16,5 Deg, HDGIPC
provided by installer
RS1 Installer Total: $10,700.00
General Terms of Sale and Proposal Summary
Net 30 Product: $8,132.00
Installation: $10,700.00
Freight: $325,00
Proposal Total: $19,157 00
Notes
This proposal is for parts and freight only
Field measurements,photos and dims sheet must accompany PO,
*Not covered under warranty as this is not a USA Shade Structure*.
The undersigned warrants that helshe 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
demand Interest on past due amounts will be assessed at 1 %%per month or the maximum interest rate permitted by applicable taw.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
JobName: Harr,r Harris— PlaNground Shade Sail Rep I acement
,Job Location: I larry I larris I-ark
50 1-., Beach Rd.
Tavernier, I--L 131070
Contact-
Facilities Maintenance
Chrissy Collins
CAh11,,JWi'1,SA 41 [Ilk 111DOCCOLH11%-0.00',
....... ......
3 305-304-9711
Willie DeSantis
do �ansr�-tilh,ffll �1
................. ...........
305-797-1250
PRO.JECT OVERVIEW
PROJECT INTENT AND SCOPE
GENERAL REQU71REMENTS
1. Project Overvieiw
A) Imcr into �t C0fltl-,1Ct \\ith d LJU�1111-[Cd Ckffltractor to proN ideand replace existing sh.adc
S 'I I al s o\Cr the pl,.v�ground Lit I Ian-, I larris Park, 'l-avernier 11., '3070.
-['he Contractor shall be required to Secure and pay 1'()t- all required permits and approvals
to perfiorm the work kNhich may include: \Nlonroe COUraN Building Department and ant'
otherpertnutin- orre�Ulator4 a-encles, il'applicable. Contractor shall include those permit
fees as a part of the ('on t ract or's bid.
B) A- H quotes are due b\ December 15, 2021 at 3:00 P.'M_ Oa email to collHis-
chrissh '(t'rnonroecount\-f1.gov. All QU0tCS Must State the) Mill be good for one hundred
txvent� (1201) calendarda,,s from :submittal due date.
Paue 2 ot'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 replacement shade sails of the playground at
Harry Harris Park:
1) Provide and install two(2)Superior Custom Shade replacement fabric for existing SRP
shade(XI 22'-6"x20')corner to corner
2) Provide and install stainless steel cable and clamps
3) Provide and install eight(8)Glide Elbow Assy @ 3-1/2" 0DX16.5 Deg.
3. General Requirements
A) The Contractor is required to provide protection for all existing surfaces. To
include, 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.
I) The Contractor shall provide a lump sum price by December 15, 2021, at 3:00
p.m., via email as noted herein.
Page 3 of 27
.1) 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, $3001,000 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
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,
Page 4 of 27
A an activity of Contractor or an of its employees, a ents, contractors or other invitees
Yg( ) Y Y
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 [imitation of liability
under this contract shall be not less than $l 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 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 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
knowledge that Monroe County relies upon the truth of the statements contained in this
paragraph in awarding contracts for this project.
Page 5 of 27
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 County officer or
employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of
this provision the County may, in its discretion, terminate this Agreement without liability
and may also, in its discretion, deduct from the Agreement or purchase price, or otherwise
recover, the full amount of any fee, commission, percentage, gift, or consideration paid to
the former County officer or employee.
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 1 12.313,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 complies fully with,and in accordance with Florida Statute,Section 287.087,
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 I, 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 drug-free workplace through
implementation of this section.
Page 6 of 27
ADDITIONAL CONTRACT PROVISIONS
I) Nondiscrimination/Egual Employment Opportunity.
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 VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race,color or national origin;2)Title TX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis ofsex; 3) Section 504 of the Rehabilitation Act of
I973, 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 290ce-3), as
amended, relating to confidentiality of alcohol and drug abuse patient records; 8) Title
VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq_), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to
time, relating to nondiscrimination on the basis of disability; I0) Monroe County Code
Chapter 14, ArticIe 11, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) Any other nondiscrimination provisions in any Federal or
state statutes which may apply to the parties to,or the subject matter of,this Agreement.
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 a[. 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
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. 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 determines 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 287.1 35(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.
i
IV)Ri ht 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 under or covered by any contract
document (all foregoing hereinafter referred to as "Records") shall be open to
inspection and subject to audit and/or reproduction by Owner's representative and/or
agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the 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 /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
I
Maintenance Department, Attention — Debra Martinez, via email at Martinez-
debra@monroccounty-fl.gov.
monroccounty-fl.gov.
The County is exempt from sales and use taxes. A copy of the 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.
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
perfonn the service.
(2) Upon receipt from the County's custodian of records, provide the County with a
copy of the requested records or allow the records to be inspected or copied within a
reasonable time at a cost that does not exceed the cost provided in this chapter or as
otherwise provided by law.
(3) Ensure that public records that are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for the
duration of the contract term and following completion of the contract if the contractor
does not transfer the records to the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records that would
be required by the County to perform the service. If the Contractor transfers all public
records to the County upon completion of the contract,the Contractor shall destroy any
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 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise dispose
of any public records unless or otherwise provided in this provision or as otherwise
provided by law.
IF THE CONTRACTOR HAS QUESTIONS _REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO
THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN
OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONEN 305-292-
3470; BRADLEY-BRIAN(a,MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12Ttt 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 ll of 27
I
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 32577
For Owner: Facilities Maintenance Department
123 Overseas Highway
Key West, Florida 33450
And
Monroe County Attorney's Office
111 1 12th Street
Suite 408
Key West. Florida 33040
I� 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 Party's control. without such Party'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)
government 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
Page 12 of27
services, market conditions, or supplier actions or contract disputes will not excuse
performance by Contractor under this Section.Contractor shall 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 an art shall have the right to seek such relief or remedy as may be provided
YP Y b Y Y
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 1I, 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 Ln
Milton, FL 32571
850-232-1615
The undersigned, having carefully examined the Work and reference Drawings,
Specifications, Proposal, and Addenda thereto and other Contract Documents for the
construction of:
Harry Harris—PIayground Shade Sail Replacement
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.
The 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.
Thirteen thousand, four hundred thirteen &41/100 Dollars.
(Total Base Proposal-words)
$ 13 413.41 Dollars.
(Total Base Proposal —numbers)
I acknowledge Alternates as follows: NIA
1 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: h ://fl-monroecounty.eivici)lus.com/Bids.aspx?CatID--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: Signed:
Jon itts Owner
Name Title
Contractor's Witness signature: &�2w,-)
Witness name: Leslie Pitts
Date: - o -- 2 0
The County accepts the above proposal:
MONROE COUNTY, FLORIDA
_ Date: 01/25/2022
By CountiAdministrator or Designee
MONROE COUWrY ATTORNEN•S QFFICE
r, S]APPROVE AS TO FORM Page 16 of 27
f
FANT MUNTYATTORNEY
SATE: - 12-02-2021
NON-COLLUSION AFFIDAVIT
1, 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:
Replacement and installation of(2) custom shade fabrics for existing shades
and that l 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.
(Signatu roposer) (Date)
STATE OF: per
COUNTYOF:
Subscribed and sworn to (or affirmed) before me, by means of physicalpresence or
® online notarization, on 2�2 o 2-2- (date) by
(name of affiant). He he ^personall k}� nown}
me or has produced
(type of identification) as identification.
a
NOTARY PUBLIC
My commission expires: ` u I I T jT�C��.L I o i��6b ;;�;;IE L.EvJEAL)
' c Commission#GG 974713
N,9r Pae Expires July 31,2024 p$g� 17 of 27
FOF Fto BortW Thru&Wi ec Notary Swms
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 0104990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
u Johnny Pitts Construction, Inc
(Company)
warrants that helsherit 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: FLDRi DRr
COUNTY OF: I'�ps
Subscribed and sworn to (or affirmed) before me, by means of,9physical presence or
❑ online notarization, on J t 20 z. date) by
u (name of affant). a he is
e sonall o me or has produced
as identification. (Type of identification)
NOTARY PUBLIC
r ��, VICKIE L.EVANS
My commission expires: uLa! 3l, Zp�� com.►,Isr,�,3#tGsn7t3
SEAL y7�N` E�J�31,3M
) �W M1� GwOedT�ydr�liiMMlSr�
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 drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be unposed 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 contendere to, any violation of Chapter 893 (Florida Statutes) or
of any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five(5) days after such conviction.
5. Imposes a sanction on, or 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.
0 os 's Signature
O 1- 03-2flzz
Date
STATE OF: FLo 2 E (}
COUNTY OF: SAmbi oS A
Subscribed and sworn to (or affirmed)before me, by means ofXphysical presence or❑ online
notarization,on 3. 20 2� (date)by o hN uv J P
(name of affiant)qj!�She(s on y own me or has produced
type of identi cation) iden 'ficati n
vn"�w VICKIEL.EVANS
�,.••..�, NOTARY PUBLIC
�T� Comnission M GG 974713
�� EVkU July 31.2024
(SEAL) oF�o� Bmdad Thm MW N.�, � ommission Expires: J u LT_5!, ?�Z4
Page 19 of 27
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid on a contract with a public entity for
the construction or repair of a public building or public work, may not submit bids on leases
of real property to public entity, may not be awarded or perform work as a contractor,
supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, Florida Statutes, for CATEGORY TWO for a period of thirty-
six (36) months from the date of being placed on the convicted vendor list."
have read the above and state that neither
Johnny Pitts (Proposers name) nor any Affiliate
has been pl on th victed vendor list within the last thirty-six (36) months.
(Signat e
Date: `fQ( -o - p
STATE OF:
COUNTY OF: N
Subscribed and sworn to (or affirmed) before me, by means of)physical presence or
❑ online notarization, on the day of Iv
20 b (name of affiant) He he is
rsonall know o me or has produced
(type of identification) as
identification.
My Commission Expires: : 3 4
NOTARY PU LIC
(SEAL)
• . COMR46W O GG S74713
EXOM July 31,2024
Page 20 of 27
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s)Replace and Installation of (2) shade fabrics on existing shade
Respondent Vendor Name Johnny Pitts Construction, Inc
Vendor FEIN 56-2401784
Vendor's Authorized Representative Name and Title: Johnny Pitts, Owner
Addressi 4124 Pace Ln
City Milton State FL zip: 32571
Phone Number 860-232-1615 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 Pitts who is authorized to sign
on behalf of the above re en
Authorized Signature�_
Print Name, Johnny PidsJ-2
Title: Owner
Note: The List are available at the following Department of Management Services Site:
i www.d m s V
flortda,com/buSiness_gpergtjois,state Qurchasinavendor !nformation/convicted susr,)
endpd dLscrin�inatc ry .�qoTeL ven
dor lists
llao�e 21 A'27
INSURANCE REQUIREMENTS AND FORMS
MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES
I
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 wil[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 Cite
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
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.
J
Page 23 of 27
I
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 limits/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 CountyBoard of County Commissioners shall be named as Certificate Holder and
tY
Additional Insured on General Liability an Vehicle policies.
Vehil
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 CounVs 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 hPa 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 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.
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 Signature
Page 25 of 27
INSURANCE AGENTS ST6T9ME
I have reviewed the above requirements with the proposer named above. The following
deductibles apply to the corresponding policy.
�OH�y DEDUCTIBLES
I L06
Q-7 6 G-2xoO
Liability policies are Occurrence Claims Made
Insurance Agency Signature
Page 25 of 26
---- J NPrr-W ACA3TL9MR
R CERTIFICATE F LIABILITY INSURANCE DATE11312022
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 B'YTHE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A COmmCT BETWEEN THE ISSUING INSURER(S),AUTHORIED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTAIUT: If the Certificate holder is an ADDITIONAL INSURED,the policy(lesl roust have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WANED, subject to the terms and conditions of the of
I policy,eartalrs puisllcles irrttay require an endarsement. A statement on
this certificate does not confer ri hts to the certificate holder in lieu of such sndorserne s
aRorsiscflz c ACT William Oliver Sumlin
M.E.Wilson dba Underwood Anderson Insurance MOM EAs '
2302 North 9th Avenue Mi ft.€ds): 850 434-5526 A 850 43" 0
Pensacola,FL 32503 _MILW.oliver_@undecwoodancterson.com
ARE RR sI AFEOR srta Cr VERAes ► o
- r ,GRERA,Auto Owners_Insurance Company 189889
iN 1REb 114LIRIER a:S004rn Owrsers Insttrattce -t4—t?-790
Johnny Pitts Construction,Inc -i-
4124 Pace Lana ViSURIER o:
Milton„FL 32571
i e�
rlisurR F
COVERA13ES CERTIFICATE NUMBER: -_ _ QN N M E :
THIS IS To CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIFMMENT, TERM C ' CONDITION OF ANY CONTRACT OR O'WER oocumENTwiTH RESPECTTo WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POUCIES DESCRIBED HIEREINIS SUWECTTO ALL THE
EXCLUSIONS AND CONDMONS OF SUCH POLICIES.LIMITS SHOWN MAY IU3,VE,BEEN REDUCED SY PAID CLAIMS.
_.____ _
R SUM P4lJIwY'EI P4t'!EY QQ"
TYPE r3F RArTcs POLICY NUrtlt&Ek LUIUM
A X C MMERCAL 6ENEPAL I.RMaffY 1,000,000 t
C E X OCcuriGE RPriT1 60,000
X 847EI63S 'fJ2612021 Sf2612032 c0�----,�.,,�,
KM E)GP oftsYw5,000
D bYY9NJtJRY 11000,000
C AGGREGATE Usarr APPLIES PER: _cII:EOATE 3,000.000
POLICY El z' ( LOC axe cc Pr t®, 3,000,000
A AuToMroslLELrMuTY L52 ?NCLE LIWT 11 1,0010,0-0-0
X ANY AUTO X � 7663600 5n6R2021 �022 scaru�Y_sre lRril� r,s s
A ONLY tEt3 Pip LY JNNJfi'9°ieu gn
AirT OKY AANUQT MP Y Pei PERT Y GE
PIP 10,000
B X UUMMLAUAe X OCCUR
EACH d=R ENC 2.000,000
EXCESS LM CLAWS—MADE 4447663601 =612021 5W26l2022 6PqRKOAjg s 2,000,000
O RETENTION i Ptod f Co ops 2,000.000
-_-WORKVAS COMPOMMN ArtrR.GVE7 k Y RISK MANAGEMENT PER arm-
AM EMPII'3Y$W LSAaUTY -_
AtIY PRAPRIEYL}Fki ARTNERVo;c_IY'1"6YE BY•.,_;-.' _. ._^ Y'° .$ `-.. L. HRC �ENF ..�
=MW.Ii�riEXttA7k7EB? �I NIA IATr
r�
II .s{MQ N UV#�P:, WAVER WA__YEs_.._
rsP t}P�ik i+�' E L r>� -rMlll uuR 3
i3€3CrUPir471i OF C3PERA(i6N8 f Lld'�ATii�ri5 J',�riGt�„9(A 9 0t. ]t�m�rs�xTrad�O,ma�gT ti� Im!8!ew sraase fs rs�u:m�i'p
Johnny James Pitts,Uc(mse d CGC 1527668
Monroe County Board of County Commissioners is an Additional Insured with"ram to General Liability and Autry Lialibility as required by written Contract
C RTIFIICATE F1t3L D R CANCELLATION
SHOULD ANY OF THE Asove DESCRIBED POLICIES BE CANCELLED BEFORE
Monroe County Board of County Commissioners THE EXPOtATION DATE THEREOF, NOTICE WILL ILL BE DELI` EKED IN
ACCORDANCE WITH THE POLICY P OVISHMS.
1100 Simonton Street
Key West,FL 33M
AAHRORMED REPRESENTAWM
ACORD 25(2016103) 0 198 15 ACORD CORPORATION. All rights re
The ACORD name and logo are registered marks of ACORD
JOHMPIT-03 _ 11IdAR ER_ 61
�►+�" �f,��7►' HATE IiliNt>yNW11"I'YYI
CERTIFICATE OF LIABILITY INSURANCE 1t"022
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 TIME COVERAGE AFFORDED BY THE POLICIES
BELOII%IE: THIS CERTIFICATE OF INSURANCE DOTES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER.
IMPORTANT If the certificate holder is an ADDITIONAL,INSURED,the policy(iss)must have ADDITIONAL INSURED provisions or be endorsed.
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on
this cElrtfRcate does not confer rights to the certificate holder in lieu of such endorsemen A
PRODUCER n0cr Michele Southard
Insurance Dfflce of America,Inc. PHONE 1 �tl5.11 f B M
1855 West State Road 434 ,arc.No.EdY
Longwood,FL 32750 iffik. Michate.Southard@joausa.com
IMSIIR S AF°ORrIIM9 COVERAGE NAIL a
INSUPERA-Arnedcan Builders Insurance Company 1120
INSURED Ruwat at _-
Johnny Pitts Construction,Inc. 19SU ERG:
4124 Pare Lane 1 0:
Milton,FL 32571
IRVE Er
INSURER F;
COVERAGES CER71FICATE NUMBER: REVISION UMBER.
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE:POLICY PERIOD
INDICATED- NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECTTO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL.THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE;BEEN REDUCED BY PAID GLAD.
I TYPECFCTMRAMCE ADDLISUOR POLICY NUM PKILICYEFF POLICYE-X LWrr4
COMMERCIAL GENERAL.LIARRIff F NtOCCURREMCE I$
DAMAGE TO RENTED
........ CLpPASWALIF OCCUR APPROVED BY RISK MANAGEMENT 1, SX"ML.......... s ....
MEX)EiDP Art M orsors
PER}��,._�._�.p f,, '$OlU1I..$Ad1P INJURY
L7ATE,�.I...��z_ +.�. .....,.
C>EN"L�tGGRE+OATE 1JFATT APPLIES PER: RE43ATE
POLICY El pLqp.r 0 LOC ( WAVER WA__YES— MgLX DMTS-COMPIOPA G S
F1,
OTHER! 111.
ALr'rOM1d811E Y.IAa1LITy"
CM311SE"DI SINGLE LIMIT
ANY A6dSC,7.... 940I1,Y IPMRY_ r pemaffi
ED
AUTOS ONLY AUVVN SCT BOClILY(hLAJRY P'er _ rd
014LYac
4" OF'ER ni MADE
UI99 MM A LAB OCCI R EACH I fMNCIE
EXCESS LIM HCLA2.1S4WF
DED RJETENTION T
A woRKERS compimsATiov PER AITi-
_,_._^_
EEL
Y ENpPRIETORIPAR'TNE. ~l—1 GV 01 02408 W12021 12022 �Acal Accr[��Nr # 1,000,000
f�PI n EXCLaEa D L N a A "I,IItI$I,QQtI
EA..DISEASE_EA EMPLOYE_
rL 0 , IPtI OUN OFDtI4,IldU
� iTaERATIc3NS Cek,w E.L.E.I_DISEASE-PDA.IS'.'"l Lfk�IT -
DESCR1M"of DPEPIATIoms r LOCArZNS r VM41CLES(A="ItH°I..A " onal Rem,ackm odula,mail Ise a" r-N a E®am%Pni tt r+quared)
CERTIFICATE tiOLDER., CILNG N
SHOULD ANY Of THE ABOVE DESCRIBEID POLICIES BE CANCEtIJW BEFORE
THE: EXPIRATION DATE THEREOF, NOTICE WO-L IRE DEr.NERED IN
ACCORDANCE VWH THE POLICY PROVISICIN&
ALrTIf4'att'M REPRESEUTAIM
Monroe County Board of County Commissioners
1100 Simonton St -"A221073
ACORD 25(201WO) I 19W-2015 AGORD CORPORATION. AN rights reserved.
The ACORD name and logo are registered marks of ACORD