Item O4AGENDA ITEM SUMMARY
Meeting Date: September 19, 2012 Division: Administration.
Bulk Item: Yes X No — Department: County Administrator
Staff Contact /Phone #: Rhonda Haag, 292-4482
AGENDA ITEM WORDING: Approval for Monroe County BOCC to execute a contract with the
Redman Consulting Group, Inc. for consulting services related to the waste management and recycling
contracts.
ITEM BACKGROUND: The County's waste collection and recycling contracts are up for renewal,
and renewal proposals have been requested by staff from the contractors. The consultant shall review
the County's current collection and recycling franchise agreements currently in place, and the renewal
proposals to be received from the waste contractors, to ensure the county is receiving the best service at
the most economical price.
PREVIOUS RELEVANT BOCC ACTION: None.
CONTRACT/AGREEMENT: Not applicable.
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $4,850. INDIRECT COST: e BUDGETED: Yes No X
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: 4,850.00 SOURCE OF FUNDS:
REVENUE PRODUCING: Yes— No X AMOUNT PER MONTH Year
APPROVED BY: County Atty 0M&Purchasing Risk Managemen,",,',
DOCUMENTATION: Included Not Required X
DISPOSITION: AGENDA ITEM 4
Revised 7/09
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Redman Consulting Grp Contract # N/A
Effective Date: September 19, 2012
Expiration Date: September 18, 2013
Contract Purpose/Description:
This contract provides for review of the county's waste collection and recycling
contracts, and a potential composting contract, to ensure the county is receiving the best
available service and paying the least financial cost for such services.
Contract Manager: - Rhonda Haag 4482 County Administrator, #I
(Name) (Ext.) (Department/Stop
for BOCC meeting on 09/19/12 Agenda Deadline: 09/04/12
CONTRACT COSTS
Total Dollar Value of Contract: $ 4850
Budgeted? YesF-1 No M Account Codes:
Grant:$ $
County Match: $
Estimated Ongoing Costs: $0/yr
(Not included in dollar value above)
Current Year Portion: $ 4850
141 4&0 M
ADDITIONAL COSTS
For:
utilities,
etc
CONTRACT REVIEW
Division Director
Changes
Needed
YesR No[a"
6,
Date Out
Risk Man t
agern�.n
Ye NoD"'
S
O.M.B./Purchasing 7 Yes[:] No®
XO-P
q
County Attorney C"! "I'LL
LLI,'�
Yes No[Z]
Comments:
— k1l KU V 'Ke; / / / V I IVIV Ir ft/-
Consulting Services Agreement
This Contract ismade and entered into this day of2012,between
K4ONR]ECOUNTY FLORIDA ("COUNTY"), a political subdivision of the State of Florida, whose address is
1100 Simonton Street, Suite 2-283, Key West, Florida 33040, and Redman Consulting Group, Inc.
("CONTRACTOR"), a Florida Corporation, whose address is 7017 S. Atlantic Avenue, New Smyrna Beach,
FL 32169.
WHEREAS, the Contractor shall assist the County with review and negotiation of the County's
current solid waste collection, haul out and recycling contracts and potential composting contract(s).
NOW THEREFORE, |N CONSIDERATION Opthe mutual promises contained herein, the parties
agree as follows:
Y. TERM OF CONTRACT: The term of the CONTRACT shall be from September 19, 2012to
September 18, 2013, a period of one year.
11. FEES/AVAILABILITY OF FUNDS/COSTS: Fees under this CONTRACT will beOne Hundred
Fifty Five Dollars ($155.00) per billing hour and based on the scope of services listed herein, The funds to
be paid are subject to annual appropriation by the Monroe County Board of County Commissioners. If
funds cannot be obtained or cannot be continued at a level sufficient to a||ovx for continued
reimbursement of expenditures for services specified herein, this agreement may be terminated
immediately at the option of the COUNTY by written notice of termination delivered to the
CONTRACTOR. The COUNTY shall not be obligated to pay for any services or goods provided by the
CONTRACTOR after the CONTRACTOR has received written notice of termination, unless otherwise
required by law.
This contract shall not exceed Four Thousand Eight Hundred Fifty Dollars (��50.00) for the
performance of the Contract.
11L PAYMENT TO CONTRACTOR:
A. COUNTY shall pay inaccordance with the Florida Local Government Prompt Payment
Act F.S 2I8.70-80payment will be made after services have been received, and submission of a
detailed invoice by CONTRACTOR. Submission will not be considered proper unless the above
conditions have been met. Partial payments will beconsidered.
B. CONTRACTOR shall submit to COUNTY invoices with supporting documentation
acceptable tmthe Clerk, upon completion ofamonthly billing period. Acceptability tothe Clerk isbased
on generally accepted accounting principles and such laws, rules and regulations as may govern the
Clerk's disbursal offunds.
IV. NO ENT: The CONTRACTOR and COUNTY warrant that, in respect
to itself, it has neither employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this CONTRACT and that it has not paid or agreed to pay any
person, company, corporation, individual, or firm, other than a bona fide employee working solely for it,
any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the
award or making ofthis Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this CONTRACT without liability and, at its
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discretion to offset from monies owed, or otherwise recover, the full amount of such fee, commission,
percentage, gift, or consideration.
V. MAINTENANCE of RECORDS: CONTRACTOR shall maintain all books records, and
documents directly pertinent to performance under this CONTRACT in accordance with generally
accepted accounting principles consistently applied. Each party tothis CONTRACT ortheir authorized
representative, or its designee, shall have reasonable and timely access tosuch records of each of party
to this agreement for public record purposes during the term of the agreement and for four (4) years
following the termination of this CONTRACT. If an auditor employed by the COUNTY or Clerk determines
that monies paid to contractor pursuant to this CONTRACT were spent for purposed not authorized by
this CONTRACT, the CONTRACTOR shall repay the monies together with interest calculated pursuant to
Sec. 55O.OJ,F.S,running from the date the monies were paid toCONTRACTOR.
VL SCOPE 0FSERVICE: The Contractor shall furnish all labor, transportation, services, and
incidentals, and perform work as follows:
1. CONTRACTOR shall review the CUUNTY's current collection and recycling franchise
agreements currently inplace, and make the necessary recommendations tothe COUNTY toensure the
COUNTY, its residents and businesses are receiving the most updated and modern collection and
recycling technologies available within the industry. CONTRACTOR will assist in the COUNTY review and
analysis of offers to the COUNTY by the waste collectors, haulers and recyder(s) and make
recommendations to the COUNTY to ensure the enhancement of procedures would also cover the
COUNTY with all updated programs that are made available through such franchise agreements well into
the future. CONTRACTOR will also make recommendations which would ensure the COUNTY is receiving
the very best programs offinancial benefit tothe COUNTY. CONTRACTOR will meet with the COUNTY as
needed, prepare recommendations and formulate areport oneach. CONTRACTOR will also review and
comment on any proposed changes to the haul -out contract that may be received. CONTRACTOR will
also review and comment onpotential composting offers and proposals.
2. K4ONROE COUNTY, FLORIDA SPECIFICATIONS
Work to be coordinated with the Monroe County Administrator's Office, contact person is Rhonda Haag,
VIL ACCEPTANCE OF CONDITIONS BY CONTRACTOR: CONTRACTOR has, and shall maintain
throughout the term of this Agreement, appropriate licenses. Proof of such licenses and approvals shall
besubmitted tothe COUNTY upon request.
VUL PUBLIC ACCESS: The COUNTY and CONTRACTOR shall allow and permit reasonable
access to, and inspection of, all documents, papers, letters orother materials inits possession orunder
its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the
COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation ofthis provision by CONTRACTOR.
QL HOLD HARMLESS AND INSURANCE: 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 bvany 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, (13) the negligence or willful misconduct of CONTRACTOR orany wfits employees,
2
agents 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). 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.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of insurance
indicating the minimum coverage limitations in the following amounts:
l' WORKER'S COMPENSATION AND EMPLOYER'S NA8|0OY INSURANCE: Where
applicable, worker's compensation coverage to apply for all employees at a minimum statutory limit as
required by Florida Law, and Employer's Liability coverage in the amount of $100,000.00 bodily injury by
accident, $500,000.00 bodily injury bydisease, policy limits, and $100,000.00 bodily injury by disease,
each employee.
2. COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE: Motor vehicle liability
insurance, including applicable no-fault coverage, with limits ofliability ofnot less than $3OU/}UO.0Uper
occurrence, combined single limit for Bodily Injury Liability and Property Damage Liability. If single limits
are provided, the minimum acceptable limits are $50,000.00 per person, $100,000.00 per occurrence,
and $25,DOO.00property damage. Coverage shall include all owned vehicles, all non -owned vehicles,
and all hired vehicles.
3. COMMERCIAL GENERAL LIABILITY: Commercial general liability coverage, including
Premises Opera-tions, Products and Completed Operations, Blanket Contractual Liability,and Expanded
Definition of Property Damage, with limits ofliability ofnot less than $308,000.00 per occurrence,
$100,000.00 per person, $50,000.00 property damage, combined single limit $300,000.00,
4. CERTIFICATES OFINSURANCE: Original Certificates ofinsurance shall beprovided tothe
COUNTY at the time of execution of this Agreement and certified copies provided if requested. Each
policy certificate shall be endorsed with a provision that not less than thirty (30) calendar days' written
notice shall be provided to the COUNTY before any policy nrcoverage iscanceled or restricted. The
underwriter ofsuch insurance shall be qualified to do business in the State of Florida. if requested by
the County Administrator, the insurance coverage shall be primary insurance with respect to the
COUNTY, its officials, employees, agents and volunteers.
N1ONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS ADDITIONAL
INSURED ON ALL POLICIES EXCEPT WORKER'S COMPENSATION.
X. NON -WAIVER OF |KDKHUN[TYNotwithstanding the provisions ofSec. 768.28Florida
Statutes, the participation of COUNTY and CONTRACTOR in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, orlocal government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any
Agreement entered into by the COUNTY be required to contain any provision for waiver.
Xi INDEPENDENT CONTRACTOR: At all times and for all purposes under this agreement
CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners
of Monroe County. No statement contained in this agreement shall be construed so as to find
CONTRACTOR or any of his employees, subs, servants, or agents to be employees of the Board of County
Commissioners ofMonroe COUNTY.
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XN. NONDISCRIMINATION: COUNTY and CONTRACTOR agree that there will be no
discrimination against any person, and it isexpressly understood that upon a determination by 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. COUNTY or
CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: I) Title V| of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national
origin; 2)Title |Xofthe Education Amendment ofI972,asamended (2OUSCss.16O1-1683,and 1GQ5-
l686), which prohibits discrimination on the basis of sex; 3) Section 5O4ofthe Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act ofl975, as amended (42 USCss.61O1-G1O7)which prohibits discrimination on the
basis of age; G) The Drug Abuse Office and Treatment Act of 1972 (PL92-255), as amended, relating to
nondiscrimination on the basis ofdrug abuse; 6)The Comprehensive Alcohol Abuse and Alcoholism
Prevention' Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination onthe basis ofalcohol abuse oralcoholism; 7)The Public Health Service Act ofI91Z,
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) T{tleV||| of the Civil Rights Act of 1968 (42 USC s. etseq.), as amended,
relating to nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USCs. 1201 Note), as maybe amended from time totime, relating to
nondiscrimination onthe basis ufdisability; 1U) Any other nondiscrimination provisions inany Federal
or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject matter of, this
Agreement.
X111. ASSIGNMENT/SUBCONTRACT: CONTRACTOR shall not assign or subcontract its
obligations under this agreement to others, except in writing and with the prior written approval of the
Board of County Commissioners of Monroe County and CONTRACTOR, which approval shall be subject
to such conditions and provisions as the Board may deem necessary. This paragraph shall be
incorporated by reference into any assignment or subcontract and any assignee or sub shall comply with
all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any additional obligation upon the board.
XyV. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS: |nproviding all
pursuant to this agreement, CONTRACTOR shall abide by all laws of the Federal and State government,
ordinances, rules and regulations pertaining to, orregulating the provisions of, such services, including
those now in effect and hereinafter adopted. Compliance with all laws includes, but is not limited to,
the immigration iama of the Federal and State government. Any violation of said statutes, ordinances,
rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to
terminate this Agreement. CONTRACTOR shall possess proper licenses tn perform work in accordance
with these specifications throughout the term ofthis Agreement.
XV. DISCLOSURE AND CONFLICT OF INTEREST: CONTRACTOR represents that it, its
directors, principles and employees, presently have no interest and shall acquire no interest, either
direct or indirect, which would conflict in any manner with the performance of services required by this
contract, as provided in Sect. 1I2]I1, et. seq., Florida Statutes. 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 1I2.313, 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 oruse ofcertain information.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any
company or person, other than a bona fide employee working solely for it, to solicit or secure this
Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or
firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or
other consideration contingent upon or resulting from the award or making of this Agreement. For the
breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to
terminate this Agreement without liability and, at its discretion, to offset from monies owed, or
otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration,
XVI. NOPLEDGE OFCREDIT: CONTRACTOR shall not pledge the COUNTYScredit ormake b
a guarantor of payment orsurety for any contract, debt obligation, judgment, lien, orany form of
indebtedness. CONTRACTOR further warrants and represents that it has no obligation or indebtedness
that would impair its ability tofulfill the terms ofthis contract.
XVVL NOTICE REQUIREMENT: Any notice required or permitted under this agreement shall
be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail,
returned receipt requested, to the following:
FOR COUNTY:
Monroe County
Susta|nabi|ityK8anaQer
llODSimonton Street, #2-209
Key West, FL33O4U
and
Monroe County Attorney
Post Office Bom10D6
Key West, FL 33041-1026
FOR CONTRACTOR:
Bill Redman
Redman Consulting Group, Inc.,
7O175.Atlantic Avenue
New Smyrna Beach, FL32lG9
X. TAXES: COUNTY bexempt from payment ofFlorida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized
to use the [OUNTYS Tax Exemption Number in securing such materials. CONTRACTOR shall be
responsible for any and all taxes, or payments of withholding, related to services rendered under this
agreement.
XX. TERMINATION:
A. The COUNTY orCONTRACTOR may terminate this Agreement for cause with seven(7)
days notice toCONTRACTOR. Cause shall constitute abreach ofthe obligations ofeither
party to perform the obligations enumerated under this Agreement.
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 with neither party
having any further obligation under the term s of the contract upon termination.
5
XXi' GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES: This Agreement shall
be governed by and construed in accordance with the laws of the State of Florida applicable to
Agreements made and to be performed entirely in the State. In the event that any cause ofaction or
administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the
COUNTY and CONTRACTOR agree that venue will lie in the appropriate court or before the appropriate
administrative body inMonroe County, Florida.
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to mediation
prior tmthe institution ofany other administrative orlegal proceeding. Mediation proceedings initiated
and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil
Procedure and usual and customary procedures required by the circuit court of Monroe County.
XXii SEVERABIL[TY: |fany term, covenant, condition orprovision ofthis Agreement (or the
application thereof to any circumstance orperson) shall be declared invalid nrunenforceable toany
extent by a court ofcompetent jurisdiction, the remaining terms, covenants, conditions and provisions
mfthis Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law
unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement
would prevent the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree toreform the Agreement to replace any stricken provision with avaiid provision
that comes asclose aspossible tothe intent ofthe stricken provision.
XXNi ATTORNEYS FEES AND COSTS: COUNTY and CONTRACTOR agree that \nthe event any
cause of action or administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation ofthis Agreement, the prevailing party shall be entitled to reasonable
attorney's fees and attorney'sfees' in appellate proceedings. Each party agrees tn pay its own court
costs, investigative, and out-of-pocketexpenses whether it is the prevailing party ornot, through all
levels ofthe court system.
XXIV ADJUDICATION OFDISPUTES OR DISAGREEMENTS: COUNTY and CONTRACTOR agree
that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions
between representatives ofCOUNTY and CONTRACTOR. |fnoresolution can beagreed upon within ]O
days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of
the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of
COUNTY and CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement orbyFlorida law.
XXV. COOPERATION: |nthe event any administrative orlegal proceeding binstituted against
either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONTRACTOR agree to participate, tothe extent required by the other party, in all proceedings,
hearings, processes, meetings, and other activities related to the substance of this Agreement or
provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
XXV|. BINDING EFFECT: The terns, covenants conditions, and provisions of this Agreement
shall bind and inure to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
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XXVIi AUTHORITY: Each party represents and warrants to the other that the execution,
delivery and performance of this Agreement have been duly authorized by all necessary COUNTY and
corporate action, as required by law.
XXV|U. CLAIMS FOR FEDERAL OR STATE AID: CONTRACTOR and COUNTY agree that each shall
be and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of
this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall
beapproved bveach party prior tosubmission.
XXIX. PRIVILEGES AND |K0KAUNDDES: All of the privileges and immunities from liability,
exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation,
and other benefits which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this Agreement within the
territorial limits of the COUNTY shall apply to the same degree and extent tothe performance of such
functions and duties of such officers, agents, volunteers, or employees outside the territorial limits of
the COUNTY.
XXX. LEGAL OBLIGATIONS AND RESPONSIBILITIES: This Agreement is not intended to, nor
shall it be construed as, relieving any participating entity from any obligation or responsibility imposed
upon the entity by law except to the extent of actual and timely performance thereof by any
participating entity, in which case the performance may be offered in satisfaction ofthe obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the
delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by
the Florida constitution, state statute, and case law.
XXXI. BY NON-PARTIES: Noperson orentity shall beentitled torely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third -party claim or
entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee
of either xho|| have the authority to inform, counsel, or otherwise indicate that any particular individual
or group of individuals, entity or entities, have entitlements or benefits under this Agreement separate
and apart inferior to, orsuperior to the community in general orfor the purposes contemplated in this
Agreement.
XXX|i ATTESTATIONS:
CONTRACTOR agrees tuexecute such documents as the COUNTY may reasonably require, including a
Public Entity Crime Statement, an Ethics Statement, and a Drug -Free Workplace Statement.
XXX|U. NO PERSONAL LIABILITY:
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any
member, officer, agent or employee of Monroe County in his or her individual capacity,and nomember,
officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject
to any personal liability or accountability by reason of the execution of this Agreement.
XXXIV. EXECUTION IN COUNTERPARTS:
This Agreement may be executed in any number of counterparts, each of which shall be regarded as an
original, all of which taken together shall constitute one and the same instrument and any of the parties
hereto may execute this Agreement by signing any such counterpart,
XXXV. SECTION HEADINGS:
Section headings have been inserted in this Agreement as a matter ofconvenience of reference only,
and it is agreed that such section headings are not a part of this Agreement and will not be used in the
interpretation mfany provision ofthis Agreement.
XXX*I. PUBLIC ENTITY CRIME INFORMATION STATEMENT: "Aperson oraffiliate who has been
placed on the convicted vendor list following a conviction for a public entity crime may not submit abid
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 ofreal property tna public entity, may not be awarded or perform work as aConstruction
Manager, supplier, subcontractor, or consultant under contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO fora period of3G months from the date of being pieced on the convicted vendor
XXXVYI.h8U7UAL REVIEW: This agreement has been carefully reviewed byContractor and the
County therefore; this agreement is not to be construed against either party on the basis of authorship.
XXXVfN' INCORPORATION OF BID DOCUMENTS: The terms and conditions of the bid
documents are incorporated by reference in this contract agreement.
XXXIX. ANNUALAPPROPRIATION: The County's performance and obligation to pay under this
agreement is contingent upon an annual appropriation by the Board of County Commissioners. In the
event that the County funds on which this Agreement isdependent are withdrawn, this Agreement is
terminated and the County has no further obligation under the terms of this Agreement to the
Contractor beyond that already incurred bythe termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this Agreement on the day
and date first written above in four (4) counterparts, each of which shall, without proof or accounting
for the other counterparts, bedeemed anoriginal Contract.
IN WITNESS WHEREOF the pasties hereto have executed this Contract on the day and date first
written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
Deputy Clerk
JIM
BOARD OFCOUNTY COMMISSIONERS
OFK8ONROECOUNTY, FLORIDA
By:
Mayor
Witnesses for CONTRACTOR:
Attest
14(
By:
Title�
Title:
CONTRACTOR
el
Address: 761,1
9