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Item F3 F.3 County f � .�� ",�, 1 BOARD OF COUNTY COMMISSIONERS Mayor Craig Cates,District 1 Mayor Pro Tem Holly Merrill Raschein,District 5 The Florida Keys Michelle Lincoln,District 2 James K.Scholl,District 3 David Rice,District 4 County Commission Meeting May 17, 2023 Agenda Item Number: F.3 Agenda Item Summary #12055 BULK ITEM: Yes DEPARTMENT: County Land Acquisition and Land Management TIME APPROXIMATE: STAFF CONTACT: Beth Bergh(305) 289-2511 NA AGENDA ITEM WORDING: Approval of award of bid and Contract with Guardian Fence Co. for the installation of two fences on Monroe County Conservation Lands in Key Largo for $70,408.10 to be completed within 90 days of permit issuance. ITEM BACKGROUND: A Request for Bids (RFB)was advertised for a contractor to install boundary fences on two Monroe County Conservation Lands in Key Largo. The proposed fences will protect native habitat. The RFB was advertised for 30 days and the County received six (6)bids in response to the RFB (see the attached Bid Tabulation Sheet). Guardian Fence Co. submitted the lowest bid for the project. The two sites where fences are to be erected are as follows: Site A - MM 94, Bayside, south of Sunset Gardens Drive Fence to be installed along perimeter of property; approximately 1,786 linear feet. Gate to be installed along eastern line (adjacent to US Hwy 1). Property line location will be marked by surve or at a roximatel 50 ft intervals rior to fence installation. �1 101 n f k Site B - MM 96, Bayside Fence to be installed along property line adjacent to US HWY 1; approximately 440 linear feet and must include a gate. Packet Pg. 1220 F.3 4 / fNf/ 440 LI fp, '� imuti PREVIOUS RELEVANT BOCC ACTION: February 2023 —BOCC approval to advertise the subject Request for Bids CONTRACT/AGREEMENT CHANGES: NA STAFF RECOMMENDATION: Approval DOCUMENTATION: Bid Tabulation Sheet pdf(1) Guardian Fence Contract May 2023 -partially executed FINANCIAL IMPACT: Effective Date: Upon execution Expiration Date: December 31, 2023 Total Dollar Value of Contract: $70,408.10 Total Cost to County: $70,408.10 Current Year Portion: $70,408.10 (100%) Budgeted: Yes Source of Funds: Fund 160 —Monroe Co Environmental Land Management& Restoration Fund CPI: Packet Pg. 1221 F.3 Indirect Costs: NA Estimated Ongoing Costs Not Included in above dollar amounts: NA Revenue Producing: No If yes, amount: Grant: NA County Match: Insurance Required: Yes —insurance pending BOCC approval. Additional Details: REVIEWED BY: Christine Hurley Completed 04/28/2023 12:13 PM Christine Limbert Completed 05/01/2023 10:08 AM Purchasing Completed 05/01/2023 10:19 AM Budget and Finance Completed 05/01/2023 11:26 AM Risk Management Completed 05/01/2023 12:13 PM Lindsey Ballard Completed 05/02/2023 9:27 AM Board of County Commissioners Pending 05/17/2023 9:00 AM Packet Pg. 1222 jo uoijellelsui jol eoua_qu ' are q4!m pej4UODf noadd ) d 49aqS uogein ' :4u9wqoej4Vc� � N Ci T U. n. Q� J4 U N RS S p. } O } ii Ud1 Q O f O O O O O O u 4- W z Ln O O ,-i O -� Y O� 06 O O o 0 0 O Q rn N �n d. Qi ui d\ s N O M o_ Q00T-A T N S Z Q O o O Wi- o � VZ QA o oii Q � WM Z H W Q L~LQ (hM Z o } oii a N O S° p W Z 0 V }� > ZpON I- ZQ � NJ N J J = O mco to Co = a O W y o p U,,i I— Z -� a H 4- o rn ° rn Q O Z Z -°o •� L U u o L a a L CL 0 Q J p O u o >0. } Q c O fo a u E a } O � cn H U c O U Z 0 cn v a� a N z a) c o c 0) aS � uj O L U- cn a) � V a -O U- x u o_ u � L •E c V W -u N LLB � O LL C _O N C Ul) LCL } U J J O } L L m N � L � � a F.3.b CONTRACT FOR PROFESSIONAL SERVICES FOR THE INSTALLATION OF c� FENCES ON TWO COUNTY CONSERVATION LANDS ON KEY LARGO 0 THIS CONTRACT is made and entered into this day of 2023,by MONROE 3: COUNTY("COUNTY"), a political subdivision of the State of Florida,whose address is the Marathon 0 Government Center, 2798 Overseas Highway,Marathon, Florida, 33050, and GUARDIAN FENCE CO. 0 ("CONTRACTOR"),whose address is 238 Second Road, Key Largo, Florida, 33037. Section 1. SCOPE OF WORK U) L- The CONTRACTOR shall do,perform, and carry out in a professional and proper manner certain duties 0 as described in the Scope of Services—Exhibit A—which is attached hereto and made a part of this agreement. Section 2. COUNTY'S RESPONSIBILITIES 2.1 The Monroe County Land Steward is designated as the "Project Manager"for this project and has the authority to act on the COUNTY'S behalf on all matters concerning the Work Assignment. 2.2 The COUNTY shall furnish to the CONTRACTOR all existing plans, studies,reports, and other available data pertinent to the work and obtain or provide additional reports and data as required by the CONTRACTOR. The CONTRACTOR shall be entitled to use and rely upon such information and services provided by the COUNTY or others in performing the U CONTRACTOR'S services. 0 2.3 The COUNTY shall arrange for access to and make all provisions for the CONTRACTOR to enter upon public and private property as reasonably required, and legally allowed,for the 0 CONTRACTOR to perform services hereunder. Any obstruction to such access by private CL property owners shall not constitute a basis for waiver of any other required entries on to public and private property,nor shall it provide a basis for termination of the contract. In the event that such access is so obstructed, CONTRACTOR and COUNTY shall work together to resolve the difficulty in a timely manner. 2.4 The COUNTY shall perform such other functions as are indicated in Exhibit A. 0 2.5 The COUNTY shall provide a schedule that is mutually agreeable to the COUNTY and 21 CONTRACTOR. CL Section 3. TIME OF COMPLETION cam, c14 c14 Work must be completed within 90 days of execution of the CONTRACT or issuance of County permits, whichever occurs later,unless an extension is agreed to in writing from the Project Manager. c� Section 4. COMPENSATION 0 4.1 The maximum compensation available to the CONTRACTOR under this agreement is $70,408.10. The COUNTY agrees to pay the CONTRACTOR based on completion of work within the Scope of Services. Once fences are installed, if final measurements exceed the U- total linear footage described in the scope of work (490 + 1900 =2,390 linear ft), then the Contractor may request additional payment based on costs established in this Contract. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for E c� Packet Pg. 1224 F.3.b 7 payment must be in a form satisfactory with supporting documentation acceptable to the County 0 Clerk(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. The request must 0 describe in detail the services performed and the payment amount requested. The CONTRACTOR 4- ' must submit to the COUNTY Project Manager,who will review the request. The Project Manager 0 shall note his/her approval on the request and forward it to the Clerk for payment. If request for g payment is not approved, the Project Manager must inform the CONTRACTOR in writing that must include an explanation of the deficiency that caused the disapproval of the request. U) L- Section 6. CONTRACT TERMINATION 0 0 c� A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, U- the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party thirty(30) 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 CONTRACTOR fail to perform the U covenants herein contained at the time and in the manner herein provided.In the event of such 0 termination, prior to termination, the COUNTY shall provide CONTRACTOR with five (5) calendar days' notice and provide the CONTRACTOR with an opportunity to cure the breach 0 that has occurred. If the breach is not cured, the Agreement will be terminated for cause. If CL 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 0 the breach. The maximum amount due to CONTRACTOR shall not in any event exceed 0 $70,408.10. In addition, the COUNTY reserves all rights available to recoup monies paid 1 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 C, 2-721 et al. of the Monroe County Code. M Q cN D. Termination for Convenience: The COUNTY may terminate this Agreement for convenience, at any time, upon 30 days' notice to CONTRACTOR. If the COUNTY terminates this agreement with the CONTRACTOR, COUNTY shall pay CONTRACTOR the sum due the U 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 t0 CONTRACTOR shall not exceed$70,408.10 c� E. For Contracts of any amount, if the County determines that the Contractor/Consultant has U- submitted a false certification under Section 287.135(5),Florida Statutes or has been placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott of Israel, the County shall have the option of (1) terminating the Agreement after it has given the Contractor/Consultant written notice and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida a Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. Packet Pg. 1225 F.3.b F. For Contracts of$1,000,000 or more,if the County determines that the Contractor/Consultant submitted a false certification under Section 287.135(5), Florida Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies with Activities in the 0 Sudan List, the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector 3: List,or been engaged in business operations in Cuba or Syria,the County shall have the option 0 of(1) terminating the Agreement after it has given the Contractor/Consultant written notice C 0 and an opportunity to demonstrate the agency's determination of false certification was in error pursuant to Section 287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida Statutes, are met. U) 0 Section 7. AUTHORIZATION OF WORK ASSIGNMENTS 7.1 All work assignments beyond or in addition to EXHIBIT "A" shall be authorized in a signed document (Work Order) in accordance with the COUNTY's policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the 3: authorized work for the purpose of clarifying certain aspects of this Agreement pertinent to the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated and serially numbered. U 4- 0 7.3 The CONTRACTOR shall not assign, sublet or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement L or subsequent Work Assignment without the written consent of the COUNTY, except to the extent C, d that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. X 21 Section 8. NOTICES CL All notices,requests and authorizations provided for herein shall be in a signed document and shall be hand I delivered,or mailed,certified/registered/return receipt requested,or sent by courier service with a signed CN receipt, to the addresses as follows: cN To the COUNTY: Beth Bergh, Land Steward Monroe County Planning & Environmental Resources 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 U a� c� Roman Gastesi, County Administrator 1100 Simonton Street, Suite 205 a Key West, Florida 33040 2 c� Packet Pg. 1226 F.3.b To the Monroe County Land Authority: 0 Christine Hurley, Executive Director 0 1200 Truman Ave, Suite 207 3: Key West, Florida 33040 0 To the CONTRACTOR: Kevin Poos,President PO Box 378646 Key Largo, Florida 33037 0 or addressed to either party at such other addresses as such parry shall hereinafter furnish to the other parry in writing. Each such notice, request, or authorization shall be deemed to have been duly given when so a delivered, or,if mailed,when deposited in the mails,registered,postage paid. U- Section 9. RECORDS AND RIGHT TO AUDIT CONTRACTOR shall maintain all books,records, and documents directly pertinent to performance under _ this Agreement in accordance with generally accepted accounting principles consistently applied. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other parry to this Agreement for public records purposes during the term of the agreement and for five(5)years following the termination of this Agreement. If an auditor employed by the COUNTY U or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for 0 purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with > interest calculated pursuant to Sec. 55.03 FS running from the date the monies were aid to L- p g p CL CONTRACTOR. C, Right to Audit Availability of Records. The records of the parties to this Agreement relating to the Project, which shall include but not be limited to accounting records (hard copy, as well as computer readable data if it can be made available; subcontract files (including proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,bidders list, etc); original estimates; estimating work sheets; correspondence; change order files (including documentation covering negotiated settlements); backcharge logs and supporting documentation; general ledger entries detailing cash and trade discounts earned, insurance rebates and CL dividends; any other supporting evidence deemed necessary by County or the Monroe County Office of the M Clerk of Court and Comptroller(hereinafter referred to as "County Clerk")to substantiate charges related Q to this agreement,and all other agreements, sources of information and matters that may in County'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 County's representative and/or agents or the County Clerk.County or County Clerk may also conduct verifications such as,but not limited t0 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, U- Subcontractors, suppliers, and contractors representatives. All records shall be kept for ten(10)years after Final Completion of the Project. The County Clerk possesses the independent authority to conduct an audit of Records, assets, and activities relating to this Project. If any auditor employed by the Monroe County or County Clerk determines that monies paid to Contractor pursuant to this Agreement were spent for purposes not authorized by this Agreement, the Contractor shall repay the monies together with interest calculated pursuant to Section 55.03, F.S., running form the date the monies were paid to Contractor. The right to audit provisions survives the termination of expiration of this Agreement. Packet Pg. 1227 F.3.b c� Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-1990 0 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any 4- former or current County officer or employee subject to the prohibition of Sections 2 and 3 of Ordinance C No. 010-1990 as amended by Ordinance No. 020-1990. For breach or violation of this provision the g 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, U) percentage, gift, or consideration paid to the former County officer or employee. 0 4- Section 11. CONVICTED VENDOR By signing this agreement,CONTRACTOR represents that the execution of this Agreement will not violate the Public Entities Crime Act (Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from C9 County's competitive procurement activities. 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 with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or U t3 CONTRACTOR under contract with any public entity,and may not transact business with any public entity 0 in excess of the threshold amount provided in Section 287.017 of the Florida Statutes,for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. 0 Section 12. GOVERNING LAW,VENUE,INTERPRETATION, COSTS AND FEES This Agreement shall be governed by and construed in accordance with the laws of the State of Florida U applicable to contracts made and to be performed entirely in the State. X 21 In the event that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the C, appropriate court or before the appropriate administrative body in Monroe County,Florida. c+, N N Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be U 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 U- terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the a original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. c� Packet Pg. 1228 F.3.b Section 14. ATTORNEY'S FEES AND COSTS 0 c� The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative proceeding 0 is initiated or defended by any party relative to the enforcement or interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorneys fees,court costs,investigative, and out-of-pocket 0 \expenses, as an award against the non-prevailing party, and shall include attorney's fees, courts costs, 0 investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and customary procedures required by the circuit court of Monroe County. This Agreement is not U) subject to arbitration. L_ 4- 0 Section 15. BINDING EFFECT The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. AUTHORITY Each party represents and warrants to the other that the execution, delivery and performance of this Agreement have been duly authorized by all necessary County and corporate action, as required by law. Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS U t3 4- 0 COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved ra by meet and confer sessions between representatives of each of the parties. If the issue or issues are still not 0 resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy CL as may be provided by this Agreement or by Florida law. Section 18. COOPERATION c� In the event any administrative or legal proceeding is instituted against either party relating to the formation, 0 execution,performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, 21 to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. C, COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter M into any arbitration proceedings related to this Agreement. Q Section 19. NONDISCRIMINATION 2 c� 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 0 discrimination has occurred, this Agreement automatically terminates without any further action on the part of any parry, effective the date of the court order. CONTRACTOR and COUNTY agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, U_ relating to nondiscrimination. These include but are not limited to: 1) Title VII of the Civil Rights Act of 1964 (PL 88-352)which prohibits discrimination in employment on the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of disabilities; 4)The Age Discrimination Act of 1975, as amended(42 Packet Pg. 1229 F.3.b 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 0 Rehabilitation Act of 1970 (PL 91-616), as amended,relating to nondiscrimination on the basis of 4- alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,relating to confidentiality of alcohol and drug abuse patient records; 8)Title 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 U) Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code, Chapter 14, Article II, 4- which prohibits discrimination on the basis of race, color, sex, religion, disability,national origin, a� ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other U- nondiscrimination provisions in any Federal or state statutes which may apply to the parties hereto, or the subject matter of, this Agreement. Section 20. REQUIREMENT TO USE E-VERIFY In accordance with F.S. 448.095, the Contractor and any subcontractor shall register with and shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the work authorization status of all new employees hired by the Contractor during the term of the Contract 0 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 0 Contract term. Any subcontractor shall provide an affidavit stating that the subcontractor does 0. not employ, contract with, or subcontract with an unauthorized alien. The Contractor shall comply with and be subject to the provisions of F.S. 448.095 c� Section 21. COVENANT OF NO INTEREST 0 21 COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not acquire any interest,which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. C, N Section 22. CODE OF ETHICS c14 The parties understand that officers and employees of the COUNTY are required to comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, and the Monroe County Personnel Policies&Procedures Manual,regarding,but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public U position, conflicting employment or contractual relationship; and disclosure or use of certain information. Section 23. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself,it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this C9 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 E c� Packet Pg. 1230 F.3.b 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. 0 Section 24. PUBLIC ACCESS 0 The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents,papers, letters or other 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 Agreement; and the COUNTY shall have the right to unilaterally cancel this 0 Agreement upon violation of this provision by CONTRACTOR. 0 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 J= conjunction with this contract and related to contract performance. The County shall have the right to 3: 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, U c, be entitled to reimbursement of all attorney's fees and costs associated with that proceeding.This provision 0 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 L comply with this provision. CL_ Pursuant to F.S. 119.0701 and the terms and conditions of this contract,the Contractor is required to: (1) Keep and maintain public records that would be required by the County to perform the service. (2) Upon receipt from the County's custodian of records,provide the County with a copy of the requested 0 records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed 0 21 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 CL requirements are not disclosed except as authorized by law for the duration of the contract term and I M following completion of the contract if the contractor does not transfer the records to the County. N (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 2 service. If the Contractor transfers all public records to the County upon completion of the contract, the Contractor shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Contractor keeps and maintains public records upon U 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. c� Packet Pg. 1231 F.3.b 7 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 0 fails to provide the public records to the County or pursuant to a valid public records request within a 4- reasonable time may be subject to penalties under sectionl19.10, Florida Statutes. C 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. U) 0 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 12 OF PUBLIC RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470 BRADLEY- BRIAN(u,MONROECOUNTY-FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE 1111 12TH Street, SUITE 408, KEY WEST, FL 33040. Section 25. NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes,the participation of the COUNTY and the U CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, 0 self-insurance coverage,or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be 0- CL required to contain any provision for waiver. Section 26. PRIVILEGES AND IMMUNITIES a� 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 a) officers agents, or employees of any public agents or employees of the COUNTY,when performing their 1 � respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents,volunteers, CL or employees outside the territorial limits of the COUNTY. Q c14 Section 27. LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended to, nor shall it be construed as,relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which t0 case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, U_ and case law. Section 28. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them,of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the Packet Pg. 1232 F.3.b 7 CONTRACTOR or any agent, officer,or employee of either shall have the authority to inform, counsel, or 0 otherwise indicate that any particular individual or group of individuals,entity or entities,have entitlements or benefits under this Agreement separate and apart,inferior to, or superior to the community in general or 0 for the purposes contemplated in this Agreement. 3: 4- Section 29. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, including, but not being limited to,a Public Entity Crime Statement,an Ethics Statement, and a Drug-Free Workplace U) Statement,Lobbying and Conflict of Interest Clause, and Non-Collusion Agreement. L_ 4- Section 30. NO PERSONAL LIABILITY c� No covenant or agreement contained herein shall be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe County in his or her individual capacity, and no member, officer, agent or employee of Monroe County shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31. EXECUTION IN COUNTERPARTS c� 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 U hereto may execute this Agreement by signing any such counterpart. 0 Section 32. SECTION HEADINGS 0 C, CL Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it ..,,, is agreed that such section headings are not apart of this Agreement and will not be used in the interpretation a of any provision of this Agreement. c� Section 33. INSURANCE POLICIES 0 21 33.1 General Insurance Requirements for Contractors and Subcontractors CL As a pre-requisite of the work governed,or the goods supplied under this contract(including the pre-staging M of personnel and material),the CONTRACTOR shall obtain,at his/her own expense,insurance as specified Q in any attached schedules,which are made part of this contract. The CONTRACTOR will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the CONTRACTOR. As an 2 alternative, the CONTRACTOR may require all Subcontractors to obtain insurance consistent with the attached schedules. 0 The CONTRACTOR will not be permitted to commence work governed by this contract (including pre- U a� staging of personnel and material)until satisfactory evidence of the required insurance has been furnished to the COUNTY as specified below. Delays in the commencement of work, resulting from the failure of U_ 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 Packet Pg. 1233 F.3.b immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in 0 the completion of work resulting from the failure of the CONTRACTOR to maintain the requird insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments 0 shall be imposed as if the work had not been suspended,except for the CONTRACTOR's failure to maintain the required insurance. 0 The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required insurance, either: U) • Certificate of Insurance; or L_ 0 • A Certified copy of the actual insurance policy. a� The County, at its sole option,has the right to request a certified copy of any or all insurance policies required by this contract. 2 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. 3: c� 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. U The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land 0 Authority, and their employees and officials,will be included as "Additional Insured" on all policies, except for Workers' Compensation. 0- C, CL 33.2 INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: a� 21 • Premises Operations • Products and Completed Operations 5, • Bodily Injury Liability M • Expanded Definition of Property Damage N The minimum limits acceptable shall be: 2 c� $300,000 Combined Single Limit(CSL) 0 U An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its provisions should include coverage for claims filed on or after the effective date of this contract. In addition,the period for which claims may be reported should extend for a minimum of twelve (12) months following the U_ acceptance of work by the County. The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land 0 Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements. 33.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS c� Packet Pg. 1234 F.3.b c� Recognizing that the work governed by this contract requires the use of vehicles,the CONTRACTOR,prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained 0 throughout the life of the contract and include, as a minimum, liability coverage for: 3: 4- 0 • Owned,Non-Owned, and Hired Vehicles 0 The minimum limits acceptable shall be: U) $100,000 Combined Single Limit(CSL) 0 4- If split limits are provided,the minimum limits acceptable shall be: a� $50,000 per Person $100,000 per Occurrence $25,000 Property Damage C9 The Monroe County Board of County Commissioners and the Monroe County Comprehensive Plan Land Authority shall be named as Additional Insured on all policies issued to satisfy the above requirements. c� 33.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS U Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' 0 Compensation Insurance with limits sufficient to respond to the applicable state statutes. 0 In addition,the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less than: CL d $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease,policy limits $100,000 Bodily Injury by Disease, each employee 0 Coverage shall be maintained throughout the entire term of the contract. 1 Coverage shall be provided by a company or companies authorized to transact business in the state of C, Florida. c+) cN cN If the CONTRACTOR has been approved by the Florida's Department of Labor as an authorized self- insurer,the COUNTY shall recognize and honor the CONTRACTOR's status. The CONTRACTOR may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of U Insurance,providing details on the CONTRACTOR's Excess Insurance Program. 0 If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be required. In addition, the CONTRACTOR may be required to submit updated financial statements from the fund upon request from the County. U_ a 2 Section 34. INDEMNIFICATION Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the Contractor covenants and agrees that he shall defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed officers and employees harmless from and against(i)any claims,actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other Packet Pg. 1235 F.3.b 7 proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Contractor or 0 any of its employees,agents, contractors in any tier or other invitees during the term of this Agreement,(B) 3: the negligence or willful misconduct of Contractor or any of its employees, agents, contractors in any tier 0 or other invitees,or(C) Contractor's default in respect of any of the obligations that it undertakes under the 0 terms of this Agreement, except to the extent the claims, actions, causes of action, litigation,proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY or any of its employees,agents,contractors or invitees(other than CONTRACTOR). Insofar U) 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 4- term of this Agreement or any earlier termination of this Agreement. a� In the event the completion of the project(including 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. C9 The extent of liability is in no way limited to,reduced, or lessened by the insurance requirements contained elsewhere within this agreement. c� Section 35. INDEPENDENT CONTRACTOR 0 U At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an 0 employee of the Board of County Commissioners. No statement contained in this agreement shall be ra construed so as to find the CONTRACTOR or any of his/her employees, contractors, servants or agents to 0 be employees of the Board of County Commissioners for Monroe County. As an independent contractor CL the CONTRACTOR shall provide independent,professional judgment and comply with all federal, state, and local statutes, ordinances,rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work,plan, supporting 0 data, and other documents prepared or compiled under its obligation for this project, and shall correct at its 0 own expense all significant errors or omissions therein which may be disclosed. The cost of the work 21 necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. C, This provision shall not apply to any maps, official records, contracts, or other data that may be provided M by the COUNTY or other public or semi-public agencies. Q Section 36.DELAY 2 c� The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this 0 contract. If possible, such delays or hindrances, if any, shall be compensated for by the COUNTY by an 0 extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties based on funding availability. U_ Section 37. TERMINATION OF CONTRACT This Contract will terminate upon closure of the permit,but no later than December 31, 2023. c� Packet Pg. 1236 F.3.b Section 38. UNCONTROLLABLE CIRCUMSTANCES 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 services, market conditions, or supplier actions or contract disputes will not excuse performance by 0 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 LL 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. o U IN WITNESS W BEREOF,the parties hereto have caused these presents to be executed on the day of 20_ 4- c 2 (SEAL) BOARD OF COUNTY COMMISSIONERS U 0 Attest: KEVIN MADOK,CLERK 0 OF MONROE COUNTY,FLORIDA 21 y II B y As Deputy Clerk Craig Cates,Mayor U 0 (CORPORATE SEAL) GUARDIAN FENC ( 'y U �a ATTEST: LL C M By By ent as U d cIID e with C l iff Packet Pg. 1237 F.3.b EXHIBIT A SCOPE OF SERVICES 0 INSTALLATION OF FENCES ON TWO COUNTY CONSERVATION LANDS - ON KEY LARGO The project is the installation of perimeter chain link fence on two County conservation properties. Site A is RE 9 00089100-000200 located at MM 94, Bayside. Site B is RE 9 00088270-0000000 located at MM U) 96, Bayside. Please see Exhibit A for more information and location maps. L- 0 4- The fence must meet the following specifications: • All fence material (including poles and fabric) must be 6 ft tall vinyl coated galvanized U- chain link; a • Color must be dark green or black (uniformly one color), wire must be 6 or 9 gauge; • Pipe must be Schedule 40; • Must include a top rail; • Minimum post/rail sizes: End posts 2 '/2"diameter; line posts 2" diameter; top rail 1 5/8" 3: diameter; • Post spacing is 10 ft on center maximum; • Posts must be set into the ground with concrete foundation with minimum dimensions of U 8"diameter and 24" depth. Posts must be embedded to within 6" from the bottom of the 0 foundation; • Must include tension bands: use one less than the height of the fence in feet, evenly spaced; • Must include fabric ties that are at minimum the same gauge as the fabric; • Fabric tie spacing on the top rail must be 5 ties between posts, evenly spaced; • Fabric tie spacing on the line posts must be 5 ties, evenly spaced; • Must include a bottom tension wire; 0 21 • Installation must include two gates (walk thru width) of same fencing specifications installed along the fence line adjacent to US Hwy 1. One gate installed at each site; CL • The fence may meander slightly to avoid removal of large trees; • Site A —perimeter fence total length is approximately 1,786 linear ft., however, allow for Q 1900 linear feet to meander around trees; • Site B —fence total length is approximately 440 linear ft, however, allow for 490 linear 2 feet in order to meander around trees; • Once fences are installed, if final measurements exceed the total linear footage described above (490 + 1900 =2,390 linear ft), then the Contractor may request additional payment U based on costs established in the Contract; and • Any vegetative debris created by the project shall be removed from the site by the contractor and placed by the roadside for County pickup. Contractor is not responsible a for disposal costs. c� Packet Pg. 1238 F.3.b Additional general project requirements include: • These are conservation properties, therefore, clearing should be limited to the minimal 0 amount necessary to install the fence. 4- • All construction debris must be removed and properly disposed of by the CONTRACTOR. • CONTRACTOR responsible for obtaining all necessary permits including payment of any permit fees. U) • CONTRACTOR must be insured and licensed to do work in Monroe County. • Work must be completed within 90 days of execution of the CONTRACT or issuance of County permits (whichever occurs later). U- Location Maps Site A: MM 94, Bayside, south of Sunset Gardens Drive Fence to be installed along perimeter indicated by blue line in photos below; approximately 1,786 linear feet. Gate to be installed along eastern line (adjacent to US Hwy 1). Property line location will be marked in the field(at approximately 50 ft intervals) by surveyor (surveyor hired by County)prior to fence installation. U 4- 0 u � i, 0 c� w 0 21 CL -J� C14 gy i 0 835.5 LF U 9 75 LF 772 LF 0 c� Packet Pg. 1239 F.3.b SITE B: c� MM 96, Bayside Fence to be installed along property line adjacent to US HWY 1, as indicated by blue line in photo below; approximately 440 linear feet and must include a gate. 4- 0 U) r U 0 21 r o M cN cN c� 0 U c� c� Packet Pg. 1240