Item C22
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: August 19,2009
Division:
Public Works
Bulk Item: Yes ~
No
Department: Facilities Maintenance
Staff Contact Person: Bob Stone/289-6036
AGENDA ITEM WORDING: Approval to award bid and execute contract to Curran Taylor, Inc. for
Convection Steamers for the Monroe County Detention Center on Stock Island.
ITEM BACKGROUND: On July 1, 2009, three bids were received for this project. Due to not
providing required information per the Instruction to Bidders, two of the bids are incomplete and
therefore non-conforming. The required information, along with other issues, that was not provided by
these two bids are Tab I, which provides general information of the firm along with customer and
credit references; Tab 2 - Relevant experience; Tab 3 - Past performance and Tab 4 of which provides
litigation information. The apparent low bidder was one of the bidders that provided an incomplete,
non-conforming bid. Of the bids received, Curran Taylor, Inc. is the lowest, conforming, responsible
bidder. $32,000.00 is the established budgeted for this project.
PREVIOUS RELEV AN BOCC ACTION: This project is included and identified within the
Public Works budget that w approved by the BOCC on September 29,2008.
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS: Approval as stated above
TOTAL COST:
$29,430
BUDGETED: Yes ~ No
COST TO COUNTY: same
SOURCE OF FUNDS: ad-valorem
REVENUE PRODUCING: Yes -:- No lL AVT PER MONTH~ ~ear ~
APPROVED BY: County Atty. ~ ~urChaSing ~ Risk Managemen(i\~
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
DATE:
JULY 6,2009
TO:
FROM:
RE:
DENT PIERCE, PUBLIC WORKS DIVISION DIRECTOR
BOB STONE, MIDDLE KEY OPERATIONS DIRECTOR
CONVECTION STEAMERS - MCDC
Three bids were received on July 1, 2009 for the Convection Steamers -
MCDC, as follows:
Edward Don & Company
$31,350.00
$29,430.00
$29,298.00
Curran Taylor, Inc.
Design Furnishings Equipment
Due to not providing required information per the Instruction to Bidders,
two of the bids are incomplete and therefore non-conforming. The
required information, along with other issues, that was not provided
by these two bids was Tab 1, which provides general information of
the firm along with customer and credit references; Tab 2 - Relevant
experience; Tab 3 - Past performance and Tab 4 of which provides
litigation information. Designs Fumishings Equipment was one of the
bidders that provided an incomplete, non-conforming bid.
Of the bids received, Curran Taylor, Inc. is the lowest, conforming,
responsible bidder. Therefore, it is recommended that Curran Taylor,
Inc. be awarded the referenced contract. The established budget for
this project is $32,000.00.
If there are any questions or more information is desired, please do not
hesitate to contact this office.
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Curran Taylor, Inc. Contract #PWD 182-183-2009
Effective Date: August 19, 2009
Expiration Date: Final Payment
Contract PurposelDescription:
Convection Steanlers - MCDC
Contract Manager: Bob Stone 6077/3995 Facilities - 9 or 16
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 8/19/09 Agenda Deadline: 8/04/09
CONTRACT COSTS
Total Dollar Value of Contract: $ 29,430.00
Budgeted? Yes[2J No D Account Codes:
Grant: $ N/ A
County Match: $ N/ A
Current Year Portion: $ 29,430.00
101-20505-560640-_-_
- - - -
-----
- - - -
-----
- - - -
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Estimated Ongoing Costs: $100/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: Maintenance
(eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Comments:
Date Out
7at/~n
Division Director 1? l q
Risk Mana~,ment 121itl
1Uu... ~ ~'0 l-d;7-tJ~
O,M.B./Purchasmg
County Attorney .,2)01 YesD No~
1 51 oq
OMB Form Revised 2/27/01 Mep #2
"'.
AGREEMENT
THIS AGREEMENT, ("Agreement") made and entered into this 19th day of August, 2009,
by and between MONROE COUNTY, FLORIDA, ("County"), 1100 Whitehead Street,
Key West, Florida, and CURRAN TAYLOR, INC. ("Contractor") whose address is 3906
Mercantile Ave., Naples, FL 34104
WITNESSETH:
The parties hereto, for the consideration hereinafter set forth, mutually agree as follows:
1. THE CONTRACT
The contract between the County and the Contractor, of which this Agreement is a
part, consists of the contract documents, as specified in paragraph 2.
2. THE CONTRACT DOCUMENTS
The contract documents consist of the Agreement, the Request for Bid, the
Specifications, all Change Orders and any addenda, the Contractor's Bid
documents, any other amendments hereto executed by the parties, together with
the required County documents furnished as part of the Bid or required to be
furnished by the BID, and all required insurance documentation.
3. SCOPE OF THE WORK - Convection Steamers - MCDC - Monroe County
Detention Center, 5100 College Road, Key West, Florida 33040.
A. The Contractor shall perform all of the work required, implied or reasonably
inferable from this agreement. The term "work" shall mean whatever is done by
or required of the contractor to perform and complete its duties under this
agreement, including the following: construction of the whole or a designated part
of the project; furnishing of any required surety bonds and insurance; and the
provision or furnishing of labor, supervision, services, material, supplies,
equipment, fixtures, appliances, facilities, tools, transportation, storage, power,
the payment of any applicable sales and use taxes; procurement and payment of
any required permits from local, state or Federal authorities having jurisdiction,
royalties and product license fees; fuel, heat, light, cooling, and all other utilities
as required by this contract. The work is to not disrupt or jeopardize jail
operations. Contractor is to abide by all security rules and regulations The work
to be performed by the contractor is generally described as follows:
B. Supply and deliver, in good order, to the loading dock of the Monroe County
Detention Center two (2) gas-fired convection steamer ovens. Delivery is to be
scheduled prior to September 29, 2009. All costs for transportation, freight and
delivery are to be included in Contractor's price.
1. PRODUCT:
a. Two compartment, pressureless 200M BTU gas fired steam
generator convection oven Model No. 24-CGM-200 as
manufactured by Cleveland Range or approved equal.
b. Cooking capacity, per compartment, for up to six 12" X 20" X 2
12" deep Cafeteria Pans
c. Instant steam standby mode
d. 14 gauge stainless steel door and steam cooking cavity
construction
e. High efficiency gas steam generator with "Nickel Guard"
f. Automatic generator drain at shutdown
g. Automatic generator mineral purging cycle
h. Automatic water level control system with primary and
secondary (CALG) low water power cut-off circuit
1. Steam generator is to be equipped with high limit pressure safety
switch, 15 psi safety valve, and steam generator pressure gauge
J. NSF certified 6" stainless steel legs
k. Gas pressure regulator and control valve
1. Control voltage to be 115 volts, 60Hz, single phase
m. Oven is to include the optional Prison Package consisting of
locking inner slides, stainless steel box covering outside controls
and countersunk tamper proof screws with screwdriver
n. Each oven is to be provided with a "Kleensteam" II, #9797-21
water filter assembly including one CV cartridge, one AR-I0
filter cartridge, dip tube, ScaleKleen 2.2-lb packet with wall
mounting bracket and gauge assembly
2. SUBMITTALS - Owner review and approval is required for the
following submittals. When submittals are marked approved by the
Owner, that part of the work covered by the submittal may proceed
provided it complies with requirements of the Contract Documents;
final acceptance will depend upon that compliance. Allow sufficient
review time so that installation will not be delayed because of the
time required to process submittals, including time for re-submittals.
Allow two weeks for initial review. Four copies will be required for
each submission. One copy will be returned to the Contractor with
appropriate comments.
a. Product Data: Submit product data fully describing all features
and attributes along with all options that are to be provided for
the specific ovens being proposed.
4. THE CONTRACT AMOUNT
A. The Owner shall pay the Contractor in current funds for the Contractor's
performance of the Contract per Paragraph 4.B of which follows, the Contract
sum of Twenty Nine Thousand Four Hundred Thirty /100 Dollars ($ 29,430.00).
B. This paragraph specifies administrative and procedural requirements
necessary to prepare and process Applications for Payment.
1. Application for Payment: When final delivery is accepted by the
owner, the vendor shall invoice the County for full and final payment.
A. The owner may decline to make payment, may withhold funds,
and if necessary, may demand the return of some or all of the
amounts previously paid to the contractor, to protect the owner from
loss because of:
1. defective work not remedied by the contractor nor, in the
opinion of the owner, likely to be remedied by the contractor;
2. claims of third parties against the owner or the owner's
property;
3. failure by the contractor to pay subcontractors or others in a
prompt and proper fashion;
4. evidence that the balance of the work cannot be completed in
accordance with the contract for the unpaid balance of the contract
pnce;
5. persistent failure to carry out the work in accordance with the
contract;
6. damage to the owner or a third party to whom the owner is, or
may be, liable.
In the event that the owner makes written demand upon the
contractor for amounts previously paid by the owner as contemplated
in this subparagraph, the contractor shall promptly comply with such
demand.
2. Acceptance of final payment by the contractor shall constitute a waiver
of all claims against the owner by the contractor except for those claims
previously made in writing against the owner by the contractor, pending at
the time of final payment, and identified in writing by the contractor as
unsettled at the time of its request for final payment.
C. Final payment, constituting the entire unpaid balance of the Contract Amount,
shall be made by the Owner to the Contractor when the Contract has been fully
performed by the Contractor.
5. WARRANTY
A. The contractor warrants to the owner that all labor furnished to progress
the work under this contract will be competent to perform the tasks undertaken,
that the product of such labor will yield only first-class results, that materials and
equipment furnished will be of good quality and new unless otherwise permitted
by the contract, and that the work will be of good quality, free from faults and
defects and in strict conformance with the contract and warrant same for a period
of one year commencing at final completion. This one-year warranty is inclusive
of all labor, transportation, equipment and material cost with no cost to the
owner and is in addition to any Manufactures standard warranties. All work not
conforming to these requirements may be considered defective.
6. CHANGES IN THE WORK
A. Changes in the work within the general scope of this contract, consisting
of additions, deletions, revisions, or any combination thereof, may be ordered
without invalidating this agreement, by change order or by field order.
B. Change order shall mean a written order to the contractor executed by the
owner, issued after execution of this agreement, authorizing and directing a
change in the work or an adjustment in the contract price or the contract time, or
any combination thereof. The contract price and the contract time may be
changed only by change order.
C. Any change in the contract price resulting from a change order shall be
determined as follows: (a) by mutual agreement between the owner and the
contractor as evidenced by (1) the change in the contract price being set forth in
the change order, (2) such change in the contract price, together with any
conditions or requirements related thereof, being initialed by both parties and (3)
the contractor's execution of the change order, or (b) if no mutual agreement
occurs between the owner and the contractor, then the change in the contract
price, if any, shall then be determined by the owner on the basis of the
reasonable expenditures or savings of those performing, deleting or revising the
work attributable to the change, including, in the case of an increase or decrease
in the contract price, an allowance for direct job site overhead of 5%, and profit
5% will be utilized.
D. The execution of a change order by the contractor shall constitute
conclusive evidence of the contractor's agreement to the ordered changes in the
work, this agreement as thus amended, the contract price and the contract time.
The contractor, by executing the change order, waives and forever releases any
claim against the owner for additional time or compensation for matters relating
to or arising out of or resulting from the work included within or affected by the
executed change order.
7. CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A. This Agreement and the provision of the services at the location listed
have been fully considered by the Contractor, who understands the same and
agrees to their sufficiency and suitability. Under no circumstances, conditions, or
situations shall this Contract be more strongly construed against the County than
against the Contractor.
B. The passing, approval, and/or acceptance by the County of any of the
services furnished by the Contractor shall not operate as a waiver by the County
of strict compliance with the terms of this Contract, and specifications covering
the services. Failure on the part of the Contractor, immediately after Notice to
Correct shall entitle the County, if it sees fit, to correct the same and recover the
reasonable cost of such replacement and/or repair from the Contractor, who shall
in any event be jointly and severally liable to the County for all damage, loss,
and expense caused to the County by reason of the Contractor's breach of this
Contract and/or his failure to comply strictly and in all things with this Contract
and with the specifications.
8. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Momoe
County Board of County Commissioners from any and all claims for bodily injury
(including death), personal injury, and property damage (including property owned
by Momoe County) and any other losses, damages, and expenses (including
attorney's fees) which arise out of, in connection with, or by reason of services
provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned
by the negligence, errors, or other wrongful act of omission of the Contractor or its
Subcontractors in any tier, their employees, or agents.
In the event that the service is delayed or suspended because of the Contractor's
failure to purchase or maintain the required insurance, the Contractor shall
indemnify the County from any and all increased expenses or lost revenue
resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above. The extent of liability is in no way limited to,
reduced, or lessened by the insurance requirements contained elsewhere within
this agreement. The provisions of this section shall survive the expiration or
earlier termination of this agreement.
9. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an
independent contractor and not an employee of the Board of County
Commissioners for Monroe County. No statement contained in this agreement
shall be construed so as to find the Contractor or any of hislher employees,
contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County.
10. ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is
not job related, in its recruiting, hiring, promoting, terminating, or any other area
affecting employment under this agreement or with the provision of services or
goods under this agreement.
11. ASSIGNMENT/SUBCONTRACT
The Contractor shall not assign or subcontract its obligations under this agreement,
except in writing and with the prior written approval of the Board of County
Commissioners for 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 subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no
manner or event be deemed to impose any obligation upon the board in addition to
the total agreed-upon price of the services/goods of the Contractor and
compensation to County.
12. COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, the Contractor shall
abide by all statutes, ordinances, rules and regulation pertaining to, or regulating
the provisions of, such services, including those now in effect and hereinafter
adopted. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to
terminate this contract immediately upon delivery of written notice of termination
to the Contractor. The Contractor shall possess proper licenses to perform work in
accordance with these specifications throughout the term of this contract.
13. INSURANCE
Prior to execution of this agreement, and maintained throughout the life of the
contract, the Contractor shall furnish to the County Certificates of Insurance
indicating the minimum coverage limitation as listed below:
A. General Liability - include as a minimum:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
The minimum limits acceptable shall be $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per person; $300,000 per Occurrence; and $50,000 Property
Damage.
An Occurrence Form policy is preferred. If coverage is changed to or
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 12
months following the termination or expiration of the contract.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST
BE NAMED AS ADDITIONAL INSURED.
B. Vehicle Liability - include as a minimum:
· Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be $100,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$50,000 per Person; $100,000 per Occurrence; and $25,000 Property
Damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE
NAMED AS ADDITIONAL INSURED.
C. Workers Compensation -limits sufficient to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability Insurance with
limits of not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in the State of Florida and the company or companies must maintain
a minimum rating of A-VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by 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 Certificate of Insurance, providing
details on the Contractor's Excess Insurance Program.
If the Contractor participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the Contractor may be required to
submit updated [mancial statements from the fund upon request from the
County.
14. CONTRACTOR'S RESPONSIBILITY
The Contractor warrants that it is authorized by law to engage in the performance
of the activities encompassed herein, subject to the terms and conditions set forth
in these contract documents. Contractor shall at all times exercise independent
judgment and shall assume responsibility for the services to be provided.
15. 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
Director, Middle Keys Operations
Monroe County Facilities Maintenance
1 0600 Aviation Blvd.
Marathon, FL 33050
AND
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR
Daniel A. Curran
3906 Mercantile Avenue
Naples, Florida 34104
OR
REPRESENTATIVE AT JOB SITE
FOREMAN
Notice shall be deemed received when hand delivered, delivered by mail, or when
deemed undeliverable by the U.S. Postal Service.
16. CANCELLATION
A) In the event that the Contractor shall be found to be negligent in any
aspect of installation, stocking, maintenance, repair, or service, the County
shall have the right to terminate this agreement after five days written
notification to the Contractor.
B) This contract may be terminated for convenience by County upon ten (10)
days written notice to contractor delivered by hand or certified mail, return
receipt requested, of intent to terminate and the date on which such
termination becomes effective. Contractor shall cease work as directed. In
such case, Contractor shall be paid for all work executed and termination
expenses, and expenses incurred prior to termination. No payment shall
be made for profit for work, which has not been performed.
17. GOVERNING LAWS, VENUE, INTERPRETATION, COSTS, FEES
This Agreement shall be governed by and construed in accordance with the laws
of the State of Florida applicable to contracts made and to be performed entirely
in the State.
In the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and Contractor
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. This Agreement shall not be
subject to arbitration.
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.
18. RECORDKEEPING
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 party to this Agreement for public records purposes during the term
of the Agreement and for four years following the termination of this Agreement.
If an auditor employed by the County or Clerk determines that monies paid to
Contractor or not paid to County pursuant to this Agreement were spent for
purposes not authorized by this Agreement or wrongfully retained by Contractor,
the Contractor shall repay the monies together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the monies were to have been paid.
19. 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 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 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.
20. ATTORNEY'S FEES AND COSTS
The County and Contractor agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
entitled to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include
attorney's fees, court costs, investigative, and out-of-pocket expenses in appellate
proceedings.
21. 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.
22. 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 or individual action, as required by law.
23. 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 Bids, and funding solicitations shall
be approved by each party prior to submission.
24. 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 no resolution can be agreed upon within 30 days after the
first meet and confer session, the issue or issues shall be discussed at public
meeting of the Board of County Commissioners. If the issue or issues are still not
resolved to the satisfaction of the parties, then any party shall have the right to
seek such relief or remedy as may be provided by this Agreement or by Florida
law. This provision does not negate or waive the provisions of Paragraph 16
concerning cancellation.
25. COOPERATION
In the event any administrative or legal proceeding is instituted against either
party relating to the formation, execution, performance, or breach of this
Agreement, County and Contractor agree to participate, 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. County and Contractor specifically agree that no party to
this Agreement shall be required to enter into any arbitration proceedings related
to this Agreement.
26. NONDISCRIMINATION
County and Contractor 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. 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: 1) Title VI of the Civil
Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination
on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The
Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on
the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism
Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616) as amended,
relating to nondiscrimination on the basis of alcohol abuse or alcoholism;; 7) The
Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent
records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. 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. 1201 NoteO, as maybe
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of, this
Agreement. Momoe County Code Ch. 13, Art. VI, prohibiting discrimination on
the basis of race, color, sex, religion, disability, 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.
27. COVENANT OF NO INTEREST
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.
28. CODE OF ETIDCS
County agrees that officers and employees of the County recognize and will be
required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statues, 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.
29. 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 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.
30. PUBLIC ACCESS
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 subj ect to the provisions of Chapter 119, Florida Statues, 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 of this provision by Contractor.
31. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statues, the participation
of the County and the Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, 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 required to contain any provision for waiver.
32. PRIVILEGES AND IMMUNITIES
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 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 to the performance of such
functions and duties of such officers agents, volunteers, or employees outside the
territorial limits of the County.
33. LEGAL OBLIGATIONS AND RESPONSffiILITIES
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 and participating entity, in
which 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, and case law.
34. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of the
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 shall 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, or superior to the community in general or for the purposes
contemplated in this Agreement.
35. ATTESTATIONS
Contractor agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a
Drug-Free Workplace Statement.
36. 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 Momoe County in his or
her individual capacity, and no member, officer, agent or employee of Momoe
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.
37. 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 any of the parties hereto may execute this Agreement by
signing any such counterpart.
38. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience
of reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this
Agreement.
39. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Momoe County Board of County
Commissioners.
. ..~-
IN WITNESS WHEREOF, the parties 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, be deemed an original contract.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
(SEAL)
Attest:
~
By: (~
Timothy E. Curran
Title: Vice President
CONTRACTOR
Curran-Taylor, Inc.
By Q%a
David M. Curran
Title: President
-
By:
(!JJA/
. WITNESS
Date: July 15. 2009
Title: Controller
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDtNANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
DAVID M. CURRAN
(Company Officer/Partner /Individual)
warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former
County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or
emplovee 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 pnce, or otherwIse recover, the full amount of any fee,
commission, percentage. gift or consideration paId to the former County officer or emplovee"
--~~
(Signature)
Date: 6/22/09
STATE OF: PKNRSYLVAHIA
COUNTY OF' WA~T1!IG'TOH
Subscribed and sworn to (or affirmed) before me on
JUNE 22, 2009
(date) by DAVID II. CUIUtAIf
(name of affiant). He/She is personally
known to me or has produced
as
Identification. (type of identification)
~THOF Yl\WM
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....... CWIlW\ .....,....
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1\RY PUBLIC i .
/~y comm,,"O" e,p"." I O)/; ~ d_.,
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25
Convection Steamers - MCDC
NON-COLLUSION AFFIDAVIT
I. DAVID M. CURRAN of the city of CAHONSBURG~ PA
accordinq to law on my oath, and under penalty of perjury, depose and say that:
1. I am PRESIDKHT
of the firm of CURRAN TAYLOR~ INC.
making the Bid for the servicesJworkJproject described in the Request for
Bids for
CONVECTION STF.AKERS FOR MONROE COUNTY DETENTION CENTER
and that I executed the said BId with full authority to do so:
2, The prices In this bid/Bid have been arrived at independently without collusion.
consultation, communication or agreement for the purpose of restricting competition,
as to any matter relating to such pnces with any other bIdder or with any competitor.
3, Unless otherwise required by law, the prices and percentage of return which have
been quoted In this bid/Bid have not been knowingly disclosed by the responder and
wilt not knowingly be disclosed by the responder prior to bid/Bid opening, directly or
Indirectly. to any other bidder/responder or to any competitor.
4. No attempt has been made or will be made by the bidder/responder to Induce any
other person. partnership or corporation to submit. or not to submit, a bid/Bid for the
purpose of restricting competition.
S, 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 ' vit In awarding contr cts for the projecUservices/work
~~ ~ 6/22/09
( ignature of Bidder) (Date)
STATE OF:
PElUlSYLVABIA
COUNTY OF: WASBIMG'l'ON
PERSONALL Y APPEARED BEFORE ME, the undersigned authority, DAVID M. CURRAH
who. after first being sworn by me, (name of individual signing) affixed his/her signature in the
space prOVIded above on this, 2~JID day of JUNE 20 09 .
';~TH Of PENHSn.......
'***' ....
.lC'an ~. ~ IlIlllIIIyIllillllc
....",.. ~ 1'.... ......th~ c..,
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If
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26
Convection Steamers. MCDC
DRUG-FREE WORKPLACE FORM
The undersigned Contractor/bidder/responder In
hereby certifies that
.. .._f;UlUlAN TAYLOh IMC~..___.._......~_n
(Name of Business)
accordance wIth Florida Statute 287.087
PubHshes a statement notIfying employees that the unlawful manufacture, distnbutlon
OlspenSlng. possession. or use of a controlled substance is orohlblted 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 .mposed upon employees for
drug abuse violations.
3, Gives each employee engaged In providmg the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1 ).
4 In the statement speCified in subsection (1), notify the employees that. as a conditIon of
working on the commodities or contractual services that are under bid, the employee Will abide
by the terms of the statement and will notlfy the employer of any conviction of, or plea of guilty
or nolo contendere to. any violation of Chapter 893 (Flol!da Statutes) or of any contro!!ed
substance law of the United States or any state. for a v:olatton occurring In the workplace no
later than five (5) days after such conviction
5 Imposes a sanction on, or reqUires the satisfactory partlclpatlon In a drug abuse assistance
or rehabilitation program If such is available In the employee's community, or 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.
As the person authonzed to sign the statement I certify that this firm complies fully with the
above reqUirements
/.............\ (')... /--)
~LY/~
Bldder's Signature
6/22109
Date
I~THOFP&fN5YLl
L .........
.... II CwlwI. ~,....
NMl...... r... WaIII1t~ c...,
. ~eo.~J _l-Ie.-o.. ,. 2m
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I tM."'i:'ll'r""r...... ....}OCI~ ot~- --
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NOT AR)"
/
/ /
/
My Commission Expires:
I ;;/1 f'!1 r
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Convect,on Steamers - MCDC
ACORD", CERTIFICATE OF LIABILITY INSURANCE I DATE (MMIDDNYYY)
07/13/2009
PRODUCER (412)655-1717 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
KELBRO Insurance Services, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
51 Clalrton Blvd HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Pittsburgh PA 15236 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Maryland Casualty
CURRAN-TAYLOR, INC.
Attn: Ed Ashton INSURER B: Zurich
300 Houston Square INSURER C:
Canonsburg, PA 15317
INSURER 0:
I INSURER E:
COVERAGES
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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
'~i: ~~i POLICY NUMBER ~H~Y EFFECTIVE pg~!f"Y EXPIRATION LIMITS
GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000,
A ~ PPS31951909 10/1/2008 10/1/2009 ~~~~~~ ytl::N It::U 1,000,000
X COMMERCIAL GENERAL LIABILITY $
I CLAIMS MADE ~ OCCUR MED EXP (Anyone person) $ 10,000
PERSONAL & ADV INJURY $ 1.000,000
- 2,000,000
GENERAL AGGREGATE $
- 2,000.000
~'LAGGRnTE LIMIT AFlS PER: PRODUCTS-COM~OPAGG $
POLICY ~fR,: LOC
A ~TOMOBILE LIABILITY PPS31951909 10/1/2008 10/1/2009 COMBINED SINGLE LIMIT $ 1,000,000
~ ANY AUTO (Ea accident)
7 ALL OWNED AUTOS BODILY INJURY
(Per person) $
SCHEDULED AUTOS
7 HIRED AUTOS
X BODILY INJURY $
NON.QWNED AUTOS (Per accident)
-
PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
iJESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 9,000,000
A X OCCUR D CLAIMS MADE PPS31951909 10/1/2008 10/1/2009 9,000.000
AGGREGATE $
$
~ DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND WC3882623706 10/1/2008 10/1/2009 I T~~ilf;1#s I 10J~-
B EMPLOYERS' LIABILITY 500,000
ANY PROPRIETOR/PARTNER/EXECUTIVE E.l. EACH ACCIDENT $
OFFICERlMEMBER EXCLUDED? E.l. DISEASE - EA EMPLOYEE $ 500,000
~,~~Mf~'1)J1s7~NS below E.l. DISEASE - POLICY LIMIT $ 500,000
OTHER
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
Certificate Holder to also be named an Additional Insured as their interest may appear.
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN
Monroe County Board of County Commissioners NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
1100 Simonton Street IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
Key West. FL 33040
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE -
~~~
I
ACORD 25 (2001/08)
@ ACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)