Item C05BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2008 Division: Public Works
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person/Phone #: Joe Medallion/852-7161
AGENDA ITEM WORDING: Approval to award bid to and execute contract with Bob Hilson &
Co., Inc. for roof repair at the Spottswood Building, Plantation Key.
ITEM BACKGROUND: Six bids for Roof Repairs at the Spottswood Building were received and
opened on December 18, 2007. Staff recommends award of bid to the low bidder, Bob Hilson & Co.,
Inc. in the amount of $37,010.00. $35,000.00 was the estimated cost for this work.
PREVIOUS RELEVANT BOCC ACTION: The Board approved funding for this project in the
Capital Projects Plan as adopted at the final budget hearing held on September 21, 2007.
CONTRACT/AGREEMENT CHANGES: n/a -new contract.
STAFF RECOMMENDATIONS: Approval.
TOTAL COST: $37,010.00
COST TO COUNTY: same
BUDGETED: Yes X No
SOURCE OF FUNDS: Infrastructure Sales Tax
REVENUE PRODUCING: Yes _/No urc AMO NT PER MONTH Year
APPROVED BY: County Atty. Y /Pasing Risk Management M
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Bob Hilson & Co., Inc. Contract #
Contract Purpose/Description: Roof
Contract Manager: Beth Leto
(Name)
for BOCC meeting on: January 16, 2008
Effective Date:
Expiration Date:
ect at the
4560
(Ext.)
Plantation
Public Works - # 1
(Department/Stop #)
Agenda Deadline: January 2, 2008
CONTRACT COSTS
Total Dollar Value of Contract: $37,010
Budgeted? Yes® No ❑
Grant: $
County Match: $
Estimated Ongoing Costs: _
(Not included in dollar value above)
Current Year Portion: $37,010.00
Account Codes: 304-24000-
560620- CG0503-530340
ADDITIONAL COSTS
For:
(e.g., maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Elate, In Needed
Division Director 11110 Yes❑ No[]/'
Risk Manage ent Yes❑ No�
O.M.B./Purchasing (-a - Yes❑ Nop,
County Attorney l v7 Yes❑ Nokfl
vents roan xevised 2121/01 MCP #2
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1
AGREEMENT
THIS AGREEMENT, ("Agreement") made and entered into this day of
, 2008, by and between MONROE COUNTY, FLORIDA , ('County'), 1100
Simonton Street, Key West, Florida, and Bob Hilson & Co., Inc. ("Contractor") whose address
is 599 W. Mowry Dr., Homestead, FL 33030
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 this Agreement, the Request for Bid 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 — Roof repair at the Monroe County Spotswood Station, 88770
Overseas Highway, Plantation Key, Florida.
3.1.1 Remove all existing roofing materials (approximately 3200 sq. ft.) any and all
flashings_ Legally dispose of off site.
3.1.2 All exposed concrete shall be sealed with MATRIX 307 Premium Asphalt Primer by
GAF or approved equal.
3.1.3 Furnish and install membrane roofing, by fully adhering a tapered roof insulation
system such as ENERGYGUARD Tapered Polyiso by GAF or approved equal
(providing a minimum of W per foot slope to existing roof drains) to the existing
concrete substrate. Apply GAFGLAS STRATAVENT ELIMINATOR base sheet,
GAFGLAS FLEXPLY 6 ply sheet and GAFGLAS MINERAL SURFACED CAP
SHEET by GAF or approved equal. Flashing sheet shall be GAF RUBEROID MOP
with white granular surface by GAF or approved equal. All applications and
materials used shall be per recommended roofing system manufacturer approved
procedures.
3.1.4 The authorized roofing contractor shall be responsible for providing a suitable
substrate for the proper installation of the tapered insulation and 3 ply membrane
roofing system including all required auxiliary materials such as wall flashing,
counter flashing, cantstrips and the flashing of all protrusions through or attached
to the roof such as equipment supports, pipes, vents and stacks. Any
unsatisfactory substrate shall be removed and replaced with appropriate and/or
compatible material. Repair any depressions, irregularities and/or excessive
deflection with compatible material.
3.1.5 Factory coated steel fasteners and metal or plastic plates designed for fastening
roofing membrane components to substrate shall be installed per manufacturer
recommendations, tested for required pullout strength and acceptable to the
roofing system manufacturer. Heat weld a 6-inch wide 45-mil cover strip of non -
fleece backed membrane to cover the fasteners.
3.1.6 The field membrane is to turn up the parapet wall over cantstrips and mechanically
fastened with a continuous termination bar, flashed and counter flashed and/or
fabricate and install a new perimeter metal wall cap flashing. All metal work shall
be of 24 gauge galvanized material.
3.1.7 Re -flash all roof penetrations including roof drains, vents and plumbing stacks per
manufacturer's specifications. Insure all roof drains are clear and fully operational
upon completion of the work.
3.2 Quality Assurance
3.2.1 GAF Roofing System or approved equal shall be installed only by a roofing
contractor classed as Master Select, Master or Authorized contractor, licensed
and authorized prior to proposal acceptance.
3.2.2 GAF Corporation or approved equal shall have trained contractor's key personnel.
3.2.3 GAF Roofing System or approved equal shall be installed in accordance with
current specifications and details as amended and/or authorized by GAF (or
approved equal) Technical Customer Services.
3.2.4 There shall be no deviations from approved specifications without prior written
approval by the owner and GAF (or approved equal) Technical Customer Services.
All components listed shall be provided by a single manufacturer or approved by
the primary roofing manufacturer.
3.2.5 Upon completion and certification by the contractor that a quality installation has
been completed in accordance with the approved specifications, a quality
assurance inspection of the roof system shall be performed by a Manufacturer's
Representative for acceptance and approval of appropriate warranty. All
application errors must be addressed and final punch list completed.
3.3 Submittals
3.3.1 The following information shall be submitted for review before warranty
consideration or acceptance can be confirmed.
A) Complete copy of authorized applicator's proposal outlining design
parameters.
B) Complete list of accessories or materials not manufactured or expressly
authorized for use in GAF (or approved equal) literature.
C) Dimensioned outline of the roof indicating all GAF (or approved equal) Detail
references.
D) Dimensioned shop drawings illustrating non -GAF (or approved equal)
details. Details that do not conform with standard GAF (or approved equal)
details shall be returned with appropriate recommendations.
3.3.2 Within ten days of the issuance of a Notice to Proceed, the authorized roofing
contractor shall submit to the owner's representative the following:
A) Most recent published applicable technical literature and specifications issued
by GAF or approved equal manufacturer.
B) Sample warranty and letter from GAF, or approved equal, authorizing the
roofing contractor.
C) Copy of roofing contractor's license and county occupational license.
D) Dimensioned shop drawings, including roof plan detailing perimeter
enhancement, flashing methods, terminations and acceptance by GAF or
approved equal manufacturer.
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E) Written approval from GAF or approved equal manufacturer confirming any
accessories submitted, not manufactured or expressly approved in GAF
literature are acceptable and compatible with the proposed GAF Roofing
System.
F) Material Safety Data Sheets relating to all products, chemicals and solvents.
G) Product Data Sheets for each type of product proposed for use.
H) Samples of insulation, fasteners and roll goods for quality verification.
1) Certification that the system specified complies with all applicable building
codes, manufacturer and insurance requirements.
3.4 Safety
3.4.1 Take all necessary precautions regarding worker health and safety when using
solvents and adhesives_
3.4.2 Store flammable liquid and materials away from open sparks, flames and extreme
heat.
3.4.3 Take necessary precautions when using solvents and adhesives near fresh air
intakes.
3.4.4 Comply with all OSHA requirements for construction.
3.4.5 Daily site cleanup shall be performed to minimize debris and hazardous
congestion.
3.4.6 Protect building walls, rooftop units, windows and other components during
installation.
3.4.7 Comply with local EPA requirements as published by Local, State and Federal
authorities.
3.4.8 All construction debris shall be removed from the construction site and legally
disposed off site.
3.5 Warranty and Inspections
3.5.1 Upon completion, a standard warranty shall be provided to the building owner
protecting against the cost of repairing leaks as a direct result of either defects in
the membrane or the workmanship involved in this installation for a period of ten
(10) years. Any cost associated with this warranty shall be included within the
proposal amount.
3.5.2 Upon completion, the authorized roofing contractor shall complete and submit a
Project Completion Notice to GAF or approved equal manufacturer.
3.5.3 Upon receipt of the notice of completion, a manufacturer's Technical Customer
Service Representative will schedule an inspection with a representative of the
authorized contractor and building owner to thoroughly review the installation and
verify compliance with manufacturer specifications.
3.5.4 Any corrections or modifications necessary for compliance with the specifications
and acceptance for warranty (punch list) will be noted on the Final Inspection for
Warranty Form.
3.5.5 Upon completion of all punch list items and final acceptance of the installation, a
warranty will be issued in accordance with the GAF Corporation, or approved
equal, pre -approved project specifications and Warranty Request Form.
3.5.6 The authorized roofing contractor shall be responsible for obtaining a building
permit from the Village of Islamorada and complying with all permit requirements.
Any costs associated with obtaining this permit shall be included within the
proposal amount.
3.6 Payment
3.6.1 Upon substantial completion, the acceptable submission of any required Release of
Liens and a successful final inspection by the Village of Islamorada Building
Department, 90% of the Contract amount will be processed.
3.6.2 Upon final completion of which entails receipt by the owner of an acceptable
warranty issued by GAF Corporation, or approved equal, completion of all punch
list items and the acceptable submission of any required Final Release of Liens,
the remaining 10% of the Contract amount will be processed.
3.7 Milestone Schedule
3.7.1 Mobilization on site and commencement of work is to occur no later than thirty
days after a Notice to Proceed is issued by the Owner. Substantial completion is
to be achieved no later than forty-five days after commencement of work.
3.7.2 Within ten days of a Notice to Proceed, the Contractor is to submit a construction
schedule for approval, showing submittal review and approvals, material lead time,
commencement of work, substantial completion and final completion in compliance
with Paragraph 3.7.1 above.
THE CONTRACTOR WILL COORDINATE ALL WORK WITH THE PUBLIC WORKS UPPER
KEYS OPERATIONS DIRECTOR OR HIS REPRESENTATIVE.
4. THE CONTRACT AMOUNT
A. The Owner shall pay the Contractor in current funds for the Contractor's performance
of the Contract the contract sum of Thirty Seven Thousand Ten and 001100 Dollars
($37,010.00).
B. 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. 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.
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6. HOLD HARMLESS
The Contractor covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
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 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 or lost revenue resulting from such delay.
The first ten dollars ($10A0) 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.
7. 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 his/her employees, contractors, servants, or agents to be employees
of the Board of County Commissioners for Monroe County.
8. 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.
9. 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.
5
10. 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.
11. 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 $500,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be: $250,000 per
person; $500,000 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 48 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 $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.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE
NAMED AS ADDITIONAL INSURED.
C. Workers Compensation — limits sufficient to respond to Florida Statute 440.
M
12.
13.
In addition, the Contractor shall obtain Employers' Liability Insurance with limits of
not less than:
$500,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$500,000 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 financial
statements from the fund upon request from the County.
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.
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, Upper Keys Operations
Monroe County Public Works AND
88770 Overseas Highway
Tavernier, FL 33070
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR
OR REPRESENTATIVE AT JOBSITE
FOREMAN
7
Notice shall be deemed received when hand delivered or when deemed undeliverable
by the U.S. Postal Service.
14. 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.
15. 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.
16. 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.
17. 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.
18. 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.
19. 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.
20. 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.
21. 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.
22. 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 1 concerning cancellation.
23. 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
E
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.
24. 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 VI11 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 Note 0, 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. Monroe County Code Ch. 13, Art. V1, 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.
25. 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.
26. CODE OF ETHICS
County agrees that officers and employees of the County recognize and will be required
to comply with the standards of conduct for public officers and employees as delineated
in Section 112.313, Florida Statues, regarding, but not limited to, solicitation or
acceptance of gifts; doing business with one's agency; unauthorized compensation;
10
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
27. 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.
28. 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
subject 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.
29. 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.
30. 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.
31. LEGAL OBLIGATIONS AND RESPONSIBILITIES AND NON -DELEGATION OF
CONSTITUTIONAL OR STATUTORY DUTIES
This Agreement is not intended to, nor shalt 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
11
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.
32. 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.
33. 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.
34. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and 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.
35. 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.
36. 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.
37. PUBLIC ENTITY CRIME INFORMATION STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a Construction Manager, supplier, subcontractor, or consultant under a contract with any
12
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287,017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list.
38. CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Monroe County Board of County Commissioners.
39. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County, therefore,
this agreement is not to be construed against either party on the basis of authorship.
40. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
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
By:
Deputy Clerk
Date:
(SEAL)
Attest:
By:
Title:
By:
WITNESS
Title: cap-,eo f- G E
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
M
Mayor/Chairman
CONTRACTOR
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sy: l
Title:
Date: .1 — Z zy c?
MONROE COUNTY ATTORNEY
APPROV D S�TTOFORM:
HRISTINE M. LIMBERT-BARROWS
ASSISTANT COUNTY ATTORNEY
13 Date J94311Z57