Item D25
BOARD OF COUNTY COMMISSIONERS
AGENDAITEMS~RY
Meeting Date: December 20, 2006
Division:
Public Works
Bulk Item: Yes ~ No
Department: Facilities Maintenance
Staff Contact Person: Bob Stone
AGENDA ITEM WORDING: Approval to award bid and execute contract with D & J Industries Etc.
Inc. for roof repair at the Monroe County Detention Facility on Stock Island that was damaged due to
Hurricane Wilma
ITEM BACKGROUND: Three bids for the Roof Repair at the Monroe County Detention Center were
received and opened on November 8, 2006. The low bid of $46,300.00 was provided by D & J
Industries Etc. Inc. Bob Hilson & Company provided a bid of $81,447.00 and Decktight Roofing
Services provided a bid of$118,200,OO. $50,000.00 was the estimated cost for this work.
PREVIOUS RELEVANT BOCC ACTION: At the May 16, 2006 Board of County Commissioners
meeting, approval was received to advertise for sealed bids to repair the roof at the Monroe County
Detention Facility. At the August 16, 2006 Board of County Commissioners meeting, approval was
provided to reject two bids that were received and to re-bid this work
CONTRACT/AGREEMENTCHANGES: NM
STAFF RECOMMENDATIONS: Approval as stated above
TOTAL COST:
$46,300.00
BUDGETED: Yes --X- No
COST TO COUNTY:
$5,788.00
SOURCE OF FUNDS: Hurricane Wilma
REVENUE PRODUCING: Yes;;: No.L AMOUNT PER MONTH Year
APPROVED BY: County Atty.~ O~/Purchasing _ Risk Management 11b:
''G>I-OW
DOCUMENTATION:
Included X
Not Required_
DISPOSITION:
AGENDA ITEM #
MEMORANDUM
DATE:
NOVEMBER 21, 2006
TO:
FROM:
RE:
DENT PIERCE, PUBLIC WORKS DIVISION DIRECTOR
BOB STONE, MIDDLE KEY OPERATIONS DIRECTOR-i7?
MCDC - HURRICANE WILMA ROOF DAMAGE REPAIR
Three bids were received on November 8, 2006 for roof repair at the
Monroe County Detention Center. Following are the results:
D & J Industries, Etc. Inc.
$46,300.00
$81,447.00
$118,200.00
Bob Hilson & Company
Decktight Roofing Services, Inc.
All bids were considered responsive and after a bid clarification
conference with the low bidder, I consider him the lowest, responsive,
responsible bidder. Therefore, award of bid and execution of contract
to D & J Industries, Etc. Inc. is recommended.
If there are any questions or more information is desired, please do not
hesitate to contact this office.
NOV 2 2
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: D & J Industries Etc. Inc. Contract #_
Effective Date: December 20, 2006
Expiration Date: Final Payment
Contract Purpose/Description:
Roof repair at the Monroe County Detention Center on Stock Island that was damaged
durinQ Hurricane Wilma
Contract Manager: Bob Stone 6077/3995 Facilities - 9 or 16
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 12/20/06 Agenda Deadline: 12/05/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 46,300.00
Budgeted? YesISJ No 0 Account Codes:
Grant: $ 40,512.00
County Match: $ 5,788.00
Current Year Portion: $ 46,300.00
0459105-560630-_-_-_
101-20505-560630-_ __
- - - -
-----
Estimated Ongoing Costs: $100/yr
(Not included in dollar value above)
ADDITIONAL COSTS
For: Maintenance
(eg. maintenance, utilities, janitorial, salaries, etc.)
- - - -
-----
CONTRACT REVIEW
Division Director
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County Attorney
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AGREEMENT
THIS AGREEMENT, ("Agreement") made and entered into this 20TH day of December,
2006, by and between MONROE COUNTY, FLORIDA, ("County"), 1100 Whitehead
Street, Key West, Florida, and D & J Industries Etc. Inc. ("Contractor") whose address is
P.O. Box 430674, Big Pine Key, Florida 33043.
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 fumished
by the BID, and all required insurance documentation.
3. SCOPE OF THE WORK - Roof repair at the Monroe County Detention
Center, 5501 College Road, Key West, Florida
3.1.1 Remove all temporary roofing materials (approximately 5000 sq.ft.),
any existing FiberTite membrane as necessary to provide for a
watertight tie-in and all flashings. Legally dispose of off site.
3.1.2 All exposed lightweight "insulating" concrete shall be sealed with a
PV A sealer.
3.1.3 Furnish and install membrane roofing, by fully adhering a FiberTite-
EB, E.I.P. Roofing System as manufactured and supplied by:
Seaman Corporation, 1000 Venture Blvd., Wooster Ohio 44691,
Telephone:1-800-927-8578. Membrane is to be 80-mil FTR 8175 FB
membrane of the FiberTite Fleece Back membrane and to be fully
adhered to the existing lightweight concrete.
3.1.4 The authorized roofing contractor shall be responsible for providing a
suitable substrate for the proper installation of the FiberTite-FB
membrane. Any unsatisfactory lightweight concrete 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 Three rows of FiberTite NTB-1 H fasteners (or approved equal) is to
be installed through the FiberTite membrane into the lightweight
concrete. No penetration is to be made into the structural concrete
deck. Spacing is to be 36 inches from the perimeter, 72 inches from
the perimeter and 120 inches from the perimeter at 12 inches on
center. 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 run up the parapet wall and mechanically
fastened with a continuous termination bar. Apply two-sided
adhesive to the entire wall surfaces. Weld non-fleece back .045-inch
FiberTite-SM membrane flashing to entire wall surface, covering the
termination bar. Fabricate and install a new perimeter FiberClad
Metal drip edge flashing utilizing the existing flashing as a cleat
3.1.7 Re-flash or secure all roof penetrations including roof drains, roof
hatch, vents and plumbing stacks per manufacturer's specifications.
3.2 Quality Assurance
3.2.1 FiberTite-FB Roofing System shall be installed only by a roofing
contractor, authorized by Seaman Corporation prior to proposal
acceptance.
3.2.2 Seaman Corporation shall have trained contractor's key personnel.
3.2.3 FiberTite-FB Roofing System shall be installed in accordance with
current specifications and details as amended and/or authorized by
FiberTite Technical Customer Services.
3.2.4 There shall be no deviations from approved specifications or shop
drawings without prior written approval by the owner and FiberTite
Technical Customer Services.
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 FiberTite Technical Customer Services for
acceptance and approval of appropriate warranty.
3.3 Submittals
3.3.1 The following information shall be submitted to FiberTite Technical
Customer Services 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 FiberTite literature.
C) Dimensioned outline of the roof indicating all FTR-Detail
references.
D) Dimensioned shop drawings illustrating non-FiberTite details.
Details that do not conform with standard FlberTite 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 technical literature and specifications
issued by FiberTite Technical Customer Services.
B) Sample warranty and letter from Seaman, authorizing the roofing
contractor.
C) Roofing contractor's approved copy of submittal form FTR-WRF.
D) Dimensioned shop drawings, including roof plan detailing
perimeter enhancement, flashing methods, terminations and
acceptance by FiberTite Technical Customer Services.
E) Written approval from FiberTite Technical Customer Services
confirming any accessories submitted, not manufactured or
expressly approved in FiberTite literature are acceptable and
compatible with the proposed FiberTite-FB Roofing System.
F) Material Safety Data Sheets relating to all products, chemicals
and solvents.
G) Certification that the system specified complies with all applicable
building code 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 twenty (20) 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 the FiberTite Project Completion Notice to FiberTite
Technical Customer Services.
3.5.3 Upon receipt of the notice of completion, a FiberTite 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 Seaman
Corporation 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 Seaman
Corporation 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 City of Key West 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
City of Key West 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 Seaman Corporation, 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 sixty 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 MIDDLE KEYS OPERATIONS DIRECTOR OR HIS
REPRESENTATIVE.
SPECIAL NOTE: THIS IS A JAIL FACILITY. DUE TO THE NATURE OF USE
OF TillS FACILITY, CERTAIN ACTIVITIES WILL REQUIRE STRICT
SCHEDULING. SOME WORK MAY BE REQUIRED ON WEEKENDS AND
EVENINGS.
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 Forty-Six Thousand Three
Hundred & 00/100 Dollars ($ 46,300.00).
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 CONDmONS
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.
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 ($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.
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.
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 rrummum 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.
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.
12. CONTRACTOR'S RESPONSmILITY
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.
13. 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
5501 College Road
Key West, FL 33040
AND
Monroe County Administrator
1100 Simonton Street
Key West, FL 33040
FOR CONTRACTOR
OR
REPRESENTATIVE AT JOBSITE
David W. Schlapper
P.O. Box 430674
Big Pine Key, FI 33043
To Be Determined
Notice shall be deemed received when hand delivered or when deemed
undeliverable by the U.S. Postal SelVice.
14. CANCELLA TION
A) In the event that the Contractor shall be found to be negligent in any
aspect of installation, stocking, maintenance, repair, or selVice, 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. ADJUDICA TION 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 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 VITI 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. Monroe 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.
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; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
27. NO SOLICITATIONIPAYMENT
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
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.
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. 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.
Remainder of page intentionally left blank
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:
Deputy Clerk
By:
(SEAL)
Attest:
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