Item C42 C42
BOARD OF COUNTY COMMISSIONERS
COUNTY of MONROE �� i Mayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K.Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
' David Rice,District 4
Board of County Commissioners Meeting
July 17, 2024
Agenda Item Number: C42
2023-2644
BULK ITEM: Yes DEPARTMENT: Project Management
TIME APPROXIMATE: STAFF CONTACT: Cary Vick
n/a
AGENDA ITEM WORDING: Approval of an Agreement with Quick Painting Group Corp in the
amount of$240,000.00, who was the lowest, responsible, responsive bidder for the Monroe County
Detention Center Stock Island Stucco Repairs project. This project is funded by the Infrastructure Sales
Tax (Fund 304).
ITEM BACKGROUND:
The Monroe County Detention Center Building on Stock Island is over 30 years old and in need of
many various repairs including the exterior stucco.
A Request for Proposals for exterior stucco repairs of the Monroe County Detention Center on Stock
Island was advertised in May 2024. Five (5)bid proposals were received on June 12, 2024.
Staff is requesting approval to award a contract to Quick Painting Group Corp., which was the lowest
responsible, responsive bidder.
PREVIOUS RELEVANT BOCC ACTION:
N/A
INSURANCE REQUIRED:
Yes
CONTRACT/AGREEMENT CHANGES:
n/a
2144
STAFF RECOMMENDATION: Approval of Agreement
DOCUMENTATION:
Bid Tab—Stucco—6.12.24.pdf
Cty forms.pdf
Agreement—MCDC Stucco_Quick Painting Grp_signed.pdf
FINANCIAL IMPACT:
304-26011
C01 to be provided upon contract approval
2145
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SECTION 00120
NON-COLLUSION AFFIDAVIT
1,Andres Sanchez of the city Dora I
according to law on my oath, and under penalty of perjury, depose and say that:
1 1 am President
of the firm of Quick Painting Group
the proposer making the Proposal for the project described in the notice for calling for
proposals for:
VCCDC Stock Island Stucco Repairs
and that I executed the said proposal with full authority to do so;
2. The prices in this proposal have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting competition, as
to any matter relating to such prices with any other proposer or with any competitor; and
3. Unless otherwise required by law, the prices which have been quoted in this proposal
have not been knowingly disclosed by the proposer and will not knowingly be disclosed
by the proposer prior to proposal opening, directly or indirectly, to any other proposer or
to any competitor; and
4. No attempt has een made or will be made by the proposer to induce any other person,
tempt has '
partnership or,//"' rporation to submit, or not to submit, a proposal for the purpose of
��'b t
t 0
restricting cop) titian; and
restricting
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t t /1
5. The state, e s contained in this affidavit are true and correct, and made with full
knowled 0 said project.
0117
06/11/2,024
i Xat of Proposer) (Date)
ST7A OF: Florida
C
C UNTY OF: Miami-Dade
Subscribed and sworn to (or affirmed) before me, by means of S� physical presence or r-1 online
notarization, on 06/11/2024 (date)
by Andres Sanchez Inam of affiant). He/She is personally
known to me or has produced FL Driver License (type of identification) as
identification.
N*t
�001 P Notary Public State of Flonda
Daniel=Sanchez
is
("on H H 06463
;1,
MY COMMISSion HH 064637 NOTARY PUB C
11�, Expires 11/17/2024
Sion ex Tres: 11/1//2024
PROPOSAL FORM 00120- Page 28 of 241
2147
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
,,-Quick Painting Group it
(Company)
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 employee 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 contract without liability
and may also, in its discretion, deduct from the contract or chase price, or otherwise recover,
the full amount of any fee, commission, percentage, gi , r consideration paid to the former
County officer or employee".
............
t6re)
contract�p
p
percentage,
g r
STATE OF: Florida 7ate: 06/11/2024
COUNTY OF: Miami-Dade
Subscribed and sworn to (or affirmed) before me, by means of V physical presence or R online
notarization, on 06/11/2024 , (date)
by Andres Sanchez (name of affiant). He/She is personally
known to me or has produced FL Driver License (type of identification) as
identification.
Notary Public State of Florida
Daniel Sanchez
My Commission HH 064637 NOTARY Pyk
Expires 1 1 11 7/2024
My com", ssion liwires: 111/17/2024
PROPOSAL FORM 00120- Page 29 of 241
2148
DRUG-FREE WORKPLACE FORM
The undersigned vendorinaocordanoe with Florida Statute Section 287.OB7 hereby certifies that:
Quick Painting Group
(Name ufBusiness)
1. Publishes u statement notifying employees that the unlawful manufacture, distribution,
diopeneimg, posseeaion, or use of controlled substance is prohibited 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 vvorkp|oce, the business's policy of
maintaining a drug-free workplace, any available drug uounoe|ing, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Gives each employee engaged in providing the commodities or contractual een/ioee that are
under proposal a copy cf the statement specified in subsection (i).
4. In the statement specified in subsection (1), notifies the employees that, as a condition of working
on the commodities or contractual services that are under proposal, the employee will abide by
the terms of the statement and will notify the employer of any conviction of, or plea of guilty or
no|O cOOtenderetn. any violation Of Chapter BB3 (Florida Statutes) or of any controlled substance
|avv of the United States or any mtate, fora violation occurring in the vvmrkp|eco no later than five
(5) days after such conviction.
5. Imposes o sanction on, or require the satisfactory participation in a drug abuse assistance or
rehabilitation program if such is available in the employee's community' or any employee who is
so convicted.
G. Makes m good faith effort to,continue to maintaindrug-free
this section.
As the person authorized to sign the statement, | certify thatat t
requirements.
Proposer's Signature
6/11/2024
Florida Date
STATE OF:
Miami-Dade
OF:
�
Subscribed and sworn to (or affirmed) before me, by of physical El online
notarization, on 06/11/2024 (date) by Anclr�s
2149
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract 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 public
entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
I have read the abo 6 and state that neither Quick Painting Group
�
(Propos 's name r any Affiliate has been placed on the convicted vendor list within the last
thirty-six 6 m m S.
6ature)
Date: 06/11/2024
STATE OF: Florida
COUNTY OF: Miami-Dade
Subscribed and sworn to (or affirmed) before me, by means of V physical presence or El online
notarization, on 06/11/2024 (date)
by Andres Sanchez (name of affiant). He/She is personally
known to me or has produced FL Driver License .(type of identification) as
identification.
NOTARY PUB
Cvi�rr ion ex ires: 11/17//024
(SEAL)
#0 Pt k4 Notary Public State of Florida
Daniel Sanchez
my Commission HH 064637
Expires 11/17/2024
0
PROPOSAL FORM 00 120- Page 31 of 241
2150
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
p jentDeeohpdon(s): K8CDC Stock Island Stucco Repairs
Respondent Vendor Name: Quick Pi tin Group
VendorFE|M: 47-4392503
Vendor's Authorized Representative Name and Title: Andres Sanchez / President
Address: 9867 S Orange Blossom -[H #109
City: Orlando State: Florida Zip: 32837
Phone Number 407-783-0401 Email Address: info
Section 287,135. Florida Statutes prohibits a company from bidding on, submitting e proposal for, or
entering into or renewing a contract for goods or services of any amount if, at the time of contracting or
nanema|, the company is on the Scrutinized Companies that Boycott Israel List, created pursuant to
Section 215.4725, Florida Statutes` or is engaged in a Boycott of Israel. Section 287.135. Florida
Statutes, also prohibits o company from bidding on, submitting e proposal for. or entering into or renewing
a contract for goods or services of$1,,0010,000 or more, that are on either the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran Terrorism Sectors Lists
which were oneubmd pursuant to o. 215.473. Florida StotVtea, or is engaged in business operations in
Cuba orSyria.
As the person authorized to sign on behalf of Respondent, | hereby certify that the company identified
above in the Section entitled "Respondent Vendor Name" is not listed on the Scrutinized Companies that
Boycott Israel List or engaged in a boycott of Israel and for Projects of$1,000,000 or more is not listed on
either the Scrutinized Companies with Activities in Sudan List, the Scrutinized Companies with Activities
in the |nsn Terrorism Sectors Liat, or engaged in business operations in Cuba or Syria.
| understand that pursuant to Section 287.135, Florida Statutes, the submission of a false certification
may subject company to civil penalties, attorney's fees, and/or costs. | further understand that any
contract with the County may be terminated, at the option of the County` if the company is found to have
submitted a false certification mr has been placed onthe Scrutinized Companies that Boycott Israel List or
engaged |na boycott of Israel or placed outhe Scrutinized Companies with Activities in Sudan List orthe
Scrutinized Companies with Activities in the Iran Terrorism Sectors List V/ been engaged in business
operations im Cuba orSyria.
Certified By* Andres Sanchez
who is authorized
to sign on behalf of the ab ve nc pany.
Authorized Signature:
Print Name.Andres Sankh�
Title: President
Note: The List are av4ble at the following Department of Management Services Site:
ended discriminatory connolaints vendor lists
PF<{JPOSALFORM 00120-Page 32of241
2151
Certification Regarding
Debarment, Suspension, Ineligibility
And Voluntary Exclusion
Contractor Covered Transactions
(1) The prospective contractor of the Recipient, Quick Painting Group, cerdfiea, by submission
of this document, that neither it nor its principals is presently debarred, suspended, proposed for
deborment, declared ine|igib|e, or voluntarily excluded from participation in this transaction by any
Federal department uragency.
(2) Where the Recipient's contractor is unable to certify to the above statement, the prospective
contractor shall attach an explanation 10 this form,
CONTRA R:
_�Andres Sanchez / President
� Name and Title Division Contract Number
�
A887S Orange Blossom Tr| #10A OMB Approved No. l5O5-O27|
Street Address
[)[l@DdO, FL 32837
City, Steie, Zip
Date 06/11/2024
PR(]P[)SALFO�RRA OO120- Page 37of241
Agreement
Between Owner and Contractor
Where the basis of payment is a STIPULATED SUM
AGREEMENT
Made as of the 17t" day of July 2024
BETWEEN the Owner: Monroe County Board of County Commissioners
500 Whitehead Street
Key West, Florida 33040
And the Contractor: Quick Painting Group Corp
9867 S Orange Blossum Trail, Ste. 109
Orlando, Florida 32837
For the following Project: MCDC STOCK ISLAND STUCCO REPAIRS
Scope of the Work
The Contractor is required to provide a complete job as contemplated by the drawings and
specifications, which are a part of this bid package. The Contractor shall furnish all labor,
supervision, materials, power, tools, equipment, supplies, permits and any other means
of construction necessary or proper for performing and completing the Scope of Work,
unless otherwise specifically stated.
Scope of work shall include removal, disposal, and replacement of existing exterior stucco
cladding. Contractor shall prepare substrate properly to be re-plastered with a two-part
system with acrylic finish. The colors and texture of the finish coat shall match existing.
Existing area to be re-plastered is approximately 420 ft long and 31 ft high for an
approximate total area of 13,020 sq. ft.
The Contractor shall review attached specifications by Reynolds Engineering Services,
Inc. for detail.
ARTICLE 1
The Contract Documents
Page 1 of 21
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The Contract Documents consist of this Agreement, Conditions of the Contract (General,
Supplementary and other Conditions), Drawings, Specifications, Proposal Documents, Addenda
issued prior to execution of this Agreement, together with the response to RFP and all required
insurance documentation, and Modifications issued after execution of this Agreement. The
Contract represents the entire and integrated agreement between the parties hereto and
supersedes prior negotiations, representations or agreements, either written or oral. An
enumeration of the Contract Documents, other than Modifications, appears in Article 9. In the
event of a discrepancy between the documents, precedence shall be determined by the order of
the documents as just listed.
ARTICLE 2
The Work of this Contract
The Contractor shall execute the entire Work described in the Contract Documents, except to the
extent specifically indicated in the Contract Documents to be the responsibility of others, or as
follows: N/A
ARTICLE 3
Date of Commencement and Substantial Completion
3.1 The date of commencement is the date to be fixed in a Notice to Proceed issued by the
Owner.
The Contractor shall achieve Substantial Completion of the entire Work not later than
Sixty (60) calendar days after the date of commencement or issuance of a Notice to
Proceed. The time or times stipulated in the contract for completion of the work of the
contract or of specified phases of the contract shall be the calendar date or dates listed in
the milestone schedule.
Liquidated damages will be based on the Substantial Completion Date for all work,
modified by all approved extensions in time as set forth by the Director of Project
Management's signature of approval on the Certificate of Substantial Completion. The
liquidated damages table below shall be utilized to determine the amount of liquidated
damages.
FIRST SECOND 31ST DAY &
CONTRACT AMOUNT 15 DAYS 15 DAYS THEREAFTER
Under $50,000.00 $50.00/Day $100.00/Day $250.00/Day
$50,000.00-99,999.00 100.00/Day 200.00/Day 750.00/Day
$100,000.00-499,999.00 200.00/Day 500.00/Day 2,000.00/Day
$500,000.00 and Up 500.00/Day 1,000.00/Day 3,500.00/Day
The Contractor's recovery of damages and sole remedy for any delay caused by the
Owner shall be an extension of time on the Contract.
Uncontrollable Circumstance. Any delay or failure of either Party to perform its
obligations under this Agreement will be excused to the extent that the delay or failure was
caused directly by an event beyond such Party's control, without such Party's fault or
negligence and that by its nature could not have been foreseen by such Party or, if it could
have been foreseen, was unavoidable: (a) acts of God; (b) flood, fire, earthquake,
explosion, tropical storm, hurricane or other declared emergency in the geographic area
of the Project; (c)war, invasion, hostilities (whether war is declared or not), terrorist threats
Page 2 of 21
2154
or acts, riot, or other civil unrest in the geographic area of the Project; (d) government
order or law in the geographic area of the Project; (e) actions, embargoes, or blockades
in effect on or after the date of this Agreement; (f) action by any governmental authority
prohibiting work in the geographic area of the Project; (each, a "Uncontrollable
Circumstance"). Contractor's financial inability to perform, changes in cost or availability
of materials, components, or services, market conditions, or supplier actions or contract
disputes will not excuse performance by Contractor under this Section. Contractor shall
give County written notice within seven (7) days of any event or circumstance that is
reasonably likely to result in an Uncontrollable Circumstance, and the anticipated duration
of such Uncontrollable Circumstance. Contractor shall use all diligent efforts to end
the Uncontrollable Circumstance, ensure that the effects of any Uncontrollable
Circumstance are minimized and resume full performance under this Agreement. The
County will not pay additional cost as a result of an Uncontrollable Circumstance. The
Contractor may only seek additional time at no cost to the County as the Owner's
Representative may determine. The Contractor may only seek a no cost Change Order
for such reasonable time as the Owner's Representative may determine.
ARTICLE 4
Contract Sum
4.1 The Owner shall pay the Contractor in current funds for the Contractor's performance of
the Contract the Contract Sum of Two Hundred Forty Thousand and 00/100 Dollars
($240,000.00), subject to additions and deductions as provided in the Contract
Documents.
4.2 The Contract Sum is based upon the following alternates, if any, which are described in
the Contract Documents and are hereby accepted by the Owner:
4.3 Unit prices, if any, are as follows:
Sixteen and 00/100 Dollars ($16.00), Unit Price for each additional Square Foot (SF) of
Stucco Repair (above base bid)
ARTICLE 5
Progress Payments
5.1 Based upon Applications for Payment submitted by the Contractor to the Director of
Project Management, and upon approval for payment issued by the Director of Project
Management and Architect, the Owner shall make progress payments on account of the
Contract Sum to the Contractor as provided below and elsewhere in the Contract
Documents.
5.2 The period covered by each Application for payment shall be one (1) calendar month
ending on the last day of the month.
5.3 Payment will be made by the Owner, upon receipt of a proper invoice from the Contractor,
in accordance with the Florida Local Government Prompt Payment Act (Section 218.735,
Florida Statutes) and Monroe County Code. The Contractor is to submit to the Owner
invoices with supporting documentation that are acceptable to the Monroe County Office
of Clerk and Comptroller (County Clerk). Acceptability to the County Clerk is based upon
generally accepted accounting principles and such laws, rules and regulations as may
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govern the disbursal of funds by the County Clerk. The Owner is exempt from sales and
use taxes. A copy of the tax exemption certificate will be provided by the Owner upon
request.
5.4 Each Application for Payment shall be based upon the Schedule of Values submitted by
the Contractor in accordance with the Contract Documents. The Schedule of Values shall
allocate the entire Contract Sum among the various portions of the Work and be prepared
in such form and supported by such data to substantiate its accuracy as the Director of
Project Management may require. This schedule, unless objected to by the Director of
Project Management, shall be used as a basis for reviewing the Contractor's Applications
for Payment.
5.5 Applications for Payment shall indicate the percentage of completion of each portion of
the Work as of the end of the period covered by the Application for Payment.
5.6 Subject to the provisions of the Contract Documents, the amount of each progress
payment shall be computed as follows:
5.6.1 Take that portion of the Contract Sum properly allocable to completed Work as determined
by multiplying the percentage completion of each portion of the Work by the share of the
total Contract Sum allocated to that portion of the Work in the Schedule of Values, less
retainage of five percent(5%). Pending final determination of cost to the Owner of changes
in the Work, amounts not in dispute may be included in Applications for Payment. The
amount of credit to be allowed by the Contractor to the Owner for a deletion or change
which results in a net decrease in the Contract Sum shall be the net cost to the Owner,
less Overhead, Profit and Documented Costs incurred prior to the change Request, as
indicated in the corresponding line item in the Approved Schedule of Values for that line
item as confirmed by the Director of Project Management.When both additions and credits
covering related Work or substitutions are involved in a change, the allowance for
overhead and profit shall be figured on the basis of net increase, if any, with respect to
that change.
5.6.2 Add that portion of the Contract Sum properly allocable to materials and equipment
delivered and suitably stored at the site for subsequent incorporation in the completed
construction (or, if approved in advance by the Owner, suitably stored off the site at a
location agreed upon in writing), less retainage;
5.6.3 Subtract the aggregate of previous payments made by the Owner; and
5.6.4 Subtract amounts, if any, for which the Director of Project Management has withheld or
nullified a Certificate for Payment as provided in Paragraph 9.5 of the General Conditions.
5.7 The progress payment amount determined in accordance with Paragraph 5.6 shall be
further modified under the following circumstances:
5.7.1 Add, upon Substantial Completion of the Work, a sum sufficient to increase the total
payments to Ninety-five percent (95%) of the Contract Sum, less such an amount equal
to 150 percent (150%) of the estimated cost to complete the items in accordance with
Subparagraph 9.8.2 of the General Conditions as the Owner recommends and determines
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2156
for incomplete Work and unsettled claims, including the assessment of liquidated
damages; and
5.7.2 Within 20 business days after the list of incomplete Work is created, the Owner must pay
the Contractor the remaining Contract Sum that includes all retainages previously withheld
by the Owner less an amount equal to 150 percent (150%) of the estimated cost to
complete the incomplete Work (i.e., "punch" list items).
5.7.3 If final completion of the Work is thereafter materially delayed through no fault of the
Contractor, any additional amounts payable in accordance with Subparagraph 9.10.3 of
the General Conditions.
ARTICLE 6
Final Payment
Final payment, constituting the entire unpaid balance of the Contract Sum, shall be made by the
Owner to the Contractor when (1) the Contract has been fully performed by the Contractor and
the work has been accepted by the Owner except for the Contractor's responsibility to correct
nonconforming Work as provided in Subparagraph 12.2.2 of the General Conditions and to satisfy
other requirements, if any, which necessarily survive final payment, and (2) a final approval for
payment has been issued by the Director of Project Management. Such final payment shall be
made by the Owner not more than twenty (20) days after the issuance of the final approval for
payment. The following documents (samples in Section 01027 (Application for Payment) are
required for Final Payment:
(1) Application and Certificate for Payment
(2) Continuation Sheet
(3) Certificate of Substantial Completion
(4) Contractor's Affidavit of Debts and Claims
(5) Contractor's Affidavit of Release of Liens
(6) Final Release of Lien
(7) Contractor shall provide two (2) hard copies in tabulated divided binders and
one (1) saved electronically tabbed and indexed in Adobe Acrobat file (.PDF)
format delivered on a common form (i.e. flash drive) of all the following, but
not limited to:
A. Project Record Documents (As Built Documents).
B. Operating and maintenance data, instructions to the Owner's personnel.
C. Warranties, bond and guarantees.
D. Keys and keying schedule.
E. Spare parts and maintenance materials.
F. Electronic copies of approved submittals.
G. Evidence of payment and final release of liens and consent of surety to final
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release (includes final release from all utilities and utility companies).
H. Copies of either a Certificate of Completion or Certificate of Occupancy issued
by the City of Key West Building Department.
ARTICLE 7
Miscellaneous Provisions
7.1 Where reference is made in this Agreement to a provision of the General Conditions or
another Contract Document, the reference refers to that provision as amended or
supplemented by other provisions of the Contract Documents.
7.2 Payment shall be made according to the Florida Local Government Prompt Payment Act
and Monroe County Code.
7.3 Temporary facilities and services: As described in Section 01500, Temporary Facilities, of
the General Conditions.
7.4 Annual Appropriation. Monroe County's performance and obligation to pay under this
contract is contingent upon an annual appropriation by the Board of County
Commissioners. In the event that the County funds on which this Agreement is dependent
are withdrawn, this Agreement is terminated, and the County has no further obligation
under the terms of this Agreement to the Contractor beyond that already incurred by the
termination date.
7.5 A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods
or services to a public entity, may not submit a bid, proposal, or reply on a contract to
supply any goods or services to a public entity, may not submit a bid, proposal, or reply
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 public entity, may not be awarded
or perform work as a contractor, supplier, subcontractor, or consultant under a contract
with any public entity, and may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for CATEGORY TWO
for a period of thirty-six(36) months from the date of being placed on the convicted vendor
list.
7.6 The following items are included in this contract:
a) Maintenance of Records. Contractor shall maintain all books, records, and documents
directly pertinent to performance under this Agreement in accordance with generally
accepted accounting principles consistently applied. Records shall be retained for 1)
a period of five (5) years after all funds have been expended or returned to the
Department of the Treasury, whichever is later or 2) a period of seven (7) years from
the termination of this Agreement or five (5) years from the submission of the final
expenditure report as per 2 CFR §200.33, if applicable, whichever is greater. 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 seven (7) years following the
termination of this Agreement. If an auditor employed by the County or County Clerk
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2158
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were
paid by the Owner.
Further, the Contractor is subject to the following:
1) The Contractor shall maintain records and financial documents sufficient to
evidence compliance with Section 602(c), Treasury's regulations implementing that
section, and guidance issued by the Department of the Treasury regarding the
foregoing.
2) The Department of the Treasury Office of Inspector General and the Government
Accountability Office, or their authorized representatives, shall have the right of access
to records (electronic and otherwise) of the Contractor in order to conduct audits or
other investigations.
Right to Audit.
Availability of Records. The records of the parties to this Agreement relating to the
Project, which shall include but not be limited to accounting records (hard copy, as
well as computer readable data if it can be made available; subcontract files (including
proposals of successful and unsuccessful bidders, bid recaps, bidding instructions,
bidders list, etc.); original estimates; estimating work sheets; correspondence; change
order files (including documentation covering negotiated settlements); backcharge
logs and supporting documentation; general ledger entries detailing cash and trade
discounts earned, insurance rebates and dividends; any other supporting evidence
deemed necessary by Owner or by the Monroe County Office of the Clerk of Court
and Comptroller (hereinafter referred to as "County Clerk") to substantiate charges
related to this Agreement, and all other agreements, sources of information and
matters that may in Owner's or the County Clerk's reasonable judgment have any
bearing on or pertain to any matters, rights, duties or obligations under or covered by
any contract document (all foregoing hereinafter referred to as "Records") shall be
open to inspection and subject to audit and/or reproduction by Owner's representative
and/or agents of Owner or the County Clerk. Owner or County Clerk may also conduct
verifications such as, but not limited to, counting employees at the job site, witnessing
the distribution of payroll, verifying payroll computations, overhead computations,
observing vendor and supplier payments, miscellaneous allocations, special charges,
verifying information and amounts through interviews and written confirmations with
employees, Subcontractors, suppliers, and contractors' representatives. All records
shall be kept for ten (10)years after Final Completion of the Project. The County Clerk
possesses the independent authority to conduct an audit of records, assets, and
activities relating to this Project. If an auditor employed by the County or County Clerk
determines that monies paid to Contractor pursuant to this Agreement were spent for
purposes not authorized by this Agreement, or were wrongfully retained by the
Contractor, the Contractor shall repay the monies together with interest calculated
pursuant to Section 55.03, Florida Statutes, running from the date the monies were
paid to Contractor. The Right to Audit provisions survive the termination or expiration
of this Agreement.
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b) Governing Law, Venue, and Interpretation. 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 this
Agreement, the County and Contractor agree that venue shall lie in the appropriate
court or before the appropriate administrative body in Monroe County, Florida. The
Parties waive their rights to trial by jury. The County and Contractor agree that, in the
event of conflicting interpretations of the terms or a term of this Agreement by or
between any of them, the issue shall be submitted to mediation prior to the institution
of any other administrative or legal proceeding.
c) 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.
d) 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 and court costs as an award against the
non-prevailing party and shall include attorney's fees and courts costs in appellate
proceedings.
e) 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.
f) Authority. Each party represents and warrants to the other that the execution, delivery
and performance of this Agreement have been duly authorized by all necessary
County and corporate action, as required by law. Each party agrees that it has had
ample opportunity to submit this Contract to legal counsel of its choice and enters into
this agreement freely, voluntarily and with advice of counsel.
g) 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. Any conditions imposed as a result of the funding that
affect the Project will be provided to each party.
h) 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 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.
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This Agreement is not subject to arbitration. This provision does not negate or waive
the provisions of Section 7.4, Section 7.6 or Article 8 concerning termination or
cancellation.
i) 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.
j) Nondiscrimination/Equal Employment Opportunity. The parties 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. The parties 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 VII of the Civil Rights
Act of 1964 (PL 88-352), which prohibit discrimination in employment on the basis of
race, color, religion, sex, and national origin; 2) Title IX of the Education Amendment
of 1972, as amended (20 USC §§ 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 § 794), which prohibits discrimination on the basis of disability; 4)
The Age Discrimination Act of 1975, as amended (42 USC §§ 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, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC §§ 3601 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 § 12101 Note), as may be amended from time to time,
relating to nondiscrimination in employment on the basis of disability; 10) Monroe
County Code Chapter 14, Article II, which prohibits discrimination on the basis of race,
color, sex, religion, national origin, ancestry, sexual orientation, gender identity or
expression, familial status or age; and 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.
During the performance of this Agreement, the Contractor, in accordance with Equal
Employment Opportunity (30 Fed. Reg. 12319, 12935, 3 C.F.R. Part, 1964-1965
Comp., p. 339), as amended by Executive Order 11375, Amending Executive Order
11246 Relating to Equal Employment Opportunity, and implementing regulations at 41
C.F.R. Part 60 (Office of Federal Contract Compliance Programs, Equal Employment
Opportunity, Department of Labor). See 2 C.F.R. Part 200, Appendix II, ¶ C, agrees
as follows:
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1. The Contractor will not discriminate against any employee or applicant for
employment because of race, color, religion, sex, sexual orientation, gender
identity, or national origin. The Contractor will take affirmative action to ensure that
applicants are employed, and that employees are treated during employment,
without regard to their race, color, religion, sex, sexual orientation, gender identity,
or national origin. Such action shall include, but not be limited to, the following:
Employment, upgrading, demotion or transfer, recruitment or recruitment
advertising, layoff or termination, rates of pay or other forms of compensation and
selection for training, including apprenticeship. The contractor agrees to post in
conspicuous places, available to employees and applicants for employment,
notices to be provided setting forth the provisions of this nondiscrimination clause.
2. The Contractor will, in all solicitations or advertisements for employees placed by
or on behalf of the contractor, state that all qualified applicants will receive
consideration for employment without regard to race, color, religion, sex, sexual
orientation, gender identity, or national origin.
3. The Contractor will not discharge or in any other manner discriminate against any
employee or applicant for employment because such employee or applicant has
inquired about, discussed, or disclosed the compensation of the employee or
applicant or another employee or applicant. This provision shall not apply to
instances in which an employee who has access to the compensation information
of other employees or applicants as a part of such employee's essential job
functions discloses the compensation of such other employees or applicants to
individuals who do not otherwise have access to such information, unless such
disclosure is in response to a formal complaint or charge, in furtherance of an
investigation, proceeding, hearing, or action, including an investigation conducted
by the employer, or is consistent with the contractor's legal duty to furnish
information.
4. The Contractor will send to each labor union or representative of workers with
which it has a collective bargaining agreement or other contract or understanding,
a notice to be provided, advising the said labor union or workers' representative of
the contractor's commitments under this section, and shall post copies of the notice
in conspicuous places available to employees and applicants for employment.
5. The Contractor will comply with all provisions of Executive Order 11246 of
September 24, 1965, and of the rules, regulations and relevant orders of the
Secretary of Labor.
6. The Contractor will furnish all information and reports required by Executive Order
11246 of September 24, 1965, and by the rules, regulations, and orders of the
Secretary of Labor, or pursuant thereto, and will permit access to his books,
records, and accounts by the administering agency and the Secretary of Labor for
purposes of investigation to ascertain compliance with such rules, regulations, and
orders.
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7. In the event of the Contractor's non-compliance with the nondiscrimination clauses
of this contract or with any of the said rules, regulations, or orders, this contract
may be canceled, terminated or suspended in whole or in part and the contractor
may be declared ineligible for further Government contracts or federally assisted
construction contracts in accordance with procedures authorized in Executive
Order 11246 of September 24, 1965, and such other sanctions may be imposed
and remedies invoked as provided in Executive Order 11246 of September 24,
1965, or by rule, regulation or order of the Secretary of Labor, or as otherwise
provided by law.
8. The Contractor will include the portion of the sentence immediately preceding
paragraph (1) and the provisions of paragraphs(1)through (8) in every subcontract
or purchase order unless exempted by rules, regulations, or orders of the
Secretary of Labor issued pursuant to section 204 of Executive Order 11246 of
September 24, 1965, so that such provisions will be binding upon each
subcontractor or vendor. The Contractor will take such action with respect to any
subcontract or purchase order as the administering agency may direct as a means
of enforcing such provisions, including sanctions for non-compliance; provided,
however, that in the event a contractor becomes involved in, or is threatened with,
litigation with a subcontractor or vendor as a result of such direction by the
administering agency, the Contractor may request the United States to enter into
such litigation to protect the interests of the United States.
The Contractor and any subcontractor, successor, transferee, and assignee shall
comply with Title VI of the Civil Rights Act of 1964, which prohibits recipients of federal
financial assistance from excluding from a program or activity, denying benefits of, or
otherwise discriminating against a person on the basis of race, color, or national origin
(42 U.S.C. §2000d et seq.), as implemented by the Department of the Treasury's Title
VI regulations, 31 CFR Part 22, which are herein incorporated by reference and made
a part of this contract (or agreement). Title VI also includes protection to persons with
"Limited English Proficiency" in any program or activity receiving federal financial
assistance, 42 U.S.C. § 2000d et seq., as implemented by the Department of the
Treasury's Title VI regulations, 31 CFR Part 22, and herein incorporated by reference
and made a part of this contract or agreement.
k) 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.
1) 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 Statutes, regarding, but not
limited to, solicitation or acceptance of gifts; doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
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m) 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.
n) Employment or Retention of Former County Officers or Employees. Contractor
warrants that it has not employed, retained or otherwise had act on its behalf any
former County officer or employee in violation of Section 2-149, Monroe County Code
of Ordinances or any County officer or employee in violation of Section 2-150, Monroe
County Code of Ordinances. For breach or violation of this provision the County may,
in its discretion, terminate this contract without liability and may also, in its discretion,
deduct from the contract or purchase price, or otherwise recover the full amount of any
fee, commission, percentage, gift, or consideration paid to the former County officer
or employee pursuant to Subsection 2-152(b), Monroe County Code of Ordinances.
o) Public Records Compliance. Contractor must comply with Florida public records
laws, including but not limited to Chapter 119, Florida Statutes and Section 24, Article
I of the Constitution of Florida. The County and Contractor shall allow and permit
reasonable access to, and inspection of, all documents, records, papers, letters or
other "public record" materials in its possession or under its control subject to the
provisions of Chapter 119, Florida Statutes and made or received by the County and
Contractor in conjunction with this contract and related to contract performance. The
County shall have the right to unilaterally cancel this contract upon violation of this
provision by the Contractor. Failure of the Contractor to abide by the terms of this
provision shall be deemed a material breach of this contract and the County may
enforce the terms of this provision in the form of a court proceeding and shall, as a
prevailing party, be entitled to reimbursement of all attorney's fees and costs
associated with that proceeding. This provision shall survive any termination or
expiration of the contract.
The Contractor is encouraged to consult with its advisors about Florida Public Records
Law in order to comply with this provision.
Pursuant to Section 119.0701, Florida Statutes and the terms and conditions of this
contract, the Contractor is required to:
(1) Keep and maintain public records that would be required by the County to
perform the service.
(2) Upon receipt from the County's custodian of records, provide the County with
a copy of the requested records or allow the records to be inspected or copied
within a reasonable time at a cost that does not exceed the cost provided in
this chapter or as otherwise provided by law.
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(3) Ensure that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as
authorized by law for the duration of the contract term and following
completion of the contract if the contractor does not transfer the records to
the County.
(4) Upon completion of the contract, transfer, at no cost, to the County all public
records in possession of the Contractor or keep and maintain public records
that would be required by the County to perform the service. If the Contractor
transfers all public records to the County upon completion of the contract, the
Contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
Contractor keeps and maintains public records upon completion of the
contract, the Contractor shall meet all applicable requirements for retaining
public records. All records stored electronically must be provided to the
County, upon request from the County's custodian of records, in a format that
is compatible with the information technology systems of the County.
(5) A request to inspect or copy public records relating to a County contract must
be made directly to the County, but if the County does not possess the
requested records, the County shall immediately notify the Contractor of the
request, and the Contractor must provide the records to the County or allow
the records to be inspected or copied within a reasonable time.
If the Contractor does not comply with the County's request for records, the
County shall enforce the public records contract provisions in accordance
with the contract, notwithstanding the County's option and right to unilaterally
cancel this contract upon violation of this provision by the Contractor. A
Contractor who fails to provide the public records to the County or pursuant
to a valid public records request within a reasonable time may be subject to
penalties under Section 119.10, Florida Statutes.
The Contractor shall not transfer custody, release, alter, destroy or otherwise
dispose of any public records unless otherwise provided in this provision or
as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING
THE APPLICATION OF CHAPTER 119, FLORIDA
STATUTES, TO THE CONTRACTOR'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS
CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS, BRIAN BRADLEY AT PHONE# 305-292-3470
BRADLEY-BRIAN@MONROECOUNTY-FL.GOV,
MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
Street, SUITE 408, KEY WEST, FL 33040.
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p) Non-Waiver of Immunity. Notwithstanding the provisions of Section 768.28, Florida
Statutes, the participation of the Contractor and the County 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.
q) 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 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.
r) Legal Obligations and Responsibilities. This Agreement is not intended to, nor shall it
be construed as, relieving any participating entity from any obligation or responsibility
imposed upon the entity by law except to the extent of actual and timely performance
thereof by any participating entity, in which case the performance may be offered in
satisfaction of the obligation or responsibility.
s) Non-Delegation of Constitutional or Statutory Duties. 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.
t) Non-Reliance by Non-Parties. No person or entity shall be entitled to rely upon the
terms, or any of them, of this Agreement to enforce or attempt to enforce any third-
party claim or entitlement to or benefit of any service or program contemplated
hereunder, and the County and the Contractor agree that neither the County nor the
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.
u) Attestations. Contractor agrees to execute such documents as the County may
reasonably require, to include, but not be limited to, a Public Entity Crime Statement,
an Ethics Statement, Non-Collusion Statement and a Drug-Free Workplace
Statement.
v) 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.
w) 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
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together shall constitute one and the same instrument and any of the parties hereto
may execute this Agreement by signing any such counterpart.
x) Hold Harmless, Indemnification, and Defense. Notwithstanding any minimum
insurance requirements prescribed elsewhere in this Agreement, Contractor shall
defend, indemnify and hold the COUNTY and the COUNTY's elected and appointed
officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty
or business interruption, and (iii) any costs or expenses that may be asserted against,
initiated with respect to, or sustained by, any indemnified party by reason of, or in
connection with, (A) any activity of Contractor or any of its employees, agents,
contractors or other invitees during the term of this Agreement, (B) the negligence or
recklessness, intentional wrongful misconduct, errors or other wrongful act or omission
of Contractor or any of its employees, agents, sub-contractors or other invitees, or (C)
Contractor's default in respect of any of the obligations that it undertakes under the
terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent
acts or omissions of the COUNTY or any of its employees, agents, contractors or
invitees (other than Contractor). The monetary limitation of liability under this contract
shall be equal to the dollar value of the contract and not less than $1 million per
occurrence pursuant to Section 725.06, Florida Statutes. The limits of liability shall be
as set forth in the insurance requirements included in this Agreement. Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to
events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
In the event that the completion of the project (to include the work of others) is delayed
or suspended as a result of the Contractor's failure to purchase or maintain the
required insurance, the Contractor shall indemnify the County from any and all
increased expenses resulting from such delay. Should any claims be asserted against
the County by virtue of any deficiency or ambiguity in the plans and specifications
provided by the Contractor, the Contractor agrees and warrants that the Contractor
shall hold the County harmless and shall indemnify it from all losses occurring thereby
and shall further defend any claim or action on the County's behalf.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this Agreement.
This indemnification shall survive the termination of this Contract. Nothing contained
in this paragraph is intended to nor shall it constitute a waiver of the (County)Agency's
sovereign immunity.
y) 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.
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z) Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the
County that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with County funds under this agreement. The DBE requirements of applicable federal
and state laws and regulations apply to this Agreement. The County and its Contractor
agree to ensure that DBE's have the opportunity to participate in the performance of
the Agreement. In this regard, all recipients and contractors shall take all necessary
and reasonable steps in accordance with 2 C.F.R. §200.321 (as set forth below),
applicable federal and state laws and regulations to ensure that DBE's have the
opportunity to compete and perform contracts. The County and Contractor and
subcontractors shall not discriminate on the basis of race, color, national origin, or sex
in award and performance of contracts, entered pursuant to this Agreement.
aa)Agreements with Subcontractors. In the event that the Contractor subcontracts any or
all of the work in this project to any third party, the Contractor specifically agrees to
identify the COUNTY as an additional insured on all insurance policies required by the
County. In addition, the Contractor specifically agrees that all agreements or contracts
of any nature with its subcontractors shall include the COUNTY as additional insured.
bb) Independent Contractor. At all times and for all purposes under this Agreement,
Contractor is an independent contractor and not an employee of the Board of County
Commissioners of Monroe County. No statement contained in this Agreement shall
be construed so as to find Contractor or any of its employees, subcontractors,
servants, or agents to be employees of the Board of County Commissioners of Monroe
County.
cc) E-Verify System. Beginning January 1, 2021, in accordance with Section 448.095,
Florida Statutes, the Contractor and any subcontractor shall register with and shall
utilize the U.S. Department of Homeland Security's E-Verify system to verify the work
authorization status of all new employees hired by the Contractor during the term of
the Contract and shall expressly require any subcontractors performing work or
providing services pursuant to the Contract to likewise utilize the U.S. Department of
Homeland Security's E-Verify system to verify the work authorization status of all new
employees hired by the subcontractor during the Contract term. Any subcontractor
shall provide an affidavit stating that the subcontractor does not employ, contract with
or subcontract with an unauthorized alien. The Contractor shall comply with and be
subject to the provisions of Section 448.095, Florida Statutes.
dd) Entire Agreement. This writing embodies the entire agreement and understanding
between the parties hereto, and there are no other agreements and understandings,
oral or written, with reference to the subject matter hereof that are not merged herein
and superseded hereby. Any amendment to this Agreement shall be in writing,
approved by the Board of County Commissioners and signed by both parties before it
becomes effective.
ee) Florida Green Building Coalition Standards. Monroe County requires its buildings to
conform to Florida Green Building Coalition standards.
Special Conditions, if any, are detailed in Section 00100 of the Project Manual for this
Project.
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7.7 Any written notices or correspondence given pursuant to this contract shall be sent by
United States Mail, certified, return receipt requested, postage prepaid, or by courier with
proof of delivery. The place of giving Notice shall remain the same as set forth herein until
changed in writing in the manner provided in this paragraph. Notice is deemed received
by Contractor when hand delivered by national courier with proof of delivery or by U.S.
Mail upon verified receipt or upon the date of refusal or non-acceptance of delivery.
Notice shall be sent to the following persons:
For Contractor: Andres Sanchez, President
Quick Painting Group Corp.
9867 S Orange Blossom Trail, Ste. 109
Orlando, Florida 32837
For Owner: Director of Project Management Assistant County Administrator, PW& E
1100 Simonton St., Room 2-216 1100 Simonton St.
Key West, Florida 33040 Key West, Florida 33040
County Attorney
1111 121h Street, Suite 408
Key West, Florida 33040
ARTICLE 8
Termination or Suspension
8.1 The Contract may be terminated by the Owner as provided in Article 14 of the General
Conditions.
8.2 In the event that the Contractor shall be found to be negligent in any aspect of service, the
County shall have the right to terminate this Agreement after five (5) calendar days'written
notification to the Contractor.
8.3 Either of the parties hereto may cancel this Agreement without cause by giving the other
party sixty (60) days' written notice of its intention to do so.
8.4 Termination for Cause and Remedies. In the event of breach of any contract terms, the
County retains the right to terminate this Agreement. The County may also terminate this
Agreement for cause with Contractor should Contractor fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event of such
termination, prior to termination, the County shall provide Contractor with seventy-two (72)
hours' written notice and provide the Contractor with an opportunity to cure the breach
that has occurred. If the breach is not cured, the Agreement will be terminated for cause.
If the County terminates this Agreement with the Contractor, County shall pay Contractor
the sum due the Contractor under this Agreement prior to termination, unless the cost of
completion to the County exceeds the funds remaining in the contract; however, the
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County reserves the right to assert and seek an offset for damages caused by the breach.
The maximum amount due to Contractor shall not in any event exceed the spending cap
in this Agreement. In addition, the County reserves all rights available to recoup monies
paid under this Agreement, including the right to sue for breach of contract and including
the right to pursue a claim for violation of the County's False Claims Ordinance, located
at Section 2-721 et al. of the Monroe County Code.
8.5 Termination for Convenience. The County may terminate this Agreement for convenience,
at any time, upon thirty (30) days' written notice to Contractor. If the County terminates
this Agreement with the Contractor, County shall pay Contractor the sum due the
Contractor under this Agreement prior to termination, unless the cost of completion to the
County exceeds the funds remaining in the contract. The maximum amount due to
Contractor shall not exceed the spending cap in this Agreement.
8.6 For Contracts of any amount, if the County determines that the Contractor/Consultant has
submitted a false certification under Section 287.135(5), Florida Statutes or has been
placed on the Scrutinized Companies that Boycott Israel List, or is engaged in a boycott
of Israel, the County shall have the option of (1) terminating the Agreement after it has
given the Contractor/Consultant written notice and an opportunity to demonstrate the
agency's determination of false certification was in error pursuant to Section
287.135(5)(a), Florida Statutes, or (2) maintaining the Agreement if the conditions of
Section 287.135(4), Florida Statutes, are met.
8.7 For Contracts of $1,000,000 or more, if the County determines that the
Contractor/Consultant submitted a false certification under Section 287.135(5), Florida
Statutes, or if the Contractor/Consultant has been placed on the Scrutinized Companies
with Activities in the Sudan List, the Scrutinized Companies with Activities in the Iran
Terrorism Sectors List or been engaged in business operations in Cuba or Syria, the
County shall have the option of (1) terminating the Agreement after it has given the
Contractor/Consultant written notice and an opportunity to demonstrate the agency's
determination of false certification was in error pursuant to Section 287.135(5)(a), Florida
Statutes, or (2) maintaining the Agreement if the conditions of Section 287.135(4), Florida
Statutes, are met.
ARTICLE 9
Enumeration of Contract Documents
9.1 The Contract Documents, except for Modifications issued after execution of this
Agreement, are enumerated as follows:
• Exterior Stucco Re-Plastering for Monroe County Detention Center Technical
Specifications prepared by Reynolds Engineering Services, Inc. dated February
17, 2024 (11 pages).
9.1.1 The Agreement is this executed Standard Form of Agreement Between Owner and
Contractor.
9.1.2 The General Conditions are the General Conditions of the Contract for Construction.
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9.1.3 The Supplementary and other Conditions of the Contract are those contained in the
Request for Proposals.
9.1.4 The Addenda, if any, are as follows:
Number Date # of Pages
1 5/15/24 1
2 6/3/24 1
This Agreement is entered into as of the day and year first written above and is executed in at
least one (1) original copy.
BALANCE OF PAGE INTENTIONALLY LEFT BLANK
SIGNATURE PAGE TO FOLLOW
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2171
Execution by the Contractor must be by a person with authority to bind the entity.
SIGNATURE OF THE PERSON EXECUTING THE DOCUMENT MUST BE NOTARIZED.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: Kevin Madok, Clerk OF MONROE COUNTY, FLORIDA
By: By:
As Deputy Clerk Mayor/Chairman
Date r4 �c uW ^_rrC> C FFj10rE
^ F-nCWr- .QC)Fcovilm
7_Q2 24 ... ___._._
CONTRACTOR'S Witnesses Attest: CONTRACTOR.- , CK PAINTING
Contractor must provide two witnesses GROUP CO
signatures �� ,
Signa re: � �� � �,�� ,
, , '.� •Andres Sanchez
Signature. Print �...
Print N m�e_Daniela Arrioja Titl resident
Date:07/02/2024 ate: 07/02/2024
and
w
Signs re;
L ,2
a, i �nchez
Print Name:
Date:07/0 /2024
STATE OF Florida COUNTY OF Orange
On this 2 day of July 20 24, before me, the undersigned notary public,
by means of ® physical presence or ❑ online, personally appeared
Andres Sanchez (name of affiant) known to me to be the person
whose name is subscribed above or who produced FL Driver License as identification, and
acknowledged that he/she is the person who executed the above contract with Monroe County
ILA7,REPAIRS for the purposes therein contained.
for MCDC STOC��
Notary ubllc�_m�.a..... Notary �
Garlic slate of F Hoch
ro Danil Sanchez
Print Na�me 'N .,, „a Nay 00a nmjssion HH Ctla3aC33�
f r»^- C4_14
M Ct7mmIS pirr5�11117l2p4
y sibn..pxpt�es: °' (Se ,
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GENERAL REQUIREMENTS
Where Project Management is Not a Constructor
Section 00750 General Conditions
Section 00970 Project Safety and Health Plan
Section 00980 Contractor Quality Control Plan
Section 01015 Contractor's Use of the Premises
Section 01027 Application for Payment
Section 01030 Alternates
Section 01040 Project Coordination
Section 01045 Cutting and Patching
Section 01050 Field Engineering
Section 01200 Project Meetings
Section 01301 Submittals
Section 01310 Progress Schedules
Section 01370 Schedule of Values
Section 01385 Daily Construction Reports
Section 01395 Request for Information— (RFI)
Section 01410 Testing Laboratory Services
Section 01421 Reference Standards and Definitions
Section 01500 Temporary Facilities
Section 01520 Construction Aids
Section 01550 Access Roads and Parking Areas
Section 01560 Temporary Controls
Section 01590 Field Offices and Sheds
Section 01595 Construction Cleaning
Section 01600 Material and Equipment
Section 01630 Post-Proposal Substitutions
Section 01640 Product Handling
Section 01700 Contract Closeout
Section 01710 Final Cleaning
Section 01720 Project Record Documents
Section 01730 Operation and Maintenance Data
Section 01740 Warranties
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