HomeMy WebLinkAboutItem I13
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PERIMETER FENCE MAINTENANCE, REPAIR & MODIFICATION
KEY WEST INTERATIONAL AIRPORT
This Agreement is made and entered into this 15th day of October, 2025, by and between
MONROE COUNTY, FLORIDA (ÐCOUNTYÑ), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and G.O.C. Inc. DBA ISLAND
th
FENCE (ÐCONTRACTORÑ), a Florida corporation, whose address is 1109 17 Terrace, Key
West, Fl. 33040.
WHEREAS, COUNTY desires to have a service provider on call and available to perform
emergency and non-emergency perimeter fence maintenance, repairs & modifications at Key West
International Airport; and
WHEREAS, CONTRACTOR desires and is able to provide emergency and non-
emergency perimeter fence maintenance, repairs & modifications at Key West International
Airport; and
WHEREAS, it serves the best interests of the public to maintain a secure perimeter at Key
West International Airport, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any addenda
to the bid documents.
2. SCOPE OF THE WORK
A. Routine repairs, modifications and requested maintenance of all perimeter fencing
at Key West International Airport.
B. Emergency repairs and/or modifications of perimeter fencing at Key West
International Airport. The CONTRACTOR shall be available 24 hours per day, 365 days per year.
The CONTRACTOR shall be at the site of a required fence repair/modification within three (3)
hours of verbal or written notification by the COUNTY. The CONTRACTOR shall provide an
after hours contact person and phone number. The COUNTY, upon award of the contract, shall
provide a contact person and phone number for building and equipment access.
C. The CONTRACTOR shall have access to a supply of all parts and materials
normally necessary for the emergency repairs and/or modifications of perimeter fencing at Key
West International Airport so that such emergency repairs and/or modifications will be completed
within 48 hours of notification by the COUNTY.
D. The COUNTY shall reimburse the CONTRACTOR for the ManufacturerÓs invoice
cost of all parts and materials (except freight, tax, services supplied by others and equipment
rental), plus percentage indicated in section 3D. below, that is used in the maintenance, repair or
modification of perimeter fencing at Key West International Airport. ManufacturerÓs invoice must
accompany all requests for payment. All parts and materials shall be of equal or greater quality as
compared to existing parts and materials in use.
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E. On all orders that require shipping or transportation of parts or materials whether
the part is under warranty or not, freight invoices must accompany requests for payment.
3. PAYMENTS TO CONTRACTOR
A. COUNTYÓS performance and obligation to pay under this agreement, is contingent
upon annual appropriation by the Board of County Commissioners.
B. COUNTY shall pay in accordance with the Florida Local Government Prompt Payment
Act; payment will be made after delivery and inspection by COUNTY and upon submission of
invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting documentation
acceptable to the Clerk, at completion of the work/repair by the CONTRACTOR and approval by
an appropriate COUNTY representative. Acceptability to the Clerk is based on generally accepted
accounting principles and such laws, rules and regulations as may govern the ClerkÓs disbursal of
funds.
D. COUNTY shall pay the actual cost of parts and materials, excluding freight, equipment
rental, tax amounts, and services supplied by others purchased from the manufacturer plus 10% to
fulfill the obligations of the Contract. Freight, equipment rental, tax amounts, equipment rental
amounts and services supplied by others shall be reimbursed for amounts charged. A
manufacturerÓs invoice must accompany all requests for payment. Freight invoices must
accompany all orders that require shipping or transportation of parts whether the part is under
warranty or not.
E. The cost of labor used by the contractor to fulfill the obligation of the Contract will be
calculated using the unit prices set forth in the ContractorÓs bid as follows:
Labor Î Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday, excluding
holidays:
$37.00 per hour, fence installer/lead crewman
$30.00 per hour, fence Installer/helper
Overtime rate for hours other than the normal working hours as stated above, including holidays:
$37.00 per hour, fence installer/lead crewman
$30.00 per hour, fence Installer/helper
Such costs must be documented for each maintenance, repair and/or modification job and included
with all Applications for Payment. Total payments to contractor shall not exceed $300,000 per
year.
Contractor shall submit with all invoices the Application for Payment form attached.
There are no additional costs for travel, mileage, meals, or lodging.
4. TERM OF AGREEMENT
This Agreement shall commence on October 15, 2025 and terminates on October 14,
2026 unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional four
(4) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon
written notice given at least 30 days prior to the end of the initial term. Unless the context clearly
indicates otherwise, references to the ÐtermÑ of this Agreement shall mean the initial term of one
(1) year.
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The Contract amount may be adjusted annually in accordance with the percentage change
in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as
reported by the U.S. Bureau of Labor Statistics at December 31 of the previous calendar year using
the most recently published indicator.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses shall be submitted to the COUNTY upon execution
of this Agreement.
6. FINANCIAL RECORDS OF CONTRACTOR
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 a period of seven years from the termination of
this agreement or for a period of five years from the submission of the final expenditure report as
per 2 CFR §200.334, 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 years
following the termination of this Agreement or for a period of three years from the submission of
the final expenditure report. If an auditor employed by the COUNTY or Clerk determines that
monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized
by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR.
7. PUBLIC ACCESS
Public Records Compliance. Contractor must comply with Florida public records laws, including
but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the Constitution of
Florida. The County and Contractor shall allow and permit reasonable access to, and inspection
of, all documents, records, papers, letters or other Ðpublic recordÑ 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
attorneyÓs 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 F.S. 119.0701 and the terms and conditions of this contract, the Contractor is required
to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
(2) Upon receipt from the CountyÓs 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 CountyÓs 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 CountyÓs request for records, the County shall enforce
the public records contract provisions in accordance with the contract, notwithstanding the
CountyÓs 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.
Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONTRACTORÓS DUTY TO PROVIDE PUBLIC RECORDS RELATING
TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC
RECORDS AT: MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
ST., SUITE 408, KEY WEST, FL 33040, publicrecords@monroecounty-fl.gov,
(305) 292-3470.
8. HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
agreement, Contractor shall defend, indemnify and hold the COUNTY and the COUNTYÓs 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, sub-contractors or other invitees during the term
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of this AGREEMENT, (B) the negligence or willful misconduct 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). 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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply
with the requirements of this section shall be cause for immediate termination of this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYERÓS LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at minimum statutory limits as required by Florida
Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
$100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all hired
vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of
liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar
daysÓ written notice shall be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be primary
insurance with respect to the COUNTY, its officials, employees, agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKERÓS COMPENSATION.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNTY and 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
Agreement entered into by the COUNTY be required to contain any provision for waiver.
10. 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
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statement contained in this agreement shall be construed so as to find CONTRACTOR or any of
his employees, subcontractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
11. NONDISCRIMINATION
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), as 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; 11) All requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended;
and 12) Any other nondiscrimination provisions in any Federal or state statutes which may apply
to the parties to, or the subject matter of, this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County Commissioners
of 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 sub 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 additional obligation upon the board.
13. COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by
all laws of the Federal and State government, ordinances, rules and regulations pertaining to, or
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regulating the provisions of, such services, including those now in effect and hereinafter adopted.
Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and
State government. 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 Agreement.
CONTRACTOR shall possess proper licenses to perform work in accordance with these
specifications throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
et. seq., Florida Statutes. 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 oneÓs agency; unauthorized compensation; misuse of
public position, conflicting employment or contractual relationship; and disclosure or use of
certain information.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all
programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends,
supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall
apply whether or not such program is required by statute, as a condition of probation, or is provided
on a voluntary basis.
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.
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTYÓS credit or make it a guarantor of payment
or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
16. 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: FOR CONTRACTOR:
Richard Strickland, Exec. Director of Airports Island Fence
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Key West International Airport Attn: Anthony Galvan
th
3491 South Roosevelt Blvd. 1109 17 Terrace
Key West, Fl. 33040 Key West, Fl. 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR
shall not be exempted by virtue of the COUNTYÓS exemption from paying sales tax to its suppliers
for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized
to use the COUNTYÓS Tax Exemption Number in securing such materials. CONTRACTOR shall
be responsible for any and all taxes, or payments of withholding, related to services rendered under
this agreement.
18. TERMINATION
A. Termination for Convenience: 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. 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. 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 CountyÓs False
Claims Ordinance, located at Section 2-721 et al. of the Monroe County Code.
B.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 County 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 five (5) calendar daysÓ 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 to the Contractor under this agreement prior
to termination, unless the cost of completion to the County exceeds the funds remaining in the
contract; however, the County reserves the right to assert and seek an offset for damages caused
by 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 CountyÓs False Claims Ordinance, located at Section 2-721 et
al. of the Monroe County Code. 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) days
written notification to the Contractor.
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19. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to Agreements 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 will lie in the appropriate court
or before the appropriate administrative body in Monroe County, Florida.
20. MEDIATION
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. 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.
21. 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.
22. ATTORNEYÓS FEES AND COSTS
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 attorneyÓs fees
and attorneyÓs fees, in appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
23. 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 COUNTY and
CONTRACTOR. 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 a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
24. 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
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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.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to
the benefit of COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
26. 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.
27. 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 proposals, and funding solicitations shall be approved by each party
prior to submission.
28. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workersÓ 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.
29. 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. 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.
30. 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
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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.
31. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace
Statement, a Non-Collusion Affidavit, a Vendor Certification Regarding Scrutinized Businesses,
an Affidavit Attesting to Noncoercive Conduct for Labor and Services.
32. 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.
33. 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
and any of the parties hereto may execute this Agreement by signing any such counterpart.
34. 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.
35. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a Construction Manager,
supplier, subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
36. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore; this
agreement is not to be construed against either party on the basis of authorship.
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents and addenda are incorporated by reference
in this contract agreement.
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38. ANNUAL APPROPRIATION
The CountyÓs performance and obligation to pay under this agreement 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.
39. FEDERAL AND STATE CONTRACT REQUIREMENTS (as applicable)
Provisions Required by Federal Law, 2 CFR part 200.
A. Equal Employment Opportunity, No Discrimination Provisions:
Contractor and County agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. Contractor or County agrees 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 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 disability; 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 patient records; 8) Title VIII of the
Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to nondiscrimination in
the sale, rental or financing of housing; 9) The Americans with Disabilities Act of 1990 (42 USC
s. 12101 Note), as may be amended from time to time, relating to nondiscrimination on the basis
of disability; 10) Monroe County Code Chapter 14, Article II, which prohibits discrimination on
the basis of race, color, sex, religion, 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.
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 41C.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:
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
3578
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.
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 (7) 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
3579
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.
B. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program, Homeland
Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program, all prime construction
contracts in excess of $2,000 awarded by non-Federal entities must comply with the Davis-Bacon
Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department of Labor
regulations (29 CFR Part 5, ÐLabor Standards Provisions Applicable to Contracts Covering
Federally Financed and Assisted ConstructionÑ). In accordance with the statute, contractors must
be required to pay wages to laborers and mechanics at a rate not less than the prevailing wages
specified in a wage determination made by the Secretary of Labor. In addition, contractors must
be required to pay wages not less than once a week. If applicable, the County must place a current
prevailing wage determination issued by the Department of Labor in each solicitation. The
decision to award a contract or subcontract must be conditioned upon the acceptance of the wage
determination. The County must report all suspected or reported violations to the Federal awarding
agency.
When required by Federal program legislation, which includes emergency Management
Preparedness Grant Program, Homeland Security Grant Program, Nonprofit Security Grant
Program, Tribal Homeland Security Grant Program, Port Security Grant Program and Transit
Security Grant Program (it does not apply to other FEMA grant and cooperative agreement
programs, including the Public Assistance Program), the contractors, in contracts for construction
or repair work above $2,000 in situations where the Davis-Bacon also applies, must also comply
with the Copeland ÐAnti-KickbackÑ Act (40 U.S.C. § 3145), as supplemented by Department of
Labor regulations (29 CFR Part 3, ÐContractors and Subcontractors on Public Building or Public
Work Financed in Whole or in Part by Loans or Grants from the United StatesÑ). As required by
the Act, each contractor or subrecipient is prohibited from inducing, by any means, any person
employed in the construction, completion, or repair of public work, to give up any part of the
compensation to which he or she is otherwise entitled. The COUNTY must report all suspected or
reported violations to the Federal awarding agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by reference
into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. § 5.12.
Additionally, in accordance with the regulation, each contractor and subcontractor must furnish
each week a statement with respect to the wages paid each of its employees engaged in work
covered by the Copeland Anti-Kickback Act and the Davis Bacon Act during the preceding weekly
payroll period. The report shall be delivered by the contractor or subcontractor, within seven days
357:
after the regular payment date of the payroll period, to a representative of a Federal or State agency
in charge at the site of the building or work.
C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
which includes all FEMA grant and cooperative agreement programs, all contracts awarded by the
County in excess of $100,000 that involve the employment of mechanics or laborers must comply
with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations (29 CFR
Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of every
mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of the
standard workweek is permissible provided that the worker is compensated at a rate of not less
than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the
workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and provide
that no laborer or mechanic must be required to work in surroundings or under working conditions
which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchases
of supplies or materials or articles ordinarily available on the open market, or contracts for
transportation or transmission of intelligence.
Compliance with the Contract Work Hours and Safety Standards Act.
(1) Overtime requirements. No contractor or subcontractor contracting for any part of
the contract work which may require or involve the employment of laborers or mechanics
shall require or permit any such laborer or mechanic in any workweek in which he or she
is employed on such work to work in excess of forty hours in such workweek unless such
laborer or mechanic receives compensation at a rate not less than one and one-half times
the basic rate of pay for all hours worked in excess of forty hours in such workweek.
(2) Violation; liability for unpaid wages; liquidated damages. In the event of any
violation of the clause set forth in paragraph 29 C.F.R. § 5.5(b)(1) the contractor and any
subcontractor responsible therefor shall be liable for the unpaid wages. In addition, such
contractor and subcontractor shall be liable to the United States (in the case of work done
under contract for the District of Columbia or a territory, to such District or to such
territory), for liquidated damages. Such liquidated damages shall be computed with respect
to each individual laborer or mechanic, including watchmen and guards, employed in
violation of the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(1), in the sum of $27 for
each calendar day on which such individual was required or permitted to work in excess of
the standard workweek of forty hours without payment of the overtime wages required by
the clause set forth in paragraph29 C.F.R. § 5.5 (b)(1).
(3) Withholding for unpaid wages and liquidated damages. The Federal agency* shall
upon its own action or upon written request of an authorized representative of the
Department of Labor withhold or cause to be withheld, from any moneys payable on
account of work performed by the contractor or subcontractor under any such contract or
any other Federal contract with the same prime contractor, or any other federally-assisted
contract subject to the Contract Work Hours and Safety Standards Act, which is held by
the same prime contractor, such sums as may be determined to be necessary to satisfy any
liabilities of such contractor or subcontractor for unpaid wages and liquidated damages as
provided in the clause set forth in paragraph 29 C.F.R. § 5.5 (b)(2).
(4) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clauses set forth in paragraph 29 C.F.R. § 5.5 (b)(1) through (4) and also a clause requiring
the subcontractors to include these clauses in any lower tier subcontracts. The prime
3581
contractor shall be responsible for compliance by any subcontractor or lower tier
subcontractor with the clauses set forth in paragraphs 29 C.F.R. § 5.5 (1) through (4).
D. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of Ðfunding agreementÑ under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that Ðfunding agreement,Ñ the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, ÐRights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,Ñ and
any implementing regulations issued by the awarding agency.
E. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C.
1251-1387). Contractor agrees to comply with all applicable standards, orders or regulations issued
pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal Water Pollution Control
Act as amended (33 U.S.C. §§1251-1387) and will report violations to FEMA and the Regional
Office of the Environmental Protection Agency (EPA). The Clean Air Act (42 U.S.C. 7401-
7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-1387), as amendedÏapplies
to Contracts and subgrants of amounts in excess of $150,000.
F. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2 CFR
180.220) must not be made to parties listed on the governmentwide exclusions in the System for
Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180 that implement
Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR part 1989 Comp., p.
235), ÐDebarment and Suspension.Ñ SAM Exclusions contains the names of parties debarred,
suspended, or otherwise excluded by agencies, as well as parties declared ineligible under statutory
or regulatory authority other than Executive Order 12549.
G. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an award
exceeding $100,000 must file the required certification. Each tier certifies to the tier above that it
will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in connection
with obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each
tier must also disclose any lobbying with non-Federal funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the non-Federal
award.
H. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
Contractor must comply with section 6002 of the Solid Waste disposal Act, as amended, by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR part
247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
procuring solid waste management services in a manner that maximizes energy and resource
3582
recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines. In the performance of this contract, the Contractor shall
make maximum use of products containing recovered materials that are EPA-designated items
unless the product cannot be acquiredÏ
1. Competitively within a timeframe providing for compliance with the contract
performance schedule;
2. Meeting contract performance requirements; or
3. At a reasonable price.
Information about this requirement, along with the list of EPA-designated items, is available at
EPAÓs Comprehensive Procurement Guidelines web site,
https://www.epa.gov/smm/comprehensive-procurement-guideline-cpg-program. The Contractor
also agrees to comply with all other applicable requirements of Section 6002 of the Solid Waste
Disposal Act.
Other Federal Requirements:
I. Americans with Disabilities Act of 1990, as amended (ADA). The Contractor will comply with
all the requirements as imposed by the ADA, the regulations of the Federal government issued
thereunder, and the assurance by the Contractor pursuant thereto.
J. Disadvantaged Business Enterprise (DBE) Policy and Obligation. It is the policy of the County
that DBEÓs, 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 DBEÓs have the opportunity
to participate in the performance of this 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 in
detail below), applicable federal and state laws and regulations to ensure that the DBEÓs have the
opportunity to compete for and perform contracts. The County and the Contractor and
subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award
and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMENÓS BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR
shall take the following affirmative steps to assure that minority businesses, womenÓs business
enterprises, and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller tasks
or quantities to permit maximum participation by small and minority businesses, and women's
business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
3583
(5) Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
K. E-Verify. Beginning January 1, 2021, in accordance with Section 448.095, Florida Statutes,
as may be amended from time to time, the Contractor and any subcontractor shall register with and
shall utilize the U.S. Department of Homeland SecurityÓs 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 SecurityÓs 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 maintain a
copy of such affidavit for the duration of the contract. The Contractor shall comply with and be
subject to the provisions of Section 448.095, Florida Statutes. Pursuant to Section 448.095:
1. A public agency, Bidder, or subcontractor who has a good faith belief that a person or an entity
with which it is contracting has knowingly violated s. 448.09(1) shall terminate the contract with
the person or entity.
2. A public agency that has a good faith belief that a subcontractor knowingly violated this
subsection, but the Bidder otherwise complied with this subsection, shall promptly notify the
Bidder and order the Bidder to immediately terminate the contract with the subcontractor.
3. A contract terminated under this paragraph is not a breach of contract and may not be considered
as such. If a public agency terminates a contract with a Bidder under this paragraph, the Bidder
may not be awarded a public contract for at least 1 year after the date on which the contract was
terminated. A Bidder is liable for any additional costs incurred by a public agency as a result of
the termination of a contract.
L. Access to Records. Contractor and their successors, transferees, assignees, and subcontractors
acknowledge and agree to comply with applicable provisions governing the Department of
Homeland Security (DHS) and the Federal Emergency Management AgencyÓs (FEMA) access to
records, accounts, documents, information, facilities, and staff. Contractors must; 1. Cooperate
with any compliance review or complaint investigation conducted by DHS, 2. Give DHS access
to and the right to examine and copy records, accounts, and other documents and sources of
information related to the grant and permit access to facilities, personnel, and other individuals
and information as may be necessary, as required by DHS regulations and other applicable laws
or program guidance, 3. Submit timely, complete, and accurate reports to the appropriate DHS
officials and maintain appropriate backup documentation to support the reports. In compliance
with the Disaster Recovery Act of 2018, the County and the Contractor acknowledge and agree
that no language in this contract is intended to prohibit audits or internal reviews by the FEMA
Administrator or the Comptroller General of the United States.
M. DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security
seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without specific
FEMA approval. The Contractor shall include this provision in any subcontracts.
3584
N. Changes to Contract. The Contractor understands and agrees that any cost resulting from a
change or modification, change order, or constructive change of the agreement must be within the
scope of any Federal grant or cooperative agreement that may fund this Project and be reasonable
for the completion of the Project. Any contract change or modification, change order or
constructive change must be approved in writing by both the COUNTY and Contractor.
O. Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund the contract. The contractor
will comply will all applicable federal law, regulations, executive orders, FEMA policies,
procedures, and directives.
P. No Obligation by Federal Government. The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor,
or any other party pertaining to any matter resulting from the contract.
Q. Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the contractor
acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims and
Statements) applies to the contractor's actions pertaining to this contract.
R. Florida Division of Emergency Management Requirements:
The Contractor is bound by any terms and conditions of the Federally-Funded Sub award and
Grant Agreement between County and the Florida Division of Emergency Management. The
Contractor shall hold the Division and County harmless against all claims of whatever nature
arising out of the ContractorÓs performance of work under this Agreement, to the extent allowed
and required by law.
S. Scrutinized Businesses:
For Contracts of any amount, if the County determines that the Contractor 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 written notice and an
opportunity to demonstrate the agencyÓs 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.
T. Prohibition on certain telecommunications and video surveillance services or equipment as set
forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and subcontractors
may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend or renew a
contract to procure or obtain; or (3) Enter into a contract (or extend or renew a contract) to procure
or obtain equipment, services, or systems that uses covered telecommunications equipment or
services as a substantial or essential component of any system, or as critical technology as part of
any system. As described in Public Law 115-232, section 889, covered telecommunications
equipment is telecommunications equipment produced by Huawei Technologies Company or ZTE
Corporation (or any subsidiary or affiliate of such entities).
3585
(i) For the purpose of public safety, security of government facilities, physical security surveillance
of critical infrastructure, and other national security purposes, video surveillance and
telecommunications equipment produced by Hytera Communications Corporation, Hangzhou
Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or
affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by an
entity that the Secretary of Defense, in consultation with the Director of the National Intelligence
or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned
or controlled by, or otherwise connected to, the government of a covered foreign country.
U. Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and
CONTRACTOR should, to the great extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but
not limited to iron, aluminum, steel, cement, and other manufactured products). These
requirements of this section must be included in all subawards including contracts and purchase
orders for work or products under federal award. For purposes of this section:
(1) ÐProduced in the United StatesÑ means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the United
States. (2) ÐManufactured productsÑ means items and construction materials composed in whole
or in part of non-ferrous metals such as aluminum; plastics and polymer-based products such as
polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and lumber.
V. Energy Efficiency (if applicable) CONTRACTOR will comply with the Energy Policy and
Conservation Act (P.L. 94-163; 42 U.S.C. 6201-6422) and with all mandatory standards and
policies relating to energy efficiency and the provisions of the state Energy Conservation Plan
adopted pursuant thereto.
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REQUESTSFOR BIDS
PERIMETER FENCE MAINTENANCE, REPAIR
& MODIFICATION
KEY WEST INTERNATIONAL AIRPORT
M ONROE C OUNTY, F LORIDA
BOARD OF COUNTY COMMISSIONERS
Mayor James K. Scholl, District 3
Mayor Pro Tem, Michelle Lincoln, District 2
Commissioner Craig Cates, District 1
Commissioner David Rice, District 4
Commissioner Holly Raschein, District 5
COUNTY ADMINISTRATOR
CHRISTINE HURLEY
CLERK OF THE CIRCUIT COURT EXEC. DIRECTOR OF AIRPORTS
KEVIN MADOKRICHARD STRICKLAND
AUGUST 2025
359:
TABLE OF CONTENTS
PAGE
NOTICE OF CALLING FOR BID 1
SECTION ONE
INSTRUCTIONS TO BIDDERS 4
SECTION TWO
DRAFT AGREEMENT 14
SECTION THREE
BID DOCUMENTS 34
FORMS 36
1
35:1
NOTICE OF REQUEST FOR COMPETITIVE SOLICITATIONS
NOTICE ISHEREBYGIVEN that on Wednesday, September 3, 2025, at 3:00 P.M., the
Monroe County Purchasing Office will receive and open sealed responses for the following:
Perimeter Fence Maintenance, Repair, and Modification
Key West International Airport
Monroe County, Florida
Pursuant toF.S. § 50.0211(3)(a), all published competitive solicitation notices canbe
viewed at: www.floridapublicnotices.com,a searchable Statewide repository for all
publishedlegalnotices. Requirementsforsubmissionandtheselectioncriteriamaybe
requested from the County’s electronic bidding platform at https://monroecounty-
fl.bonfirehub.com OR www.monroecounty-fl.gov/BonfireBids. The PublicRecord is available
upon request.
Monroe County Purchasing Department receives bids via the Bonfire electronic bidding
platform. Please do not email, mail or attempt to deliver in person any sealed bids.
Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted.
The Monroe County Purchasing Department hereby directs thatbids be submitted via the
Bonfire electronic bidding platform at https://monroecounty-fl.bonfirehub.com,no later than
3:00P.M. on Wednesday, September 3, 2025. There is no cost to the bidder to use the Bonfire
platform.
Please do not submit your confidential financialinformationas part of your proposal. There
are separate uploads for each set of documents, including confidential financial information. All
proposals will be made public on the platform after an intended decision or 30 days, whichever is
earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal
document includes financial information, that information will not be considered confidential
and will be available and viewable to the public in accordance with public records law. In the
event of a discrepancy between the bid amount on the Proposal Form and the bid amount entered
in Bonfire, the bid amount listed in the “Proposal Form” provided by Monroe County in the RFP
is the amount that will be utilized by the County when considering the bid proposal. The County
reserves the right to waive any proposal/bid irregularity.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
Wednesday, September 3, 2025. You may call in by phone or internet using the following:
Join Zoom Meeting
https://mcbocc.zoom.us/j/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805,,4509326156# US (New York)
+16699006833,,4509326156# US (San Jose)
Dial by your location:
2
35:2
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
Publication Dates
Keys Citizen: Sat., 08/02/2025
Keys Weekly: Thur., 08/07/2025
News Barometer: Fri., 08/08/2025
3
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SECTION ONE
INSTRUCTIONS TO BIDDERS
1. DESCRIPTION
The Contractor shall furnish all labor, materials, equipment, tools, transportation, services, and
incidentals, and perform all the work necessary in accordance with the specifications entitled:
PERIMETER FENCE MAINTENANCE, REPAIR & MODIFICATION
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
2. SPECIFICATIONS
A. Routine repairs and requested maintenance or modifications of all perimeter
fencing at Key West International Airport.
B. Emergency repairs and/or modifications of perimeter fencing at Key West
International Airport. The CONTRACTOR shall be available 24 hours per day, 365 days per
year. The CONTRACTOR shall be at the site of a required fence repair/modification within
three (3) hours of verbal or written notification by the COUNTY. The CONTRACTOR shall
provide an after hours contact person and phone number. The COUNTY, upon award of the
contract, shall provide a contact person and phone number for building and equipment access.
C. The CONTRACTOR shall have access to a supply of all parts and materials
normally necessary for routine and emergency repairs and/or modifications of perimeter fencing
at Key West International Airport so that such emergency repairs and/or modifications will be
completed within 48 hours of notification by the COUNTY.
D. The COUNTY shall reimburse the CONTRACTOR for the Manufacturer’s
invoice cost of all parts and materials (except freight, tax, services supplied by others and
equipment rental), plus percentage indicated in section 4 of the bid form, that are used in the
repair modifications of perimeter fencing at Key West International Airport.. Manufacturer’s
invoice must accompany all requests for payment.All parts and materials shall be of equal or
greater quality as compared to existing parts and materials in use.
E. On all orders that require shipping or transportation of parts or materialswhether
the part is under warranty or not, freight invoices must accompany requests for payment.
3. COPIES OF REQUEST FOR BID (RFB) DOCUMENTS
A. Only complete sets of RFBDocuments will be issued and shall be used in
preparing the proposal. The Countydoes not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B.Complete sets of RFBDocuments may be obtained in the manner and at the
location stated in the Notice of Requesting for Proposals.
4. RFB REQUIREMENTS (MUST BE SUBMITTED WITH BID)
A. Each bid must contain evidence of the respondent’s qualifications to do business
in the area where the project is located.
B. To demonstrate qualifications to perform the work, each respondentshall submit
written evidence as to previous successful contractual and technical experience in similar work
including references, description, volume of present commitments, evidence of possession of
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valid state, county, and local licenses covering all operations and all areas of political jurisdiction
involved in the work of this project and such other data as may be requested by the County.
C.Provide evidence such as an insurance Agents Statement that the required
insurance limits are met, or are able to be obtained.
D. The Non-Collusion Affidavit, Lobbying and Conflict of Interest Clause Form,
Drug Free Workplace Form, Public Entity Crime Statement, Vendor Certification Regarding
Scrutinized Companies and the Respondent’s Insurance and Indemnification Statement must be
submitted with bid.
5. DISQUALIFICATION OF BIDDER
A. NON-COLLUSION AFFIDAVIT: Any person submitting a bid in response to
this invitation must execute the enclosed NON-COLLUSION AFFIDAVIT. If it is discovered
that collusion exists among the Respondents, the bidsof all participants in such collusion shall be
rejected, and no participants in such collusion will be considered in future proposals for the same
work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the
convicted vendor list following a conviction for a public entity crime may not submit a proposal
or bid on a contract to provide any goods or services to a public entity, may not submit a
proposal or bid on a contract with a public entity for the construction or repair of a public
building or public work, may not submit proposals on leases 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list. Category Two: $35,000.00
C. DRUG-FREE WORKPLACE FORM: Any person submitting a bid or proposal
in response to this invitation must execute the enclosed DRUG-FREE WORKLACE FORM and
submit it with his proposal. Failure to complete this form in every detail and submit it with the
bid or proposal may result in immediate disqualification of the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person
submitting a bid or proposal in response to this invitation must execute the enclosed LOBBYING
AND CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to
complete this form in every detail and submit it with the bid or proposal may result in immediate
disqualification of the bid or proposal.
E. SCRUTINIZED COMPANIES: For Contracts of any amount, if the County
determines that the Bidder 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 Bidder 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.
For Contracts of $1,000,000 or more, if the County determines that the Bidder submitted a false
certification under Section 287.135(5), Florida Statutes, or if the Bidder has been placed on the
Scrutinized Companies with Activities in the Sudan List, the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in
5
35:5
Cuba or Syria, the County shall have the option of (1) terminating the Agreement after it has
given the Bidder 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.
F. AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES. Any entity submitting a bid or proposal in response to this RFP must execute the
enclosed AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES and submit it with his bid or proposal. Failure to complete this affidavit in every
detail and submit it with your bid or proposal may result in immediate disqualification of your
bid or proposal.
6. EXAMINATION OF RFB and BID DOCUMENTS
A. Each Bidder/Respondent shall carefully examine the RFBand other contract
documents, and inform himself thoroughly regarding any and all conditions and requirements
that may in any manner affect cost, progress, or performance of the work to be performed under
the contract. Ignorance on the part of the Bidder/Respondentwill in no way relieve him of the
obligations and responsibilities assumed under the contract.
B.Should a Bidder/Respondent find discrepancies or ambiguities in, or omissions
from, the specifications, or should he be in doubt as to their meaning, he shall at once notify the
County.
7. INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Bidder/Respondent as to the meaning of the
contract documents. Any inquiry or request for interpretation received seven (7) or more days
(excluding Saturdays, Sundays, and holidays) prior to the date fixed for opening of responses
will be given consideration. Please address any questions to Tyler Bethel via email: Bethel-
Tyler@monroecounty-fl.gov. A summary of questions received and answers provided will be
made in writing in the form of an addendum and, if issued, shall be posted on Bonfire and a
notification will be furnished by Bonfire to all known prospective Respondents listed as
planholders prior to the established Response opening date. It shall be the Respondents sole
responsibility thereafter to download the addendum. Each respondent shall acknowledge receipt
of such addenda in the space provided therefore in the proposal form. In case any respondent
fails to acknowledge receipt of such addenda or addendum, his proposal will nevertheless be
construed as though it had been received and acknowledged and the submission of his/her
proposal will constitute acknowledgment of the receipt of same. All addenda are a part of the
bid documents and each respondent will be bound by such addenda, whether or not received by
him/her. It is the responsibility of each respondent to verify that he/she has received all addenda
issued before proposals are opened. Any bidder wishing a walkthrough of the property should
contact Tyler Bethel at 305.797.2006 to schedule an appointment.
8. GOVERNING LAWS AND REGULATIONS
A. The Bidder/Respondent is required to be familiar with and shall be responsible for
complying with all federal, state, and local laws, ordinances, rules, and regulations that in any
manner affect the work. Knowledge of occupational license requirements and obtaining such
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35:6
licenses for Monroe County and municipalities within Monroe County are the responsibility of
the Bidder/Respondent.
B.The Bidder/Respondent shall include in his bid prices all sales, consumer, use,
and other taxes required to be paid in accordance with the law of the State of Florida and the
County of Monroe.
9. PREPARATION OF BID
Signature of the Respondent/Bidder: The Bidder/Respondentmust sign the bidforms in
the space provided for the signature. If the Bidder/Respondent is an individual, the words “doing
business as ____________”, or “Sole Owner” must appear beneath such signature. In the case of
a partnership, the signature of at least one of the partners must follow the firm name and the
words “Member of the Firm” should be written beneath such signature. If the
Bidder/Respondent is a corporation, the title of the officer signing the proposal on behalf of the
corporation must be stated along with the Corporation Seal Stamp and evidence of his authority
to sign the proposal must be submitted. The Bidder/Respondent shall state in the Bid/Proposal
the name and address of each person interested therein.
10. SUBMISSION OF BID
All proposals must be submitted in accordance with the instructions in the Notice of
Request for Competitive Solicitations in this RFP. To be considered, please submit proposals no
later than 3 pm on Wednesday, September 3, 2025. No proposals will be accepted after 3 pm.
Bonfire will not allow any proposals to be uploaded after the time and date for receipt of
proposals. The respondent shall bear all costs associated with the preparation and submission.
Information submitted in response to this RFP will become the property of the County and is
subject to Florida public records law.
Monroe County Purchasing Department receives bids via the Bonfire electronic bidding
platform. Please do not email, mail or attempt to deliver in person any sealed bids.
Emailed/mailed/physically delivered bids/proposals/responses WILL NOT be accepted.
Please do not submit your confidential financialinformationas part of your proposal. There
are separate uploads for each set of documents, including confidential financial information. All
proposals will be made public on the platform after an intended decision or 30 days, whichever is
earlier, unless the bids/proposals are rejected in accordance with F.S. 119.071. If your proposal
document includes financial information, that information will not be considered confidential
and will be available and viewable to the public in accordance with public records law. In the
event of a discrepancy between the bid amount on the Proposal Form and the bid amount entered
in Bonfire, the bid amount listed in the “Proposal Form” provided by Monroe County in the RFP
is the amount that will be utilized by the County when considering the bid proposal. The County
reserves the right to waive any proposal/bid irregularity.
The bid opening for this solicitation will be held virtually, via the internet, at 3:00 P.M., on
Wednesday, September 3, 2025. You may call in by phone or internet using the following:
Join Zoom Meeting
7
35:7
https://mcbocc.zoom.us/j/4509326156
Meeting ID: 4509326156
One tap mobile:
+16465189805,,4509326156# US (New York)
+16699006833,,4509326156# US (San Jose)
Dial by your location:
+1 646 518 9805 US (New York)
+1 669 900 6833 US (San Jose)
11. CONTENT OF SUBMISSION
The e-mail bidsubmitted in response to this RFBshall be clear and concise and provide
the information requested herein. The bid shall be organized and sections tabbed. Statements
submitted without the required information will not be considered. Bids shall be organized as
indicated below. The bidder should not withhold any information from the written response in
anticipation of presenting the information orally or in a demonstration. Each Bidder/Respondent
must submit adequate documentation to certify the Bidder’s/Respondent’s compliance with the
County’s requirements. Bidder/Respondent should focus specifically on the information
requested.
The following information, at a minimum, shall be included in the Submittal:
A. COVER PAGE
A cover page that states “BID – PERIMETER FENCE MAINTENANCE,
REPAIR & MODIFICATION”. The cover page should contain Bidder’s/Respondent’s name,
address, telephone number, and the name of the Bidder’s/Respondent’scontact person and their
e mail address.
B. TABBED SECTIONS
Tab 1. General Information
1. A list of the entity’s shareholders with five (5) percent or more of
the stock or, if a general partnership, a list of the general partners; or, if a limited liability
company, a list of its members; if unincorporated and not a partnership, the name(s) of owners.
2. A list of the officers and directors of the entity;
3. The number of years the entity has been operating and, if different,
the number of years it has been providing the services, goods, or construction services called for
in the RFB;
4. The number of years the entity has operated under its present name
and any prior names;
5. Whether, within the last five (5) years, an officer, general partner,
controlling shareholder or major creditor of the bidder was an officer, general partner,
controlling shareholder or major creditor of any other entity that failed to perform services or
furnish goods similar to those sought in the request for bids;
6. Customer references (minimum of three), including name, current
address and current telephone number;
7. Credit references (minimum of three), including name, current
address and current telephone number;
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8. Relevant Experience: The Bidder/Respondent shall provide a
project history of the firm or organization demonstrating its experience similar to that requested.
9. Financial statements for the prior three (3) years for the responding
entity or for any entity that is a subsidiary to the responding entity.
10. Any financial information requested by the COUNTY department
involved in the competitive solicitation, related to the financial qualifications, technical
competence, the ability to satisfactorily perform within the contract time constraints, or other
information the department deems necessary to enable the department and Board of County
Commissioners to determine if the person responding is responsible.
Tab 2 Past Performance on Similar Projects
The Respondent shall provide a list of past clients along with the
following:
Name and full address
Name and telephone number of client contact
Date of initiation and completion of contract
Summary of the services and area served.
Tab 3. Maintenance
The bidder shall provide its schedule of maintenance and information
about ability to perform timely repairs, the personnel and qualifications of the persons
performing the service, and the location of the service personnel.
Tab 4. Litigation
Answers to the following questions regarding claims and suits:
a. Has the person, principals, entity, or any entity previously owned,
operated or directed by any of its officers, major shareholders or directors, ever failed to
complete work or provide the goods for which it has contracted? (If yes, provide details.)
b. Are there any judgments, claims, arbitration proceeding or suits
pending or outstanding against the person, principal of the entity, or entity, or any entity
previously owned, operated or directed by any of its officers, directors, or general partners? (If
yes, provide details.)
c. Has the person, principal of the entity, entity, or any entity
previously owned, operated or directed by any of its officers, major shareholders or directors,
within the last five years, been a party to any lawsuit, arbitration, or mediation with regard to a
contract for services, goods or construction services similar to those requested in the
specifications with private or public entities? (If yes, the Respondent shall provide a history of
any past or pending claims and litigation in which the Respondent is involved as a result of the
provision of the same or similar services which are requested or described herein.)
d. Has the person, principal of the entity, or any entity previously
owned, operated or directed by any of its officers, owners, partners, major shareholders or
directors, ever initiated litigation against the county or been sued by the county in connection
with a contract to provide services, goods or construction services? (If yes, provide details)
e. Whether, within the last five (5) years, the owner, an officer,
general partner, principal, controlling shareholder or major creditor of the person or entity was an
9
35:9
officer, director, general partner, principal, controlling shareholder or major creditor of any other
entity that failed to perform services or furnish goods similar to those sought in the request for
competitive solicitation.
f. Has the bidder ever initiated litigation against the county or been
sued by the county in connection with a contract to provide services, goods, or construction
services? (If yes, provide details.)
Tab 5. County Forms and Licenses
Bidder/Respondent shall complete and execute the forms specified
below:
1. Bid Form
2. Lobbying and Conflict of Interest Clause
3. Non-Collusion Affidavit
4. Drug Free Workplace Form
5. Vendor Certification Regarding Scrutinized Companies
6. Affidavit Attesting to Non-Coercive Conduct (F.S. 787.062)
7. Bidder’s Insurance and Indemnification Statement
8. Insurance Agent’s Statement
9. Public Entity Crime Statement
10. Copies of all professional and occupational licenses. Proof of
payment of Monroe County business tax (formerly occupational license)is required to be
obtained within ten days of award of the contract.
12. MODIFICATION OF RESPONSES
Prior to the time and date designated for receipt of proposals, any proposal submitted
may be modified by removing the existing bid from Bonfire and uploading a new complete
proposal.
Proposals may be withdrawn on Bonfire prior to the time of the bid opening. Withdrawn
proposals may be resubmitted on Bonfire up to the time designated for receipt of proposals
provided they are fully in conformance with submission instructions.
13. RESPONSIBILITY FOR RESPONSE
The Bidderis solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
14. RECEIPT AND OPENING OF RESPONSES
Bidswill be received until the designated time and will be publicly opened. Bids shall be
read aloud at the appointed time and place stated in the Notice of Request for Proposals. Monroe
County’s representative authorized to open the Bids will decide when the specified time has
arrived and no bids received thereafter will be considered. No responsibility will be attached to
anyone for the premature opening of a bid not properly addressed and identified. Bidders or
their authorized agents are invited to be present.
15. DETERMINATION OF SUCCESSFUL BIDDER
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The bid shall be awarded to the responsible bidder with the lowest conforming bid.
County reserves the right to reject any and all responses and to waive technical errors and
irregularities as may be deemed best for the interests of the County. Responses that contain
modifications, or are incomplete, unbalanced, conditional, obscure, or that contain additions not
requested or irregularities of any kind, or that do not comply in every respect with the instruction
to respondent and the contract documents, may be rejected at the option of the County.
16. AWARD OF BID
A. The County reserves the right to reject any or all bids, or any part of any bid, to
waive any informality in any bid, or to re-advertise for all or part of the work contemplated. If
bids are found to be acceptable by the County, written notice will be given to the selected bidder
of the acceptance of his proposal.
B.If the award of the bid is annulled, the County may award the bid to another
respondent or the work may be re-advertised or may be performed by other qualified personnel
as the County decides.
C. The County also reserves the right to reject the bid of a respondent who has
previously failed to perform properly or to complete projects of a similar nature on time.
D. Award of a bid is contingent upon approval by the Monroe County Board of
County Commissioners.
E. The recommendation of staff shall be presented to the Board of County
Commissioners of Monroe County, Florida, for final selection and award of contract.
F. The respondent to whom the contract is awarded, as well as respondents fence
installer/lead crewman working in the secure areas of the airport, will be required to;
i. pass a 10 year fingerprint based criminal history records,
ii. pass a security threat assessment check and,
iii. obtain a Secure Identification Display Area (SIDA) badge prior to commencing
ANY fence work.
G. Protest Procedure: Any Bidder/Respondent/Proposer who claims to be adversely
effected by the decision or intended decision to award a contract shall submit in writing a
notice of protest which must be received by the County Attorney’s Office within seventy-
two (72) hours or three (3) business days, whichever is less, after the posting of the notice
of decision or intended decision on Bonfire or posting of the notice of decision or
intended decision on the Monroe County Board of County Commissioners’ (“BOCC”)
agenda, whichever occurs first. Additionally, a formal written protest must be submitted
in writing and must be received by the County Attorney’s Office seventy-two (72) hours
or three (3) business days prior to the BOCC’s meeting date in which the award of
contract by the BOCC will be heard. The only opportunity to address protest claims is
before the BOCC at the designated public meeting in which the agenda item awarding the
contract is heard. In accordance with the Rules of Debate as set forth in the Monroe
County Board of County Commissioners Administrative Procedures, the
Bidder/Respondent/Proposer that filed the protest is responsible for providing the Clerk
with his/her name and residence prior to the agenda item to award the contract being
called in order to preserve their opportunity to be heard on this matter. An individual has
three (3) minutes to address the Commission and a person representing an organization
has five (5) minutes to address the Commission. The BOCC decision to award the
contract is final and at their sole discretion. Failure to timely protest within the times and
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manner prescribed herein shall constitute a waiver of the ability to protest the award of
contract, unless the BOCC determines that it is in the best interest of the County to
excuse the protest waiver. The filing of a protest shall not stop the solicitation,
negotiations, or contract award process, unless it is determined that it is in the best
interest of the County to do so.
17. EXECUTION OF CONTRACT
The Bidder/Respondent with whom a contract is negotiated shall be required to return to
the County two (2) executed counterparts of the prescribed Agreement together with the required
certificates of insurance.
18. CERTIFICATE OF INSURANCE AND INSURANCE REQUIREMENTS
The Bidder/Respondent shall be responsible for all necessary insurance coverage as
indicated below. Certificates of Insurance must be provided to Monroe County within fifteen
(15) days after award of contract, with Monroe County BOCC listed as additional insured as
indicated. If the proper insurance forms are not received within the fifteen (15) day period, the
contract may be awarded to the next selected Bidder/ Respondent. Policies shall be written by
companies licensed to do business in the State of Florida and having an agent for service of
process in the State of Florida. Companies shall have an A.M. Best rating of VI or better. The
required insurance shall be maintained at all times while Bidder/Respondent is providing service
to County.
Worker’s Compensation Statutory Limits
Employers’ Liability Insurance $100,000 Bodily Injury by Accident
$500,000 Disease, policy limits
$100,000 Disease each employee
General Liability, including $300,000 Combined Single Limit
Premises Operation or
Products and Completed Operations $100,000/person; $300,000/occurrence
Blanket Contractual Liability $50,000 Property Damage
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability $100,000/Occurrence; $50,000/Person;
(Owned, non-owned and hired vehicles) $25,000/Property Damage or
$100,000 Combined Single Limit
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER’S COMPENSATION.
19. INDEMNIFICATION
The Bidder/Respondent to whom a contract is awarded shall defend, indemnify and hold
harmless the County as outlined below:
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,
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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, sub-contractors or other invitees during the term of this
AGREEMENT, (B) the negligence or willful misconduct 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). 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 service is delayed or suspended as a result of the Bidder’s failure to
purchase or maintain the required insurance, the Bidder shall indemnify the County from any and all
increased expenses resulting from such delay.
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 expiration or earlier termination of the contract.
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SECTION TWO
DRAFTAGREEMENT
PERIMETER FENCE MAINTENANCE, REPAIR & MODIFICATION
KEY WEST INTERATIONAL AIRPORT
This Agreement is made and entered into this ____ day of ______________, 2025,
between MONROE COUNTY, FLORIDA (“COUNTY”), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and
(“CONTRACTOR”), a
corporation, whose address is
.
WHEREAS, COUNTY desires to have a service provideron call and available to
perform emergency and non-emergency perimeter fence maintenance, repairs & modifications at
Key West International Airport;and
WHEREAS, CONTRACTOR desires and is able to provide emergency and non-
emergency perimeter fence maintenance, repairs & modifications at Key West International
Airport; and
WHEREAS, it serves the best interests of the public to maintain a secure perimeter at
Key West International Airport, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any addenda
to the bid documents.
2. SCOPE OF THE WORK
A. Routine repairs, modifications and requested maintenance of all perimeter fencing
at Key West International Airport.
B. Emergency repairs and/or modifications of perimeter fencing at Key West
International Airport. The CONTRACTOR shall be available 24 hours per day, 365 days per
year. The CONTRACTOR shall be at the site of a required fence repair/modification within
three (3) hours of verbal or written notification by the COUNTY. The CONTRACTOR shall
provide an after hours contact person and phone number. The COUNTY, upon award of the
contract, shall provide a contact person and phone number for building and equipment access.
C.The CONTRACTOR shall have access to a supply of all parts and materials
normally necessary for the emergency repairs and/or modifications of perimeter fencing at Key
West International Airport so that such emergency repairs and/or modifications will be
completed within 48 hours of notification by the COUNTY.
D. The COUNTY shall reimburse the CONTRACTOR for the Manufacturer’s
invoice cost of all parts and materials (except freight, tax, services supplied by others and
equipment rental), plus percentage indicated in section 3D. below, that is used in the
maintenance, repair or modification of perimeter fencing at Key West International Airport.
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Manufacturer’s invoice must accompany all requests for payment. All parts and materials shall
be of equal or greater quality as compared to existing parts and materials in use.
E. On all orders that require shipping or transportation of parts or materials whether
the part is under warranty or not, freight invoices must accompany requests for payment.
3. PAYMENTS TO CONTRACTOR
A.COUNTY’S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
B. COUNTY shall pay in accordance with the Florida Local Government Prompt
Payment Act; payment will be made after delivery and inspection by COUNTY and upon
submission of invoice by CONTRACTOR.
C. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, at completion of the work/repair by the CONTRACTOR
and approval by an appropriate COUNTY representative. Acceptability to the Clerk is based on
generally accepted accounting principles and such laws, rules and regulations as may govern the
Clerk’s disbursal of funds.
D. COUNTY shall pay the actual cost of parts and materials, excluding freight,
equipment rental, tax amounts, and services supplied by others purchased from the manufacturer
plus % to fulfill the obligations of the Contract. Freight, equipment rental, tax
amounts, equipment rental amounts and services supplied by others shall be reimbursed for
amounts charged. A manufacturer’s invoice must accompany all requests for payment. Freight
invoices must accompany all orders that require shipping or transportation of parts whether the
part is under warranty or not.
E. The cost of labor used by the contractor to fulfill the obligation of the Contract
will be calculated using the unit prices set forth in the Contractor’s bid as follows:
Labor – Normal working hours of 8:00 a.m. to 5:00 p.m. Monday through
Friday, excluding holidays:
$ per hour, fence installer/lead crewman
$ per hour, fence Installer/helper
Overtime rate for hours other than the normal working hours as stated
above, including holidays:
$ per hour, fence installer/lead crewman
$ per hour, fence Installer/helper
Such costs must be documented for each maintenance, repair and/ormodificationjob and
Total payments to contractor shall not exceed
included with all Applications for Payment.
$300,000 per year.
Contractor shall submit with all invoices the Application for Payment form attached.
There are no additional costs for travel, mileage, meals, or lodging.
4. TERM OF AGREEMENT
This Agreement shall commence on _______, 2025 and ends upon
______, 2026 unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional four
(4) one year periods at terms and conditions mutually agreeable to the parties, exercisable upon
written notice given at least 30 days prior to the end of the initial term. Unless the context clearly
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indicates otherwise, references to the “term” of this Agreement shall mean the initial term of one
(1) year.
The Contract amount may be adjusted annually in accordance with the percentage change
in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as
reported by the U.S. Bureau of Labor Statistics at December 31 of the previous calendar year
using the most recently published indicator.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licensesshall be submitted to the COUNTY upon execution
of this Agreement.
6. FINANCIAL RECORDS OF CONTRACTOR
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 a period of seven years from the termination
of this agreement or for a period of five years from the submission of the final expenditure report
as per 2 CFR §200.333, 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 years
following the termination of this Agreement or for a period of three years from the submission of
the final expenditure report. If an auditor employed by the COUNTY or Clerk determines that
monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to
CONTRACTOR.
7. PUBLIC ACCESS
Public Records Compliance. Contractor must comply with Florida public records laws,
including but not limited to Chapter 119, Florida Statutes and Section 24 of article I of the
Constitution of Florida. The County and Contractor shall allow and permit reasonable access to,
and inspection of, all documents, records, papers, letters or other “public record” materials in its
possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and
made or received by the County and Contractor in 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 F.S. 119.0701 and the terms and conditions of this contract, the Contractor is
required to:
(1) Keep and maintain public records that would be required by the County to perform the
service.
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(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.
(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.
Contractor shall not transfer custody, release, alter, destroy or otherwise dispose of any public
records unless or otherwise provided in this provision or as otherwise provided by law.
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 AT: MONROE
COUNTY ATTORNEY'S OFFICE, 1111 12TH ST., SUITE 408, KEY WEST, FL
33040, publicrecords@monroecounty-fl.gov, (305) 292-3470.
8. HOLD HARMLESS AND INSURANCE
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, sub-contractors or other invitees
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during the term of this AGREEMENT, (B) the negligence or willful misconduct 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). 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.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to comply
with the requirements of this section shall be cause for immediate termination of this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER’S LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at minimum statutory limits as required by
Florida Law.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
$100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all
hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of
liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury
Liability and Property Damage Liability.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar
days’ written notice shall be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be primary
insurance with respect to the COUNTY, its officials, employees, agents and volunteers.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER’S COMPENSATION.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNTY and 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 Agreement entered into by the COUNTY be required to contain any provision for
waiver.
10. 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
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statement contained in this agreement shall be construed so as to find CONTRACTOR or any of
his employees, subcontractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
11. NONDISCRIMINATION
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 handicaps; 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), as
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; 11) All requirements imposed by or pursuant to Title 49, Code
of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part
21, Nondiscrimination in Federally-assisted programs of the Department of Transportation-
Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be
amended; and 12) Any other nondiscrimination provisions in any Federal or state statutes which
may apply to the parties to, or the subject matter of, this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of 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 sub 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 additional obligation upon the
board.
13.COMPLIANCE WITH LAW AND LICENSE REQUIREMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules and regulations pertaining to,
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or regulating the provisions of, such services, including those now in effect and hereinafter
adopted. Compliance with all laws includes, but is not limited to, the immigration laws of the
Federal and State government. 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
Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with
these specifications throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
et. seq., Florida Statutes. 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.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any and all
programs in Monroe County which the CONTRACTOR sponsors, endorses, recommends,
supervises, or requires for counseling, assistance, evaluation, or treatment. This provision shall
apply whether or not such program is required by statute, as a condition of probation, or is
provided on a voluntary basis.
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.
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY’S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
16. 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: FOR CONTRACTOR:
Richard Strickland, Exec. Director of Airports
Key West International Airport
3491 South Roosevelt Blvd.
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Key West, Fl. 33040
and
Monroe County Attorney
Post Office Box 1026
Key West, FL 33041-1026
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY’S exemption from paying
sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is
CONTRACTOR authorized to use the COUNTY’S Tax Exemption Number in securing such
materials. CONTRACTOR shall be responsible for any and all taxes, or payments of
withholding, related to services rendered under this agreement.
18. TERMINATION
A.Termination for Convenience: 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. 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. 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.
B. 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 County 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 five (5) calendar days’ 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 to the Contractor under this
agreement prior to termination, unless the cost of completion to the County exceeds the funds
remaining in the contract; however, the County reserves the right to assert and seek an offset for
damages caused by 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. 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) days written notification to the Contractor.
19. GOVERNING LAW, VENUE, INTERPRETATION, COSTS, AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State
of Florida applicable to Agreements 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 will lie in the
appropriate court or before the appropriate administrative body in Monroe County, Florida.
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20.MEDIATION
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. 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.
21. 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.
22. ATTORNEY’S FEES AND COSTS
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 attorney’s fees, in appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
23. 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 COUNTY and
CONTRACTOR. 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 a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
24. 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.
25. BINDING EFFECT
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The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
26. 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.
27. 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 proposals, and funding solicitations shall be approved by each
party prior to submission.
28. 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.
29. 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. 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.
30. 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.
31. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, a Drug-Free Workplace
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Statement, a Non-Collusion Affidavit, a Vendor Certification Regarding Scrutinized Businesses,
an Affidavit Attesting to Noncoercive Conduct for Labor and Services.
32. 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.
33. 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
and any of the partieshereto may execute this Agreement by signing any such counterpart.
34. 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.
35. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to a public entity, may not be awarded or perform work as a Construction Manager,
supplier, subcontractor, or consultant under a contract with any public entity, and may not
transact business with any public entity in excess of the threshold amount provided in Section
287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list."
36. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore;this
agreement is not to be construed against either party on the basis of authorship.
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents and addenda are incorporated by
reference in this contract agreement.
38. ANNUAL APPROPRIATION
The County’s performance and obligation to pay under this agreement 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.
39. FEDERAL AND STATE CONTRACT REQUIREMENTS (as applicable)
Provisions Required by Federal Law, 2 CFR part 200.
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A. Equal Employment Opportunity, No Discrimination Provisions:
Contractor and County agree that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. Contractor or County agrees 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 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 patient records; 8)
Title VIII of the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 12101 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 14, Article II,
which prohibits discrimination on the basis of race, color, sex, religion, 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.
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 41C.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:
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 by the
contracting officer 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
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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 by the agency contracting officer, advising the labor union or workers'
representative of the contractor's commitments under section 202 of Executive Order 11246 of
September 24, 1965, 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 contracting agency and the Secretary of Labor for purposes of investigation to
ascertain compliance with such rules, regulations, and orders.
7) In the event of the contractor's non-compliance with the nondiscrimination
clauses of this contract or with any of such 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 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 (7) 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.
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B. Davis-Bacon Act, as amended (40 U.S.C. §§3141-3148). When required by Federal program
legislation, which includes emergency Management Preparedness Grant Program, Homeland
Security Grant Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant
Program, Port Security Grant Program and Transit Security Grant Program, all prime
construction contracts in excess of $2,000 awarded by non-Federal entities must comply with the
Davis-Bacon Act (40 U.S.C. §§3141-3144, and §§3146-3148) as supplemented by Department
of Labor regulations (29 CFR Part 5, “Labor Standards Provisions Applicable to Contracts
Covering Federally Financed and Assisted Construction”). In accordance with the statute,
contractors must be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In addition,
contractors must be required to pay wages not less than once a week. If applicable, the County
must place a current prevailing wage determination issued by the Department of Labor in each
solicitation. The decision to award a contract or subcontract must be conditioned upon the
acceptance of the wage determination. The County must report all suspected or reported
violations to the Federal awarding agency. When required by Federal program legislation, which
includes emergency Management Preparedness Grant Program, Homeland Security Grant
Program, Nonprofit Security Grant Program, Tribal Homeland Security Grant Program, Port
Security Grant Program and Transit Security Grant Program (it does not apply to other FEMA
grant and cooperative agreement programs, including the Public Assistance Program), the
contractors must also comply with the Copeland “Anti-Kickback” Act (40 U.S.C. § 3145), as
supplemented by Department of Labor regulations (29 CFR Part 3, “Contractors and
Subcontractors on Public Building or Public Work Financed in Whole or in Part by Loans or
Grants from the United States”). As required by the Act, each contractor or subrecipient is
prohibited from inducing, by any means, any person employed in the construction, completion,
or repair of public work, to give up any part of the compensation to which he or she is otherwise
entitled. The COUNTY must report all suspected or reported violations to the Federal awarding
agency.
(1) Contractor. The contractor shall comply with 18 U.S.C. § 874, 40 U.S.C. § 3145,
and the requirements of 29 C.F.R. pt. 3 as may be applicable, which are incorporated by
reference into this contract.
(2) Subcontracts. The contractor or subcontractor shall insert in any subcontracts the
clause above and such other clauses as the FEMA may by appropriate instructions require, and
also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts.
The prime contractor shall be responsible for the compliance by any subcontractor or lower tier
subcontractor with all of these contract clauses.
(3) Breach. A breach of the contract clauses above may be grounds for termination of
the contract, and for debarment as a contractor and subcontractor as provided in 29 C.F.R. §
5.12.
C. Contract Work Hours and Safety Standards Act (40 U.S.C. 3701-3708). Where applicable,
which includes all FEMA grant and cooperative agreement programs, all contracts awarded by
the County in excess of $100,000 that involve the employment of mechanics or laborers must
comply with 40 U.S.C.§§ 3702 and 3704, as supplemented by Department of Labor regulations
(29 CFR Part 5). Under 40 U.S.C. §3702 of the Act, each contractor must compute the wages of
every mechanic and laborer on the basis of a standard workweek of 40 hours. Work in excess of
the standard workweek is permissible provided that the worker is compensated at a rate of not
less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in
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the workweek. The requirements of 40 U.S.C. 3704 are applicable to construction work and
provide that no laborer or mechanic must be required to work in surroundings or under working
conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the
purchases of supplies or materials or articles ordinarily available on the open market, or contracts
for transportation or transmission of intelligence.
D. Rights to Inventions Made Under a Contract or Agreement. If the Federal award meets the
definition of “funding agreement” under 37 CFR §401.2 (a) and the recipient or subrecipient
wishes to enter into a contract with a small business firm or nonprofit organization regarding the
substitution of parties, assignment or performance of experimental, developmental, or research
work under that “funding agreement,” the recipient or subrecipient must comply with the
requirements of 37 CFR Part 401, “Rights to Inventions Made by Nonprofit Organizations and
Small Business Firms Under Government Grants, Contracts and Cooperative Agreements,” and
any implementing regulations issued by the awarding agency.
E. Clean Air Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33
U.S.C. 1251-1387). Contractor agrees to comply with all applicable standards, orders or
regulations issued pursuant to the Clean Air Act (42 U.S.C. §§7401-7671q) and the Federal
Water Pollution Control Act as amended (33 U.S.C. §§1251-1387) and will report violations to
FEMA and the Regional Office of the Environmental Protection Agency (EPA). The Clean Air
Act (42 U.S.C. 7401-7671q.) and the Federal Water Pollution Control Act (33 U.S.C. 1251-
1387), as amended—applies to Contracts and subgrants of amounts in excess of $150,000.
F. Debarment and Suspension (Executive Orders 12549 and 12689). A contract award (see 2
CFR 180.220) must not be made to parties listed on the governmentwide exclusions in the
System for Award Management (SAM), in accordance with the OMB guidelines at 2 CFR 180
that implement Executive Orders 12549 (3 CFR part 1986 Comp., p. 189) and 12689 (3 CFR
part 1989 Comp., p. 235), “Debarment and Suspension.” SAM Exclusions contains the names of
parties debarred, suspended, or otherwise excluded by agencies, as well as parties declared
ineligible under statutory or regulatory authority other than Executive Order 12549.
G. Byrd Anti-Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or bid for an
award exceeding $100,000 must file the required certification. Each tier certifies to the tier above
that it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of
Congress, officer or employee of Congress, or an employee of a member of Congress in
connection with obtaining any Federal contract, grant or any other award covered by 31 U.S.C.
1352. Each tier must also disclose any lobbying with non-Federal funds that takes place in
connection with obtaining any Federal award. Such disclosures are forwarded from tier to tier up
to the non-Federal award.
H. Compliance with Procurement of recovered materials as set forth in 2 CFR § 200.322.
Contractor must comply with section 6002 of the Solid Waste disposal Act, as amended, by the
Resource Conservation and Recovery Act. The requirements of Section 6002 include procuring
only items designated in guidelines of the Environmental Protection Agency (EPA) at 40 CFR
part 247 that contain the highest percentage of recovered materials practicable, consistent with
maintaining a satisfactory level of competition, where the purchase price of the item exceeds
$10,000 or the value of the quantity acquired during the preceding fiscal year exceeded $10,000;
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procuring solid waste management services in a manner that maximizes energy and resource
recovery; and establishing an affirmative procurement program for procurement of recovered
materials identified in the EPA guidelines.
Other Federal Requirements:
I. Americans with Disabilities Act of 1990, as amended (ADA).The Contractor will comply
with all the requirements as imposed by the ADA, the regulations of the Federal government
issued thereunder, and the assurance by the Contractor pursuant thereto.
J. 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 this 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 in detail below), applicable federal and state laws and regulations to ensure
that the DBE’s have the opportunity to compete for and perform contracts. The County and the
Contractor and subcontractors shall not discriminate on the basis of race, color, national origin or
sex in the award and performance of contracts, entered pursuant to this Agreement.
2 C.F.R. § 200.321 CONTRACTING WITH SMALL AND MINORITY BUSINESSES,
WOMEN’S BUSINESS ENTERPRISES, AND LABOR SURPLUS AREA FIRMS
a. If the CONTRACTOR, with the funds authorized by this Agreement, seeks to
subcontract goods or services, then, in accordance with 2 C.F.R. §200.321, the CONTRACTOR
shall take the following affirmative steps to assure that minority businesses, women’s business
enterprises, and labor surplus area firms are used whenever possible.
b. Affirmative steps must include:
(1) Placing qualified small and minority businesses and women's business
enterprises on solicitation lists;
(2) Assuring that small and minority businesses, and women's business
enterprises are solicited whenever they are potential sources;
(3) Dividing total requirements, when economically feasible, into smaller
tasks or quantities to permit maximum participation by small and minority businesses, and
women's business enterprises;
(4) Establishing delivery schedules, where the requirement permits, which
encourage participation by small and minority businesses, and women's business enterprises;
(5) Using the services and assistance, as appropriate, of such organizations as
the Small Business Administration and the Minority Business Development Agency of the
Department of Commerce.
(6) Requiring the Prime contractor, if subcontractor are to be let, to take the
affirmative steps listed in paragraph (1) through (5) of this section.
K. E-Verify. The Contractor shall utilize the U.S. Department of Homeland Security’s E-Verify
system to verify the employment eligibility 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 employment eligibility of all new employees hired by
the subcontractor during the Contract term.
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L. Access to Records. Contractor and their successors, transferees, assignees, and
subcontractors acknowledge and agree to comply with applicable provisions governing the
Department of Homeland Security (DHS) and the Federal Emergency Management Agency’s
(FEMA) access to records, accounts, documents, information, facilities, and staff. Contractors
must; 1. Cooperate with any compliance review or complaint investigation conducted by DHS, 2.
Give DHS access to and the right to examine and copy records, accounts, and other documents
and sources of information related to the grant and permit access to facilities, personnel, and
other individuals and information as may be necessary, as required by DHS regulations and other
applicable laws or program guidance, 3. Submit timely, complete, and accurate reports to the
appropriate DHS officials and maintain appropriate backup documentation to support the reports.
M. DHS Seal, Logo and Flags. Contractor shall not use the Department of Homeland Security
seal(s), logos, crests, or reproduction of flags or likeness of DHS agency officials without
specific FEMA approval.
N. Changes to Contract. The Contractor understands and agrees that any cost resulting from a
change or modification, change order, or constructive change of the agreement must be within
the scope of any Federal grant or cooperative agreement that may fund this Project and be
reasonable for the completion of the Project. Any contract change or modification, change order
or constructive change must be approved in writing by both the COUNTY and Contractor.
O. Compliance with Federal Law, Regulations, and Executive Orders. This is an
acknowledgement that FEMA financial assistance may be used to fund the contract. The
contractor will comply will all applicable federal law, regulations, executive orders, FEMA
policies, procedures, and directives.
P. No Obligation by Federal Government. The Federal Government is not a party to this contract
and is not subject to any obligations or liabilities to the COUNTY/non-Federal entity, contractor,
or any other party pertaining to any matter resulting from the contract.
Q. Program Fraud and False or Fraudulent Statements or Related Acts. If applicable, the
contractor acknowledges that 31 U.S.C. Chap. 38 (Administrative Remedies for False Claims
and Statements) applies to the contractor's actions pertaining to this contract.
R. Florida Division of Emergency Management Requirements:
The Contractor is bound by any terms and conditions of the Federally-Funded Sub award and
Grant Agreement between County and the Florida Division of Emergency Management. The
Contractor shall hold the Division and County harmless against all claims of whatever nature
arising out of the Contractor’s performance of work under this Agreement, to the extent allowed
and required by law.
S. Scrutinized Businesses:
For Contracts of any amount, if the County determines that the Contractor 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 written notice and an
opportunity to demonstrate the agency’s determination of false certification was in error pursuant
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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.
T. Prohibition on certain telecommunications and video surveillance services or equipment as
set forth in 2 CFR § 200.216. Recipients and subrecipients and their contractors and
subcontractors may not obligate or expend any federal funds to (1) Procure or obtain; (2) Extend
or renew a contract to procure or obtain; or (3) Enter into a contract (or extend or renew a
contract) to procure or obtain equipment, services, or systems that uses covered
telecommunications equipment or services as a substantial or essential component of any system,
or as critical technology as part of any system. As described in Public Law 115-232, section 889,
covered telecommunications equipment is telecommunications equipment produced by Huawei
Technologies Company or ZTE Corporation (or any subsidiary or affiliate of such entities).
(i) For the purpose of public safety, security of government facilities, physical security
surveillance of critical infrastructure, and other national security purposes, video surveillance
and telecommunications equipment produced by Hytera Communications Corporation,
Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any
subsidiary or affiliate of such entities).
(ii) Telecommunications or video surveillance services provided by such entities or using such
equipment.
(iii) Telecommunications or video surveillance equipment or services produced or provided by
an entity that the Secretary of Defense, in consultation with the Director of the National
Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an
entity owned or controlled by, or otherwise connected to, the government of a covered foreign
country.
U. Domestic preference for procurements as set forth in 2 CFR §200.322. The COUNTY and
CONTRACTOR should, to the great extent practicable, provide a preference for the purchase,
acquisition, or use of goods, products, or materials produced in the United States (including but
not limited to iron, aluminum, steel, cement, and other manufactured products). These
requirements of this section must be included in all subawards including contracts and purchase
orders for work or products under federal award. For purposes of this section:
(1) “Produced in the United States” means, for iron and steel products, that all manufacturing
processes, from the initial melting stage through the application of coatings, occurred in the
United States. (2) “Manufactured products” means items and construction materials composed in
whole or in part of non-ferrous metals such as aluminum; plastics and polymer-based products
such as polyvinyl chloride pipe; aggregates such as concrete; glass, including optical fiber; and
lumber.
THE REMAINDER OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
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IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: KEVIN MADOK, CLERK OF MONROE COUNTY, FLORIDA
By: By: __________________________
As Deputy ClerkMayor
Date: Date:
Witnesses for CONTRACTOR:
Signature of person authorized to
Signature legally bind Corporation
Date:
Date Print Name
Address:
Signature
Telephone Number
Date
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APPLICATION FOR PAYMENT DETAILS
DATE:_________________________
ARRIVAL TIME:__________ DEPARTURE TIME:__________
LOCATION:_____________________
PARTS AND MATERIALS COSTS *
ITEM DESCRIPTION UNIT PRICE QUANTITY SUB-TOTAL
1
2
3
4
5
PARTS & MATERIALS SUB-TOTAL ___________________
____% INCREASE ON ABOVE PARTS, MATERIALS ___________________
FREIGHT CHARGE ___________________
TAX CHARGES ___________________
PARTS & MATERIALS TOTAL $___________________
LABOR AND EQUIPMENT COSTS
____________HOURS @ $_____________ SUB-TOTAL $
____________HOURS @ $_____________ SUB-TOTAL $
LABOR & EQUIPMENT TOTAL $___________________
TOTAL $__________________________
DESCRIPTION OF WORK
Date Authorized Signature / Title
* Contractor must provide a copy of Invoice/Receipts for manufacturer's cost of parts, materials &
Refrigerants, freight for transportation/shipping costs, equipment rental amounts and services supplied by
others.
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SECTION THREE
BID DOCUMENTS
BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
C/O PURCHASING DEPARTMENT
GATO BUILDING ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
BID FROM:
The undersigned, having carefully examined the work, specifications, bid documents, and
addenda thereto and other Contract Documents for the services of:
PERIMETER FENCE MAINTENANCE, REPAIR & MODIFICATION
KEY WEST INTERNATIONAL AIRPORT
MONROE COUNTY, FLORIDA
And having become familiar with all local conditions including labor affecting the cost thereof,
and having familiarized himself with material availability, Federal, State, and Local laws,
ordinances, rules and regulations affecting performance of the work, does hereby propose to
repair, modify and maintain the fencing at Key West International Airport, and all incidentals
necessary to perform and complete said work in a workman-like manner, in conformance with
specifications, and other contract documents including addenda issued thereto.
1. Labor – normal working hours of 8:00 a.m. to 5:00 p.m. Monday through Friday,
excluding holidays:
BID PRICE: $ PER HOUR, FENCE INSTALLER/LEAD CREWMAN
BID PRICE: $ PER HOUR, FENCE INSTALLER/HELPER
2. Labor –overtime rate for hours other than normal working hours stated above,
including holidays:
BID PRICE: $ PER HOUR, FENCE INSTALLER/LEAD CREWMAN
BID PRICE:$PER HOUR, FENCE INSTALLER/HELPER
3. Materials – Supplies and Replacement Parts:
BID PRICE: Manufacturer’s Invoice plus %
4. There are no additional costs for travel, mileage, meals, or lodging.
I acknowledge receipt of Addenda No. (s)
I have included the Bid which includes
1. Bid Form
2. Non-Collusion Affidavit
3. Lobbying and Conflict of Interest Clause Form
4. Drug Free Workplace Form
5. Public Entity Crime Statement
6. Vendor Certification Regarding Scrutinized Companies ______
7. Affidavit Attesting to Noncoercive Conduct for Labor and Services______
34
3634
In addition, I have included
8. Current copy of Contractor’s License
9.Copy of Monroe County Business Tax Receipt
10. Insurance Agents Statement
11. Bidder’s\\Respondent’s Insurance & Indemnification Statement
12. All requirements as stated in the Instruction to Bidders, Paragraph 4.
(Check mark items above, as a reminder that they are included.)
Mailing Address: Telephone: ______________
Fax: ____________________
Date: ___________________
Signed:Witness: ___
(Seal)
Print Name
Title
35
3635
NON-COLLUSION AFFIDAVIT
I, of the city of
according to law on my oath, and under penalty of perjury, depose and say that:
1. I am
of the firm of
the bidder making the Proposal for the project described in the Notice for Calling for
bids for:
and that I executed the said proposal with full authority to do so:
2. the prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
3. unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the bidder and will not knowingly be disclosed by the
bidder prior to bid opening, directly or indirectly, to any other bidder or to any
competitor; and
4. no attempt has been made or will be made b the bidder to induce any other person,
partnership or corporation to submit, or not to submit, a bid for the purpose of
restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in this
affidavit in awarding contracts for said project.
(Signature of Bidder) (Date)
STATE OF ______________ )
) SS:
COUNTY OF ____________ )
Subscribed and sworn to (or affirmed) before me, by means of physical presence or online
notarization, on ___________________________ (date) by ____________________________
(name of affiant). He/She is personally known to me or has produced
_____________________________________________ (type of identification) as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
_______________day of_____________, 2022.
____________________________________
NOTARY PUBLIC, STATE OF _________
My Commission Expires:
Commission No.
36
3636
LOBBYING AND CONFLICT OF INTEREST FORM
SWORN STATEMENT UNDER ORDINANCE NO. 10-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
______________________________________ 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. 10-1990 or any County officer or employee in violation of Section
3 of Ordinance No. 10-1990. 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 purchase price, or otherwise recover, the full amount of any fee, commission,
percentage, gift, or consideration paid to the former County officer or employee.
_______________________________________
(signature)
Date:__________________________________
STATE OF ______________ )
) SS:
COUNTY OF ____________ )
Subscribed and sworn to (or affirmed) before me, by means of physical presence or online
notarization, on ___________________________ (date) by ____________________________
(name of affiant). He/She is personally known to me or has produced
_____________________________________________ (type of identification) as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
_______________day of_____________, 2022.
____________________________________
NOTARY PUBLIC, STATE OF _________
My Commission Expires:
Commission No.
OMB - MCP FORM #4
37
3637
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
____________________________________________________________________________
(Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace and
specifying the actions that will be taken against employees for violations of such prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business’s policy of
maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee
assistance programs, and the penalties that may be imposed upon employees for drug abuse
violations.
3. Give each employee engaged in providing the commodities or contractual services that are
under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will abide
by the terms of the statement and will notify the employer of any conviction of, or plea of
guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any
controlled substance law of the United States or any state, for a violation occurring in the
workplace no later than five (5) days after such conviction.
5. Impose a 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.
6. Make a good faith effort to continue to maintain a drug-free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
____________________________________________________
Bidder’s Signature
____________________________________________________
Date
OMB - MCP#5
38
3638
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 above and state that neither _______________________________________
(Proposer’s name) nor any Affiliate has been placed on the convicted vendor list within the last
36 months.
________________________________
(Signature)
Date: ___________________________
STATE OF ______________ )
) SS:
COUNTY OF ____________ )
Subscribed and sworn to (or affirmed) before me, by means of physical presence or online
notarization, on ___________________________ (date) by ____________________________
(name of affiant). He/She is personally known to me or has produced
_____________________________________________ (type of identification) as
identification.
WITNESS my hand and official seal in the County and State last aforesaid this
_______________day of_____________, 2022.
____________________________________
NOTARY PUBLIC, STATE OF _________
My Commission Expires:
Commission No.
39
3639
VENDOR CERTIFICATION REGARDING SCRUTINIZED COMPANIES LISTS
Project Description(s):_________________________________________________________
Respondent Vendor Name: _____________________________________________________
Vendor FEIN: ___________________
Vendor’s Authorized Representative Name and Title: _________________________________
Address: _____________________________________________________________________
City: _____________________ State: _____________________________ Zip: ____________
Phone Number: ____________________________________
Email Address: _____________________________________
Section 287.135, Florida Statutes prohibits a company from bidding on, submitting a proposal
for, or entering into or renewing a contract for goods or services of any amount if, at the time of
contracting or renewal, 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 a company from bidding on, submitting a
proposal for, or entering into or renewing a contract for goods or services of $1,000,000 or
more, that are on either the Scrutinized Companies with Activities in Sudan List or the
Scrutinized Companies with Activities in the Iran Petroleum Energy Sector Lists which were
created pursuant to s. 215.473, Florida Statutes, or is engaged in business operations in Cuba or
Syria.
As the person authorized to sign on behalf of Respondent, I 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 Iran Petroleum Energy Sector
List, or engaged in business operations in Cuba or Syria.
I 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. I 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 or has been placed on the
Scrutinized Companies that Boycott Israel List or engaged in a boycott of Israel or placed on
the Scrutinized Companies with Activities in Sudan List or the Scrutinized Companies with
Activities in the Iran Petroleum Energy Sector List or been engaged in business operations in
Cuba or Syria.
Certified By: __________________________________________________________, who is
authorized to sign on behalf of the above referenced company.
Authorized Signature:______________________________________
Print Name:
Title:__________________________________________________
Note: The List are available at the following Department of Management Services Site:
http://www.dms.myflorida.com/business_operations/state_purchasing/vendor_information/con
victed_suspended_discriminatory_complaints_vendor_lists
40
363:
AFFIDAVIT ATTESTING TO NONCOERCIVE CONDUCT FOR LABOR OR
SERVICES
Entity/Vendor Name: ________________________________________________________
Vendor FEIN: ___________________
Vendor’s Authorized Representative: _________________________________________
(Name and Title)
Address: _____________________________________________________________________
City: _________________________ State: _____________________ Zip: _______________
Phone Number: ____________________
Email Address: _____________________________________
As a nongovernmental entity executing, renewing, or extending a contract with a government
entity, Vendor is required to provide an affidavit under penalty of perjury attesting that Vendor
does not use coercion for labor or services in accordance with Section 787.06, Florida Statutes.
As defined in Section 787.06(2)(a), coercion means:
1. Using or threating to use physical force against any person;
2. Restraining, isolating, or confining or threating to restrain, isolate, or confine any
person without lawful authority and against her or his will;
3. Using lending or other credit methods to establish a debt by any person when labor or
services are pledged as a security for the debt, if the value of the labor or services as reasonably
assessed is not applied toward the liquidation of the debt, the length and nature of the labor or
service are not respectively limited and defined;
4. Destroying, concealing, removing, confiscating, withholding, or possessing any actual
or purported passport, visa, or other immigration document, or any other actual or purported
government identification document, of any person;
5. Causing or threating to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance as outlined in Schedule I or Schedule II of Section
893.03 to any person for the purpose of exploitation of that person.
As a person authorized to sign on behalf of Vendor, I certify under penalties of perjury that
Vendor does not use coercion for labor or services in accordance with Section 787.06.
Additionally, Vendor has reviewed Section 787.06, Florida Statutes, and agrees to abide by
same.
Certified By: __________________________________________________________, who is
authorized to sign on behalf of the above referenced company.
Authorized Signature:____________________________________
Print Name:____________________________________________
Title:__________________________________________________
41
3641
Bidder’s/Respondent’s Insurance and Indemnification Statement
Insurance Requirement Required Limits
Worker’s Compensation Statutory Limits
Employer’s Liability $100,000/$500,000/$100,000
General Liability $300,000 Combined Single Limit or
$100,000/$300,000/$50,000
Vehicle Liability $100,000 Combined Single Limit or
$50,000/$100,000/$25,000
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ON ALL POLICIES EXCEPT WORKER’S COMPENSATION.
INDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTOR
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, sub-contractors or other invitees during the term of this
AGREEMENT, (B) the negligence or willful misconduct 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). 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 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 resulting from such delay.
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 expiration or earlier termination of the Contract.
BIDDER’S /RESPONDENT’S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full
with all the requirements.
Bidder/Respondent Signature
42
3642
INSURANCE AGENT’S STATEMENT
I have reviewed the above requirements with the responder named below. The following deductibles apply
to the corresponding policy.
POLICY DEDUCTIBLES
Liability policies are Occurrence Claims Made
Insurance Agency Signature
Print Name:
43
3643
3644
3645
3646
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