HomeMy WebLinkAboutR-94-54RESOLUTION NO. R-94-54
A RESOLUTION OF THE CITY OF SEBASTIAN, INDigeN RIVER
COUNTY, FLORIDA, AUTHORIZING THE MAYOR TO EXECUTE ~ND
THE CITY CLERK TO ATTEST, ON BEHALF OF THE CITY, AN
AGREEMENT WITH CUSTOM CARRIAGES, INC., FOR THE PURPOSE
OF PROVIDING CART MAINTENANCE SERVICES FOR THE
SEBASTIAN MUNICIPAL GOLF COURSE; PROVIDING FOR REPEAL
OF RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT
HEREWITH; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the city of Sebastian received bids for Golf Course
cart maintenance services on August 1, 1994; and
WHEREAS, the City Council desires to enter into an Agreement
with Custom Carriages, Inc. for the purpose of providing cart
maintenance services for the Sebastian Municipal Golf Course.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SEBASTIAN, INDIAN RIVER COUNTY, FLORIDA, that:
SECTION 1. AGREEMENT. The City Council of the City of
Sebastian, Indian River County, Florida, hereby agrees to enter
into an Agreement with Custom Carriages, Inc. identified as
Exhibit "A" to this Resolution, and by this reference
incorporated herein.
SECTION 2. EXECUTION. The Mayor of the City of Sebastian
is hereby authorized to execute, and the City Clerk to attest,
the Agreement as agents for the city of Sebastian.
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SECTION 3. CONFLICT. Ail resolutions or parts of
resolutions in conflict herewith are hereby repealed.
SECTION 4. SEVERABILITY. In the event a court of
competent jurisdiction shall hold or determine that any part of
this Resolution is invalid or unconstitutional, the remainder of
the Resolution shall not be affected and it shall be presumed
that the City Council of the City of Sebastian did not intend to
enact such invalid or unconstitutional provision. It shall
further be assumed that the City Council would have enacted the
remainder of this Resolution without such invalid and
unconstitutional provision, thereby causing said remainder to
remain in full force and effect.
SECTION 5. EFFECTIVE DATE. This Resolution shall take
effect immediately upon its adoption.
The foregoing Resolution
Councilmember '~~}~_
by Councilmember ~~
/
vote, the vote was as follows:
was
moved for adoption by
The motion was seconded
and, upon being put into a
Mayor Arthur L. Firtion
Vice Mayor Carolyn Corum
Councilmember Norma J. Damp
Councilmember Robert Freeland
Councilmember Francis J. Oberbeck
The Mayor thereupon declared this Resolution duly passed
and adopted this /~ day of ~~ , 1994.
CITY OF SEBASTIAN, FLORIDA
Arthur L. Firt~on
Mayor
.-- ATTEST: . · .
· '- 6~halloran, CMC/AAE
City Clerk -
(SEAL)
Approved as to Form and Content:
Clifton A. McClelland, Jr.
City Attorney
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AGREEMENT
THIS AGREEMENT, made this /2w~ day of 0~~ , 1994,
by and between the city of Sebastian, a political subdivision of
the State of Florida (hereinafter called the "City"), and CUSTOM
CARRIAGES, INC., or its successors, executors, administrators, and
assigns (hereinafter called "Contractor").
WI TNES SETH:
The city and Contractor for good and valuable consideration as
hereinafter set forth, do mutually agree as follows:
1. Scope of Work: Contractor agrees to furnish all
materials, labor, supervision, and services necessary to complete
the work as described in the contract documents (the "Contract
Documents") and agrees to complete the Work in a workmanlike manner
in accordance with all applicable codes and in full compliance with
the Contract Documents.
2. Contract Documents:
(a) The Contract Documents consist of this Agreement,
Notice of Invitation to Bid, Instructions for Bidders,
Specification Sheet, Special Terms and Conditions, Bid Form, all
drawings, specifications, addenda issued prior to the execution of
this Agreement, other documents listed in this Agreement and
modifications issued after execution of this Agreement. The
Addenda, if any, are as follows:
The intent of the Contract Documents is to include all items
necessary for the proper execution and comp--Ietion of the Wor~-~
Contractor. The Contract Documents are complimentary, and what is
required by one shall be binding as if required by all; performance
by Contractor shall be required only to the extent consistent with
the Contract Documents and reasonably inferable from them as being
necessary to produce the intended results.
(b) The Contract Documents shall not be construed to
create a contractual relationship of any kind (1) between the City
and a Subcontractor or a Sub-subcontractor, or, (2) between any
persons or entities other than the City and Contractor.
(c) The term "Work" means the maintenance or
construction and services required by the Contract Documents,
whether completed or partially completed, and includes all labor,
materials, equipment and services provided or to be provided by
Contractor to fulfill Contractor's obligations hereunder. The Work
may constitute the whole or a part of the project.
3. Contract Sum and Payment to Contractor:
(a) Contract Sum: The City shall pay to Contractor for
Contractor's performance hereunder, the amount(s) specified in the
Contract Documents (the "Contract Sum") which is $10,320.00 and an
annual contract escalation equal to the Miami Consumer Price Index
as of July 1, not to exceed 5% of the current annual contract
price.
(b) Contract Pavments: The City shall make payments on
account of the Contract Sum to Contractor as provided below and
elsewhere in the Contract Documents. If no provision for progress
payments is made in the Contract Documents, each payment shall be
based on the percentage of work actually completed.
(i) Each Invoice for Payment by Contractor shall be
submitted to the City by the twenty-fifth (25th) day of each month.
(ii) Provided an Invoice for Payment is received by
the City not later than the twenty-fifth (25th) day of a month, the
city shall make payment to Contractor not later than the tenth
(10th) day of the following month. If an Invoice for Payment is
received by the City after the application date fixed above,
payment shall be made by the city not later than twenty (20) days
after the City receives the Invoice for Payment.
4. contractor's Obligations:
(a) Contractor shall supervise and direct the Work,
using Contractor's best skill and attention. Contractor shall be
solely responsible for and have control over construction means,
methods, techniques, sequences and procedures and for coordinating
all portions of the Work under this Agreement, unless the Contract
Documents give other specific instructions concerning these
matters .....
(b) Unless otherwise provided in the Contract Documents,
Contractor shall provide and pay for labor, materials, equipment,
tools, maintenance equipment and machinery, transportation, and
other facilities and services necessary for the proper execution
and completion'of the Work, whether temporary or permanent and
whether or not incorporated or to.be incorporated in the Work.
(c) Unless otherwise provided in the Contract Documents,
Contractor shall pay all sales, use and other similar taxes and
shall secure and pay for all permits and governmental fees,
licenses and inspections necessary for proper execution and
completion of the Work.
(d) Contractor shall enforce strict discipline and good
order among Contractor's employees and other persons carrying out
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the Work. Contractor shall not permit employment of unfit persons
or persons not skilled in tasks assigned to them.
(e) Contractor currently holds and shall maintain at all
times during the term of this Agreement all required federal, state
and local licenses necessary to perform the Work required under the
Contract Documents.
(f) Contractor shall be responsible to the City for the
acts and omissions of Contractor's employees, Subcontractors and
their agents and employees, and other persons performing portions
of the Work under a contract with Contractor.
5. City's Obliqation:
(a) The City shall, at no cost to the Contractor,
provide the following services and materials or facilities:
(1) Water and sewer while servicing the City's
carts.
(2) Electrical while servicing the city's carts.
(3) Reimbursement for repair parts and materials
which are authorized by the City and required
for proper maintenance and utilization of City
equipment.
(4) Adequate parking spaces designated for
Contractor employees.
(5) Maintenance facility meeting all OSHA
Standards for a maintenance and repair
facility.
(b) The City shall provide a City representative at the
golf course with the authority to authorize repair part purchase
order submission to City Finance and who represents the City
Manager for supervisory decisions regarding~Qlf course maintenance
and other related activities as outlined with the Contract
Documents.
6. Warranty: Contractor warrants to the City that all
materials and labor furnished under this Agreement shall be free
from any and a~l defects and that the Work will conform with the
requirements of the Contract Documents. Work not conforming to
these requirements, including substitutions not properly approved
and authorized, may be considered defective.
7. Correction of Work:
(a) Contractor shall, at no cost to the city, promptly
correct Work failing to conform to requirements of the Contract
Documents, whether observed before or after completion of the Work
and whether or not fabricated, installed or completed, and shall
correct any Work found to be not in accordance with the
requirements of the Contract Documents within a period of thirty
(30) days from the date of completion of the Work or by the terms
of an applicable special warranty required by the Contract
Documents. The provisions of this Paragraph 7 apply to the Work
done by Subcontractors as well as to the Work done by direct
employees of Contractor.
(b) Nothing contained in this Paragraph 7 shall be
construed to establish a period of limitation with respect to other
obligations which Contractor might have under the Contract
Documents. Establishment of the time period of thirty (30) days as
described in Subparagraph 7(a) above relates only to the specific
obligation of contractor to correct the Work, and has no
relationship to the time within which the obligation to comply with
the Contract Documents may be sought to be enforced, nor to the
time within which proceedings may be commenced to establish
Contractor's liability with respect to Contractor's obligations
other'than specifically to correct the Work.
8. Subcontracts:
(a) A Subcontractor is a person or entity who has a
direct contract with Contractor to perform a portion of the Work.
(b) A Supplier is a person or entity who has a direct
contract with Contractor to provide materials and/or supplies
required to perform a portion of the Work.
(c) Unless otherwise stated in the Contract Documents or
the bidding requirements, Contractor, as soon as practicable after
award of the Contract, shall furnish in writing to the city the
names of the Subcontractors and Suppliers for each of the principal
portions of the Work. Contractor shall not contract with any
Subcontractor or Supplier to whom the City has made reasonable and
timely objection. Contracts between-_Contractor and
Subcontractors and Suppliers shall require each Subcontractor and
Supplier, to the extent of the Work to be performed by the
Subcontractor and the material and/or supplies to be provided by
the Supplier, to be bound to Contractor by the terms of the
Contract Documents, and to assume toward Contractor all the
obligations and responsibilities which Contractor, by the Contract
Documents, assumes toward the City.
9. Term: The term of this Agreement shall be five (5)
years, beginning October 1, 1994, unless otherwise specified in the
Contract Documents. The parties reserve the right to extend the
term of this Agreement for an additional term of five (5) years on
the same terms and conditions upon mutual written agreement.
10. Termination:
(a) For Cause: If Contractor defaults or persistently
fails or neglects to carry out the Work in accordance with the
Contract Documents or fails to perform a provision of this
Agreement, the City, after ten (10) days written notice to
Contractor and without prejudice to any other remedy the City may
have, terminate this Agreement.
(b) Without Cause: The City retains the right to cancel
this Agreement at any time, with or without good cause, upon thirty
(30) days written notice to Contractor when such termination is
deemed by the City Council, to be in the public interest.
(c) Pavment ..... Upon Termination: In the event of
termination as provided herein, Contractor shall be paid for
services performed through the date of termination, less damages
incurred by the City as a result of Contractor's failure to carry
out the Work in accordance with the Contract Documents and
Contractor's failure to perform any provision of this Agreement.
11. Indemnity: To the fullest extent permitted by law,
Contractor shall indemnify, defend and hold harmless the City and
the City's agents, servants and employees, from and against all
claims, damages, losses and expenses, including but not limited to
attorney's fees, arising out of or resulting from performance of
the Work, except for injuries, damages or claims which are the
result of the sole negligence of the City, its agents, servants, or
employees, and Contractor shall at its own cost and expense defend
the city against any such claim, suit, action or proceeding which
may be commenced against the City by reason thereof. Contractor
hereby acknowledges that the obligations imposed upon the City and
the terms of this Agreement are the specific consideration for the
indemnification provided herein.
12. Insurance: Contractor shall procure and maintain during
the life of this Agreement insurance of the types and subject to
the limits set forth below. Contractor shall also provide the city
with evidence of this insurance prior to commencement of the Work
in the form of Certificates of Insurance which shall be subject to
the City's appgoval for adequacy.
(a) Workers' ComDensation: Contractor shall purchase
from and maintain in any company or companies lawfully authorized
to do business in Florida, workers' compensation insurance for
protection from claims for damages because of bodily injury,
including death, and from claims for damages, other than to the
Work itself, to property which may arise out of or result from
Contractor's operations under this Agreement, whether such
operations be by Contractor or by Subcontractors or by anyone
directly or indirectly employed by any of them. This insurance
shall be written for not less than the limits of liability required
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by law, and shall include contractual liability insurance
applicable to Contractor's obligations under Paragraph 11.
Coverage B, Employer's Liability, shall be written for a minimum
liability of $100,000.00 per occurrence.
(b) Commercial General Liability: Contractor shall
provide and maintain during the life of this Agreement, at
Contractor's own expense, Commercial General Liability insurance on
an occurrence basis for a minimum of $1,000,00.00 per occurrence
for claims of bodily injury including death, and $500,000.00 for
property damage.
(c) Commercial Auto Liability: Contractor shall provide
and maintain during the life of this Agreement, at Contractor's own
expense, Commercial Auto Liability insurance on an occurrence basis
for a minimum $100,000.00 per occurrence for claims of bodily
injury, including death, and $300,000.00 for property damage.
13. Performance Bond: Contractor shall purchase and maintain
throughout the duration of this Agreement a Performance Bond in an
amount equal to 110% of the face amount of the Contract Sum, unless
Such requirement is specifically waived or modified in writing by
the City. Said bond shall be with a surety insurer authorized to
do business in the State of Florida. In lieu of said bond,
Contractor may obtain and deliver to the City an irrevocable letter
of credit from a qualified lending institution in an amount equal
to the Performance Bond required. Contractor shall submit to the
City proof of said surety bond or letter of credit upon execution
of this Agreement.
14. Assiqnment: Contractor shall not assign this Agreement
to any other persons or firm without first obtaining the City's
written approval.
15. Notices: Ail notices, requests~ consents, and ot~er
communication required or permitted under this Agreement shall be
in writing and shall be (as elected by the person giving such
notice) hand delivered by messenger or courier service, or mailed
by registered or certified mail (postage prepaid) return receipt
requested, addressed to:
IF TO THE CITY:
City of Sebastian
Attn: Joel Koford, City Manager
1225 Main Street
Sebastian, Florida 32958
WITH A COPY TO:
Clifton A. McClelland, Jr., Esq.
City Attorney
c/o Potter, McClelland, Marks
& Healy, P.A.
Post Office Box 2523
Melbourne, Florida 32902-2523
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IF TO CONTRACTOR:
Custom Carriages, Inc.
18754 E. Colonial Drive
Orlando, FL 32820
16. Time: Time limits stated in the Contract Documents are
of the essence of this Agreement. By executing this Agreement,
Contractor confirms that the contract time is a reasonable period
for performing the Work.
17. Conflict of Interest:
(a) Contractor represents that it presently has no
interest and shall acquire no interest, either direct or indirect,
which would conflict in any manner with the performance of services
required hereunder, as provided by law. Contractor further
represents that no person having any such interest shall be
employed in performance of the Work.
(b) contractor shall promptly notify the City in writing
by certified mail of all potential conflicts of interest prohibited
by existing state law involving any prospective business
association, interest or other circumstance which may influence or
appear to influence 'Contractor's judgment or quality of services
being provided hereunder. Such written notification shall identify
the prospective business association, interest or circumstance, the
nature of work that Contractor may undertake and request the
opinion of the City as to whether the association, interest or
circumstances would, in the opinion of the City, constitute a
conflict of interest if entered into by Contractor. The City
agrees to notify Contractor of its opinion by certified mail within
thirty (30) days of receipt of notification by Contractor. If, in
the opinion of the City, the prospective business association,
interest or circumstance would not constitute a conflict of
interest by Contractor, the City shall so state in the notification
and Contractor shall, at its option, enter into said associat~o~nj
interest or circumstance and it shall b~deemed to be not a
conflict of interest with respect to services provided to the City
by Contractor under the terms of this Agreement.
18. Compliance With Ail Applicable Federal Laws: Contractor
shall comply with all applicable federal laws that in any way
regulate or impact the Work, including, but not limited to, The
Clean Air Act (42 USC §7506(c)), The Endangered Species Act (16 USC
§1531, et seq.), Executive Order No. 11593, Executive Order No.
11988, Executive Order No. 11990, The Fish and Wildlife
Coordination Act (PL 85-624), The Safe Water Drinking Act Section
1424(e) (PL 93-523, as amended), The Wild and Scenic Rivers Act (PL
90-542, as amended), The Demonstration cities and Metropolitan
Development Act of 1966 (PL 89-754), Section 306 of The Clean Air
Act, Section 508 of the Clean Water Act, Executive Order No. 11738,
The Civil Rights Act of 1964 (PL 88-352), The Age Discrimination
Act (PL 94-135), Section 13 of the Federal Water Pollution Control
Act (PL 92-500), Executive Order NO. 11246, Executive Order No.
11625, Executive Order No. 12138, Executive Order No. 12549, The
Davis Bacon Act (40 USC §276), the Occupational Safety and Health
Act and applicable regulations, and the Americans with Disabilities
Act (PL 101-336).
19. (a) Liquidated Damaqes: In the event Contractor
violates or fails to perform any provision of the Contract
Documents, then the city may elect to receive as liquidated damages
the amount(s) specified in the Contract Documents. it is expressly
acknowledged by Contractor that said payment shall not be
interpreted nor construed as a penalty, but is in fact a good faith
attempt to fix damages which the city will suffer in the event
Contractor fails to perform as required hereunder or violates any
provision of the Contract Documents.
19. (b) Duty of Repair: After the City's golf carts are
repaired and brought to "rental condition" for general public use
at City expense, the Contractor shall make all necessary
inspections, adjustments and repairs to the golf carts owned by the
City. The City at its expense must supply the parts for the repair
of the carts. The Contractor shall maintain the carts in a safe
and rentable condition for the public use of the golf carts. If
the Contractor provides parts to the City, such parts shall be
supplied at a discount of at least 10% below the manufacturer's
suggested price.
20. Bid and Pavment Bonds: Contractor shall purchase and
maintain such bid and payment bonds as are required by the City and
specified in the Contract Documents.
21. Druq-Free Workplace: Contractor, in accordance with
Florida Statute 287.087, hereby certifies that Contractor does:
(a) Publish a statement notifying employees that ~t~h~
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.
(b) '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, employee
assistance programs and the penalties that may be imposed upon
employees for drug abuse violations.
(c) Give each employee engaged in providing the
commodities or contractual services that are required hereunder a
copy of the statement specified in Subparagraph (a).
(d) In the statement specified in Subparagraph (a),
notify the employees that, as a condition of working on the
commodities or contractual services that are required hereunder,
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 1893 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.
(e) 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, by any employee
who is so convicted.
(f) Make a good faith effort to continue to maintain a
drug-free workplace through implementation of Subparagraphs (a)
through (e).
22. Public Entitv Crimes:
(a) Contractor hereby acknowledges, represents and
warrants:
(i) That a "public entity crime" as defined in
Paragraph 287.133(1) (g), Florida Statutes, means a violation of any
state or federal law by a person with respect to and directly
related to the transaction of business with any public entity or
with an agency or political subdivision of any other state or of
the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity
or an agency or political subdivision of any other state or of the
United States and involving antitrust, fraud, theft, bribery,
collusion, racketeering, conspiracy, or material misrepresentation.
(ii) That "convicted" or "conviction" as defined in
Paragraph 287.133(1) (b), Florida Statutes, ~ans a finding of guilt
or a conviction of a public entity crime, with or without an
adjudication of guilt, in any federal or state trial court of
record relating to charges brought by indictment or information
after July 1, 1989, as a result of a jury verdict, non-jury trial,
or entry of a ~lea of guilty or nolo contendere.
(iii) That an "affiliate" as defined in Paragraph
287.133(1) (a), Florida Statutes, means:
1. A predecessor or successor of a person
convicted of a public entity crime; or
2. An entity under the control of any natural
person who is active in the management of the entity and who has
been convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in the
management of an affiliate. The ownership by one person of shares
constituting a controlling interest in another person, or a pooling
of equipment or income among persons when not for fair market value
under an arm's length agreement, shall be a prima facie case that
one person controls another person. A person who knowingly enters
into a joint venture with a person who has been convicted of a
public entity crime in Florida during the preceding 36 months shall
be considered an affiliate.
(iv) That a "person" as defined in paragraph
287.133(1) (e), Florida Statutes, means any natural person or entity
organized under the laws of any state or of the United States with
the legal power to enter into a binding contract and which bids or
applies to bid on contracts for the provision of goods or services
let by a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees, members,
and agents who are active in management of an entity.
(b) Based on information and belief, the statement which
Contractor has marked below is true in relation to Contractor
submitting this sworn statement. [indicate which statement
applies.]
Neither Contractor, nor any of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, nor any affiliate of Contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of Contractor has been
charged with and convicted of a_ public entity c~Lme
subsequent to July 1, 1989.
Contractor, or one or more of its officers,
directors, executives, partners, shareholders, employees,
members, or agents who are active in the management of
Contractor, or an affiliate of contractor has been
charged with and convicted of a public entity crime
subsequent to July 1, 1989. However, there has been a
subsequent proceeding before a Hearing Officer of the
State of Florida, Division of Administrative Hearings and
the Final Order entered by the Hearing Officer determined
that it was not in the public interest to place
Contractor on the convicted vendor list. [Attach a copy
of the final order.]
(c) CONTRACTOR UNDERSTANDS THAT THE ACKNOWLEDGMENTS,
REPRESENTATIONS AND WARRANTIES MADE IN THIS PARAGRAPH 22 TO THE
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CITY ARE FOR THE CITY ONLY AND, THAT SUCH ACKNOWLEDGMENTS,
REPRESENTATIONS ANDWARRANTIES ARE VALID THROUGH DECEMBER 31 OF THE
CALENDAR YEAR IN WHICH THIS AGREEMENT IS EXECUTED. IN THE EVENT
THE TERM OF THIS AGREEMENT SHALL EXTEND BEYONDTHE CALENDAR YEAR iN
WHICH IT WAS EXECUTED, CONTRACTOR SHALL EXECUTE AND SUBMIT TO THE
CITY ANEW SWOI~NSTATEMENTUNDER SECTION 287.133, FLORIDA STATUTES,
ON PUBLIC ENTITY CRIMES, FORM PUR. ?068, AS REVISED FROM TIME TO
TIME. CONTRACTOR ALSO UNDERSTANDS THAT CONTRACTOR IS REQUIRED TO
INFORM THE CITY PRIOR TO ENTERING INTO A CONTRACT IN EXCESS OF THE
THRESHOLD AMOUNT PROVIDED IN SECTION 287.017, FLORIDA STATUTES FOR
CATEGORY TWO OF ANY CHANGE IN THE iNFORMATION CONTAINED IN THIS
PARAGRAPH 22.
23. Entire and Sole Agreement: Except as specifically stated
herein, the Contract Documents constitute the entire agreement
between the parties and supersede all agreements, representations,
warranties, statements, promises and understandings not
specifically set forth in the Contract Documents. Neither party
has in any way relied, nor shall in any way rely, upon any oral or
written agreements, representations, warranties, statements,
promises or understandings not specifically set forth' in the
Contract Documents.
24. Successors and Assiqns: Except as otherwise provided in
the Contract Documents, all covenants and agreements of the parties
contained in the Contract Documents shall be binding upon and inure
to the benefit of the respective successors and assigns of the
parties.
25. Attorney's Fees: In the event of any action, proceeding,
suit or claim is filed, initiated or maintained to enforce any of
the provisions of the Contract Documents, the prevailing party
shall, in addition to relief to which it is otherwise entitled, be
entitled to recover such further amounts, to the extent lawful, as
shall be sufficient to pay the cost and exp~nses of enforcemeD~t~
including reasonable attorney's fees, both at trial and all
appellate levels.
26. Remedies: No remedy herein conferred upon any party is
intended to be exclusive of any other remedy and each and every
such remedy sha~l be cumulative and shall be in addition to every
other remedy given hereunder or now or hereafter existing at law or
in equity or by statute or otherwise.
27. Governinq Law: The Contract Documents shall be construed
and enforced in accordance with and governed by the laws of the
State of Florida, and venue for any action pursuant to the Contract
Documents shall be in Indian River County, Florida.
28. Amendments: Neither the Contract Documents nor any term
thereof may be changed, waived, discharged or terminated orally,
except by an instrument in writing signed by the party against
11
which enforcement of the change, waiver, discharge or termination
is sought.
29. Waiver: The failure of any of the parties at any time to
require performance of any provision of the Contract Documents
shall in no manner affect the right of such party at any later time
to enforce or require the same unless waived in writing. No waiver
by any party of any condition or breach shall be construed or
deemed to be a waiver of any other condition or any other breach of
any term, covenant or warranty contained in the Contract Documents.
30. Conflict: In the event of any conflict between the
provisions of this Agreement and any attachments or addendums
hereto, the provisions of this Agreement shall prevail.
IN WITNESS WHEREOF, the City has hereunto subscribed and
Contractor has affixed his, its, or their names or name.
ATTEST:
Kathry~4. O' Ha~lloran
CMC/AAE, City Clerk
CITY:
THE CITY OF SEBASTIAN
Title:_ ~C~
Approved as to Form and Content:
Clifton A. McClelland, Jr.
city Attorney
Signed, sealed and delivered
in the presenc~ Of:
CONTRACTOR:
CUSTOM CARRIAGES, INC.
Name:
Name:
By:
Name:
Title:
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STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The fore~n~nstrument was acknowledged before_me this /~a~
day
of
~'/~D~ --of'the CITY OF SEBASTIAN, FLORIDA, on
behalf of the CITY OF SEBASTIAN.
or produced
He/she is personall~known ~me
as i~entifi6~ion~
Prin~ed N~m~ ~ ' ~x~/~. /~i~3
commission Number: /~L ~1~? ~
My Commission Expires: /0/~/~
STATE OF FLORIDA
COUNTY OF INDIAN RIVER
The foregoing instrument was acknowledged before me this
day of , 1994, by as
of CUSTOM CARRIAGES, INC., on behalf of
CONTRACTOR. He/she is personally known to me or produced
as
identification.
Printed Name.-_.
Commission Number:
My Commission Expires:
13
DRUG-FREE WORKPLACE FORM
The undersigned Contractor, in accordance with Florida Statute
287.087 hereby certifies that ~~ ~~ -~--~3~. does:
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.
Inform employees about the dangers of drug abuse in the
workplace, the business' policy of maintaining a drug-
free workplace, any available drug counseling,
rehabilitation, employee assistance programs and the
penalties that may be imposed upon employees for drug
abuse violations.
Give each employee engaged in providing the commodities
or contractual services that are under bid a copy of the
statement specified in Paragraph 1.
In the statement specified in Paragraph 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
1893 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.
Impose a sanction on,
participation in a
rehabilitation program
employee's .community,
convicted.
or requ--ire the satisfac%-6~y
drug abuse assistance or
if such is available in the
by any employee who is so
Make a good faith effort to continue to maintain a drug-
free workplace through implementation of Paragraph 1
through 5.
As the person authorized to sign this statement, I certify
that this firm complies fully with the above requirements.
Bidder's Signature
PUBLIC ENTITY CRIMES
Any person submitting a quote, bid, or proposal in response to this
invitation or a contract, must execute =he enclosed form PUR. 7069,
sworn statement under section 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC
ENTITY CRIM~S, including proper check(s), in the space(s) provided, and
enclose it with his quote, bid, or proposal. If you are submitting a
quote, bid or proposal on behalf of dealers or suppliers who will ship
commodities and receive payment from the resulting contract, it is your
responsibility to see that copy(ies) of the form are executed by them
and are included with your quote, bid, or proposal. Corrections to the
form will not be allowed after the quote, bid, or proposal opening time
and date. Failure to complete this form in every detail and submit it
with your quote, bid, or proposal may result in immediate
disqualification of your bid or proposal.
The 1989 Florida Legislature passed Senate Bill 458 creating
Sections 287.132 - 133, Florida Statutes, effective July 1, 1989.
Section 287.132(3)(d), Florida Statutes, requires the Florida Department
of General Services to maintain and make available to other political
entities a "convicted vendor" list consisting of persons and affiliates
who are disqualified from public contracting and purchasing process
because, they have been found guilty of a public entity crime. A public
entity crime is described by Section 287.133, Florida Statutes, as a
violation of any State or Federal law by a person with respect to and
directly related to the transaction of business with any public entity
in Florida or with an agency or political subdivision of any other state
or with the United States, including, but not limited to, any bid or
contract for goods or services to be provided to any public entity or
with an agency or political subdivision and involving antitrust, fraud,
theft, bribery, collusion, racketeering, conspiracy, or material
misrepresentation.
By law no public entity shall accept any bid from, award any
contract to, or transact any business in exce~ of the threshold-amount
provided in Section 287.017, Florida Statutes, for category two
(currently $10,000) with any person or affiliate on the convicted vendor
list for a period of 36 months from the date that person or affiliate
was placed on the convicted vendor list unless that person or affiliate
has been removed from the list .pursuant to Section 287.133(3) (f),
Florida StatuteS.
Therefore, effective October 1, 1990, prior to entering into a
contract (formal contract or purchase order) in excess of the threshold
amount of $10,000 to provide goods or services to THE CITY OF SEBASTIAN,
a person shall file a sworn statement with the contracting officer or
Purchasing Director, as applicable. The attached statement or affidavit
will be the form to be utilized and must be properly signed in the
presence of a notary public or other officer authorized to administer
oaths and properly executed.
THE INCLUSION OF THE SWORN STATEMENT OR AFFIDAVIT SHALL BE
SUBMITTED CONCURRENTLY WITH YOUR OUOTE OR BID DOCUMENTS. NON-INCLUSION
OF THIS DOCUMENT MAY NECESSITATE REJECTION OF YOUR OUOTE OR BID~
WORN STATEMENT UNDER SECTION 287.133(3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
This sworn statement is submitted with Bid, Proposal or
Contract No. for THE CITY OF SEBASTIAN.
Thi~ sworn statement is submitted by J~,~
~~~C. (name of
entity subm_itt~ng sworn s~atement) whose business address is
{~7~J ~. ~,~'~,_~. ~_~/~.~j~ ~/~. and
(if~applicable) its Federal Employer Identification (FEIN) is
~-%J~lf~~ (If the entity has no FEIN, include the
Social Security Number of the individual signing this sworn
statement: .)
My name is ~ /~cJ~.~ (please
print name of individual s~gning) ~nd my relationship to the
entity named above is ~~ /~.~/~Lf_g~_~7-~uA
I understand that a "public entity crime" as defined in
Paragraph 287.133(1) (g), Florida Statutes, means a violation
of any state or federal law by a person with respect to and
directly related to the transaction .of business with any
public entity or with an agency or political subdivision of
any other state or with the United States, including, but not
limited to, any bid or contract for goods or services to be
provided to any public entity or an agency or political
subdivision of any other state or of the United States and
involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material_misrepresentation,~_
I understand that "convicted" or "conviction" as defined in
Paragraph 287.133(1) (b), Florida Statutes, means a finding of
guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state
trial ~Urt of record relating to charges brought by
indictment or information after July 1, 1989, as a result of
a jury verdict, nonjury trial, or entry of a plea of guilty or
nolo contendere.
I understand that an "affiliate" as defined in Paragraph
287.133(1) (a), Florida Statutes, means:
(1) A predecessor or successor of a person convicted of a
public entity crime; or
(2) An entity under the control of any natural person who is
active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees, members, and agents who are active in
the management of an affiliate. The ownership by one person
of shares constituting a controlling interest in another
person, or a pooling of equipment or income among persons when
not for fair market value under an arm's length agreement,
shall be a prima facie case that one person controls another
person. A person who knowingly enters into a joint venture
with a person who has been convicted of a public entity crime
in Florida during the preceding 36 months shall be considered
an affiliate.
I understand that a "person" as defined in Paragraph
287.133(1) (e), Florida Statutes, means any natural person or
entity organized under the laws of any state or of the United
States with the legal power to enter into a binding contract
and which bids or applies to bid on contracts for the
provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with
a public entity. The term "person" includes those officers,
directors, executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
Based on information and belief, the statement which I have
'marked below is true in relation to the entity submitting this
sworn statement. (Please indicate which statement applies.)
~/ Neither the entity submitting this sworn statement, nor
any officers,.directors, executives, partners, shareholders,
employees, members, or agents who are active in management of
the entity, nor any affiliate of the entity have been charged
with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or
more of the officers, directors, --executives, partners,
shareholders, employees, members or agents who are active in
management of the entity, or an affiliate of the entity has
been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND (Please indicate which
addition.~lstatement applies.)
There has been a proceeding concerning the
conviction before a hearing officer of the State of
Florida, Division of Administrative Hearings. The final
order entered by the hearing officer did not place the
uerson or affiliate on the convicted vendor 'list.
(Please attach a copy of the final order.)
The person or affiliate was placed on the convicted
vendor list. There has been a subsequent proceeding
before a hearing officer of the State of Florida,
Division of Administrative Hearings. The final order
entered by the hearing officer determined that it was in
the public interest to remove the person or affiliate
rom the convicted vendor list.
the final order.)
(Please attach a copy of
The person or affiliate has not been placed on the
convicted vendor list. (Please describe any.action taken
by or pending with the Department of General Services.)
, (S ignatUr~)
Date:
COUNTY O~--DC~t /~
Th~,or~go~ng instrument was_~ckno¥~,ed~e.d before me this~~
day of~, 1993 by ~ ..%~j~ ~+;63L~ ,