2024-10-15 Item. VII.F. Ex.8 • • Exhibit 8
10/15/2024 CJ
i4 4 7 vit.v
PIGGYBACK AGREEMENT
BETWEEN
CITY OF OKEECHOBEE AND
C.W. ROBERTS CONTRACTING, INCORPORATED, A FLORIDA CORPORATION
THIS PIGGYBACK AGREEMENT ("Agreement") is made and entered into between
the CITY OF OKEECHOBEE (the "CITY"), a political subdivision of the State of Florida who
address is 55 SE 3rd Avenue,Okeechobee,FL 34974,and C.W. Roberts Contracting,Incorporated
(the "CONTRACTOR"), a Florida corporation, whose address is 3660 Hartsfield Road,
Tallahassee, Florida 32303 (hereinafter collectively referred to as the"Parties").
WHEREAS, the CITY desires to contract paving services with and through professionals
duly licensed and qualified to provide such services;
WHEREAS, the Okeechobee County, a political subdivision of the State of Florida (the
"COUNTY") entered into a Contract for Services (the "Contract") with the CONTRACTOR on
or about August 29, 2024.
WHEREAS, CONTRACTOR has demonstrated capability to provide the CITY with
paving services contemplated by this Agreement;
WHEREAS, the CITY has determined that the Contract with the COUNTY meets the
requirements of the State of Florida and CITY Procurement Code and is an acceptable agreement
upon which the CITY and CONTRACTOR may establish this Agreement;
WHEREAS, the CONTRACTOR agrees to extend the terms, conditions, and pricing of
the Contract with the CITY, subject to the terms and conditions of this Agreement; and
WHEREAS, the CITY has determined that entering into this Agreement with the
CONTRACTOR is in the best interests of the CITY.
NOW,THEREFORE, in consideration of the promises and mutual covenants contained
herein and for other good and valuable considerations, the receipt and sufficiency of which are
hereby mutually acknowledged, the Parties agree as follows:
1. Recitals.The above recitals are true and correct and are incorporated into this CITY
Agreement by reference.
2. Scope of Services. CITY hereby retains CONTRACTOR to furnish the services
that are described in the Scope of Services which is attached hereto as Exhibit A and incorporated
herein by reference.
3. Terms and Conditions. Except as otherwise stated herein, the terms and
conditions of the Contract entered into with the COUNTY shall constitute the terms and conditions
of this Agreement. A true and correct copy of the Contract is attached hereto as Exhibit B and
incorporated herein by reference. Any conflict between the terms and conditions in the body of
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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this Agreement and the terms and conditions set forth in Exhibit B will be resolved in favor of the
body of this Agreement.
4. Agreement Term and Commencement of Services. This Agreement has an
initial term of three (3) years, beginning August 29, 2024, and ending August 28. 2027, and may
be renewed for up to two(2)additional one(1)year terms,upon agreement of the Parties in writing,
unless sooner terminated under the terms of this Agreement.
5. Payment. CITY agrees to compensate CONTRACTOR for work actually
performed under this Agreement at the rate/basis described in Exhibit B. The CITY reserves the
right to withhold amounts in the event of the non-performance of all or part of the
CONTRACTOR's obligations under this Agreement.
6. Termination. This Agreement may be terminated by the CITY in whole or in part
at any time with or without cause by the CITY providing CONTRACTOR with written notice not
less than third(30)days prior to the date of termination.
7. Notices. All notices to the Parties under this Agreement must be in writing and
sent via certified mail to City Administrator, City of Okeechobee.
8. Insurance. CONTRACTOR must maintain such insurance as will fully protect both
the CONTRACTOR and the CITY from any and all claims under any Workers Compensation Act or
Employers Liability Laws,and from any and all other claims of whatsoever kind or nature to the damage
or property, or for personal injury, including death, made by anyone whomsoever,that may arise from
operations carried on under this Agreement,either by CONTRACTOR,any subcontractor,or by anyone
directly or indirectly engaged or employed by either of them.
a. The insurance coverage required by this Agreement must not be less than:
i. Workers'Compensation(unless exempt)with Employers'Liability with a limit
of$1,000,000.00 each accident, $1,000,000.00 each employee,$1,000,000.00
policy limit for disease;
ii. Commercial General Liability ("CGL") insurance with a limit of not less than
$1,000,000.00 each occurrence. If such CGL insurance contains a general
aggregate limit, it shall apply separately to this work in the amount of
$3,000,000.00. CGL insurance shall be written on an occurrence form and
include bodily injury and property damage liability for premises, operations,
independent contractors, products and completed operations, contractual
liability, broad form property damage and property damage resulting from
explosion, collapse or underground (x, c, u) exposures, personal injury, and
advertising injury. Damage to rented premises shall be included at$100,000.00;
iii. Commercial Automobile Liability Insurance with a limit of not less than
$1,000,000.00 each accident for bodily injury and property damage liability.
Such insurance shall cover liability arising out of any auto (including owned,
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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hired and non-owned autos) and such policy shall be endorsed to provide
contractual liability coverage;and
iv. Fire damage liability shall be included at$1,000,000.00.
9. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must
comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations pertaining to
or regulating the provision of such services,including those now in effect and hereafter adopted.
10. Contractor Responsibility. CONTRACTOR will remain fully responsible for the
services of any subcontractors or professional associates.
11. Independent Contractor. CONTRACTOR is, and will be deemed to be, an
independent contractor and not a servant,employee,joint venturer,or partner of the CITY. None of
CONTRACTOR's agents,employees, or servants are,or will be deemed to be,the agent,employee,or
servant of the CITY. None of the benefits,if any,provided by the CITY to its employees, including but
not limited to, compensation insurance and unemployment insurance, are available from the CITY to
the employees, agents, or servants of CONTRACTOR. CONTRACTOR will be solely and entirely
responsible for its acts and for the acts of its agents, employees, servants, and subcontractors during the
performance of this Agreement.
12. Indemnification. CONTRACTOR must indemnify and hold the CITY harmless
against and from any and all claims,losses,penalties, interest,demands,judgments, costs,damages,
or expenses,including attomey's fees and court costs, incurred by the CITY,or its agents, officers,or
employees, arising directly or indirectly from CONTRACTOR's performance under this Agreement,
including exhibits incorporated herein, or by any person on CONTRACTOR's behalf, including but
not limited to those claims, losses, penalties, interest, demands, judgments, costs, damages, or
expenses arising out of any accident, casualty, or other occurrence causing injury to any person or
property. This includes persons employed or utilized by CONTRACTOR (including
CONTRACTOR's agents, employees, and subcontractors). CONTRACTOR's obligation will not be
limited by, or in any way to, any insurance coverage or by any provision in or exclusion or omission
from any policy of insurance, whether such insurance is in connection with this Agreement or
otherwise. Such indemnification is in addition to any and all other legal remedies available to the
CITY and not considered to be the CITY's exclusive remedy. The indemnification provisions of
this paragraph will survive the termination of this Agreement.
13. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to
extend, the CITY's liability beyond that provided in
Section 768.28, Florida Statutes. Nothing in this Agreement is a consent, or will be construed as
consent,by the CITY to be sued by third parties in any matter arising out of this Agreement.
14. Public records. CONTRACTOR is a "Contractor" as defined by Section
119.0701(1)(a), Florida Statutes, and must comply with the public records provisions of Chapter
119, Florida Statutes, including the following:
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Piggyback Agreement Between the City of Okeechobee and C.W.Roberts Contracting, Incorporated
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a. 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 AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS FOR
THE CITY OF OKEECHOBEE AT:
CITY CLERK'S OFFICE
55 S.E. 3RD Avenue
Okeechobee, Florida 34974
863-763-3372 ext. 9814
Igamiotea(a,cityofokeechobee.com
b. The contractor shall adhere to Florida public records laws. The contractor must:
i. Keep and maintain public records required by the CITY to perform the
service.
ii. Upon request from the CITY's records custodian,provide the CITY 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 Chapter 119,
or as otherwise provided by law.
iii. Ensure that public records are exempt or confidential and exempt from public
records disclosure requirements are not disclosed except as authorized by law for
the duration of the agreement term and following completion of the agreement if
the contractor does not transfer the records to the public agency.
iv. Upon completion of this Agreement, transfer, at no cost, to the CITY all
public records in possession of CONTRACTOR or keep and maintain public
records required by the CITY to perform the service. If CONTRACTOR
transfers all public records to the CITY upon completion of this Agreement,
CONTRACTOR must destroy any duplicate public records that are exempt
or confidential and exempt from public records disclosure requirements. If
CONTRACTOR keeps and maintains public records upon completion of this
Agreement, CONTRACTOR must meet all applicable requirements for
retaining public records. All records stored electronically must be provided
to the CITY, upon request from the CITY's custodian of public records, in a
format that is compatible with the information technology systems of the
CITY.
15. E-Verify Compliance. Contractor affirmatively states, under penalty of perjury,
that in accordance with Section 448.095, Fla. Stat., Contractor is registered with and uses the E-
Verify system to verify the work authorization status of all newly hired employees, that in
accordance with such statute, Contractor requires from each of its subcontractors an affidavit
stating that the subcontractor does not employ,contract with,or subcontract with an unauthorized
alien, and that Contractor is otherwise in compliance with Sections 448.09 and 448.095,Fla. Stat.
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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16. Non-Coercion for Labor and Services. CONTRACTOR, through its authorized
representative, agrees to execute the Affidavit of Non-coercion for Labor and Services, attached
hereto as Exhibit C.
17. General Provisions. The following general provisions apply to this Agreement:
a. Entire Agreement. This Agreement states the entire understanding between the
Parties and supersedes any written or oral representations, statements, negotiations,
or agreements to the contrary. CONTRACTOR recognizes that any representations,
statements,or negotiations made by the CITY staff do not suffice to legally bind the
CITY in a contractual relationship unless they have been reduced to writing,
authorized,and signed by the authorized CITY representatives.
b. Amendment. No modification, amendment, or alteration in the terms or
conditions of this Agreement will be effective unless contained in a written
document executed with the same formality as this Agreement.
c. Severability. If any term or provision of this Agreement is held, to any extent,
invalid or unenforceable,as against any person, entity, or circumstance during the
Term hereof, by force of any statute, law, or ruling of any forum of competent
jurisdiction, such invalidity will not affect any other term or provision of this
Agreement, to the extent that the Agreement will remain operable, enforceable,
and in full force and effect to the extent permitted by law.
d. Waiver. The indulgence of either party with regard to any breach or failure to
perform any provision of this Agreement does not constitute a waiver of the
provision or any portion of this Agreement,either at the time the breach or failure
occurs or at any time throughout the term of this Agreement. The review of,
approval of, or payment for any of CONTRACTOR's work product, services, or
materials does not operate as a waiver, and should not be construed as a waiver, of
any of the CITY's rights under this Agreement,or of any cause of action the CITY
may have arising out of the performance of this Agreement.
e. Law; Venue. This Agreement is being executed in Okeechobee County, Florida,
and is governed in accordance with the laws of the State of Florida. Venue of any
action hereunder will be in Okeechobee County, Florida.
IN WITNESS WHEREOF, the Parties hereto have signed and sealed this Agreement
effective the date first written above.
APPROVED this day of , 2024, by C.W. Roberts Contracting,
Incorporated, a Florida corporation.
C.W. Roberts Contracting, Incorporated
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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By:
(Print name)
Its:
(Title)
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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APPROVED this day of , 2024, by the Okeechobee City Council.
City of Okeechobee, Florida, a municipal
corporation of the State of Florida
By:
Attest: Dowling R. Watford, Jr., Mayor
Lane Gamiotea, CMC, City Clerk
Approved as to Form and Legality for
Okeechobee County:
John J. Fumero, City Attorney
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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AGREEMENT EXHIBIT A
SCOPE OF WORK
City of Okeechobee 2024-2025 Paving List
Roads Footage,Est Quadrant
South West
SW Park Street.SW 11th Ave to SW 7th Ave 1.600
South WeSt
SW 11th Ave.Park St to SW 11th St 3.965
South West
SW 7th Ave.SW 6th St to SW 9th St 1,098
NW 91h Ave.SR 70 to NW 2nd st 407 North WeSt
North West
NW 9th St NW 9th Ave to NW 5th Ave 1.478
SE 8th Ave,SR 70 to the bridge S 2.420 South East
North East
NE 6th Ave,SR70 to NE 6th St 1.885
North East
NE 7th St.US 441 to NE 5th Ave 1.410
NE 9th St from US 411 through NE 12th St to 12th Ave North East
7.799
SE 11th Ave.SE 4th St to SE 7th St 1500 South East
South East
SE 7th St.SE 13th Ave to SE 9th Ave 1300
South West
SW 6th Ave.70th to Park St 400
South West
SW 3rd Ave.SW 15th St to SW 23rd St 3000
South West
SW 10th St.SW 5th Ave to SW 3rd Ave 720
SW 11th Ave.Park St tO SW 6th St 1650 South West
SW 8th St.5th Ave to 7th Ave 600 South West
North WeSt
NW 8th Ave,NW 125t 1013th St 220
North East
NE 7th St.4th ave to 3rd Ave 350
North East
NE 5th Ave.NE 2nd St to 441 330
North East
NE 6th Ave,NE 6th St to SR 70 1850
North East
NE 6th St.441 to 6th Ave 1870
North East
NE 5th Ave.NE 6th St to 7th St 350
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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AGREEMENT EXHIBIT B
EXISTING CONTRACT
See attached 25-page Independent Contractor's Agreement
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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EXHIBIT C
AFFIDAVIT OF NON-COERCION FOR LABOR AND SERVICES
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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AFFIDAVIT OF NON-COERCION FOR LABOR AND SERVICES
(FLORIDA STATUTES SECTION 787.06(13))
State of Florida )
) ss.
County of )
Personally appeared before me, the undersigned authority
("Affiant"),who being first duly sworn,deposes and
says on oath and under penalty of perjury as follows:
That I am of legal age, have personal knowledge of the facts herein stated, and am duly
authorized to make this affidavit(the"Affidavit")as Authorized Signer on behalf of C.W. Roberts
Contracting, Incorporated ("the Entity").
That to the best of my knowledge, the Entity does not engage in any of the following
activities as part of its employment practices:
1. Using or threatening to use physical force against any person;
2. Restraining, isolating, or confining or threatening 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 services 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 threatening to cause financial harm to any person;
6. Enticing or luring any person by fraud or deceit; or
7. Providing a controlled substance to any person for the purpose of exploitation of that
person.
That this Affidavit is being given to evidence compliance with the law.
FURTHER AFFIANT SAYETH NOT.
Signature
The foregoing instrument was sworn to and subscribed before me by means of L] physical
presence or L] online notarization, this day of , 20_, by
, as of C.W.
Roberts Contracting, Incorporated, on its behalf, who L] is personally known to me or Li has
produced a driver's license as identification.
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Piggyback Agreement Between the City of Okeechobee and C.W. Roberts Contracting, Incorporated
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[Notary Seal]
Notary Public
Printed Name:
My Commission Expires:
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[C.W Roberts Contracting-County Paving 2024 Independent Contractor's Agreement]
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS INDEPENDENT CONTRACTOR'S AGREEMENT (hereinafter "this
AGREEMENT") is made and entered into effective the 29th day of August,2024, by and between
OKEECHOBEE COUNTY, a political subdivision of the State of Florida (hereinafter the
"COUNTY") and C.W. ROBERTS CONTRACTING, INC., a Florida corporation (hereinafter
"CONTRACTOR").
WITNESSETH
WHEREAS, the COUNTY is a political subdivision of the State of Florida, having a
responsibility to provide certain services to benefit the citizens of Okeechobee County;and
WHEREAS,the COUNTY has the full power and authority to enter into the transactions
contemplated by this Agreement; and
WHEREAS, CONTRACTOR is in the business of paving, asphalt resurfacing and new
road construction in Okeechobee County and elsewhere in the State of Florida; and
WHEREAS, CONTRACTOR is competent and has sufficient manpower, training, and
technical expertise to perform the services contemplated by this Agreement in a timely and
professional manner consistent with the standards of the industry in which CONTRACTOR
operates; and
WHEREAS, Section 448.095, Fla. Stat., imposes certain obligations on public agencies
with regard to the use of the E-Verify system by their contractors and subcontractors; and
WHEREAS, Section 119.0701, Fla. Stat., requires that certain public agency contracts must
include certain statutorily required provisions concerning a contractor's compliance with Florida's Public
Records Act;and
WHEREAS,Section 768.28,Fla.Stat.,sets forth certain mandatory limitations on indemnification
and liability for Florida public agencies;and
WHEREAS,Florida law requires that public agency contracts be subject to non-appropriation and
thereby contingent upon appropriation during the public agency's statutorily mandated annual budget
approval process;and
WHEREAS, Section 287.135, Fla. Stat., provides restrictions on local governments contracting
with companies that are on certain Scrutinized Companies lists;and
WHEREAS, Section 286.101, Florida Statutes contains a list of "foreign countries of
concern"including,the People's Republic of China, the Russian Federation,the Islamic Republic
of Iran,the Democratic People's Republic of Korea,the Republic of Cuba,the Venezuelan regime
of Nicolas Maduro,or the Syrian Arab Republic,including any agency of or any other entity under
significant control of such"foreign country of concern". Any entity that does business with a state
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agency or political subdivision must disclose certain of their dealings with those"foreign countries
of concern"to the Florida Department of Financial Services; and
WHEREAS, The County's current contract to provide asphalt repair and paving services
throughout Okeechobee County expired on April 30, 2024. As a result, the County issued a
Request for Proposals (RFP) #2024-01 to provide asphalt repair and paving services (including
milling)on County roadways and intersections,on an as needed basis; and,
WHEREAS, CONTRACTOR agrees to provide such goods and services as more
particularly described in this Agreement, as well as in any bid or quotation documents issued in
connection with this project.
NOW THEREFORE in consideration of the premises,and in consideration of the mutual
conditions,covenants, and obligations hereafter expressed,the parties agree as follows:
1. Recitals. The foregoing recitals are true and correct, constitute a material inducement to
the parties to enter into this Agreement, and are hereby ratified and made a part of this
Agreement.
2. Description of Work.
a. CONTRACTOR'S services for individual projects under this Agreement shall be
negotiated by separate Work Authorizations, which shall be approved in accordance
with the COUNTY's procurement policy.The form of Work Authorization that shall be
used under this Agreement is attached hereto as Exhibit "A" and incorporated by
reference. Any conflict between the terms and conditions in the body of this Agreement
and the terms and conditions set forth in the Work Authorization attached as Exhibit
"A" will be resolved in favor of the body of this Agreement.
b. The COUNTY hereby retains CONTRACTOR to furnish overall services under this
Agreement as described in the Scope of Services, which is attached hereto as Exhibit
"B" and incorporated herein by reference. Any conflict between the terms and
conditions in the body of this Agreement and the terms and conditions set forth in
Exhibit "B" will be resolved in favor of the body of this Agreement.
c. CONTRACTOR must provide all permits, labor,materials,equipment,and supervision
necessary for the completion of the Scope of Services, unless specifically excluded.
d. CONTRACTOR must also comply with,and abide by,all requirements as contained in
any invitation to bid (ITB), request for proposals (RFP), request for qualifications
(RFQ), bid specifications, engineering plans, shop drawings, material lists, or other
similar documents issued for this project by the COUNTY, together with any addenda,
hereinafter the"Bid Documents,as applicable." The Bid Documents, if applicable,are
hereby incorporated into this Agreement and any related Work Authorization by
reference and are declared to be material part of this Agreement and Work
Authorization.
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3. Commencement and completion/Term.
a. This Agreement has a Term of three (3)years, beginning on the date of execution of this
Agreement and may be renewed for up to two (2) additional one (1) year Terms, upon
agreement of the parties in writing.
4. Payment.
a. The COUNTY agrees to compensate CONTRACTOR, for work actually performed
under this Agreement, at the rate or basis described in Exhibits "A" and "C", which
are attached hereto and incorporated herein by reference. CONTRACTOR must
perform all work required by the Scope of Services, but in no event will
CONTRACTOR be paid more than the negotiated amount set forth in Exhibits "A"
and "C". CONTRACTOR's services shall not exceed the estimated annual budget of
1.5 million dollars unless an increase in said amount is agreed upon in writing by the
Parties and approved by the COUNTY Commission.
b. Progress payments, if any, will be made as set forth in Exhibit "A" and "C".
c. The COUNTY reserves the right to ratably withhold amounts in the event of the
nonperformance of all or part of CONTRACTOR's obligations. CONTRACTOR must,
without additional compensation, correct and revise any errors, omissions, or other
deficiencies in its work product, services,or materials arising from the error or omission
or negligent act of CONTRACTOR.
5.
a. Acceptance of work product,payment,and warranty. When the COUNTY receives an
invoice sufficiently itemized to permit audit, the COUNTY will diligently review the
invoice. When the COUNTY finds the invoice acceptable and finds the products and
services acceptable,the installment payment will be paid to CONTRACTOR within thirty
(30) days after the date of receipt of the invoice, unless another payment schedule is
provided in Exhibit "A." CONTRACTOR guarantees the successful performance of the
work for the products and services intended. If the COUNTY deems it inexpedient to
require CONTRACTOR to correct deficient or defective work, the COUNTY may make
an equitable deduction from the contract price, or, in the alternative, the COUNTY may
seek damages. CONTRACTOR warrants that the data utilized by CONTRACTOR(other
than as provided by the COUNTY) is from a source, and collected using methodologies,
which are generally recognized in CONTRACTOR's industry or profession to be a reliable
basis and foundation for CONTRACTOR's work product. CONTRACTOR must notify
the COUNTY in writing if it appears, in CONTRACTOR's professional judgement that
the data or information provided by the COUNTY for use in CONTRACTOR's work
product is incomplete, defective, or unreliable. CONTRACTOR guarantees to amend,
revise, or correct to the satisfaction of the COUNTY any error appearing in the work as a
result of CONTRACTOR's failure to comply with the warranties and representations
contained herein. Neither inspection nor payment, including final payment, by the
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COUNTY will relieve CONTRACTOR from its obligations to do and complete the work
product in accordance with this Agreement.
6. Termination.
a. Termination at Will: This Agreement and any related Work Authorization may be
terminated by the COUNTY in whole or in part at any time without cause by the
COUNTY giving written notice to CONTRACTOR not less than 30 days prior to the
date of termination; provided, however,that in such event,neither party will be relieved
from its rights or obligations of this Agreement through the date of the actual
termination. Notice must be delivered by certified mail, return receipt requested,or in
person with proof of delivery.
b. Termination for Cause: This Agreement and any related Work Authorization may be
terminated by either party for cause by the COUNTY or CONTRACTOR giving written
notice to the other party not less than 10 days prior to the date of termination; provided,
however, that in such event, neither party will be relieved from its rights or obligations
of this Agreement or Work Authorization through the date of the actual termination.
Notice must be delivered by certified mail, return receipt requested, or in person with
proof of delivery.
7. Project management.
a. The Project Managers for this project are as follows. Any subsequent changes to the
Project Manager for either party may be provided by notice as described in paragraph 8
below and does not require an amendment to this Agreement.
b. COUNTY's Project Manager is: Darren Brown, Director of Public Works
c. CONTRACTOR's Project Manager is: Dan Hoyt, Area Manager
8. Notices. All notices to the parties under this Agreement must be in writing and sent
certified mail to:
a. To COUNTY: Okeechobee County Board of County Commissioners, Attention:
County Administrator, 304 NW 2nd Street, Okeechobee, Florida 34972;
b. To CONTRACTOR: C.W. Roberts Contracting, Inc., Attention: Robert Flowers,
President, 3660 Hartsfield Road, Tallahassee, Florida 32303
9. Insurance.
a. CONTRACTOR must maintain such insurance as will fully protect both
CONTRACTOR and the COUNTY from any and all claims under any Workers
Compensation Act or Employers Liability Laws, and from any and all other claims of
whatsoever kind or nature to the damage or property, or for personal injury, including
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death, made by anyone whomsoever, that may arise from operations carried on under
this Agreement,either by CONTRACTOR, any subcontractor,or by anyone directly or
indirectly engaged or employed by either of them.
b. The insurance coverage required by this Agreement must not be less than the amounts
described in the Bid Documents. If the Bid Documents do not state an insurance
requirement or the amount of insurance, then the amount of insurance required by this
Agreement must not be less than:
Workers' Compensation (unless exempt)with Employers' Liability with a limit
of$500,000.00 each accident, $500,000.00 each employee, $500,000.00 policy
limit for disease;
ii. Commercial General Liability (CGL) insurance with a limit of not less than
$500,000.00 each occurrence. If such CGL insurance contains a general
aggregate limit, it shall apply separately to this location/project/work in the
amount of$1,000,000.00. Products and completed operations aggregate shall
be $1,000,000.00. CGL insurance shall be written on an occurrence form and
include bodily injury and property damage liability for premises, operations,
independent contractors, products and completed operations, contractual
liability, broad form property damage and property damage resulting from
explosion, collapse or underground (x, c, u) exposures, personal injury, and
advertising injury. Damage to rented premises shall be included at$100,000.00.
iii. Commercial Automobile Liability Insurance with a limit of not less than
$1,000,000.00 each accident for bodily injury and property damage liability.
Such insurance shall cover liability arising out of any auto (including owned,
hired and non-owned autos) and such policy shall be endorsed to provide
contractual liability coverage; and
iv. Fire damage liability shall be included at$500,000.00.
c. CONTRACTOR must furnish the COUNTY with Certificates of Insurance, which are
to be signed by a person authorized by that insurer to bind coverage on its behalf. The
COUNTY is to be specifically included as an additional insured and loss payee on all
policies except Workers' Compensation. In the event the insurance coverage expires
prior to the completion of the project,a renewal certificate must be issued 30 days prior
to the expiration date. The policy must provide a 30 day notification clause in the event
of cancellation or modification to the policy. All certificates of insurance must be on
file with and approved by the COUNTY before commencement of any work activities.
d. The insurance coverages procured by CONTRACTOR as required herein will be
considered as primary insurance over and above any other insurance,or self—insurance,
available to CONTRACTOR, and any other insurance, or self-insurance available to
CONTRACTOR will be considered secondary to, or in excess of, the insurance
coverage(s) procured by CONTRACTOR as required herein.
10. General Provisions. CONTRACTOR must comply with the following general
provisions:
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a. Bond. If a surety bond has been required by the Bid Documents for CONTRACTOR's
faithful performance and payment, and if at any time the surety is no longer acceptable
to the COUNTY, CONTRACTOR must, at its expense, within five (5) days after the
receipt of notice from the COUNTY to do so, furnish an additional bond or bonds in
such form and with such Surety or Sureties as are satisfactory to the COUNTY. The
COUNTY will not make any further payment to CONTRACTOR, nor will any further
payment be deemed to be due to CONTRACTOR, until such new or additional security
for the faithful performance of the work is furnished in a manner and form satisfactory
to the COUNTY.
b. Compliance with Laws. In providing the Scope of Services, CONTRACTOR must
comply with all federal,state,and local laws,statutes,ordinances, rules, and regulations
pertaining to or regulating the provision of such services, including those now in effect
and hereafter adopted.
c. Personal nature of Agreement;Assignment.
i. The parties acknowledge that the COUNTY places great reliance and emphasis
upon the knowledge, expertise, training, and personal abilities of
CONTRACTOR. Accordingly, this Agreement is personal and
CONTRACTOR is prohibited from assigning or delegating any rights or duties
hereunder without the specific written consent of the COUNTY.
ii. If CONTRACTOR requires the services of any subcontractor or professional
associate in connection with the work to be performed under this Agreement,
CONTRACTOR must obtain the written approval of the COUNTY Project
Manager prior to engaging such subcontractor or professional associate.
CONTRACTOR will remain fully responsible for the services of any
subcontractors or professional associates.
d. Discrimination.
i. CONTRACTOR shall not discriminate against any employee employed in the
performance of this Agreement, or against any applicant for employment
because of age, ethnicity, race, religious belief,disability,national origin,or sex.
CONTRACTOR shall not exclude any person,on the grounds of age,ethnicity,
race, religious belief, disability, national origin, or sex, from participation in,
denied the benefits of,or be otherwise subjected to discrimination in any activity
under,this Agreement.
ii. CONTRACTOR shall provide a harassment-free workplace,with any allegation
of harassment given priority attention and action by management.
e. Independent contractor.
i. CONTRACTOR is,and will be deemed to be,an independent contractor and not
a servant, employee, joint adventurer, or partner of the COUNTY. None of
CONTRACTOR's agents, employees, or servants are, or will be deemed to be,
Page 6 of 15
• •
the agent, employee, or servant of the COUNTY. None of the benefits, if any,
provided by the COUNTY to its employees, including but not limited to,
compensation insurance and unemployment insurance, are available from the
COUNTY to the employees, agents, or servants of CONTRACTOR.
CONTRACTOR will be solely and entirely responsible for its acts and for the
acts of its agents, employees, servants, and subcontractors during the
performance of this Agreement. Although CONTRACTOR is an independent
contractor, the work contemplated herein must meet the approval of the
COUNTY and is subject to the COUNTY's general right of inspection to secure
the satisfactory completion thereof. CONTRACTOR must comply with all
Federal, State and municipal laws,rules and regulations that are now or may in
the future become applicable to CONTRACTOR, or to CONTRACTOR'S
business, equipment, or personnel engaged in operations covered by this
Agreement or accruing out of the performance of such operations. The
COUNTY will not be held responsible for the collection of or the payment of
taxes or contributions of any nature on behalf of CONTRACTOR.
ii. CONTRACTOR will bear all losses resulting to it on account of the amount or
character of the work, or because of bad weather, or because of errors or
omissions in its contract price.
iii. CONTRACTOR must utilize, and must expressly require all subcontractors to
utilize, the U.S. Department of Homeland Security's E-Verify system to verify
the employment eligibility of all new employees hired by CONTRACTOR and
any subcontractors during the Term of this Agreement.
f. Indemnification.
CONTRACTOR must indemnify and hold the COUNTY harmless against and
from any and all claims, losses, penalties, interest, demands,judgments, costs,
damages, or expenses, including attorney's fees and court costs, incurred by the
COUNTY, or its agents, officers, or employees, arising directly or indirectly
from CONTRACTOR's performance under this Agreement or by any person on
CONTRACTOR's behalf, including but not limited to those claims, losses,
penalties, interest,demands,judgments,costs,damages, or expenses arising out
of any accident, casualty, or other occurrence causing injury to any person or
property. This includes persons employed or utilized by CONTRACTOR
(including CONTRACTOR's agents, employees, and subcontractors).
CONTRACTOR must further indemnify the COUNTY against any claim that
any product purchased or licensed by the COUNTY from CONTRACTOR
under this Agreement infringes a United States patent,trademark, or copyright.
CONTRACTOR acknowledges that CONTRACTOR has received
consideration for this indemnification, and any other indemnification of the
COUNTY by CONTRACTOR provided for within the Bid Documents, the
sufficiency of such consideration being acknowledged by CONTRACTOR, by
CONTRACTOR's execution of this Agreement. CONTRACTOR's obligation
will not be limited by, or in any way to, any insurance coverage or by any
provision in or exclusion or omission from any policy of insurance,whether such
insurance is in connection with this Agreement or otherwise. Such
Page 7 of 15
• •
indemnification is in addition to any and all other legal remedies available to the
COUNTY and not considered to be the COUNTY's exclusive remedy.
ii. In the event that any claim in writing is asserted by a third party which may
entitle the COUNTY to indemnification,the COUNTY must give notice thereof
to CONTRACTOR,which notice must be accompanied by a copy of statement
of the claim. Following the notice, CONTRACTOR has the right, but not the
obligation, to participate at its sole expense, in the defense, compromise or
settlement of such claim with counsel of its choice.If CONTRACTOR does not
timely defend, contest, or otherwise protect against any suit, action or other
proceeding arising from such claim, or in the event the COUNTY decides to
participate in the proceeding or defense, the COUNTY will have the right to
defend, contest, or otherwise protect itself against same and be reimbursed for
expenses and reasonable attorney's fees and, upon not less than ten (10) days
notice to CONTRACTOR, to make any reasonable compromise or settlement
thereof. In connection with any claim as aforesaid, the parties hereto must
cooperate fully with each other and make available all pertinent information
necessary or advisable for the defense, compromise or settlement of such claim.
iii. The indemnification provisions of this paragraph will survive the termination of
this Agreement.
g. Sovereign Immunity. Nothing in this Agreement extends, or will be construed to
extend, the COUNTY's liability beyond that provided in section 768.28, Florida
Statutes. Nothing in this Agreement is a consent, or will be construed as consent, by
the COUNTY to be sued by third parties in any matter arising out of this Agreement.
h. Public records.
CONTRACTOR is a"Contractor"as defined by Section 119.0701(1)(a),Florida
Statutes, and must comply with the public records provisions of Chapter 119,
Florida Statutes, including the following:
1. Keep and maintain public records required by the COUNTY to perform
the service.
2. Upon request from the COUNTY's custodian of public 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 Chapter 119 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 this Agreement term and following
completion of the Agreement if CONTRACTOR does not transfer the
records to the COUNTY.
4. Upon completion of this Agreement, transfer, at no cost, to the
COUNTY all public records in possession of CONTRACTOR or keep
and maintain public records required by the COUNTY to perform the
service. If CONTRACTOR transfers all public records to the COUNTY
upon completion of this Agreement,CONTRACTOR must destroy any
duplicate public records that are exempt or confidential and exempt from
Page 8 of 15
•
public records disclosure requirements. If CONTRACTOR keeps and
maintains public records upon completion of this Agreement,
CONTRACTOR must 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 public
records, in a format that is compatible with the information technology
systems of the COUNTY.
ii. "Public records" is defined in Section 119.011(12), Florida Statutes, as may,
from time to time, be amended.
iii. If CONTRACTOR asserts any exemptions to the requirements of Chapter 119
and related law, CONTRACTOR will have the burden of establishing such
exemption, by way of injunctive or other relief as provided by law.
iv. CONTRACTOR consents to the COUNTY's enforcement of CONTRACTOR's
Chapter 119 requirements, by all legal means, including, but not limited to, a
mandatory injunction, whereupon CONTRACTOR must pay all court costs and
reasonable attomey's fees incurred by COUNTY.
v. CONTRACTOR's failure to provide public records within a reasonable time
may be subject to penalties under Section 119.10,Florida Statutes. Further,such
failure by CONTRACTOR will be grounds for immediate unilateral cancellation
of this Agreement by the COUNTY.
vi. 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, THE
COUNTY ADMINISTRATOR, AT:
OKEECHOBEE COUNTY ADMINISTRATOR
304 NW 2ND STREET
ROOM 123
OKEECHOBEE, FL 34972
863-763-6441, EXT 1
PUBLICRECORDS@OKEECHOBEECOUNTYFL.GOV
Federal or State Funding. If any portion of the funding for this Agreement is derived
from the State of Florida, or any department of the State of Florida, or from federal
funding through the State of Florida, the provisions of this sub-paragraph shall apply,
provisions elsewhere in this Agreement to the contrary notwithstanding.
CONTRACTOR shall make inquiry from the COUNTY's Project Manager to
determine whether Federal or State funding is applicable to this Agreement.
i. E-Verify. CONTRACTOR must utilize, and must expressly require all
subcontractors to utilize,the U.S. Department of Homeland Security's E-Verify
system to verify the employment eligibility of all new employees hired by
CONTRACTOR during the Term of this Agreement.
Page 9 of 15
• •
ii. Agency. CONTRACTOR agrees and acknowledges that it, its employees, and
its subcontractors are not agents or employees of the Federal Government, of the
State of Florida, or of any department of the Federal Government or the State of
Florida.
iii. Indemnification. To the fullest extent permitted by law, CONTRACTOR shall
indemnify and hold harmless the COUNTY, the Federal Government,the State
of Florida, any department of the Federal Government or the State of Florida,
and all officers and employees, from liabilities, damages, losses and costs,
including, but not limited to, reasonable attomey's fees,to the extent caused by
the negligence, recklessness or intentional wrongful misconduct of
CONTRACTOR and persons employed or utilized by CONTRACTOR in the
performance of this Agreement. This indemnification shall survive the
termination of this Agreement. Nothing contained in this paragraph is intended
to nor shall it constitute a waiver of the State of Florida and the COUNTY's
sovereign immunity.
iv. Workers' Compensation Insurance. CONTRACTOR must provide Workers'
Compensation Insurance in accordance with Florida's Workers' Compensation
law for all employees. If subletting any of the work, CONTRACTOR must
ensure that the subcontractor(s)have Workers'Compensation Insurance for their
employees in accordance with Florida's Workers' Compensation law. If using
"leased employees" or employees obtained through professional employer
organizations ("PEO's"), CONTRACTOR must ensure that such employees are
covered by Workers'Compensation insurance through the PEO's or other leasing
entities. CONTRACTOR must ensure that any equipment rental agreements
that include operators or other personnel who are employees of independent
Contractors, sole proprietorships or partners are covered by insurance required
under Florida's Workers' Compensation law.
v. Liability Insurance. Contractor shall carry Commercial General Liability
insurance providing continuous coverage for all work or operations performed
under the Agreement. Such insurance shall be no more restrictive than that
provided by the latest occurrence form edition of the standard Commercial
General Liability Coverage Form (ISO Form CG 00 01) as filed for use in the
State of Florida. CONTRACTOR shall cause the State of Florida to be made an
Additional Insured as to such insurance. Such coverage shall be on an
"occurrence" basis and shall include Products/Completed Operations coverage.
The coverage afforded to the State of Florida as an Additional Insured shall be
primary as to any other available insurance and shall not be more restrictive than
the coverage afforded to the Named Insured. The limits of coverage shall not be
less than $1,000,000 for each occurrence and not less than a $5,000,000 annual
general aggregate, inclusive of amounts provided by an umbrella or excess
policy. The limits of coverage described herein shall apply fully to the work or
operations performed under the Contract, and may not be shared with or
diminished by claims unrelated to this Agreement. The policy/ies and coverage
described herein may be subject to a deductible. CONTRACTOR shall pay all
deductibles as required by the policy.No policy/ies or coverage described herein
may contain or be subject to a Retention or a Self-Insured Retention. At all
Page 10 of 15
• •
renewal periods which occur prior to final acceptance of the work,the COUNTY
and the State of Florida shall be provided with an ACORD Certificate of
Liability Insurance reflecting the coverage described herein. The COUNTY and
the State of Florida shall be notified in writing within ten days of any
cancellation, notice of cancellation, lapse, renewal, or proposed change to any
policy or coverage described herein.The COUNTY's or the State of Florida's
approval or failure to disapprove any policy/ies, coverage, or ACORD
Certificates shall not relieve or excuse any obligation to procure and maintain
the insurance required herein,nor serve as a waiver of any rights or defenses the
COUNTY or the State of Florida may have.
vi. Inspections. CONTRACTOR shall permit, and require its subcontractors to
permit, the COUNTY's and the State of Florida's authorized representatives to
inspect all work, materials, payrolls, and records, to audit the books, records,
and accounts pertaining to the financing and development of the Services
described in the Contract Documents.
vii. Auditor General Cooperation. CONTRACTOR shall comply with §20.055(5),
Florida Statutes, and shall incorporate in all subcontracts the obligation to
comply with§20.055(5),Florida Statutes.
j. E-Verify Compliance.Contractor affirmatively states, under penalty of perjury,that in
accordance with Section 448.095, Fla. Stat., Contractor is registered with and uses the
E-Verify system to verify the work authorization status of all newly hired employees,
that in accordance with such statute,Contractor requires from each of its subcontractors
an affidavit stating that the subcontractor does not employ, contract with,or subcontract
with an unauthorized alien,and that Contractor is otherwise in compliance with Sections
448.09 and 448.095, Fla. Stat.
11. Miscellaneous Provisions. The following miscellaneous provisions apply to this Agreement:
a. Binding Nature of Agreement. This Agreement is binding upon the successors and
assigns of the parties hereto.
b. Entire Agreement. This Agreement states the entire understanding between the parties
and supersedes any written or oral representations, statements, negotiations, or
agreements to the contrary. CONTRACTOR recognizes that any representations,
statements, or negotiations made by the County staff do not suffice to legally bind the
COUNTY in a contractual relationship unless they have been reduced to writing,
authorized, and signed by the authorized COUNTY representatives.
c. Amendment. No modification, amendment, or alteration in the terms or conditions of
this Agreement will be effective unless contained in a written document executed with
the same formality as this Agreement.
d. Severability. If any term or provision of this Agreement is held, to any extent, invalid
or unenforceable,as against any person,entity,or circumstance during the Term hereof,
by force of any statute, law, or ruling of any forum of competent jurisdiction, such
Page 11 of 15
0 •
invalidity will not affect any other term or provision of this Agreement, to the extent
that the Agreement will remain operable,enforceable,and in full force and effect to the
extent permitted by law.
e. Construction. If any provision of this Agreement becomes subject to judicial
interpretation,the court interpreting or considering such provision should not apply the
presumption or rule of construction that the terms of this Agreement be more strictly
construed against the party which itself or through its counsel or other agent prepared
it. All parties hereto have participated in the preparation of the final form of this
Agreement through review by their respective counsel, if any, or the negotiation of
specific language, or both, and, therefore, the application of such presumption or rule
of construction would be inappropriate and contrary to the intent of the parties.
f. Headings. All headings in this Agreement are for convenience only and are not to be
used in any judicial construction or interpretation of this Agreement or any paragraph.
g. Waiver. The indulgence of either party with regard to any breach or failure to perform
any provision of this Agreement does not constitute a waiver of the provision or any
portion of this Agreement, either at the time the breach or failure occurs or at any time
throughout the term of this Agreement. The review of,approval of,or payment for any
of CONTRACTOR's work product,services, or materials does not operate as a waiver,
and should not be construed as a waiver, of any of the COUNTY's rights under this
Agreement, or of any cause of action the COUNTY may have arising out of the
performance of this Agreement.
h. Force Majeure. Notwithstanding any provisions of this Agreement to the contrary,the
parties will not be held liable if failure or delay in the performance of this Agreement
arises from fires, floods, strikes, embargos, acts of the public enemy, unusually severe
weather, out break of war, restraint of government, riots, civil commotion, force
majeure, act of God, or for any other cause of the same character which is unavoidable
through the exercise of due care and beyond the control of the parties. This provision
does not apply if the "Scope of Services" of this Agreement specifies that performance
by CONTRACTOR is specifically required during the occurrence of any of the events
herein mentioned.
i. Compliance/Consistency with Scrutinized Companies Provisions of Florida
Statutes.Section 287.135(2)(a), 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(2)(b), Florida Statutes,
further prohibits a company from bidding on, submitting a proposal for,or entering into
or renewing a contract for goods or services over one million dollars ($1,000,000) if, at
the time of contracting or renewal,the company is on either the Scrutinized Companies
with Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, both created pursuant to section 215.473, Florida
Page 12 of 15
• •
Statutes,or the company is engaged in business operations in Cuba or Syria.Contractor
hereby certifies that Contractor is not listed on any of the following: (i)the Scrutinized
Companies that Boycott Israel List, (ii) Scrutinized Companies with Activities in Sudan
List, or (iii) the Scrutinized Companies with Activities in the Iran Petroleum Energy
Sector List. Contractor further hereby certifies that Contractor is not engaged in a
boycott of Israel or engaged in business operations in Cuba or Syria. Contractor
understands that pursuant to section 287.135,Florida Statutes,the submission of a false
certification may subject Contractor to civil penalties, attorney's fees, and/or costs.
Contractor further understands that any contract with County for goods or services of
any amount may be terminated at the option of County if Contractor(i) is found to have
submitted a false certification, (ii) has been placed on the Scrutinized Companies that
Boycott Israel List, or (iii) is engaged in a boycott of Israel. And, in addition to the
foregoing, if the amount of the contract is one million dollars ($1,000,000)or more,the
contract may be terminated at the option of County if the company is found to have
submitted a false certification, has been placed on the Scrutinized Companies with
Activities in Sudan List or the Scrutinized Companies with Activities in the Iran
Petroleum Energy Sector List, or has been engaged in business operations in Cuba or
Syria.
j. Disclosure Requirements for "Foreign Countries of Concern". CONTRACTOR
shall comply with the disclosure requirements set forth is section 286.101 (3) (a), F.S.,
which requires "Any entity that applies to a state agency or political subdivision for a
grant or proposes having a contract value of$100,000 or more shall disclose to the state
agency or political subdivision any current or prior interest of,any contract with,or any
grant or gift received from a"foreign country of concern"if such interest,contract,grant
or gift received from a "foreign country of concern" if such interest,contract,grant or
gift has a value of$50,000 or more and such interest existed at any time or such contract,
grant or gift was received or in force at any time during the previous five(5)years.Such
disclosure shall contain the name and mailing address of the disclosing entity, the
amount of the gift or the value of the interest disclosed,the applicable"foreign country
of concern"and, if applicable the date of termination of the contract or interest,the date
of receipt of the grant or gift and the name of the agent or controlled entity that is the
source or interest holder.Within one(1)year before applying for any grantor proposing
any contract, such entity must provide a copy of such disclosure to the Department of
Financial Services". Pursuant to section 268.101(7), F.S.: "In addition to any fine
assessed under [section 286.101(7)(a), F.S.J, a final order determining a third or
subsequent violation by an entity other than a state agency or political subdivision shall
automatically disqualify the entity from eligibility for any grant or contract funded by a
state agency or any political subdivision until such ineligibility is lifted by the
Administration Commission for good cause."
k. Non-appropriation. COUNTY's performance and obligation to pay under this Agreement is
contingent upon an appropriation during the COUNTY's annual budget approval process. If
funds are not appropriated for a fiscal year, then the CONTRACTOR shall be notified as soon
as is practical by memorandum from the County Administrator or designee that funds have not
been appropriated for continuation of the Agreement,and the Agreement shall expire at the end
of the fiscal year for which funding has been appropriated. The termination of the Agreement
Page 13 of 15
• •
at fiscal year end shall be without penalty or expense to the COUNTY subject to the COUNTY
paying all invoices for services rendered during the period the Agreement was funded by
appropriations
Law; Venue.This Agreement is being executed in Okeechobee County, Florida and is
governed in accordance with the laws of the State of Florida. Venue of any action
hereunder will be in Okeechobee County, Florida.
12. Special Provisions.
a. This Agreement may be signed in Counterparts and electronic copies shall be treated as
originals.
(SIGNATURE PAGE FOLLOWS)
Page 14 of 15
• •
C.W. ROBERTS CONTRACTING INC.
INDEPENDENT CONTRACTOR'S AGREEMENT 2024
SIGNATURE PAGE
IN WITNESS WHEREOF, the parties hereto have signed and sealed this Agreement
effective the date I irst written above.
OKEFC--HOB .E COUNTY,a political
su division of he State of lurid:
D jI E. FI\LLi . IEF - IRMAN
OARD OF COUNTY I I IS )NERS
ATTEST:
CAW (Seal)
JERALD D. BRYANT,CLERK OF
TI-IE CIRCUIT COURT&COMPTROLLER
Date signed by COUNTY: kI 2q I r02..q
C.W. ROBERTS CONTRACTING,INC.
Digitally signed by Daniel A
Hoy
Daniel A Hoyt Datet:1024.08.74178131
by De,0o
ROBERT P. FLOWERS. IlS
PRESIDENT AND AUTHORIZED
AGENT
1,1111',111 i,,I..
(CORPORATE SEAL) ;��'
ATI EST:
Signature ., _.
Printed Name: M 01 tth MI SI i'.
��
Title:Corporate Secretary Cj
Date: g j I Z In 2.L1
Page 15of15
• •
[EXHIBIT"A" to Independent Contractor's Agreement-C.W. Roberts Contracting, Inc.]
WORK AUTHORIZATION FOR INDEPENDENT CONTRACTOR'S
AGREEMENT
Pursuant to that certain INDEPENDENT CONTRACTOR'S AGREEMENT dated the 29th
day of August, 2024, (hereinafter referred to as the "INDEPENDENT CONTRACTOR'S
AGREEMENT")by and between OKEECHOBEE COUNTY,a political subdivision of the State
of Florida (hereinafter the "COUNTY") and C.W. ROBERTS CONTRACTING, INC., a Florida
corporation (hereinafter"CONTRACTOR"), the parties agree as follows:
1. Scope of Services: CONTRACTOR shall be responsible for providing and shall provide
the services described in the Scope of Services, which is set forth in the Scope of Services
attached hereto as Exhibit"A"and incorporated herein by reference. Any conflict between
the terms and conditions set forth in Exhibit"A"to this WORK AUTHORIZATION shall
be resolved in favor of the body of the INDEPENDANT CONTRACTOR'S
AGREEMENT.
2. Payment: In consideration of the performance of the Scope of Services, the COUNTY
agrees to pay CONTRACTOR for all work actually performed, at the rate or basis
described in Exhibit"A" to the INDEPENDANT CONTRACTOR'S AGREEMENT.The
estimated cost for each component task is set forth in Exhibit "A" to this WORK
AUTHORIZATION, which is attached hereto and incorporated herein by reference;
provided that in no event shall the payment to CONTRACTOR exceed
$ 1,500,000.00 . The COUNTY reserves the right to ratably withhold amounts in
the event of the nonperformance of all or part of CONTRACTOR's obligations. The
CONTRACTOR shall, without additional compensation, correct and revise any errors,
omissions or other deficiencies in its work product, services, or materials arising from the
error or omission or negligent act of CONTRACTOR.
3. Time for Completion; CONTRACTOR shall commence the Scope of Services upon
receipt of the fully executed WORK AUTHORIZATION. CONTRACTOR shall perform
the Scope of Services in an expeditious and orderly manner to meet the schedule of the
tasks set forth in the Scope of Services as mutually agreed to with the COUNTY. When
time periods for services are indicated in Exhibit "A", CONTRACTOR shall complete the
services within the time periods indicated. Final completion shall occur after (1)
CONTRACTOR has completed its final walk through of the project and submitted its final
report; and(2)the final invoice has been issued.
4. Project Manager: The COUNTY's Project Manager for this WORK AUTHORIZATION
is Darren Brown,Director of Public Works or his authorized designee. CONTRACTOR's
Project Manager for this WORK AUTHORIZATION is Dan Hoyt
5. Independent Contractor's Agreement: This WORK AUTHORIZATION shall be subject
to the terms,conditions,and provisions of the INDEPENDENT CONTRACTOR'S
AGREEMENT.
Page 1 of 2
• •
[EXHIBIT"A"to Independent Contractor's Agreement-C.W. Roberts Contracting, Inc.]
6. Other; This WORK AUTHORIZATION may be signed in counterparts and electronic
copies shall be deemed as originals.
IN WITNESS WHEREOF, the parties hereto have signed and scaled this Work
Authorization is effective the date Iirst written above.
OIC )I3EE COUNTY,a political
su divisio of the State f Hod a
ID E. IA7 L . , IRMAN
BOARD OF COUNTY MIS. ONERS
ATTEST:
\,W C"G�K\ - o c (Seal)
JERALD D. BRYANT.CLERK OF
THE CIRCUIT COURT&COMPTROLLER
Date signed by COUNTY: .I 2ci 122LI
C.W. ROBERTS CONTRACTING, INC.
Daniel A Hoyt Digitally signed by Daniel A Hoyt
Daly 2024.08.2G 12:04:58-0�l'00'
by
ROBERT P. FLOWERS, ITS
PRESIDENT AND AUTHORIZED
AGENT
(CORPORATE SEAL)
ATTEST: ,,,,,,,,,,,,,,,,,,.,.,
Signature: fG/�� �. �` ,` \N- ��C`
Printed Name: n/�1t leAN �t��,� "" .
Title:Corporate Secretary „
Date: � I Z !II ZU2�� �^� ,J � .
I --
..
Page 2of2
• •
EXHIBIT "B"
Okeechobee County 2024 paving list Milling Req
Roads footage est sub division /area
NE 8th st from NE 16th ave to NE 14th ave 530 ft douglas park
NE 7th st from NE 15th ave to ne 14th ave 230 ft douglas park
NE 15th ave from NE 8th st to NE 12th st 1645 ft douglas park
NE 10th st from NE 16th ave to NE 14th ave 518 ft douglas park
NE 13th st from NE 16th ave to NE 17th ave 323 ft douglas park
NE 17th ave from NE 13th st to NE 15th st 525 ft douglas park
NE 15th st from NE 17th ave to NE 16th ave 323 ft douglas park
SE 38th ave from SE 6th st to SE 37th terr 900 ft conners gable
SE 6th st from SE 36th terr to SE 40th ave 1300 ft conners gable
SE 86th Blvd(15A)from US 441 to Hwy 710 4526 ft Okeechobee Hammock
NW 96th ct from NW 80th ave to the end 2625 ft Dixie Ranch
NW 7th St from NW 18th Av to end 560 ft Okeechobee Park Area
NW 9th st from SR 98 to city limits 2450 ft Lawrence Industrial Area
SW 144th Pkwy&SW 16th Dr. 140ft River Oak Acres
SW 13th st from SW 67th DR to the end 4775 ft lazy 7 area
SW28th Terrace from SW 8th St to end 1525 ft Pine Acres
NW 72nd ave from new asphalt to the end 5415 ft dinner island
NW 364th RD from SR 441 to NW 4th Dr 1500 ft fort drum ranchettes
NW 8th terr from nw 364th rd to NW 366th trail 665 ft fort drum ranchettes
NW 366th trail to the end at the turnpike 6210 ft fort drum ranchettes
NE 301st blvd from NE 304th st to NE 48th Ave 5305 ft Ft Drum Cemetery rd
NE 48th Ave from NE 301st blvd to NE 304th St 4500 ft Ft Drum Cemetery rd
NE 28th Ave(Ellerby Rd)from hwy 70 to End 2360 ft pine ridge estates
NE 30th terr from NE 11th In to NE 8th st 1065 ft pine ridge estates
NE 31st terr from NE 11th In to NE 8th st 1065 ft pine ridge estates
This list is in order of importance...And will be modified as needed.
• •
EXHIBIT "C"
V.BID PROPOSAL
Page 1 of 2
RFP 2024-01
OKEECHOBEE COUNTY
ASPHALT RESURFACING AND
NEW ROAD CONSTRUCTION
The undersigned bidder has carefully examined the bid documents and the contract documents,the site of
work and is familiar with the nature and extent of the work,and any local conditions that may in any manner
affect the work to be done and the equipment, materials, labor and expertise required and accordingly
submits the following bid:
ITEM NO. 1: Furnish and place SP-9.5 (Superpave)Asphalt, includin tack coat:
1 to 20 Tons $ 2,770.00_/Ton
20 to 50 Tons $ 900.00 /Ton
Over 50 Tons $ 191.00 /Ton
ITEM NO. 2: Mill Transitions in existing asphalt five feet(5') wide with a minimum depth of one inch
(1")at the tie in location to zero inches(0").The linear foot price shall be the total length of the milled joint
at the tie.
1'to 20' $ 240.00 /Linear Foot
21' to 100' $ 40.00 /Linear Foot
Over 100' $ 13.50 /Linear Foot
ITEM NO.3:Asphalt Milling,Removal and Disposal—1"Average Depth:
0 to 100 S.Y. $ 300.00 /Square Yard
101 to 500 S.Y. $ 60.00 /Square Yard
501 to 1000 S.Y. $ 22.00 /Square Yard
Over 1000 S.Y. $_4.00 /Square Yard
ITEM NO.4: Asphalt Milling,Haul to County Stockpile*—1"Average Depth:
0 to 100 S.Y. $ 300.00 /Square Yard
101 to 500 S.Y. $ 60.00 /Square Yard
501 to 1000 S.Y. $ 22.00 /Square Yard
Over 1000 S.Y. $ 4.00 /Square Yard
*County stockpile is located at 2442 US Highway 441 North(access is from NW 23rd Lane just west
of US 441)
ITEM NO.5: Full Size(7' +/-)Road Miller $ 14,000.00,/Day
ITEM NO. 6: Painted Pavement Markings
6"Solid White 0—2000 If $ 0.35 /Linear Feet
6"Solid White 2001 to 5000 If $ 0.50 /Linear Feet
6"Solid White over 5000 If $ 0.50 _ /Linear Feet
6"Solid Yellow 0—2000 If $ 0.35 /Linear Feet
6"Solid Yellow 2001 to 5000 If $ 0.5 0 /Linear Feet
[l056-0002t655.I ADMtN) 16
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6"Solid Yellow over 5000 If $ 0.50 /Linear Feet
6"10'-30'Skip White 0-1 mi $ 2500.00 /Gross Mile
6"10'-30'Skip White 1 to 5 mi $ 725.00 /Gross Mile
6" 10'-30' Skip White over 5 mi $ 725.00 /Gross Mile
6" 10'-30 Skip Yellow 0-1 mi $ 850.00 /Gross Mile
12"Solid White 0-500 If $ 2.50 /Linear Feet
12"Solid White over 500 If $ 2.25 /Linear Feet
24"Solid White 0-100 If $ 3.50 /Linear Feet
24"Solid White over 100 If $ 3.00 /Linear Feet
Does the bidder have evidence of being an FDOT approved vendor?Yes x No
Does the bidder take any exceptions to the Bid Specifications?Yes No x
If"Yes", please detail those exceptions on this form. [Additional signed&dater;-heets may be used].
Acknowledgement of Addendums: (Initial and date)
Addendum: Number I: Initial 04/23/24 Date
Addendum: Number 2: Initial 04/23/24 Date
Addendum: Number 3: Initial 04/23/24 Date
Contractor is able to start paving within 30 days after"Notice to Proceed"/Purchase Order is
rec i d.
AA-VP Af-tf.)-- AtAtz0( 2/ 5120z 4/
Authorized Signature Date
C.W.Roberts Contracting,Inc.
Company Name
8530 SW Jayme Way,Palm City, FL 34990,772-288-0951
Address and phone numbers.
END OF BID PROPOSAL
[1056-0002 165 5.1 ADMIN] 17
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Select Year: 2023 G0]
The 2o23 Florida Statutes (including Special Session C)
Title XiX Cho er 2E View.Entire Chapter
PUBLIC BUSINESS PROCUREMENT OF PERSONAL PROPERTY AND SERVICES
287.057 Procurement of commodities or contractual services.—
(1) The competitive solicitation processes authorized in this section shall be used for procurement of
commodities or contractual services in excess of the threshold amount provided for CATEGORY TWO in s.7.87.017.
Any competitive solicitation shall be made available simultaneously to all vendors,must include the time and date
for the receipt of bids, proposals, or replies and of the public opening, and must include all contractual terms and
conditions applicable to the procurement, including the criteria to be used In determining acceptability and
relative merit of the bid, proposal,or reply.
(a) Invitation to bid.—The invitation to bid shall be used when the agency is capable of specifically defining the
scope of work for which a contractual service is required or when the agency is capable of establishing precise
specifications defining the actual commodity or group of commodities required.
1. All invitations to bid must include:
a. A detailed description of the commodities or contractual services sought; and
b. If the agency contemplates renewal of the contract, a statement to that effect.
2. Bids submitted in response to an invitation to bid in which the agency contemplates renewal of the contract
must include the price for each year for which the contract may be renewed.
3. Evaluation of bids must include consideration of the total cost for each year of the contract,including
renewal years, as submitted by the vendor.
4. The contract shall be awarded to the responsible and responsive vendor who submits the lowest responsive
bid.
(b) Request for proposals.—An agency shall use a request for proposals when the purposes and uses far which
the commodity, group of commodities,or contractual service being sought can be specifically defined and the
agency is capable of identifying necessary deliverables. Various combinations or versions of commodities or
contractual services may be proposed by a responsive vendor to meet the specifications of the solicitation
document.
1. Before issuing a request for proposals, the agency must determine and specify in writing the reasons that
procurement by invitation to bid is not practicable.
2. All requests for proposals must include:
a. A statement describing the commodities or contractual services sought;
b. The relative importance of price and other evaluation criteria; and
c. If the agency contemplates renewal of the contract, a statement to that effect.
3. Criteria that will be used for evaluation of proposals must include, but are not limited to:
a. Price,which must be specified in the proposal;
b. If the agency contemplates renewal of the contract, the price for each year for which the contract may be
renewed;
c. Consideration of the total cost for each year of the contract, including renewal years, as submitted by the
vendor; and
d. Consideration of prior relevant experience of the vendor.
• .
only from a single source, the agency shall electronically post a description of the commodities or contractual
services sought for at least 15 business days.The description must include a request that prospective vendors
provide information regarding their ability to supply the commodities or contractual services described.If it is
determined in writing by the agency, after reviewing any information received from prospective vendors that the
commodities or contractual services are available only from a single source, the agency shall provide notice of its
intended decision to enter a single-source purchase contract in the manner specified in s. 120.57(3). Each agency
shall report all such actions to the department on a quarterly basis in a manner and form prescribed by the
department, and the department shall report such information to the Governor, the President of the Senate, and
the Speaker of the House of Representatives no later than each January 1.
(d) Prescriptive assistive devices for the purpose of medical, developmental,or vocational rehabilitation of
clients are excepted from competitive-solicitation requirements and shall be procured pursuant to an established
fee schedule or by any other method that ensures the best price for the state, taking into consideration the needs
of the client. Prescriptive assistive devices include, but are not limited to, prosthetics, orthottcs, and wheelchairs.
For purchases made pursuant to this paragraph, state agencies shall annually file with the department a description
of the purchases and methods of procurement.
(e) The following contractual services and commodities are not subject to the competitive-solicitation
requirements of this section:
1. Artistic services.As used in this subsection,the term "artistic services"does not include advertising or
typesetting.As used in this subparagraph, the term "advertising"means the making of a representation in any form
in connection with a trade, business, craft, or profession in order to promote the supply of commodities or services
by the person promoting the commodities or contractual services.
2. Academic program reviews if the fee for such services does not exceed$50,000.
3. Lectures by individuals.
4. Legal services, including attorney, paralegal, expert witness, appraisal,or mediator services.
5. Health services involving examination, diagnosis, treatment, prevention, medical consultation,or
administration.The term also includes, but is not limited to, substance abuse and mental health services involving
examination, diagnosis, treatment, prevention, or medical consultation if such services are offered to eligible
individuals participating in a specific program that qualifies multiple providers and uses a standard payment
methodology. Reimbursement of administrative costs for providers of services purchased in this manner are also
exempt. For purposes of this subparagraph, the term "providers" means health professionals and health facilities,
or organizations that deliver or arrange for the delivery of health services.
6. Services provided to persons with mental or physical disabilities by not-for-profit corporations that have
obtained exemptions under s. 501(c)(3)of the United States Internal Revenue Code or when such services are
governed by Office of Management and Budget Circular A-122. However,in acquiring such services, the agency shall
consider the ability of the vendor, past performance,willingness to meet time requirements, and price.
7. Medicaid services delivered to an eligible Medicaid recipient unless the agency is directed otherwise in law.
8. Family placement services.
9. Prevention services related to mental health, including drug abuse prevention programs, child abuse
prevention programs, and shelters for runaways,operated by not-for-profit corporations. However, in acquiring
such services, the agency shall consider the ability of the vendor, past performance, willingness to meet time
requirements, and price.
10. Training and education services provided to injured employees pursuant to s. 440.491(6).
11. Contracts entered into pursuant to s.337.11.
12. Services or commodities provided by governmental entities.
13. Statewide public service announcement programs provided by a Florida statewide nonprofit corporation
under s. 501(c)(6)of the Internal Revenue Code which have a guaranteed documented match of at least$3 to 51.
(f) Continuing education events or programs that are offered to the general public and for which fees have
been collected which pay all expenses associated with the event or program are exempt from requirements for
competitive solicitation.
• •
(10) An agency shall not divide the solicitation of commodities or contractual services so as to avoid the
requirements of subsections (1)-(3).
(11) A contract for commodities or contractual services may be awarded without competition if state or federal
law prescribes with whom the agency must contract or if the rate of payment or the recipient of the funds is
established during the appropriations process.
(12) If two equal responses to a solicitation or a request for quote are received and one response is from a
certified minority business enterprise, the agency shall enter into a contract with the certified minority business
enterprise.
(13) Extension of a contract for commodities or contractual services must be in writing for a period not to
exceed 6 months and is subject to the same terms and conditions set forth in the initial contract and any written
amendments signed by the parties. There may be only one extension of a contract unless the failure to meet the
criteria set forth in the contract for completion of the contract is due to events beyond the control of the
contractor.
(14) Contracts for commodities or contractual services may be renewed for a period that may not exceed 3
years or the term of the original contract, whichever is longer. Renewal of a contract for commodities a
contractual services must be in writing ands subject to the same terms and conditions set forth in the Initial
contract and any written amendments signed by the parties. If the commodity or contractual service is purchased
as a result of the solicitation of bids, proposals,or replies, the price of the commodity or contractual service to be
renewed must be specified in the bid, proposal, or reply, except that an agency may negotiate lower pricing.A
renewal contract may not include any compensation for costs associated with the renewal. Renewals are contingent
upon satisfactory performance evaluations by the agency and subject to the availability of funds. Exceptional
purchase contracts pursuant to paragraphs (3)(a) and(c)may not be renewed.With the exception of subsection
(11), if a contract amendment results in a longer contract term or increased payments, a state agency may not
renew or amend a contract for the outsourcing of a service or activity that has an original term value exceeding$5
million before submitting a written report concerning contract performance to the Governor, the President of the
Senate, and the Speaker of the House of Representatives at least 90 days before execution of the renewal or
amendment.
(15)(a) For each contractual services contract, the agency shall designate an employee to function as contract
manager who is responsible for enforcing performance of the contract terms and conditions and serves as a liaison
between the contractor and the agency. The contract manager may not be an individual who has been employed,
within the previous 5 years,by the vendor awarded the contractual services contract.The primary responsibilities
of a contract manager include:
1. Participating in the solicitation development and review of contract documents.
2. Monitoring the contractor's progress and performance to ensure procured products and services conform to
the contract requirements and keep timely records of findings.
3. Managing and documenting any changes to the contract through the amendment process authorized by the
terms of the contract.
4. Monitoring the contract budget to ensure sufficient funds are available throughout the term of the contract.
5. Exercising applicable remedies, as appropriate, when a contractor's performance is deficient.
(b) Each contract manager who is responsible for contracts in excess of the threshold amount for CATEGORY
TWO must, at a minimum, complete training conducted by the Chief Financial Officer for accountability in
contracts and grant management. The Chief Financial Officer shall evaluate such training every 5 years to assess its
effectiveness and update the training curriculum.The Chief Financial Officer shalt establish and disseminate
uniform procedures pursuant to s. 17.03(3) to ensure that contractual services have been rendered in accordance
with the contract terms before the agency processes the invoice for payment. The procedures must include, but
need not be limited to, procedures for monitoring and documenting contractor performance, reviewing and
documenting all deliverables for which payment is requested by vendors, and providing written certification by
contract managers of the agency's receipt of goods and services.
• •
(18) Any person who supervises contract administrators or contract or grant managers that meet criteria for
certification in subsection(15) shall annually complete public procurement training for supervisors within 12
months after appointment to the supervisory position. The department is responsible for establishing and
disseminating the training course content required for supervisors.
(19)(a)1. Each agency must avoid, neutralize, or mitigate significant potential organizational conflicts of
interest before a contract is awarded. If the agency elects to mitigate the significant potential organizational
conflict or conflicts of interest, an adequate mitigation plan, including organizational, physical, and electronic
barriers, shall be developed.
2. If a conflict cannot be avoided or mitigated, an agency may proceed with the contract award if the agency
head certifies that the award is in the best interests of the state.The agency head must specify in writing the basis
for the certification.
(b)1. An agency head may not proceed with a contract award under subparagraph(a)2.if a conflict of interest
is based upon the vendor gaining an unfair competitive advantage.
2. An unfair competitive advantage exists when the vendor competing for the award of a contract obtained:
a. Access to information that is not available to the public and would assist the vendor in obtaining the
contract; or
b. Source selection information that is relevant to the contract but is not available to all competitors and that
would assist the vendor in obtaining the contract.
(c) A person who receives a contract that has not been procured pursuant to subsections(1)-(3)to perform a
feasibility study of the potential implementation of a subsequent contract, who participates in the drafting of a
solicitation or who develops a program for future implementation, is not eligible to contract with the agency for
any other contracts dealing with that specific subject matter, and any firm in which such person has any interest is
not eligible to receive such contract. However, this prohibition does not prevent a vendor who responds to a
request for information from being eligible to contract with an agency.
(20) Each agency shall establish a review and approval process for all contractual services contracts costing
more than the threshold amount provided for in s.287.017 for CATEGORY THREE which shall include,but not be
limited to, program, financial, and legal review and approval. Such reviews and approvals shall be obtained before
the contract Is executed.
(21) In any procurement that costs more than the threshold amount provided for in s. 287.017 for CATEGORY
TWO and is accomplished without competition, the individuals taking part in the development or selection of
criteria for evaluation, the evaluation process,and the award process shall attest in writing that they are
independent of, and have no conflict of interest in, the entities evaluated and selected.
(22) Nothing in this section shall affect the validity or effect of any contract in existence on October 1, 1990.
(23) An agency may contract for services with any independent, nonprofit college or university which is located
within the state on the same basis as it may contract with any state university or college if the independent,
nonprofit college or university:
(a) Is accredited by the Southern Association of Colleges and Schools; or
(b) Is authorized to operate within this state pursuant to chapter 1005, offers a professional degree,and is
accredited by the Middle States Commission on Higher Education.
(24) The department, in consultation with the Chief Financial Officer and the state chief information officer,
shall maintain a program for online procurement of commodities and contractual services.To enable the state to
promote open competition and leverage its buying power, agencies shall participate in the online procurement
program, and eligible users may participate in the program. Only vendors prequalified as meeting mandatory
requirements and qualifications criteria may participate in online procurement.
(a) The department may contract for equipment and services necessary to develop and implement online
procurement.
(b) The department shall adopt rules to administer the program for online procurement.The rules must
include, but not be limited to:
1. Determining the requirements and qualification criteria for prequalifying vendors.
S •
team meeting. The contractor must respond to the team's questions within 10 business days after receiving the
written questions. The questions and responses must be included in the contract file.
(d) The continuing oversight team must notify, in writing:
1. The agency head and the department of any deficiency in a contractor's performance which substantially
affects the pace of deliverables or the likelihood of the successful completion of the contract.
2. The agency head, the department, and the Office of Policy and Budget in the Executive Office of the
Governor of any significant change in contract scope or any increase in the cost of the contract that is 5 percent of
the planned contract cost or greater within the fiscal year for contractual service contracts of at least$5 million.
3. The agency head, the department, the Office of Policy and Budget in the Executive Office of the Governor,
and the legislative appropriations committees of any significant change in contract scope or any increase in the
cost of the contract that is 5 percent of the planned contract cost or greater within the fiscal year for contractual
service contracts of$10 million or greater.
(27)(a) In determining whether a vendor is a responsible vendor, an agency may establish financial stability
criteria and require a vendor to demonstrate its financial stability. If an agency requires a vendor to demonstrate
its financial stability during the competitive solicitation process, the agency must accept any of the following as
evidence of the vendor's financial stability:
1. Audited financial statements that demonstrate the vendor's satisfaction of financial stability criteria.
2. Documentation of an investment grade rating from a credit rating agency designated as a nationally
recognized statistical rating organization by the Securities and Exchange Commission.
3.a. For a vendor with annual revenues exceeding $1 billion, a letter containing a written declaration, pursuant
to s.92,525, issued by the chief financial officer or controller attesting that the vendor is financially stable and
meets the definition of financial stability in paragraph(b).
b. For a vendor with annual revenues of$1 billion or less, documentation, based on criteria established by the
agency, evidencing that the vendor is financially stable and meets the definition of financial stability in paragraph
(b).The criteria established by the agency shall be reasonably related to the value of the contract and may not
include audited financial statements.
(b) For purposes of this subsection, the term"financial stability" means, at a minimum, having adequate
income and capital and the capacity to efficiently allocate resources, assess and manage financial risks,and
maintain financial soundness through the term of the contract.
(c) This subsection does not preclude an agency from requiring a performance bond for the duration of the
contract, when appropriate.
(28) An agency may substitute verifiable, related work experience in lieu of postsecondary education
requirements for contractual services pursuant to s. 112.219 if the person seeking the contract for services is
otherwise qualified for such contract.
History.-s.1,ch.78-4;s.2,ch.80-206;s.4,ch.80-374;s. 1,ch.132.121;s.9,dr.82-1%;s.3,ch.83-99;s. 3,ch.83-192;s.7,ch.86-
204;s.9,di.88-384;s. 1,ch.89.377;s. 17,ch. 90-268;s.8,ch.91-162;s.251,ch.92-279;s.55,ch.92-326;s.7,ch.93-161;s. 11,ch.
94-322;s.869,ch.95-148;s.6,ch,96-236;s. 30,ch.97-153;s.82,ch.98-279;s. 11,ch.99-4;s.50,ch.99-8;s.45,ch.99-399;s.33,ch.
2000-164;s. 11,ch.2000-286;s. 56,ch.2001-61;s.4,ch.2001-278;s.37,ch.2002.1;s.15,ch.2002-207;s. 331,ch.2003-261;s.20,ch.
2004-5;ss.9,58,di.2004-269;s.1,ch.2005-59;ss.6,15,ch.2005.71;s.6,ch.2006-2;s.4,ch.21306-26;s.19,ch.2006-79;s.25,ch.
2006-195;s. 1,di.2006-224;s.8,di.2007-6;s. 15,ch. 2007-105;s.6,ch.2008-5;s.13,ch.2008-116;s. 5,ch.2008-153;s.4,ch,2009-
227;s.9,di.2010-4;s. 19,ch. 2010.151;s. 13,ch.2012-32;ss.5,6,ch.2013-154;s.1,ch.2014-135;s.25,ch.2014-221;s.19,ch.2019-
118;s.1,di.2020-117;s.4,di.2021-225;s.1,ch.2022-216;s. 59,ch.2023-8;s.3,di. 2023-256.
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