Item C24 y BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2013 Division: Public Works
Bulk Item: Yes X No _ Department: Facilities Maintenance
Staff Contact Person: Dent Pierce, 305 292-4560
AGENDA ITEM WORDING: Approval to exercise the second option renewal agreement with
E E & G Environmental Services, LLC. for professional beach cleaning, maintenance and
beautification, Higgs Beach, Key West.
ITEM BACKGROUND: The original agreement provides for (2) one-year renewal options and the
parties wish to exercise this first option to renew for one additional year.
PREVIOUS RELEVANT BOCC ACTION: On September 21, 2011, the BOCC approved award of
bid and contract with E E & G Environmental Services, LLC. On September 21, 2012, the BOCC
approved the first renewal option agreement.
CONTRACT/AGREEMENT CHANGES: The second renewal agreement will commence October
01, 2013 and terminate September 30, 2014; increase contract amount by 1.7% CPI-U. Monthly
contract amount increases from $10,180.79 to $10,353.86 (including equipment costs and dumping
fees) and from $665.32 per hour emergencies to $676.63 per hour emergencies (ex. Post-hurricanes,
including equipment costs and dumping fees).
STAFF RECOMMENDATIONS: Approval
TOTAL COST: $124,246.32 INDIRECT COST: BUDGETED: Yes X No
Monthly: $10,353.86
Emergencies: $ 676.63/hour
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: same SOURCE OF FUNDS: Ad Valorem
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty d� OAB/Purchasing ✓ Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM#
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: E E& G Environmental Contract#
Services, LLC
Effective Date: October 01, 2013
Expiration Date: September 30, 2014
Contract Purpose/Description: Approval to exercise second option one-year renewal and
Increase by the CPI-U at December 31,2012 of 1.7% with E E& G Environmental
Services, LLC for beach cleaning, maintenance and beautification of Higgs Beach, Key
West. Monthly contract amount increases from$10,180.79 to $10,353.86 and per hour
emergencies from $665.32 per hour to $676.63 per hour.
Contract Manager: Alice Steryou 4549 Faclities Maint/Sto #4
(Name)- (Ext.) (Department/Stop#)
for BOCC meeting on 09/,1113 Agenda Deadline: 09/03/12
CONTRACT COSTS
$10,353.86 Month
Total Dollar Value of Contract: $ 124,246.32 Current Year Portion: $ none
Budgeted? Yes® No ❑ Account Codes: A'r 77040-530-460- TM47102X
Grant: $ N/A I F-7 - - - -
County Match: $ N/A - - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg.maintenance,utilities,janitorial,salaries,etc.)
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director A�j Yes❑ No�
Risk Management Yes❑ No[j
O.M.B./Purchasing ,b b3 Yes❑No[ / 8 1 el 113
County Attorney g v Yes❑N Wt6lq
Comments:
OMB Form Revised 2/27/01 MCP#2
SECOND RENEWAL AGREEMENT
PROFESSIONAL BEACH CLEANING,MAINTENANCE AND BEAUTIFICATION
HIGGS BEACH,KEY WEST,MONROE COUNTY,FLORIDA
THIS SECOND RENEWAL AGREEMENT is made and entered into this day of September,
2013, between MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and EE&G
ENVIRONMENTAL SERVICES, LLC. ("CONTRACTOR"), a Florida limited liability company,whose
address is 5751 Miami Lakes Drive East, Miami, Lakes, FL 33014 and 6810 Front Street, Key West,FL
33040.
WHEREAS, the parties hereto did on September 21, 2011 enter into an agreement to provide
professional beach cleaning, maintenance and beautification, Higgs Beach, Key West, Monroe County,
Florida,(hereinafter"Original Agreement");and
WHEREAS,on September21,2012,the BOCC approved the First Renewal Option Agreement.
WHEREAS,the parties have found the Original Agreement to be mutually beneficial and;
WHEREAS, the parties have found the First Renewal Option Agreement to be mutually beneficial
and;
WHEREAS,the parties find that it would be mutually beneficial to enter into this Second Renewal
Option agreement;now therefore
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as
follows:
1. In accordance with Paragraph 4 of the Original Agreement,the County exercises the option
to renew the Original Agreement for the second of the two(2)renewal options. This term will commence on
October 1, 2013 and terminate September 30, 2014; and the amount shall be adjusted in accordance
annually with the percentage change in the U.S. Department of Commerce Consumer Price Index (CPI-U)
for all Urban Consumers as reported by the U.S. Bureau of Labor Statistics at December 31 of the previous
year of 1.7% with payments increasing from $10,180.79 to $10,353.86 per month; from $122,169.48 to
$124,246.32 annually; and from$665.32 per hour emergencies to$676.63.
2. Except as set forth in paragraph 1 of this Second Renewal Agreement, in all other
respects,the terms and conditions set forth in the Original Agreement as amended remain in full force and
effect.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first
above written.
(SEAL) BOARD OF COUNTY COMMISSIONERS-
Attest: AMY HEAVILIN,CLERK OF MONROE COUNTY,FLORIDA t.0
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By. By: a
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Deputy Clerk Mayor
Date: Date: 0.p W s WITNESSES �-
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Ml 11G ; S BEACH, fir, ' 11"✓S 1,M(.)N ,1" E, „01.I T ^, 1{I..eX)RID
1111S F114STMENEWAL J GREEM r l t' is nutde and entered rr x:) �lrr�w ° �,... rl�r„� r.r1 Sip>twrrr r r,
2012, lxNw wrr MONROE ` 1 N'T'Y, FLORIDA ( 1. l',rIC. N FY„,) a political subdivision r;rl 111C stiate of
Wr'lrlrr, wh¢rme address is 114r1:1 Simonturt StreeL Key rwst, Hon r 330Q and EE&
ENVIRONMENTAL SS I'll,14 V,1 F11 S, 1,1, l--1'l'lll° Tl"A "1UR 1, a l lou•lrla lrrrrked llsrp.rrlky w°.omgrm, wlras
address 1s 57�5 Mrmn! lakes 1N& l asq Mrarrws„ l.ip»et 11, 3p1:1 4 and 6810 Front Stred, Key West, FL
1140.
WHEREAS, the p ar lies hereto rlpal on Seprarw irrl er., 21, 2011 enter iirr o an mrl;mmrrmt to p:rrrrwWe
prw,rf6wror zfl beach ("leaning, irnairrtemme and bwwrwWWon, 111gs Beach, Key West, Nlonroe County,
1,1wrr°lrlfr, (her6uuapl.w'r `r.kQh m J AWr.w rna g5 and
W1 EIZEAS, the pmlls hove pc:rn.rnd W (Apy?;iiry I Agrer'urrr nl U) be uarwrrrrHy lrerur:Rchl and,
°`111°aIZEAS, the p~rarrlws 1lrrwl l;ht 11 would uld be rrrorrmally p.ws neflicial pr..r wrrilw;r° lmr,s this first renewm:rp
agreerrreul„ now drere6ore
IN CONSIDEJUTIM of the rrurrWal prrwrn kes and covenants contained ntained Mein it is agreed as
lroll mvs:
1. In aw~w°or mr me uAh lwmrmla,mMi 4 of Te r.rr Iurrµ I A rw,m rra, thie C"rwrrrwty exercises the opfion
lr.r renew the OrI inal A ivernenl Coo larrw, HrM of 11 e two 1Q sruml options, "1 ids lwmr°rrrw will w:w`rnrrr°renc on
l ob r° 1, 2012 and larnkrrle September 34h 2011 and The mrmrrrrm. AW1 be aonwr ed In ,rw°w°oMa m;
arrurualb; wwwlrllr the pwru;erflagw change in the US, Up arlrrrw9,nl rnfr:lr:.arrrrrrmmrrcw Consumer Price Index (C 11l-11)
for all Urban Cbmumem as r•waroned by the IRS, Bru eau of 1,m bor. Stmw risks at M,lecernb r 31 wp.11re pra.wrlOrrS
e,,ir, cff `/o wwm th pwwr rrrw nts rrrwa w mrsling florr:r S9,884,26 to 10,1111 .79, per rrwrwnth,,, 1`l°wwrrr $1 18,6 1 1 12 to
$12116%48 arrrrrualp , and 1rami M'l,rM per emergencies to $665.32,
„, l;ww.w,pr as set 1`m)Mh rur lmrmwrrrl;rmrp h l oruvis fibst Renewal Agreeiinent, in aH r.,wthier° respects,
the Wr°rrrrs and wonw.lhprrmrrmr;set lmr 1h in Hic WWlr al Agreement reins rrr'r 1rr lurll 1rwrce raid w fi,,,-et.
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AGREEMENT FOR
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION
HIGGS BEACH, KEY WEST, MONROE COUNTY, FLORIDA
This Agreement is made and entered into this day of September, 2011, between
MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of Florida,
whose address is 1100 Simonton Street, Key West, Florida 33040, and E E & G
ENVIRONMENTAL SERVICES, LLC, a Florida Limited Liability Company,
("CONTRACTOR"), whose address is 5751 Miami Lakes Drive East, Miami, Lakes, FL 33014.
WHEREAS, COUNTY desires to provide professional beach cleaning, maintenance and
beautification, Higgs Beach, Key West, Monroe County, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide professional beach cleaning,
maintenance and beautification, Higgs Beach, Key West, Monroe County, Florida; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
professional beach cleaning, maintenance and beautification, Higgs Beach, Key West, Monroe
County, Florida, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents, exhibits, and any addenda only.
2. SCOPE OF THE WORK:
This project requires the furnishing of all labor, materials, equipment, tools, transport'ati(R a
services, incidentals, all D.E.P. and the Army Corp. of Engineer's requirements and.permitting,, =i
and the performing of all work necessary in accordance with the specifications as follows:
A. Required Services:
The required services to be performed by the Contractor shall be to clean ako)
maintain the entire length and width of the designated public beach areas from the wat&s�edge L
the curb line or nearest edge of the pavement of the public road nearest to and pArallefing to
beach area including the area between the White Street Pier and West Martello Towers, seven
days per week, weather and/or environmental conditions permitting. See Exhibit "A" attached
for a map detailing the beach cleaning area dimensions. Cleaning and maintaining includes daily
seaweed and trash removal by the contractor. Proper disposal of seaweed shall be the
contractor's responsibility. Cleaning and maintaining of the beach area is to be completed by
9:30 a.m. Higgs Beach must be cleaned using the Beach Tech 3000 machine or an equivalent (to
be determined by the department head).
The contractor shall maintain all work areas within and outside the project
boundaries free from any environmental pollution which would be in violation of any federal,
state, or local regulations.
Agreement 1 August 2011
All debris, trash and seagrass removed from the beach shall be properly disposed
of at an approved landfill and/or transfer station. The contractor shall provide copies of all dump
tickets with the monthly invoice for the County's records.
Work is likely to be influenced by the tides. The tides can have an effect on the
timing and work schedule. No extra claims shall be made for the tides or for other natural
weather conditions.
The Contractor will coordinate the beach cleaning action with the FDEP, Office
of Beaches & Coastal Systems, to ensure that the expertise and overall desires of the Department
with respect to beaches and shores are included in the everyday cleaning operation, all in
accordance with the requirements of Chapter 161, Florida Statues.
The Contractor shall obtain and maintain all necessary permits and approvals and
shall comply with all federal, state and local laws and regulations concerning the subject matter
of the Contract Documents.
B. Alert:
The Monroe County Board of County Commissioners has beach cleaning
regulations in the Monroe County Code, Chapter 13, Article IV, regarding protection of sea
turtles (attached). The Contractor shall use its best efforts to observe and to immediately notify
the Sr. Director of Lower Keys Operations of any sea turtle nesting, attempted nesting or crawl
activity in the contracted areas. The Contractor shall also coordinate and cooperate with State
Agencies and sea turtle conservation groups during turtle nesting season. No beach cleaning
activities shall take place during April 15 through October 31 until Save-a-Turtle representatives
and/or the Contractors Certified Turtle Inspector, have walked the beaches.
C. Mechanized Equipment:
Each vehicle utilized on the beaches shall have sufficient lights to illuminate its
working area. Each vehicle utilized on the beach shall be identified by a registration number,
which has been assigned by the State of Florida. All mechanized equipment that will be
transporting debris, trash, litter, seaweed, sand, and refuse to a disposal site, or to and from the
beach areas, shall be registered with the Florida Department of Highway Safety and Motor
Vehicles, and shall be enclosed or completely covered to prevent discharge. All vehicles
transporting debris or equipment shall travel along major arterial roads. Residential roads or
streets may not be used, except where no other means of ingress and egress are available.
The Contractor shall submit technical data of all beach cleaning equipment for
review and approval by the Sr. Director of Lower Keys Operations. The cleaning process should
not remove significant amounts of sand from the beach.
D. Debris,Trash and Litter Removal:
i. Debris, trash and litter removal, wood, plastic, glass, paper, tar, pine
needles, palm fronds, coconuts, tree limbs, metal objects and other forms of debris, trash and
litter deposited on the beach by the ocean or by bather usage, shall be raked up and removed to
the disposal site on a daily basis.
ii. Trash Removal: Fixed or mobile trash containers of any nature; round,
square, wood, or metal, provided by the County that are located anywhere on the sand and
seaward of the curb or edge of the pavement of the nearest road paralleling the Beach area, shall
Agreement 2 August 2011
be emptied and hauled to disposal site on a daily basis. Contractor is responsible to provide all
trash bags for the containers provided by the County.
iii. Trash floating in the water behind seaweed shall be removed in
accordance with established U. S. Coast Guard policy.
E. Seagrass:
The Contractor shall rake up all seagrass including the tide level strand line
whenever located on the beaches and haul it to the disposal site. The Contractor is responsible
for disposing of seaweed in such a manner which would not be in violation of any federal, state,
or local regulations.
When seaweed rack is greater than 101' in depth, the contractor shall use an initial
cleaning method to supplement the final Beach Tech cleaning.
F. Emergency Services:
The County Sr. Director of Lower Keys Operations shall contact the Contractor
immediately when an emergency call is needed. The Contractor shall also notify the Sr. Director
of Lower Keys Operations at 292-4431 immediately in the event of a facility emergency. The
Contractor shall respond to all emergency calls which occur during normal working hours and
holidays and weekends within three hours of notification by the County. The Contractor shall
invoice the County for after-hour, weekend and holiday emergencies based on the applicable
hourly rate indicated in the contract.
G. Hazard Management:
The Contractor agrees to provide such hazard management services as the
Owner's representative may request. The Contractor agrees to be available for the performing of
such services on an emergency basis and shall respond to the request for the correction of such
hazardous conditions, within a 24 hour period, such services shall be at additional hourly costs as
established by the Bid Proposal, and include, but are not limited to, the shoring of eroding and
deteriorated walkways by moving fill into place around them, grading storm-cut escarpments and
removing threatening debris. Foreign material in excess of one ton which must be lifted at once
is excluded from the Contractor's responsibility.
H. Protection of Air Quality
The air pollution likely to occur due to construction operations shall be minimized
by, requiring the use of properly operating combustion emission control devices on construction
vehicles and equipment used by contractors, and by encouraging the shutdown of motorized
equipment not actually in use.
Trash burning will not be permitted on the constructions site.
I. Erosion Control and Beach Repair:
The Contractor shall possess equipment capable of providing certain beach repairs
and erosion control measures. The beach is from time to time in need of certain measures for
erosion control and repair and, accordingly, the Contractor agrees to provide the following
services to the extent of reasonable capability:
i. Backfilling of washouts, particularly at the foot of any stairs or entrance
ways.
ii. Grading of excess sand deposits.
Agreement 3 August 2011
iii. Grading of deep sand furrows and escarpments to a more easily navigated
slope.
iv. Adding sand to and grading around beach structures.
V. Spreading sand provided by the County to replenish sand loss due to
storms and/or erosion.
vi. Periodic placing and spreading sand on the beaches as directed by the Sr.
Director of Lower Keys Operations.
J. Erosion Control:
The Contractor agrees to maintain the contour of the Beaches against further wave
action, and to maximize the usable sandy portion of the beach for recreational enjoyment.
K. Hurricane Conditions:
In the event a hurricane, major storm, or act of God deposits unusual and
excessive amounts of material on the beach, and the Owner's representative reasonably agrees
that such deposits are indeed excessive, the Contractor shall respond to the owners request within
twenty-four hours of notification
L. Attorney's Fees:
COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the enforcement or
interpretation of this Agreement, the prevailing party shall be entitled to reasonable attorney's
fees in both trial and appellate proceedings. Each party agrees to pay its own court costs,
investigative, and out-of-pocket expenses whether it is the prevailing party or not, through all
levels of the court system.
M. Equipment Parking
Equipment parking is provided adjacent to the Monroe County Public Works
storage area (North side of Higgs Beach property).
N. Submittals:
Submittals are required for the following:
i. Beach Tech 3000 or equivalent(as approved by the Sr. Director)—data sheets
ii. Schedule
iii. Florida Department of Environmental Protection, Office of Beaches &
Coastal Systems Beach Cleaning Permit
iv. Front End Loader with long pronged bucket
V. Dump Truck
vi. Beach tilling contractor and equipment
vii. Seaweed disposal plan
Agreement 4 August 2011
Sec. 13-61. Definitions.
(a) Adjacent waters means waters abutting a nesting area and extending three hundred (300)
feet to either side of it, and out to either three hundred (300) yards offshore or the limits of the
property line, whichever is further.
(b) Artificial light or artificial lighting means the light emanating from any man-made or
man-controlled device.
(c) Beach means the zone of unconsolidated material that extends landward from the mean
low-water line to the place where there is a marked change in material or physiographic form, or
to the line of permanent vegetation, usually the effective limit of storm waves.
(d) Beach berm means a bare, sandy shoreline with a mound or ridge of unconsolidated sand
that is immediately landward of, and usually parallel to, the shoreline and beach. The sand is
calcareous material that is the remains of marine organisms such as corals, algae and molluscs.
The berm may include forested, coastal ridges and may be colonized by hammock vegetation.
(e) Bug type bulb means any yellow colored incandescent light bulb, not to exceed twenty-
five(25) watts, that is marketed as being specifically treated in such a way so as to reduce the
attraction of bugs to the light.
(f) Cumulatively illuminated means illuminated by numerous artificial light sources that as a
group illuminate any portion of the beach.
(g) Daylight hours means the locally effective time period between sunrise and sunset.
(h) Hatchling means any species of marine turtle, within or outside of a nest, that has
recently hatched from an egg.
(i) Indirectly illuminated means illuminated as a result of the glowing element(s), lamp(s),
globe(s), or reflector(s)of an artificial light source, which source is not directly visible to an
observer on the beach.
0) Jurisdictional boundaries, sea turtle protection, means the area on contiguous land
within three hundred (300) feet of an identified or potential nesting area.
(k) Mechanical beach cleaning means any mechanical means by which debris, including but
not restricted to trash, litter, seaweed or seagrass wrack, is removed from the beach.
(1) Nest means the area in and around a place in which sea turtle eggs are naturally deposited
or relocated beneath the sediments of the beach.
(m) Nesting area means both identified nesting areas and potential nesting areas.
(n) Nesting area, identified means any area where sea turtles have been or are currently
nesting, and the adjacent beach or other intertidal areas used for access by the turtles.
(o) Nesting area,potential means any area where sea turtle crawls have been observed.
(p) Nesting season means the period from April 15 through October 31 of each year.
(q) Permitted agent of the state means any qualified individual, group or organization
possessing a permit from the Department of Environmental Protection to conduct activities
related to sea turtle protection and conservation.
Agreement 5 August 2011
(r) Sea turtle(s) means any specimen belonging to the species Caretta caretta(loggerhead
turtle), Chelonia mydas (green turtle), Dermochelys coriacea(leatherback turtle), Eretmochelys
imbricata(hawksbill turtle) or any other marine turtle using Monroe County beaches as a nesting
habitat.
(s) Tinted glass means any glass which: (a) has been treated to achieve an industry-approved,
inside-to-outside light transmittance value of forty-five (45) percent or less (such transmittance is
measured as the percentage of visible light that is transmitted through the glass); (b) has a
minimum five(5) year warranty for the level of light transmittance specified in (a) above; and (c)
has performance claims which are supported by approved testing procedures and documentation.
(Ord. No. 8-1994, § 1; Ord. No. 10-1998, § 1, 3-1 1-98)
Sec. 13-62. Prohibition of activities disruptive to sea turtles.
(a) Prohibition of horseback riding, campfires, and vehicular traffic. Horseback riding and
campfires shall be prohibited on nesting areas during the nesting season. Vehicular traffic shall
also be prohibited on nesting areas during the nesting season except for emergency and law
enforcement vehicles, vehicles permitted on the beach for marine turtle conservation or research,
or vehicles used for beach cleaning in compliance with section 13-65, Standards for mechanical
beach cleaning.
(b) Prohibiting storage or placement of any material in the nesting area. The storage or
placement of any material such as but not limited to construction material, rip-rap, trash and
debris, mulch or other organic material, landscaping material, fill, vehicles, or boats, that has
potential to impede movement of hatchlings or adults between ocean and nesting areas, or that
may cover existing nests or nesting sites is strictly prohibited.
(c) Development. All development shall be set back a minimum of fifty(50) feet from any
area which serves as an active or potential nesting area for marine turtles. The fifty (50) foot
setback will be measured from the landward toe of the most landward beach berm or from fifty
(50) feet landward of mean high water(MHW), whichever results in the smaller total setback.
The maximum total setback shall be one hundred (100) feet from MHW.
(Ord. No. 8-1994, § 2; Ord. No. 10-1998, § 1, 3-11-98)
Sec. 13-63. Standards for exterior artificial lighting_
To prevent exterior artificial lighting from illuminating the jurisdictional boundaries or adjacent
waters during the nesting season, the following measures shall be taken to reduce or eliminate
the negative effects of new or existing artificial lighting:
(a) Exterior artificial light fixtures within direct line-of-sight of the beach shall be designed,
positioned, modified, or removed so that:
(1) The point source of light or any reflective surface of the light fixture is not
directly visible from the beach.
(2) The area within the jurisdictional boundaries is not directly, or indirectly
illuminated.
(3) The area within the jurisdictional boundaries is not cumulatively illuminated.
Agreement 6 August 2011
(b) Measures such as but not limited to the following shall be taken to reduce or eliminate the
negative effects of new or existing artificial beachfront lighting through appropriate design:
(1) Positioning of fixtures so that the point source of light or any reflective surface of
the light fixture is eliminated or is no longer visible from the beach.
(2) Replacement of fixtures having an exposed light source with fixtures containing
recessed light sources or shields.
(3) Replacement of traditional light bulbs with yellow bug type bulbs not exceeding
twenty-five (25) watts or low-pressure sodium vapor lamps.
(4) Replacement of non-directional fixtures with completely shielded directional
fixtures that point down and away from the beach.
(5) Replacement of fixture having transparent of translucent coverings with fixtures
having opaque shields covering an arc of at least one hundred eighty (180) degrees and
extending an appropriate distance below the bottom edge of the fixture on the seaward side so
that the light source or any reflective surface of the light fixture is not visible from the beach.
(6) Replacement of pole lamps with low-profile, low-level luminaries no higher than
forty-eight(48) inches off the ground such as low-mounted wall fixtures, low bollards, and
ground-level fixtures, so that the light source or any reflective surface of the light fixture is not
visible from the beach.
(7) Replacement of incandescent, fluorescent, and high-intensity lighting with the
lowest wattage low-pressure sodium vapor lighting possible for the specific application.
(8) Planting or improvement of landscape vegetation in compliance with the land
development regulations (chapter 9.5-345 environmental design criteria) between the light
source and the beach to screen light from the beach.
(9) Construction of ground level barriers in compliance with the land development
regulations (chapter 9.5-345 Environmental design criteria)to shield light sources from the
beach.
(10) Limitation of exterior lights used expressly for safety or security purposes. Any
such lighting allowed must conform to the measures set forth in this section in order to reduce or
eliminate negative effects on sea turtles.
(11) Permanent removal of all floodlights, uplights, or spotlights used for decorative or
accent purposes.
(12) Permanent removal or disabling of any fixture which cannot be brought into
compliance with the provisions of these standards.
(13) Shielding or modification of any existing lighted sign pursuant to the land
development regulations (chapter 9.5-345 environmental design criteria) such that it is not
directly visible from the beach.
(Ord. No. 8-1994, § 3; Ord. No. 10-1998, § 1, 3-11-98)
Sec. 13-64. Standards for interior artificial lighting.
To prevent interior artificial lighting from illuminating the jurisdictional boundaries or adjacent
waters during the nesting season, measures such as but not limited to the following shall be taken
Agreement 7 August 2011
to reduce or eliminate the negative effects of new or existing interior light emanating from doors
and windows:
(a) Interior artificial lighting within direct line-of-sight of the beach shall be designed,
positioned, modified, or removed so that:
(1) The point source of light or any reflective surface of the light fixture is not
directly visible from the beach.
(2) The area within the jurisdictional boundaries is not directly or indirectly
illuminated.
(3) The area within the jurisdictional boundaries is not cumulatively illuminated.
(b) Measures such as but not limited to the following shall be taken to reduce or eliminate the
negative effects of new or existing interior beachfront lighting through appropriate design:
(1) Use of window treatments such as blackout draperies, shade-screens or blinds to
shield interior lights from the beach.
(2) Installation of new windows which meet the standards for tinted glass or, for
existing windows, an application of window tint or film that meets the standards for tinted glass.
(3) Turning off all unnecessary interior lights.
(4) Arrangement of lamps and other moveable light fixtures away from windows.
(5) Appropriate interior design to eliminate overhead lighting which could illuminate
the nesting beach.
(6) For new construction within line of sight of the beach, tinted glass shall be
installed on all windows and glass doors of single-or multi-story structures.
(Ord. No. 8-1994, § 4; Ord.No. 10-1998, § 1, 3-11-98)
Sec. 13-65. Standards for mechanical beach cleaning.
All mechanical beach cleaning activities designed to remove debris from the beach or
redistribute debris on the beach through the use of motorized vehicles or other mechanical means
shall comply with the following standards:
(a) Timing: Beach cleaning shall be confined to daylight hours during the nesting season.
(b) Mode of operations: During the nesting season (April 15 through October 31):
(1) Beach cleaning operations shall be limited to the area seaward of the strand line
(previous high tide mark).
(2) Light-weight motorized vehicles having wide, low-profile, low-pressure tires, or
hand raking shall be used to conduct beach cleaning operations.
(3) Devices used for removing debris from the beach shall be designed and/or
operated such that they do not penetrate beach substrate by more than two (2) inches.
(4) Operators shall be educated to identify a sea turtle crawl (turtle tracks), recognize
and avoid a sea turtle nest, report nests and/or crawls to a permitted agent of the state.
Agreement 8 August 2011
(5) All excess raked material must be removed from the beach and disposed of
properly or stored in an upland area as approved by the director of environmental resources.
With special approval from the director of environmental resources and the state department of
environmental protection, limited quantities of organic material may be incorporated into the
substrate in order to enhance the beach/berm system.
(c) Coordination of beach cleaning operations with state-sanctioned scientific studies. All
beach cleaning operations shall be coordinated through the state to ensure that these operations
do not interfere with state-sanctioned scientific studies or surveys of sea turtle nesting activities.
(d) Authorization. Any person performing mechanical beach cleaning must have a current
permit from the Florida Department of Environmental Protection for the area being cleaned.
(Ord. No. 8-1994, § 5; Ord. No. 10-1998, § 1, 3-1 1-98)
Sec. 13-66. Protection from predation.
(a) No predatory pets or pets likely to have a potential for being disruptive or damaging to
nesting turtles, hatchlings, or nests shall be allowed to roam loose and unsupervised within the
jurisdictional boundaries during the nesting season. Such pets include but are not limited to dogs,
cats, snakes, lizards or iguanas, ferrets and pigs.
(b) Feeding of raccoons, opossums and other wild animals within the jurisdictional
boundaries is prohibited.
(Ord. No. 8-1994, § 6; Ord. No. 10-1998, § 1, 3-11-98)
Sec. 13-67. Penalty.
(a) Violations of this article may be prosecuted in the same manner as misdemeanors are
prosecuted. In such cases, the violations shall be prosecuted in the name of the state in a court
having jurisdiction over misdemeanors by the prosecuting attorney thereof and upon conviction
shall be punished by a fine not to exceed five hundred dollars ($500.00) or by imprisonment in
the county jail not to exceed sixty (60) days or both such fine and imprisonment. Violations may
also be prosecuted through proceedings before the Monroe County Code Enforcement Board, or
pursuant to chapter 76-435, Laws of Florida [App. A, art. V, div. 3], or through any other
lawfully available means including civil and injunctive relief.
(b) The property owner and, where applicable, the designee, agent,tenant, lessee, or
assignee, shall each be held responsible for adherence to Article IV, Protection of Sea Turtles.
(Ord. No. 8-1994, § 7; Ord. No. 10-1998, § 1, 3-1 1-98)
Secs. 13-68--13-80. Reserved.
Agreement 9 August 2011
3. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners. COUNTY shall
pay in accordance with the Florida Local Government Prompt Payment Act; payment will be
made after delivery and inspection by COUNTY and upon submission of a proper invoice by
CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability to the
Clerk is based on generally accepted accounting principles and such laws, rules and regulations
as may govern the Clerk's disbursal of funds. The Contract amount shall be as stated by the
CONTRACTOR's bid as follows:
$ 9,884.26 per month regular hours seven days per week(including equipment costs and dumping)
$ 645.94 per hour emergencies (ex. Post-hurricanes, including equipment costs & dumping fees)
4. TERM OF AGREEMENT
This Agreement shall commence on October 1, 2011, and ends upon September 30, 2012,
unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two (2) one-
year periods at terms and conditions mutually agreeable to the parties, exercisable upon written
notice given at least 30 days prior to the end of the initial term. Unless the context clearly
indicates otherwise, references to the "term" of this Agreement shall mean the initial term of one
(1) year.
The Contract amount shall be adjusted annually in accordance with the percentage change in the
U.S. Department of Commerce Consumer Price Index (CPI-U) for all Urban Consumers as
reported by the U.S. Bureau of Labor Statistics and shall be based upon the CPI-U computation
at December 31 of the previous year.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement, appropriate
licenses. Proof of such licenses and approvals shall be submitted to the COUNTY upon request.
6. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this Agreement for public
records purposes during the term of the Agreement and for four years following the termination
of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies
paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the CONTRACTOR shall repay the monies together with interest calculated
pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR.
Agreement 10 August 2011
7. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter ]]9, Florida Statutes, and made or received by the COUNTY and
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
8. HOLD HARMLESS AND INSURANCE
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement,
Contractor shall defend, indemnify and hold the COUNTY and the COUNTY's elected and
appointed officers and employees harmless from and against (i) any claims, actions or causes of
action, (ii) any litigation, administrative proceedings, appellate proceedings, or other proceedings
relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to,
or sustained by, any indemnified party by reason of, or in connection with, (A) any activity of
CONTRACTOR or any of its employees, agents, sub-contractors or other invitees during the
term of this AGREEMENT, (B) the negligence or willful misconduct of CONTRACTOR or any
of its employees, agents, sub-contractors or other invitees, or (C) CONTRACTOR's default in
respect of any of the obligations that it undertakes under the terms of this AGREEMENT, except
to the extent the claims, actions, causes of action, litigation, proceedings, costs or expenses arise
from the intentional or sole negligent acts or negligent acts in part or omissions of the COUNTY
or any of its employees, agents, contractors or invitees (other than CONTRACTOR). Insofar as
the claims, actions, causes of action, litigation, proceedings, costs or expenses relate to events or
circumstances that occur during the term of this AGREEMENT, this section will survive the
expiration of the term of this AGREEMENT or any earlier termination of this AGREEMENT
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement. Failure of CONTRACTOR to comply with the
requirements of this section shall be cause for immediate termination of this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY Certificates of
Insurance indicating the minimum coverage limitations in the following amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE. Where
applicable, coverage to apply for all employees at minimum statutory limits as required by
Florida Law. In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with
limits of not less than $100,000.00 bodily injury by accident, $500,000.00 bodily injury by
disease, and $100,000.00 bodily injury by disease, each employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor vehicle
liability insurance, including applicable no-fault coverage, with limits of liability of not less than
$100,000.00 per occurrence, combined single limit for Bodily Injury Liability and Property
Damage Liability. Coverage shall include all owned vehicles, all non-owned vehicles, and all
hired vehicles. If single limits are provided, the minimum acceptable limits are $50,000.00 per
person, $100,000.00 per occurrence, and $25,000.00 property damage. Coverage shall include
all owned vehicles, all non-owned vehicles, and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with limits of
liability of not less than $300,000.00 per occurrence combined single limit for Bodily Injury
Agreement 11 August 2011
Liability and Property Damage Liability. If single limits are provided, the minimum acceptable
limits are $100,000.00 per person, 5300,000.00 per occurrence, and $50,000.00 property
damage.
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS MUST BE NAMED AS
ADDITIONAL INSURED ONALL POLICIES EXCEPT WORKER'S COMPENSATION.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided to the
COUNTY at the time of execution of this Agreement and certified copies provided if requested.
Each policy certificate shall be endorsed with a provision that not less than thirty (30) calendar
days' written notice shall be provided to the COUNTY before any policy or coverage is canceled
or restricted. The underwriter of such insurance shall be qualified to do business in the State of
Florida. If requested by the County Administrator, the insurance coverage shall be primary
insurance with respect to the COUNTY, its officials, employees, agents and volunteers.
9. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY
and CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance
coverage, self-insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any Agreement
entered into by the COUNTY be required to contain any provision for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this agreement shall be construed so as to find CONTRACTOR or any of
his employees, subcontractors, servants, or agents to be employees of the Board of County
Commissioners of Monroe County.
11. NONDISCRIMINATION
CONTRACTOR agrees that there will be no discrimination against any person, and it is
expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. CONTRACTOR agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2)
Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-
1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of
1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8)
Agreement 12 August 2011
Title VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10) Any other nondiscrimination provisions in any
Federal or state statutes which may apply to COUNTY and CONTRACTOR to, or the subject
matter of, this Agreement.
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to others,
except in writing and with the prior written approval of the Board of County Commissioners of
Monroe County, which approval shall be subject to such conditions and provisions as the Board
may deem necessary. This paragraph shall be incorporated by reference into any assignment or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agreement. Unless expressly provided for therein, such approval shall in no manner or event be
deemed to impose any additional obligation upon the board.
13. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide by all
laws of the Federal and State government, ordinances, rules and regulations pertaining to, or
regulating the provisions of, such services, including those now in effect and hereinafter adopted.
Compliance with all laws includes, but is not limited to, the immigration laws of the Federal and
State government. Any violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shall entitle the Board to terminate this
Agreement. CONTRACTOR shall possess proper licenses to perform work in accordance with
these specifications throughout the term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect, which would conflict in any
manner with the performance of services required by this contract, as provided in Sect. 112.311,
et. seq., Florida Statutes. COUNTY agrees that officers and employees of the COUNTY
recognize and will be required to comply with the standards of conduct for public officers and
employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to,
solicitation or acceptance of gifts; doing business with one's agency; unauthorized
compensation; misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and,
at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Agreement 13 August 2011
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of payment or
surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness.
CONTRACTOR further warrants and represents that it has no obligation or indebtedness that
would impair its ability to fulfill the terms of this contract.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the
following:
FOR COUNTY: FOR CONTRACTOR:
Monroe County E E & G Environmental Services, LLC
Facilities Maintenance Department ATTN
3583 South Roosevelt Boulevard 6810 Front Street
Key West, FL 33040 Key West, FL 33040
and and
County Attorney E E & G Environmental Services, LLC
P. O. Box 1026 5751 Miami Lakes Drive East
Key West, FL 33041-1026 Miami Lakes, FL 33014
17. TAXES
COUNTY is exempt from payment of Florida State Sales and Use taxes. CONTRACTOR shall
not be exempted by virtue of the COUNTY'S exemption from paying sales tax to its suppliers
for materials used to fulfill its obligations under this contract, nor is CONTRACTOR authorized
to use the COUNTY'S Tax Exemption Number in securing such materials. CONTRACTOR
shall be responsible for any and all taxes, or payments of withholding, related to services
rendered under this agreement.
18. TERMINATION
a. The COUNTY may terminate this Agreement with or without cause prior to the
commencement of work.
b. The COUNTY or CONTRACTOR may terminate this Agreement for cause with
seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the obligations of
either party to perform the obligations enumerated under this Agreement.
C. Either of the parties hereto may cancel this agreement without cause by giving the
other party sixty (60) days written notice of its intention to do so with neither party having any
further obligation under the term s of the contract upon termination.
19. GOVERNING LAW, VENUE, INTERPRETATION, COSTS,AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to Agreements made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
Agreement 14 August 2011
interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue will lie in
the appropriate court or before the appropriate administrative body in Monroe County, Florida.
20. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations of the
terms or a term of this Agreement by or between any of them the issue shall be submitted to
mediation prior to the institution of any other administrative or legal proceeding. Mediation
proceedings initiated and conducted pursuant to this Agreement shall be in accordance with the
Florida Rules of Civil Procedure and usual and customary procedures required by the circuit
court of Monroe County.
21. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
22. ATTORNEY'S FEES AND COSTS
COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees in both trial
and appellate proceedings. Each party agrees to pay its own court costs, investigative, and out-
of-pocket expenses whether it is the prevailing party or not, through all levels of the court
system.
23. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of COUNTY and
CONTRACTOR. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of County
Commissioners. If the issue or issues are still not resolved to the satisfaction of COUNTY and
CONTRACTOR, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law.
24. COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to the
formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR
agree to participate, to the extent required by the other party, in all proceedings, hearings,
processes, meetings, and other activities related to the substance of this Agreement or provision
Agreement 15 August 2011
of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no
party to this Agreement shall be required to enter into any arbitration proceedings related to this
Agreement.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of COUNTY and CONTRACTOR and their respective legal representatives, successors,
and assigns.
26. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary COUNTY and corporate action, as
required by law.
27. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek,
and obtain federal and state funds to further the purpose of this Agreement; provided that all
applications, requests, grant proposals, and funding solicitations shall be approved by each party
prior to submission.
28. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions and
duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
29. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
30. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
Agreement 16 August 2011
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
31. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace
Statement.
32. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
33. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be regarded
as an original, all of which taken together shall constitute one and the same instrument.
34. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
35. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction
for a public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not submit bids on leases of real property to a
public entity, may not be awarded or perform work as a Construction Manager, supplier,
subcontractor, or consultant under a contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017,
for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list."
36. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship.
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this contract
agreement.
Agreement 17 August 2011
38. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon an
annual appropriation by the Board of County Commissioners. In the event that the County funds
on which this Agreement is dependent are withdrawn, this Agreement is terminated and the
County has no further obligation under the terms of this Agreement to the Contractor beyond that
already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed this
Agreement on the day and date first written above in four (4) counterparts, each of which shall,
without proof or accounthig for the other counterparts, be deemed an original contract.
A
(SEAL) , BOARD OF/COUNTY COMMISSIONERS
Attest: DANNY L.KO�I `AGE, CLERK OF MON Y, F IDA
By:1A1 By:
De Cer1C ay Bather Carruthers
Date: 9 - I— 1 I Date:
WITNESSES for CONTRACTOR: E E & G ENVIRONMENTAL SERVICES,
LLC
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Agreement 18 August 2011
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