Resolution 669-1989
Public Works Division
RESOLUTION NO. 669-1989
A RESOLUTION OF THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY,
FLORIDA, AUTHORIZING THE MAYOR/CHAIRMAN
OF THE BOARD TO EXECUTE A CONTRACT
AGREEMENT BY AND BETWEEN UNIVERSAL
BEACH SERVICE CORPORATION AND MONROE
COUNTY CONCERNING CLEANING SERVICE FOR
HIGGS BEACH
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that the Mayor/Chairman of the Board is
hereby authorized to execute a
contract agreement by and
between Universal Beach Service Corporation and Monroe County
concerning cleaning service for Higgs Beach, a copy of same
being attached hereto.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board held
on the 1st day of November A.D. 1989.
ATTEST PArmX L. ltOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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THIS AGREEMENT, made and entered into this ____ day of
1989, between Monroe County, Florida (Owner), Universal Beach
Service Corporation, (Contractor):
WIT N E SSE S:
That the parties hereto, for the consideration hereinafter
set forth, mutually agree as follows:
L
SCOPE OF THE WORK
The Contractor shall provide beach cleaning services for
Higgs Beach. Said services include the following:
a) The Contractor shall clean and maintain the entire
beach from the water's edge (the mean water line) to the curb
line, seven (7) days per week, weather permitting; cleaning and
maintaining to be completed by 9:30 a.m..
b) The Contractor shall spread a reasonable quantity
of sand, up to fifty (50) yards per week, furnished by the Owner
in order to maintain the contour of the beach against wave action.
c) Seagrass and Erosion Control: The Contractor shall
rake up all seagrass wherever located on the beaches and haul it
to the disposal site on or within Higgs Beach Park. At the spe-
cific direction of the Owner's representative, the Contractor may
be directed to utilize clean (free of debris, litter, and tar)
seagrass for purposes of dune reconstructions by depositing same
in the foredune vegetation or, al ternati vely interring seaweed
with sand at the mean high water line to maintain the contour of
the Beaches against further wave action, and to maximize the
useable sandy portion of the beach for recreational enjoyment.
d) Hazard Management: The Contractor agrees to pro-
vide such hazard management services as the Owner's representa-
ti ve may request. The Contractor agrees to be avai lable for the
performing of such services on an emergency basi s and shall re-
spond to the request for the correction of such hazardous condi-
tions, within a twelve (12) 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 eroded and
deteriorated walkways by moving fill into place around them,
grading storm-cut escarpments and removing threatening debris.
Foreign material in excess of one (I) ton which must be lifted at
once is excluded from the Contractor's responsibility.
e) Hurricane Condi tion: In the event of a hurricane,
major storm, or act of God deposits unusual and excessive amounts
of material on the beach, and the Owner's Representative reason-
ably agree that such deposits are indeed excessive, the Contrac-
tor shall submit a proposed Change Order hereto with additional
provisions and costs to effectively return the beach areas to as
near normal condition as possible with extraordinary clean-up
measures.
f)
Coordination with Florida Department of Natural
The Contractor agrees that it will coordinate the
Resources:
beach cleaning actions wi th the Florida Department of Natural
Resources Division of Beach and Shores to ensure that the exper-
tise and overall desires of the Department, with respect to Beach-
es and Shores are included in the everyday cleaning operation,
all in accordance wi th the requirements of Chapter 161, Florida
Statutes.
g) Notification of Sea Turtle Nesting Acti vi ty, Etc.:
The Contractor shall use its best efforts to observe for and to
immediately notify the County Administrator's Office of any sea
turtle nesting, attempted nesting or crawl acti vi ty in the con-
tract area. The Contractor shall further coordinate and cooper-
ate with State Agencies and sea turtle conservation organizations
in nest removal or relocation (if necessary) and in moni toring
any nest hatching and to reschedule work activities if necessary
for such purposes.
II. CONTRACT TIME
This contract shall be for a period of eleven (II)
months commencing November 1, 1989, unless sooner terminated as
provided in paragraph VII below, and henceforth run on a fiscal
year (October 1 thru September 30) basis.
..
III.
CONTRACT SUM
The Contractor shall submit an invoice to the County the
first of each month during the contract term. The Owner shall
pay to the Contractor for the performance of said service as
follows: $2,493.75 per month to be paid in arrears, on or before
the 15th day of each month for eleven (11) months.
IV. PERMITS AND APPROVALS/COMPLIANCE WITH LAW
The Contractor shall obtain and maintain all necessary
permits and approvals relating to this Agreement, and shall com-
ply with all federal, state and local laws and regulations con-
cerning the subject matter of the Agreement.
V.
INDEMNIFICATION AND HOLD HARMLESS
The Contractor shall defend, indemnify and hold harmless
the County, its officials, employees and agents, from any and all
claims, liabilities, losses and causes of action which may arise
out of the performance of the Contract except such claims, liabil-
ities, losses and causes of action which may arise because of the
County's negligent actions or omi ssions. Compliance wi th the
insurance requirements shall not relieve the Contractor from the
obligations imposed by this article.
VI. INSURANCE
The Contractor shall provide at its expense Commercial
General Liability Insurance insuring itself and the County
against all claims of damages or injury to persons or property
arising for any reason out of its activities related to this
Agreement, or otherwise arising from its exercise of rights or
fai lure to perform obligations pursuant to thi s Agreement. The
insurance policy shall be written by a solvent insurance company
in good standing and fully licensed to do business in Florida,
and shall provide a minimum of $500,000 coverage for bodily inju-
ry and property damage. A true copy of the insurance contract
shall be filed wi th the Ri sk Management Coordinator wi thin ten
(10) days
after execution of this Agreement and shall be maintained on file
throughout the term of this Agreement.
The insurance amounts
herein shall not in anyway operate to limi t or release, or be
construed to limit or release, the Contractor from any liability
to the Owner or from any obligation to indemnify the County as
provided herein.
Said insurance amount is a minimum requirement
and shall be supplemented by the Contractor as necessary to meet
its obligations, and to fully indemnify the County as provided in
thi s Agreement.
The Contractor shall provide workers compensa-
tion insurance and shall show proof of thi s fact to the respec-
tive owner.
VII.
TERMINATION
..
Either party may terminate this Agreement upon material
breach of any duty or obligation incurred by the other party
pursuant to the terms of this Agreement, after thirty (30) days
written notice to the other party.
VIII.
SUCCESSORS TO PARTIES BOUND
This Agreement shall be binding upon any successor(s) in
interest, assign(s) and subleasee(s) of the parties.
IX. CAPTIONS
Headings labeling any provisions herein are for conve-
nience only, and shall not in any way be construed as affecting,
limiting, expanding or stating the contents, meaning or intent of
this Agreement.
x.
ATI'ORNEY'S FEES
In the event suit is brought by either party relative to
this Agreement, the prevailing party shall be entitled to collect
all reasonable costs and expenses of sui t, including, but not
limited to reasonable attorney's fees.
XI. RENEWAL
The Owner shall have the option to annually renew this
agreement after the first year for two (2) additional one (1)
year terms unless notice of non-renewal shall be provided by
either party to the other party thirty (30) days prior to the end
of such term.
XII.
ENTIRE AGREEMENT
This Agreement sets forth all the covenants, promises,
agreements and understandings between the Owner and the Contrac-
tor.
No subsequent alteration, amendment, change or addition to
this Agreement shall be binding upon the Owner or Contractor
unless reduced to writing and duly executed by both parties.
IN WITNESS WHEREOF, the parties hereto have executed this agree-
ment the day and year first written above.
COUNTY OF MONROE, STATE OF
FLORIDA
By___
Mayor/Chairman
Attest: DANNY L. KOLHAGE, Clerk
Clerk
Universal Beach Service Corp.
By
President
Attest:
WITNESS
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WITNESS