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#09/20/2006 Agreement DANNYL. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: October 18, 2006 TO: Ty Symroski, Director Growth Management Division ATTN: Mayra Tezanos Executive Assistant FROM: Pamela G. Hanc, t' Deputy Clerk __ At the September, 2006, Board of County Commissioner's meeting the Board granted approval and authorized execution of the following: Resolution No. 380-2006 adopting the annual assessment of Monroe County Public Facilities Capacity for 2006 as submitted by the Monroe County Planning and Environmental Resources Department. Enclosed is a certified copy of the subject Resolution. Resolution No. 381-2006 approving the Monroe County priority list for projects eligible for Federal Transportation Enhancement Funds as recommended by the Florida Department of Transportation Technical Advisory Committee for the Florida Keys (DOT-TACK) and providing an effective date. Enclosed is a certified copy of the subject Resolution for your records. A certified copy was also forwarded to the Secretary of the Florida Department of Transportation as directed under Section 2 of said Resolution. Resolution No. 387-2006 requesting the Florida Department of Transportation to make every effort to preserve public access to the waters adjacent to the 18 Mile Stretch. Enclosed is a certified copy of the subject Resolution for your records. A certified copy was also forwarded to the Secretary of the Florida Department of Transportation as directed under Section 2 of said Resolution. Rescission of Amendment to Agreement for Services for Disaster Response and Recovery between Monroe County and DRC Emergency Services; and authorized execution of an Agreement between Monroe County and DRC Emergency Services, LLC. for professional Services to complete removal of lobster traps, canal debris, and abandoned vessels (marine debris) resulting from Hurricane Wilma and other maritime debris; and rescinding the temporary amendment passed in July of 2006. Enclosed is a duplicate original for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finance w/o Resolution 387 File) AGREEMENT BETWEEN DRC EMERGENCY SERVICES LLC AND MONROE COUNTY, FLORIDA FOR PROFESSIONAL SERVICES This Agreement ("Agreement") made and entered into this .lO~ay of V~p...,. 2006 by and between MONROE COUNTY, a political subdivision of the St te of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and DRC EMERGENCY SERVICES LLC, a limited liability company organized under the laws of Alabama, authorized to transact business in the State of Florida, its successors and assigns, hereinafter referred to as "DRC". The word "parties" shall refer to both DRC and COUNTY. WHEREAS, COUNTY requires professional services as may be required to effect the removal of hurricane debris including lobster traps, canal debris, marine debris including abandoned/derelict vessels, and other derelict vessels requested to be removed by COUNTY; and WHEREAS, COUNTY has sought a contractor for the project through a Request for Bids; and WHEREAS, DRC was awarded the bid over other contenders; and WHEREAS, DRC represents that it is capable and prepared to provide such services to COUNTY, and; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreemE~nts stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and DRC agree as follows: ARTICLE 1 - EFFECTIVE DATE, TERM OF AGREEMENT 1.1 The effective date is the date of this Agreement after execution by all parties, shall be retroactive to June 2006. 1.2 The term of the Agreement shall be for a one (1 ) year period, unless otherwise terminated as provided herein. COUNTY shall have the option of extending the AgreemElnt for five (5) additional one (1) year periods at the same terms and conditions with approval from the BOCC. Increase in compensation shall be available at the time of approval. Such extension shall be in the form of a written Amendment executed with the same formality as this Agreement. ARTICLE 2 - SERVICES TO BE PERFORMED BY DRC 2.1 DRC shall be prepared to respond to any of the following types of events: Hurricanes, tornadoes, floods, wildfires, oil spills, mass migration, hazardous materials, terrorist attacks, Weapons of Mass Destruction (WMD) incidents disease carrying vector 1 ~ control, biological and viral threats, fires and explosions, and other natural and man made events. 2.2 DRC shall perform services stated in the Scope of Work, EXHIBIT A, subject to subcontracts approved pursuant to Article 10, as may be specifically authorized by COUNTY. Such authorizations will be referred to as Task Orders. Each Task Order will set forth a specific scope of services, rate/amount of compensation, estimated completion date, and other pertinent details of the task being authorized. This clause does not restrict COUNTY from utilizing its own work force, labor and/or equipment to perform said services. ARTICL.E 3 - COMPENSATION 3.1 COUNTY shall pay DRC in accordance with the Fee Schedule EXHIBIT B, which is attached, hereto and incorporated by reference as part of this Agreement. If needed, compensation may be negotiated as a lump sum or not-to-exceed amount for any Task Order containing a task covered by the scope of work of this Agreement but to which the fee schEldule cannot readily be applied. 3.2 DRC shall submit semi-monthly invoices for services rendered. Invoices must reference the Task Order number. Invoices shall include a statement of progress and appropriiate audit quality detail to satisfy the reasonable requirements of any Federal or state agency, which may provide potential reimbursement of the costs associated with this Agn~ement. DRC shall be paid according to the Florida Prompt Payment Act, Florida Statute :255.0705 - 255.078 subsequent to submission of a complete invoice for services includin!l the supporting documentation. DRC will be paid for those items not in dispute and disputed items will be resolved as expeditiously as pOSSible and paid within 30 days of a resolution. 3.3 If such state or federal agencies require additional explanation or an adjusted format of the information submitted, DRC will make reasonable and necessary changes and provide appropriate personnel as required to work and negotiate with such agencies on COUNTY'S behalf. 3.4 Payment to DRC by COUNTY is not contingent upon COUNTY being reimbursed by the F,sderal or state agency. Payment to DRC will be made for any work directed by COUNTY, which may be determined by Federal and state agencies to be ineligible for reimbursement. COUNTY IS NOT RESPONSIBLE FOR PAYMENTS TO DRC FOR WORK NOT DIRECTED BY COUNTY. 3.5 All invoices shall be delivered to: Mr. George Garrett Division of Growth Management Department of Marine Resources 2780 Overseas Highway, Suite 420 Marathon, Florida 33050 3.6 In order for both parties herein to close their books and records, DRC will clearly state "FINAL INVOICE" on DRC'S final/last billing to COUNTY. This certifies that all 2 ~1 services have been properly performed and all charges and costs have been invoiced to COUNTY. COUNTY, in writing, must agree to such certification. 3.7 COUNTY will retain 10% of the payment under each Task Order unit until such time as the entire project is completed to COUNTY'S satisfaction. 3.8 COUNTY'S performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. ARTICL.E 4 - INSURANCE 4.1 DRC shall name COUNTY as additional insured on COUNTY'S insurance policies and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. DRC has provided the COUNTY with a Certificate of Insurance from Gray Insurance Company, see attached hereto and made a part hereof as "Exhibit C. DRC shall maintain the insurance as listed on EXHIBIT C. 4.2 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of COUNTY and the DRC 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 contract entered into by COUNTY be required to contain any provision for waiver. ARTICLE 5 -STANDARD OF CARE DRC shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances. DRC warrants that skilled and competent personnel shall perform all services to the highest professional standards. ARTICLE 6 -INDEMNIFICATION DRC agrees to protect, defend, indemnify, and hold harmless COUNTY, its employees and representatives, from any and all claims and liabilities, for which COUNTY, its employees and representatives, can or may be held liable as a result of injury (including death) to persons or damage to property occurring by reason of any acts or omissions of DRC, its employees or agents, arising out of or connected with this Agreement. COUNTY shall not be required to indemnify DRC. ARTICLiE 7 - INDEPENDENT CONTRACTOR DRC undertakes performance of the services as an independent contractor and shall be wholly responsible for the methods of performance. COUNTY shall have no right to supervise the methods used, but COUNTY shall have the right to observe such performance and shall report to the BOCC regarding the progress, the methods used and the correctness or incorrectness of said methods. 3 =If All performance will be in accordance with all applicable state, federal and county ordinanGes, rules and regulations, and ORC will be responsible for performance to obtain the maximum possible reimbursement from applicable agencies. ARTICL.E 8 - NO PLEDGE OF CREDIT ORC shall not pledge COUNTY'S credit or make it a guarantor of payment of surety for any contract, debt, obligation, judgment, lien or any form of indebtedness. ARTICL.E 9 - GOVERNMENT TO PRACTICE ORC represents and warrants that it has and will continue to maintain all licenses, registrations and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. ARTICL.E 10 - COMPLIANCE WITH LAWS In performance of its services, ORC will comply with applicable regulatory requirements includin!~ federal, state, county, special district and local laws, rules, regulations, orders, codes, criteria and standards. ARTICLE 11 - SUBCONTRACTING COUNTY reserves the right to accept the use of a sub-contractor by ORC or to reject the selection of a particular sub-contractor and to review the capabilities of any sub- contractor to properly perform under 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. ORC agrees that any contracts it enters into with any subcontractor shall comply with all of the provisions of this agreement. ARTICLE 12- FEDERAL AND STATE TAXES County is exempt from payment of Florida State Sales and Use taxes. The ORC shall not be exempted by virtue of COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the ORC authorizl~d to use COUNTY'S Tax Exemption Number in securing such materials. The ORC shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. ARTICLIE 13 - GOVERNMENT'S RESPONSIBILITIES COUNTY shall be responsible for providing access to all project sites, and providing information required by ORC which is available in the files of COUNTY and not restricted by law, litigation or privilege. ARTICLI:, 14 - TERMINATION OF AGREEMENT COUNTY may terminate this contract for cause with fifteen (15) days notice to ORC. Cause shall constitute a breach of the obligations of ORC to perform the services enumerated as ORC'S obligations under this Agreement. Either of the parties hereto 4 =3ff may terminate this contract without cause by giving the other party sixty (60) days written notice of its intention to do so. ARTICL.E 15 - GOVERNING LAW AND VENUE This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to contracts made and to be performed entirely in the State. In the Eivent that any cause of action or administrative proceeding is instituted for the enforcement or interpretation of this Agreement, COUNTY and DRC agree that venue will lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. ARTICLE 16 - NON-DISCRIMINATION COUNTY and DRC agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that disc:rimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or DRC agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title 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-.!55), 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 patent records; 8) Title VIII of the Civil Rights Act of 1968 (42 USC s. Elt 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 the parties to, or the subject matter of this Agreement. ARTICLE 17 - WAIVER A waiver by either party of any breach of this Agreement shall not be binding upon the waiving party unless such waver is in writing signed by authorized person for DRC and approved by SOCC. In the event of a written waiver, such waiver shall not affect the waiving party's rights with respect to any other or further breach. The making or acceptance of a payment by either party with knowledge of the existence of a default or breach shall not operate or be construed to operate as a waiver of any subsequent default or breach. 5 =W ARTICI.E 18 - SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace and stricken provision with a provision that comes as close as possible to the intent of the stricken provision. ARTICL.E 19 - ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between them, and that there are not promises or understandings other than those stated herein. This Agreement supersedes all prior contracts, representations, negotiations, letters or other communications between COUNTY and ORC pertaining to the services, whether written or oral. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. ARTICL.E 20 - MODIFICATION This Agreement may not be modified unless such modifications are evidenced in writing signed by both COUNTY and ORC. Such modifications shall be in the form of a written Amendment executed by both parties. ARTICL.E 21 - SUCCESSORS AND ASSIGNS, ASSIGNMENT COUNTY and ORC each binds itself and its partners, successors, assigns and legal representatives to the other party to this Agreement and to the other party's partners, successors, assigns and legal representatives. ORC shall not assign this Agreement without express written approval of the SOCC executed in the same manner as this Agreement. ARTICLE 22- OWNERSHIP OF THE DOCUMENTS Any and all documents, records, disks, original drawings, or other information shall become the property of COUNTY for its use and/or distribution as COUNTY may deem appropriate. ARTICLE 23 - NOTICE Any notice or demand 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 r,equested, to the following: 6 ~ FOR COUNTY: Mr. George Garrett Division of Growth Management Department of Marine Resources 2780 Overseas Highway, Suite 420 Marathon, Florida 33050 AND Mr. Thomas Willi Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 FOR DRC: DRe Emergency Services llC 740 Museum Drive Mobile, Alabama 36608 Attn: Contract Administrator Facsimile transmission is acceptable notice and is effective when received so long as the original of the notice is additionally mailed, postage prepaid, to the other party by certified mail, returned receipt requested. Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Nothing contained in this Article shall be CQnstrued to restrict the transmission of routine communications between the parties or their representatives; however, facsimile transmissions received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original must be additionally mailed. ARTICLE 24 - AGREEMENT ADMINISTRATION Services of DRC shall be under the general direction of COUNTY Administrator, or his designee, who shall act as COUNTY'S representative during the term of this Agreement. ARTICLIE 25 - TASK ORDER/PERFORMANCE Task Orders shall be executed bilaterally and the scope of services and format of Task Orders shall be mutually agreed to by DRC and COUNTY. COUNTY shall have the right to correct for vendor default or underperformance by any means it deems in its best interest. DRC will be required to provide a weekly report on quantity of work performed under each Task Order. ARTICLE 26- BONDS DRC will furnish a performance and payment bond for any and/or all Notices to Proceed. 7 1r ARTICL.E 27 - 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. ARTICL.E 28 - CLAIMS FOR FEDERAL OR STATE AID DRC and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain fl~deral 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. ARTICL.E 29 - 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 employoes of COUNTY, when performing their respective functions under this Agreement within the territorial limits of COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers, agents, volunteors, or employees outside the territorial limits of COUNTY. ARTICL,E 30 . LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Dellegation of Constitutional or Statutory Duties. 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 COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. ARTICLE 31 - 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 COUNTY and the DRC agree that neither COUNTY nor DRC or any agent, officer, or employee of either shall have the authority to inform, counsel, or otherwise indicate that any particular individual or group of individuals, entity or entities, have entitlements or benefits under this Agreeml~nt separate and apart, inferior to, or superior to the community in general or for the purposes contemplated in this Agreement. ARTICLE 32. ATTESTATIONS DRC agl'ees to execute such documents as COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 8 ~ ARTICL.E 33 - NO PERSONAL LIABILITY No COVEmant 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. ARTICLE 34 . 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 instruml9nt and any of the parties hereto may execute this Agreement by signing any such counterpart. ARTICLE 35 - 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. ,>"~o)J)tITNESS WHEREOF the parties hereto have executed this Agreement on the !>:p. '>f!rst written above in four (4) counterparts, each of which shall, without "j: ~~ ming for the other counterparts, be deemed an original contract. 5,~~);; .'~I .--..,..,.., . "",~ BOARD OF COUNTY COMMISS NERS OF MON OUNTY, FLORIDA >'. -;"-",' ",-' \'{."vr/:":\:i<"~' ' . 'A~t:D~t;\INY L By:G::. .e Deputy erk SEP 2 0 2006 By: nny" McCoy o ZQu~ Date: ::J:: Date: Qh!J.{)Jie ~~~ Pl -<~ MONROE COUNTY ATTOR~"f: ? APPROVED AS 0 F~~~ NA IlEENE W CASSEli :-t... ASSISTANT COUNTY ATTORjiiy C; Date 'I-I I-Or" 'f> r'l co ." :z: ~ ~ N Date: ~11! UJfj~ 9 .~ No "'" "'" "'" C) n -l .." 1- .." o "Tl C> ::0 ::;0 r<1 ("') o ::0 o EXHIBIT A SCOPE OF WORK FOR MARINE DEBRIS Lobster traps, Marine Debris, and Abandoned Vessels Lobster Trao Removal DRC will be responsible for managing the removal and disposal of lobster traps destroyed or substantially damaged as the result of the 2005 and subsequent hurricane seasons within the life of the Agreement; to include the identification of locations in the water of where significant trap debris exists, working with the Monroe County Commercial Fisherman (MCCF) or other entities as appropriate to locate, remove, and dispose or traps, and oversight of field monitoring, and billing for the project. Detailed Responsibilities: . IDRC will be responsible for locating appropriate Temporary Debris Sites and Reduction Sites . IDRC will provide management and oversight for County designated temporary debris sites to manage trap line, funnels, and buoys prior to appropriate disposal. Sites can be at fish houses or commercial fishing related facilities. Disposal sites for wood and concrete portions of traps will be as follows - various County designated offshore sites in the Gulf and Atlantic Ocean. Sit" ID Estimated Depth (Feet) Latitude Longitud" 01 40 24.51244 -82.14985 02 33 24.49513 -81.96367 03 31 2451528 -81.82093 04 28 24.54376 -81.62800 05 40 24.56686 -81.44104 06 43 24.60182 -81.28612 07 39 24.64480 -81.13454 08 27 24.77655 -80.78988 09 14 24.89500 -80.58864 10 23 25.02491 -80.41809 11 26 25.14859 -80.28529 12 34 25.28558 -80.18986 13 20 24.96675 -81.34483 9/01/06 - 1 - ~ Exhibit A 82159W 52 DW Bl -, BI• 9W 81 -. el -) BIM 9W 8I., .--. EC%1W W 9W .. 9W Bo'19W :j: I -1J— E ME,a 1�1EM■ ■■■■■■■■■■■■ _. •_,N„ E .• a•' ii ■ ■■■■■■■■■■ ■ .. b-cn I■ ■ ■■■■■■■■■■■■■■■ ■ ■■ ...., _ ■ ■■ ■■■■■■■■■■■■■■■■ ■■■■ st , I■ ■■■■■■■■■■■ ■■■■■■■■■■■ E„• 11111.1111111111111111.111111111111111.11111111111■ 044 E 1 ■ ■ ■■ ■■■■■■■■■■■■■■■P■■ ... E • ■■ ■ ■■■■■■■■■■■■■. ,E© ..'' Mill ■ ■■■■■■■■■■■■■ ' 11■ ■■■■■ ■■■■■■■■■■■r! ; si■ . >,_• ■■■■■ ■■■■■■■■■••ta■■■ 4 2,,D i !!! Pi!FiJIIII : ■■■ 2, •, ■ ■■IIFF` _ -III f i ■■■■■ 14 1111E111111111.1 , ..1-. Eli •' '■■■■■■■■ ■ .•. • __ ''INN „ ■■II■■■■■I■■■■■■_ ■' • • Trap Ronda St. 90994 0 o ut M tl 1321O4W 82139W BISVVW 81 ,• 81 ., 81 .. 819'-. BI., 805.2OW ®YODW :•-.. ;.:.. OM. • Determine locations of significant lobster trap debris in an area from Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to include municipalities. No effort should be made to assess the area within the bounds of Everglades National Park. Assessment of debris locations should not extend beyond %2 mile further toward the ocean or gulf from the islands connected by U.S. highway 1, unless there are known shallow water flat areas which may harbor trap debris. In addition, a less detailed assessment of the existence of lobster trap debris should be completed for the area ten miles (plus or minus) west of Key West. • Traps to be removed will include only those that have washed up on shallow water "flats" in the Keys or which otherwise exist in the near shore environment of the Keys and are tangled with other trap material (trap lines particularly); such that these traps cannot be construed as being active or functional for"fishing." • DRC will provide supervision and project oversight as required by FEMA, the State of Florida, and the County in conjunction with County staff and/or a monitoring firm employed by the County. Monitoring will include determination of actual trap removal counts of complete or partial traps and coordination with FEMA, the State of Florida, or Monroe County for verification of such counts. Exhibit A 14 9/01/06 -2- /1, . Monroe County will maintain an independent monitoring team representing the County as the project applicant. . DRC will be responsible for the management of all project expenses and billing documentation as will be required by FEMA, the State of Florida, and the County . DRC through separate sub-contract(s) will accept the assistance of any other valid, qualified contractor as needed to assist in this project. DRC reserves the right to solely determine if the sub-contractor in question is qualified to participate in this project. Canal and Near Shore Debris Clean-up DRC w:ill be responsible for managing the removal and disposal of marine debris in manmade canals which has resulted from the impacts of the 2005 and. subsequent hurricane seasons within the life of the Agreement. Efforts are to include the identification of locations in the water of where significant marine debris exists, contracting with local marine contractors to, locate, remove, and dispose or marine debris, and oversight of field operations for the project. Detailed Responsibilities: . DRC will be responsible for locating appropriate Temporary Debris Sites and Reduction Sites . Management and oversight of County designated temporary debris sites for storage of marine debris prior to appropriate final disposal. · Determine locations of marine debris in manmade canals within an area to include Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to include the municipalities. The definition ofmanmade canal shall be that found in the Monroe County Code of Ordinances as follows: Man-made water body means a water body that was created by excavation by mechanical means under human control and shall include a canal, cut basin, or channel where its edges or margins have subsequently been modified by natural forces (See Definitions, Chapter 9.5-4 (M-4). (1) For the purposes of this chapter, such water bodies may have natural components, for instance a channel or canal may have been dredged such that the dredge material was used to create land on one side, but not the other, thus leaving a relatively natural shoreline: on the opposite side. (2) Also for the: purposes of this chapter, the man-made water body must have "Buildings," as defined in Chapter 9.5-4 (8-9), along its shoreline to be applicable. If buildings are not present on a given shoreline on the date of adoption of this ordinance, but such buildings are constructed at a later date, then this ordinance: becomes effective: at that time. 9/01/06 -3- :JE Exhibit A . Assess total potential volume or appropriate metric (linear feet of canal, tons, etc.) for the amount of marine debris likely to be removed and disposed of. Marine debris should include such material that is visible on or just under the waters surface and that would cause a hazard to safe navigation or be a potential risk to human health if not removed. Such marine debris should not be debris attached to personal property unless permission is provided to remove such debris. An effort should be made to contact a property owner to obtain permission to remove material that is obviously debris, but which may be tied or otherwise affixed to land for reasons of maintaining clear navigation. · Complete Contracts for Service with local marine contractors to remove debris from manmade canals located in the project work area. · DRC will provide supervision for projeet oversight efforts as required by FEMA or the Natural Resources Conservation Service (NRCS) (U.S. Department of Agriculture), the State of Florida, and the County in coordination with County staff and/or a monitoring firm employed by the County. · Monroe County will maintain an independent monitoring team representing the County as the project applicant. · DRC will be responsible for the management of all project expenses and billing documentation as will be required by FEMA or NRCS, the State of Florida, and the County Abandoned Vessel Recoverv and Disposal DRC wi'll be responsible for managing the removal from the water, impound and auction or disposal, of abandoned vessels surrounding the Florida Keys which are largely, but not exclusivdy, the result of impacts of the 2005 and subsequent hurricane seasons within the life of the Agreement. Efforts are to include the detailed cost assessment for the removal of larger vessels which are located in shallow waters and are hard aground. Work will also include obtaining necessary salvage approvals through applicable state and federal agencies., including the Florida Keys National Marine Sanctuary, the United States Coast Guard, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission. Detailed Responsibilities: · DRC will be responsible for locating appropriate Temporary Debris Sites and Reduction Sites · Determine current locations of remaining abandoned vessels and determine the l<:ast costly approach for salvage or disposal as appropriate. Maps provided show approximate location of vessels after Hurricane Wilma. Additional information may be available concerning their current disposition. 9/01/06 -4- ~ Exhibit A • In the event of future storms and similar impacts, staff will work with DRC to locate and map vessels and other marine debris post each event. Such products will supplant the maps provided herein. IIIMIMIIMMINI 40 e ne Season 2005 ~). Abandoned Vessdls-Key West Area r.4 0 -• ;414101'1141/44.‘ ' wpwilmo: P.'-. 'i ki...544 "' .-r' erAv - 14 - NSO° N Hurricane Season 2005 - Abandoned Vessels-Lower Keys I $lr s +< t,- " v 39 �+ • 4 'y a 1 Via- ♦ r yc I ..4 - ♦ • ..F ''- .pan 1 4- - ... 1 ,.,- , , es,T.:‘,.., ,,,, 744004.., . _,.. t,,, Nifv....,irg • . , -- ,..,‘,..., , . ... , . , ,, . . ., Exhibit A if ' 9/01/06 - 5- j� • N I Hurricane Season 2005 Abandoned Vessels-Middle Keys =i•- ems? . .•, ! K a 1 13 2c. { I 1 6100 I WISUW ei'uUW !IIW OPA7W W 9OY. uraYw 10150w W'IVUw RAY `s. HulIkicane Season 2005 I s'°°" --A- ne Is-upper Keys Y - -.4521011 a zsaa ---- - ---- - ---------,,5T/,1 ' 2510411 ' 47"' i 217vi _ S B — — — sear 1 " , ..4r CO_ IA • m•,ovw CO.vw nmaW 104.4 soave 5411t0 1 VW mb Exhibit A / 9/01/06 - 6- is . Management and oversight of County designated temporary debris sites for storage of marine debris prior to appropriate final disposal. . Assess total potential value of the removal operation whether by means leading to disposal or by means appropriate for salvage and sale for cost. . W'ork with local, state, and federal agencies to approve salvage plans for vessels dlat are located on sensitive marine or wetland resources, including shallow water seagrass areas and mangrove communities. . Prior to ultimate removal from the marine environment, reach agreement with local, state, and federal agencies on wlrich abandoned vessels will be "eligible" under FEMA's eligibility guidelines. · Prior to ultimate removal from the marine environment, reach agreement on which vessels will be removed for disposal and which will be removed to a holding site for cost recovery through sale to an original owner or auction. · DRC will provide supervision for project oversight efforts as required by FEMA and the County in conjunction with County staff and/or a monitoring firm employed by the County. · Monroe County will maintain an independent monitoring team representing the County as the project applicant. · DRC will be responsible for all project oversight where salvage plans have been applied for and approved and necessary salvage criteria or constraints are imposed by approving agencies. · DRC will be responsible for the management of all project expenses and billing documentation as will be required by FEMA and the County 9/01/06 - 7 - ~ l";xbibit A EXHIBIT B FEE SCHEDULE FOR MARINE TRAP, VESSEL, CANAL CLEAN-UP, MARINE DEBRIS AND DERELICT VESSELS Trap Debri~ Cost per Trap Removed Shallow Water (0-2') Channels (2' plus) $ 41.50 34.20 1. Concrete and wood will be disposed of at designated sites on the water, thus per unit cost is based on delivery of material to these sites and not to temporary land based sites for transportation to a permanent disposal area. 2. Trap line, trap funnels, and buoys are to be disposed of at appropriate land-based disposal sites. 3. When possible, the Contractor will work with local commercial fisherman and other capable and interested parties as sub-contractors for this project. Canal Debris Costs for Canal Debris Removal C & D debris removal from canals. $ 19.58 per linear foot cleaned Vegetative debris removal from canals. $ 19.58 per linear foot cleaned Vessel and Other Open Water Marine Debris Labor and Cost of boat and vessel removal BoatsN essels retrieved from the land by means of various equipment. No water borne equipment. $ 150.00 per linear foot of vessel Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Non Salvageable: $ 25.00 per linear foot of vessel :JfF Other BoatsNessel up to 35 feet in length retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Salvageable: $ 150.00 Non Salvageable: $ 225.00 per linear foot of vessel per linear foot of vessel Other BoatsNessel in excess of 35 feet in length retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Salvageable: $ 250.00 Non Salvageable: $ 225.00 per linear foot of vessel per linear foot of vessel Houseboats and larger vessels that may create some difficulty in removal because of location (edge of islands or in the mangroves, hard aground etc. retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Salvageable: $ 400.00 Non Salvageable: $ 225.00 vessel per linear foot of vessel per linear foot of Per day fees for storage/dockage for salvaged boats/vessels. $ 35.00 per unit/daily Respondent responsible for providing storage / dockage site. Watt:r based marine debris found outside of canals including offshore collection and transport to offloading site: $ 50.00 per cubic yard collected 1. The removal of vessels of special consideration may require unexpected additional effort and further negotiation may be allowed on a case by case basis. 2. Substantially intact vessels (Greater than 80 %) are considered to be vessels for the purposes of this fee schedule and will be billed by the linear foot. Note, in all cases, traps, vessels, and other marine debris: · Load and haul to TDSRS, any necessary separation and reduction cost, and haul out to final resting place of trap line, floats, and funnels must be considered in any price quote provided. · Tipping fees from final disposal of all canal/waterway debris brought to land will be a pass through cost to be determined upon designation of final disposal facilities. Exhibit B 9/6/20062:26:00 PM 4tP I:I ....-na. kiiiiit ., i . i . CI 7 THE GRAY INSURANCE COMPANY � . 1 -1 I 1 CERTIFICATE OF INSURANCE NO 157 I - - 1 1 - I ' CERTIFICATE HOLDER NAMED INSURED - 1 - _ 1 1 - MONROE COUNTY 1 I 502 WHITEHEAD STREET 1 1 DRC, Inc., DRC Emergency Services, LLC _ 1 COURTHOUSE ANNEX 740 Museum Drive 1 . 3rd FLOOR REAR Mobile, AL 36608 ! 1 - KEY WEST, FL 33040 1 , 1 1 I - 1 1 .1 I' - Attc Natileene Cassel FAx '105-792-3516 � 1 I - -.1 1 1 IN YES 0 NO Do all policies contain a Waiver of Subrogation in favor of Certificate Holder if required by written contract? • - M YES 0 NO Do all policies except the Workers' Compensation name the Certificate Holder as Additional Insured if required by written contract? 1 M YES ❑ NO Do policies provide 30 days written notice of cancellation to Certificate Holder? • M YES 0 NO Is coverage under all'insurance carried by Named Insured Primary Insurance if required by written contract? 1 1 1 I - 1 - 1 1 LIMITS OF LIABILITY IN I CONFIRMATION I TYPE OF.INSURANCE THOUSANDS POLICY POLICY - OF COVERAGE - NUMBER PERIOD (000) 413 1 • • WORKERS'COMPENSATION& XSWC-070343 03/01/2005 WORKERS COMPENSATION Statutory I EMPLOYERS LIABILITY 03/01/2008 ' I - ►:4 YES 0 NO U.S.Longshoremen's and Harbor Workers' EMPLOYERS LIABILITY Compensation Act Coverage Each Accident $1,000 1 1 - ® YES 0 NO Outer Continental Shelf Land Act Disease-Policy Limit $1,000 1 1 Disease-Each Employee $1,000 j 1 IN YES 0 NO Jones Act(including Transportation,Wages, ;� 1__ Maintenance,and Cure),Death on the High MARITIME EMPLOYERS 1 ( Seas Act&General Maritime Law LIABILITY $1,000 1 • ® YES 0 NO Voluntary Compensation Endorsement M YES 0 NO Other States Insurance /_ ® YES 0 NO Alternate Employer/Borrowed Servant Endorsement 4 - M YES 0 NO "In Rem"Endorsement I Ed YES 0 NO Gulf of Mexico Territorial Extension __ i ' 1 I - GENERAL LIABILITY XSGL-072995 03/01/2005 _' 1 Form&Edition Date ISO CG 00 01 11/88 03/01/2008 General Aggregate Unlimited j 1 �i I - Products-Comp/OPS Agg. $3,000 - 1 I ® YES 0 NO Broad Form Property Damage Liability Personal&Advertising Injury $1,000 I I including X,C,U Each Occurrence $.1,000 "-`, 1 IN YES 0 NO Products/Completed Operations Fire Damage $ 50 1 IN YES ❑ NO Contractual Liability (Any one fire) . • `!1 I--- 121 YES 0 NO Sudden and Accidental Pollution Liability Medical Expense $ 5 • --1 1 ® YES 0 NO Occurrence Form (Any one person) ,I 4 -- M YES 0 NO Personal Injury ® YES 0 NO . "In Rem"Endorsement I - ® YES ❑:-NO- , Cross Liability ® YES 0 NO Watercraft exclusion has been modified by the • • - - vessels endorsement on scheduled equipment I, J `_1 1___ _"1 I . V al ff.,--E ,i 1 I 1 1 i • 1 1 1 - r 1 - ,1 . - 1 1 1 -1 1 1 1 1 1 _____ _ mrAtir _ __ s__L__'.•AurtififfingWAPranil lEll RXHTRTT r T _7_ el gUlgalgal Til El CI- I _ I I _ 1__ I CONFIRMATION POLICY POLICY LIMITS OF LIABILITY IN 1 1 OF COVERAGE: TYPE OF INSURANCE NUMBER PERIOD THOUSANDS --: (000) 1„ I, -_ 1 XSAL-072793 03/01/2005 AUTOMOBILE LIABILITY - 03/01/2008 r ® YES 0 NO Any Auto Bodily Injury&Property $ 1,000 _' 1 ® YES 0 NO All Owned Autos Damage Combined =' 1 0 YES 0 NO Scheduled Autos . I ® YES 0 NO Hired Autos - -I 1 _ ® YES ❑ NO Non-Owned Autos 1 - 1 I 1- I 7 1 1__ r 1 1; EXCESS LIABILITY - GXS-041989 03/01/2006 1 1. 03/01/2007 - r 1i YES. ❑ NO Excess Form Each Occurrence $ 4,000 1 -i Aggregate $ 4,000 P I 1_ 1, 1 1___ 1 I, 1 /1 - JOB OR PROJECT DESCRIPTION 1 1. I 1` _ I SPECIAL CONDITIONS 1 1`_ _,1 _ 1 _ 1` _f I r (__ r 1I 1 Should the insurance herein described be cancelled,assigned or changed in such a manner as to affect this certificate,THE GRAY INSURANCE r, 1 COMPANY will endeaver to give thirty ( 30 )days written notice to the certificate holder,but failure to do so shall impose no obligation or liability _"1 1,- , upon THE GRAY INSURANCE COMPANY. 1 1 1 A 1 - +31 - 1 _ 4.3 1, —AZi 1 I.;=_i THE GRAY INSURANCE OMPANY - I 1, 3601 N.I-10 Service Road West,Metairie,LA 70002 1 I _ DATE: 9-1 -0 6 I- 1 I _ S h_ I„ ' -1 1-- FORM NO. 135 REV. 1/01 A, I lie Ci _ _I I 1 ' 1 w II 1 1 _ i _�Y 11��