06/20/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
July 13, 2007
TO:
Dave Koppel, County Engineer
Engineering Division
FROM:
Pamela G. Han~
Deputy Clerk
At the June 20, 2007, Board of County Commissioner's meeting the Board granted
approval to award primary Disaster Response and Recovery Services Contract to DRC, Inc.
Enclosed is a duplicate original of the above-mentioned for your handling. Should you
have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File.!
AGREEMENT FOR
CONTRACTOR SERVICES
for
Disaster Response and Recovery Services
?tJ~
This Agreement ("Agreemenf') made and entered into thi~day of ,
2007 by and between Monroe County, a political subdivision of the State of orida, 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 Emeraencv Services. LLC . a limited liability company organized
under the laws of Alabama, and authorized to transact business in the State of Florida, whose
add res,s is 740 Museum Drive. Mobile. Alabama 36608 its successors and
assigns, hereinafter referred to as "CONTRACTOR",
WITNESSETH:
WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR
for Disaster Response and Recovery Services; and
WHEREAS, CONTRACTOR has agreed to provide professional services which shall
include but not be limited to providing disaster response services to respond to hurricanes,
tornadoes, floods, mass migration, and other natural and manmade events, which services
shall collectively be referred to as the "Projecf';
NOW, THEREFORE, in consideration of the mutual promises, covenants and
agreements stated herein, and for other good and valuable consideration, the sufficiency of
which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows:
FORM OF AGREEMENT
ARTICLE I
1.1 FIEPRESENTATIONS, AND TERM OF AGREEMENT
By executing this Agreement, CONTRACTOR makes the following express representations
and warranties to the COUNTY:
1.1.1 The CONTRACTOR shall maintain all necessary licenses, permits or other
authorizations necessary to act as CONTRACTOR for the Project until the
CONTRACTOR'S duties hereunder have been fully satisfied;
1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions
under which the Work is to be completed.
1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in
such a manner that they shall be accurate, coordinated and adequate for use in
verifying work completed by debris contractors and associated costs and shall be in
conformity and comply with all applicable law, codes and regulations. The
CONTRACTOR will prepare documents under this Agreement in accordance with
industry standards and in a manner consistent with local, state, and federal
reimbursement requirements known at the time;
1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with
regards to his performance and those directly under his employ.
1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly progress of the Project. In providing all
services pursuant to this agreement, the CONTRACTOR shall abide by all statutes,
ordinances, rules and regulations pertaining to, or regulating the provisions of such
services, including those now in effect and hereinafter adopted. 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 contract immediately upon
delivery of written notice of termination to the CONTRACTOR.
1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an
independent contractor and not an employee of the Board of County Commissioners
for Monroe County. No statement contained in this agreement shall be construed so
as to find the CONTRACTOR or any of his/her employees, contractors, servants, or
agents to be employees of the Board of County Commissioners for Monroe County.
1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is not
job related, in its recruiting, hiring, promoting, terminating, or any other area affecting
,employment under this agreement or with the provision of services or goods under this
agreement.
1.1.8 The effective date of this agreement shall be JUN 2 0 2097
The term of the agreement shall be for a five (5) year period, unless otherwise
terminated as provided herein. The COUNTY shall have the option of extending the
AGREEMENT for one (1) additional five (5) year period at the same terms and
conditions with approval from the COUNTY'S Governing Board. Such extension shall
be in the form of a written Amendment to the AGREEMENT executed by both parties.
ARTICLE"
SCOPE OF BASIC SERVICES
2.1 [IEFINlnON
CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A. The
CONTRJ\CTOR shall commence work on the services provided for in this Agreement promptly
upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will
be in the form of a task order and must contain a description of the services to be performed,
the rate/compensation for services, and the time within which services must be performed.
This clause does not restrict the COUNTY from utilizing its own personnel and equipment or
the personnel and/or equipment of municipalities in the County, the personnel and/or
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equipment of other governmental entities or of any other entities or contractors when the
servicEls performed by those entities can be performed with greater speed or less cost to the
COUNTY.
2.2 N4:>N-EXCLUSIVE CONTRACT AND AGREEMENT TO COOPERATE
The CONTRACTOR agrees that they will be the primary contractor for the scope of
services under this contract and that this is not an exclusive contract. CONTRACTOR
agrees that they will be called in to perform work under the contract at the discretion of
the COUNTY. CONTRACTOR further agrees that this agreement does not restrict the
COUNTY from utilizing its own personnel and equipment or the personnel and/or
equipment of municipalities in the County, the personnel and/or equipment of other
governmental entities or of any other entities or other contractor(s) when the services
performed by those entities can be performed at the discretion of the COUNTY with
greater speed or less cost to the COUNTY.
In the Elvent that COUNTY determines that it will bring in CONTRACTOR as a secondary
contractor to perform portions of the work as defined in the scope of work, the
assignment of the work will be done by task order from the COUNTY. It shall be the
responsibility of CONTRACTOR to cooperate with the work of the other contractor(s) or
entities to complete the work.
2.3 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES
Due to Ithe emergency nature of the scope of work. the COUNTY may terminate the
agreement for cause if the CONTRACTOR persistently refuses or fails to supply enough
properly skilled workers, material, or equipment, and/or disregards laws, ordinances,
rules regulations or orders of a public authority having jurisdiction or is otherwise is guilty
of substantial breach of any provision of the Contract Documents. When any of the
above fleasons exist, the COUNTY shall give written notice to the CONTRACTOR of
intent to terminate and the CONTRACTOR shall have five (5) days to cure the breach. If
the breach is not cured to the satisfaction of the COUNTY, the agreement is terminated
and the COUNTY has the right to complete the agreement in any manner that it
chooses.
2.4 NOnCE REQUIREMENT
All written correspondence to the COUNTY shall be dated and signed by an authorized
represE!ntative of the CONTRACTOR. Any notice required or permitted under this agreement
shall ble in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by
certffied mail, return receipt requested, to the following:
Mr. David S. Koppel, P.E.
Monroe County Engineer
1100 Simonton Street, Room 2-215
Key West, Florida 33040
And: Mr. Thomas Willi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
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For tlhe CONTRACTOR:
Mark Stafford
Chief Operating Officer
DRC Emergency Services
740 Museum Drive
Mobile, Alabama 36608
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in this Article III are not included in Basic Services. They shall
be paid for by the COUNTY as an addition to the compensation paid for the Basic
Services but only if approved by the COUNTY before commencement. and are as
follows:
A. Providing services of CONTRACTOR's for other than the previously listed scope of
the Project provided as a part of Basic Services.
B. Providing any other services not otherwise included in this Agreement or not
customarily furnished in accordance with generally accepted practice.
C. Providing representation before public bodies in connection with the Project, upon
approval by COUNTY.
3.2 ,It Additional Services are required, such as those listed above, the COUNTY shall
issue a letter requesting and describing the requested services to the CONTRACTOR.
The CONTRACTOR shall respond with a fee proposal to perform the requested
services. Only after receiving an amendment to the Agreement and a notice to
proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional
Services.
ARTICLE IV
COUNTY'S RESPONSIBILITIES
4.1 The COUNTY shall provide full information regarding requirements for the Project
including physical location of work, county maintained roads, maps.
4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with
rElspect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONTRACTOR in order to
avoid unreasonable delay in the orderly and sequential progress of the
CONTRACTOR'S services.
4.3 Pmmpt written notice shall be given by the COUNTY and its representative to the
CONTRACTOR if they become aware of any fault or defect in the Project or non.
conformance with the Agreement Documents. Written notice shall be deemed to have
bElen duly served if sent pursuant to paragraph 2.3.
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4.4 The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
CONTRACTOR'S services and work of the contractors.
4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its
subcontractors shall be solely for the purpose of determining whether such documents
are generally consistent with the COUNTY's criteria, as, and if, modified. No review of
such documents shall relieve the CONTRACTOR of responsibility for the accuracy,
adequacy, fitness, suitability or coordination of its work product.
4.6 The COUNTY shall provide copies of necessary documents required to complete the
work.
4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY
has immediate access to will be provided as requested.
ARTICLE V
INDEMNIFICATION AND HOLD HARMLESS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend
COUNTY, its commissioners, officers, employees, agents and servants from any and all
claims for bodily injury, including death, personal injury, and property damage, including
dama~,e to property owned by Monroe County, and any other losses, damages, and
expenses of any kind, including attorney's fees, court costs and expenses, which arise out of,
in connection with, or by reason of services provided by CONTRACTOR or its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or
omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees,
servants and agents.
In the event that the completion of the project (to include the work of others) is delayed or
suspended as a result of the CONTRACTOR's failure to purChase or maintain the required
insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased
expens:es resulting from such delay. Should any claims be asserted against COUNTY by
virtue of any deficiency or ambiguity in the plans and specifications provided by the
CONTRACTOR, the CONTRACTOR agrees and warrants that CONTRACTOR hold the
County harmless and shall indemnify it from all losses occurring thereby and shall further
defend any claim or action on the COUNTY's behalf.
The firs:t ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration for
the indomnification provided for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement.
This indemnification shall survive the expiration or earlier termination of the Agreement.
ARTICLE VI
PERSONNEL
6.1 F'ERSONNEL
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CONTRACTOR 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.
The CONTRACTOR shall assign only qualified personnel to perform any service concerning
the project. The CONTRACTOR warrants that skilled and competent personnel to the highest
professional standards in the field shall perform all services.
ARTICLE VII
COMPENSATION
7.1 PAYMENT SUM
7.1.1 The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S
performance of this Agreement based on rates negotiated and agreed upon and
shown in Attachment A.
7.1.2 Rates shown in Attachment A are inclusive of reimbursable expenses.
7.2 PAYMENTS
7.2.1 For its assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONTRACTOR shall be paid monthly.
(A) If the CONTRACTOR'S duties, obligations and responsibilities are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONTRACTOR shall be equitably adjusted, either
upward or downward;
(B) As a condition precedent for any payment due under this Agreement, the
CONTRACTOR shall submit monthly, unless otherwise agreed in writing by the
COUNTY, a proper invoice to COUNTY requesting payment for services
properly rendered. Invoices must reference the task order number and dates of
services rendered. Invoices shall be of appropriate audit quality and contain
detail to satisfy the requirements of any Federal or State agency, which may
provide potential reimbursement of the costs associated with this Agreement.
The CONTRACTOR'S invoice shall be accompanied by such documentation or
data in support of expenses for which payment is sought at the COUNTY may
require.
(C) If such state or federal agencies require additional explanation or an adjusted
format of the information submitted, CONTRACTOR will make reasonable and
necessary changes and provide appropriate personnel as required to work and
negotiate with such agencies on the COUNTY's behalf.
(D) Each invoice shall be delivered to:
Monroe County Board of County Commissioners
1100 Simonton Street, Room 2-215
Key West, Florida 33040
Attn: County Engineer
7.3 BIUDGET
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7.3.1 The CONTRACTOR may not be entitled to receive, and the COUNTY is not obligated
to pay, any fees or expenses in excess of the amount budgeted for this contract in
each fiscal year (October 1 - September 30) by COUNTY's Board of County
Commissioners. The budgeted amount may only be modified by an affirmative act of
the COUNTY's Board of County Commissioners.
7.3.2 The COUNTY's perlormance and obligation to pay under this Agreement is contingent
upon an annual appropriation by the Board of County Commissioners and the approval
of the Board members at the time of contract initiation and its duration.
ARTICLE VIII
INSURANCE
8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required
insurance at all times that this Agreement is in effect. In the event the completion of
the project (to include the work of others) is delayed or suspended as a result of the
CONTRACTOR'S failure to purchase or maintain the required insurance, the
CONTRACTOR shall indemnify the COUNTY from any and all increased expenses
resulting from such delay.
8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating
of VI or better, that is licensed to business in the State of Florida and that has an agent
for service of process within the State of Florida. The coverage shall contain an
,endorsement providing sixty (60) days notice to the COUNTY prior to any cancellation
Df said coverage. Said coverage shall be written by an insurer acceptable to the
COUNTY and shall be in a form acceptable to the COUNTY.
8.3 CONTRACTOR shall obtain and maintain the following policies:
A Workers' Compensation insurance as required by the State of Florida, sufficient to
respond to Florida Statute 440.
B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000
Disease, policy limits, $1,000,000 Disease each employee.
C. Comprehensive business automobile and vehicle liability insurance covering claims
for injuries to members of the pUblic and/or damages to property of others arising
from use of motor vehicles, including onsite and offsite operations, and owned,
hired or non-owned vehicles, with One Million Dollars ($1,000,000.00) combined
single limit and One Million Dollars ($1,000,000.00) annual aggregate.
D. Commercial general liability, including Personal Injury Liability, covering claims for
injuries to members of the public or damage to property of others arising out of any
covered act or omission of the CONTRACTOR or any of its employees, agents or
subcontractors, including Premises and/or Operations, Products and Completed
Operations, Independent Contractors; Broad Form Property Damage and a Blanket
Contractual Liability Endorsement with One Million Dollars ($1.000,000) per
occurrence and annual aggregate.
An Occurrence Form policy is preferred. If coverage is changed to or provided on a
Claims Made policy, its provisions should include coverage for claims filed on or
after the effective date of this contract. In addition, the period for which claims may
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be reported must extend for a minimum of 48 months following the termination or
expiration of this contract.
E. Pollution liability insurance of Five Million Dollars ($5,000,000.00) per occurrence
and Ten Million Dollars ($10,000,000.00) annual aggregate. If the policy is a
"claims made" policy, CONTRACTOR shall maintain coverage or purchase a 'tail"
to cover claims made after completion of the project to cover the statutory time
limits in Chapter 95 of the Florida Statutes.
F. COUNTY shall be named as an additional insured with respect to
CONTRACTOR'S liabilities hereunder in insurance coverages identified in
Paragraphs C and D.
G. CONTRACTOR shall require its subcontractors to be adequately insured at least to
the limits prescribed above, and to any increased limits of CONTRACTOR if so
required by COUNTY during the term of this Agreement. COUNTY will not pay for
increased limits of insurance for subcontractors.
H. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of
all insurance policies including those naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such policies
upon request.
I. If the CONTRACTOR participates in a self-insurance fund, a Certificate of
Insurance will be required. In addition, the CONTRACTOR may be required to
submit updated financial statements from the fund upon request from the
COUNTY.
ARTICLE IX
MISCELLANEOUS
9.1 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
J~greement and will not be used in the interpretation of any proviSion of this
Agreement.
9.2 OWNERSHIP OF THE PROJECT DOCUMENTS
The documents prepared by the CONTRACTOR for this Project belong to the
COUNTY and may be reproduced and copied without acknowledgement or permission
of the CONTRACTOR.
9.3 SUCCESSORS AND ASSIGNS
The CONTRACTOR shall not assign or subcontract its obligations under this
a!~reement, except in writing and with the prior written approval of the Board of County
Commissioners for Monroe County and the CONTRACTOR, 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.
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Subject to the provisions of the immediately preceding sentence, each party hereto
binds itself, its successors, assigns and legal representatives to the other and to the
successors, assigns and legal representatives of such other party.
9.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with
or any rights in favor of, any third party.
9.5 TERMINATION
A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of
service, the COUNTY shall have the right to terminate this agreement after five
days written notification to the CONTRACTOR.
B. 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.
9.6 CONTRACT DOCUMENTS
This contract consists of the Request for Proposals, any addenda, the Form of
Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, all bid
clarifications provided by CONTRACTOR, the documents referred to in the Form of
Agreement as a part of this Agreement, attachments A, B, C, and modifications made
after execution by written amendment. In the event of any conflict between any of the
Contract documents, the one imposing the greater burden on the CONTRACTOR will
control.
9.7 PUBLIC ENTITIES CRIMES
A person or affiliate who has been placed on the convicted vendor list following a
Gonviction for public entity crime may not submit a bid on contracts to provide any
!loods or services to a public entity, may not submit a bid on a contract with a public
Elntity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to public entity, may not be awarded or perform work as
a contractor, supplier, subcontractor, or CONTRACTOR under a contract with any
public entity, and may not transact business with any public entity in excess of the
tl1reshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY
lWO for a period of 36 months from the date of being placed on the convicted vendor
list.
By signing this Agreement, CONTRACTOR represents that the execution of this
A.greement will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Agreement and
mcovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities.
In addition to the foregoing, CONTRACTOR further represents that there has been no
dl3termination, based on an audit, that it or any subcontractor has committed an act
dElfined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has
not been formally charged with committing an act defined as a "public entity crime"
regardless of the amount of money involved or whether CONUSULTANT has been
placed on the convicted vendor list.
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CONTRACTOR will promptly notify the COUNTY if It or any subcontractor is
formally charged with an act defined as a "public entity crime" or has been
placed on the convicted vendor list.
9.8 MAINTENANCE OF RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Records shall be retained for a period of five years from
the termination of this agreement. Each party to this Agreement or its 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, or were
wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies
together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes,
running from the date the monies were paid by the COUNTY.
The CONTRACTOR shall maintain the originals of documents required for federal
audits of the County's submission for federal disaster reimbursements.
9.9 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 contracts made and to be performed entirely in the
State. In the event that any cause of action or administrative proceeding is instituted
Ifor the enforcement or interpretation of this Agreement, COUNTY and CONTRACTOR
agree that venue shall lie in the 16'h Judicial Circuit, Monroe County, Florida, in the
appropriate court or before the appropriate administrative body. This agreement shall
110t be subject to arbitration. 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.
9.10 SEVERABILITY
III any term, covenant. condition or provision of this Agreement (or the application
tl~ereof 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
n~maining 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
pmvision.
9.11 ATTORNEY'S FEES AND COSTS
The 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 the Agreement, the prevailing party shall be entitled to
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reasonable attorney's fees and court costs, as an award against the non-prevailing
party, and shall include attorney's fees and courts costs in appellate proceedings.
9.12 BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and
inure to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
9.13 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.
9.14 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.
9.15 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
,each of the parties. 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
Ilhe Board of County Commissioners. If the issue or issues are still not resolved to the
satisfaction of the parties, then any party shall have the right to seek such relief or
remedy as may be provided by this Agreement or by Florida law. This provision does
not negate or waive the provisions of paragraph 9.5 concerning termination or
cancellation.
9.16 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 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.
9.17 NONDISCRIMINATION
CONTRACTOR and COUNTY agree that there will be no discrimination against any
p,erson, and it is expressly understood that upon a determination by a court of
competent jurisdiction that discrimination has occurred, this Agreement automatically
te,rminates without any further action on the part of any party, effective the date of the
court order. CONTRACTOR or COUNTY 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 (Pl88-
31;2) which prohibits discrimination on the basis of race, color or national origin; 2) Tille
IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and
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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) 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 may be
amended from time to time, relating to nondiscrimination on the basis of disability; 10)
Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the
basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender
identity or expression, familial status or age; 11) Any other nondiscrimination
provisions in any Federal or state statutes which may apply to the parties to, or the
subject matter of, this Agreement.
9.18 COVENANT OF NO INTEREST
CONTRACTOR and COUNTY covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement, and that only interest of each is to perform and
receive benefits as recited in this Agreement.
9.19 CODE OF ETHICS
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.
9.20 NO SOLICITATION/PAYMENT
The CONTRACTOR and COUNTY 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,
all its discretion, to offset from monies owed, or otherwise recover, the full amount of
such fee, commission, percentage, gift, or consideration.
9.21 PUBLIC ACCESS.
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The CONTRACTOR and COUNTY 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 119, Florida Statutes, and made
or received by the CONTRACTOR and COUNTY in connection with this Agreement;
and the COUNTY shall have the right to unilaterally cancel this Agreement upon
violation of this provision by CONTRACTOR.
9.22 NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
CONTRACTOR and the COUNTY 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 the COUNTY be
required to contain any provision for waiver.
9.23 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.
9.24 ILEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Agreement is not intended
to, nor shall it be construed as, relieving any participating entijy 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
il1tended 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
constitu1ion, state statute, and case law.
9.25 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 CONTRACTOR
and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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 Agreement separate and apart,
inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION
CONTRACTOR agrees to execute such documents as COUNTY may reasonably
require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-
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Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act
as the execution of a truth in negotiation certificate stating that wage rates and other
factual unit costs supporting the compensation pursuant to the Agreement are
accurate, complete, and current at the time of contracting. The original contract price
and any additions thereto shall be adjusted to exclude any significant sums by which
the agency determines the contract price was increased due to inaccurate, incomplete,
or concurrent wage rates and other factual unit costs. All such adjustments must be
made within one year following the end of the Agreement.
9.27 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.
9.28 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 and any of the parties hereto may execute this Agreement by signing
any such counterpart.
9.29 FEDERAL HIGHWAY ADMINISTRATION REQUIREMENTS
The following forms and provisions are incorporated in and made a part of this contract.
9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONTRACTOR or
their subcontractors shall pay workers employed directly upon the site of the work no
less than the locally prevailing wages and fringe benefits paid on projects of a similar
character. The current prevailing wage rates can be found at:
:NWW.access.QDo.Qov/davisbacon/fl.html under Monroe County.
9.29.2 Americans with Disabilities Act of 1990 (ADA) - The CONTRACTOR will comply with
all the requirements as imposed by the ADA, the regulations of the Federal
llovernment issued thereunder, and the assurance by the CONTRACTOR pursuant
thereto.
9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the
COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the
opportunity to participate in the performance of contracts financed in whole or in part
with COUNTY funds under this Agreement. The DBE requirements of applicable
f'9deral and state laws and regulations apply to this Agreement. The COUNTY and its
CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the
performance of this Agreement. In this regard, all recipients and contractors shall take
all necessary and reasonable steps in accordance with applicable federal and state
laws and regulations to ensure that the DBE's have the opportunity to compete for and
perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not
discriminate on the basis of race, color, national origin or sex in the award and
performance of contracts, entered pursuant to this Agreement.
9.29.4 Convict Labor - The convict labor prohibition in 23 U.S.C. 114 applies to emergency
re~pair projects. Convict labor cannot be used in emergency repair construction
projects.
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9.29.5 FHWA Form 1273 is attached hereto as Attachment B and made a part of this
Agreement.
9.29.6 The requirements of 23 CFR Part 635.410 Buy America Requirements are attached
hereto as Attachment C and made a part of this Agreement.
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IN WHN!::SS WHEREOF, each party has caused this Agreement to be executed by its duly
presentative on the day and year first above written.
~ ~ BOARD OF COUNTY COMMISSIONEI~S
i/; ~i! L. KOLHAGE, Clerk OF MONROE COUNTY, FLORIDA
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Date:
JUN 2 0 Z007
(Seal)
Attesi:
BY:
Title:
BY:~JW~
Mayor/Chairman
CONmACTOR
BY:~~
Title: C. 0.0,
END OF AGREEMENT
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ATTACHMENT A
SCOPE OF BASIC SERVICES and PRICING
In the event of a disaster the work and documentation to be performed by the
CONTRACTOR will consist of furnishing labor, materials and equipment to accomplish
the following types of tasks, as ordered by the COUNTY. All disaster response and
recove,ry services shall be performed in compliance with FEMA and FHWA guidelines.
Documentation and reports of work performed shall be in a form suitable for FEMA
reimbursement.
The tasks may include, but are not be limited to:
A. Emergency Debris Clearing from County Rights of Way and Facilities
. Immediately after a disaster, provide all necessary equipment, tools and
personnel to clear primary roads and critical government facilities of
debris to allow emergency vehicles access to areas in need of assistance
as directed by the County
. Debris should be stacked along edge of pavement on the shoulder of the
road and not blocking driveways, side streets or utilities of any kind.
. Emergency Debris Removal may require loading the debris, hauling the
debris to an approved temporary debris storage and disposal (TDSR)
site.
. Provide daily reporting to include cumulative, daily, and hourly statistics
detailing type of equipment and personnel used.
Pricing for Emergency Debris Clearing equipment shall be at the hourly rates
detailed as follows (equipment operator included):
Equipment Type Hourly Equipment Rate
Bobcat Loader $79.00
Bucket Truck w/Operator $198.00
Crash Truck wllmpact Attenuator $75.00
Dozer, Tracked, 05 or similar $160.00
Dozer, Tracked, 06 or similar $180.00
Dozer, Tracked, 07 or similar $240.00
Dozer, Tracked, 08 or similar $260.00
Dump Truck, 18 CY-25 CY $90.00
Dump Truck, 25 CY-35 CY $100.00
Dump Truck, 35 CY-45 CY $115.00
Dump Truck, 50 CY or larger $170.00
Gemerator and Lighting $40.00
Grader w/12' Blade $175.00
Hydraulic Excavator, 1.5 CY $170.00
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Hydraulic Excavator, 2.5 CY $190.00
Knuckleboom Loader $180.00
Equipment Transport $110.00
Mobile Crane (Adequate for hanging limbs/leaning $195.00
Pickup Truck, .5 Ton $40.00
Truck, Flatbed $50.00
Water Truck $105.00
Wheel Loader, 2.5 CY, 950 or similar $190.00
Wheel Loader, 3.5 - 4.0 CY, 966 or similar $210.00
Wheel Loader, 4.5 CY, 980 or similar $245.00
Wheel Loader-Backhoe, 1.0 - 1.5 CY $75.00
Track Hoe, John Deere 690 or similar $210.00
Stump Grinder $135.00
30 ton or larger Crane $175.00
Labor rates for Emergency Debris Clearing and other work directed by County
which require hourly billing shall be invoiced as follows:
Labor Category Hourly Labor Rate
Operations Manager w/cell phone and truck $68.00
Crew Foreman with w/cell phone and truck $72.00
Tree Climber w / chainsaw $171.00
Laborers w / chainsaw $44.00
Laborers w / small tools, traffic control, flag person $38.00
B. Debris Removal and Disposal from County Roads and Facilities:
. Provide all necessary equipment and personnel to load and haul eligible
disaster-generated debris to an approved TDSR site. Eligible disaster-
related debris will be sorted into clean vegetative, non-vegetative (C&D),
seaweed, white goods, and household hazardous waste.
. All debris shall be mechanically loaded and reasonably compacted.
. Provide control of pedestrian and vehicular traffic in the work area, to
include flag persons, signs or other devices necessary to ensure safe
debris recovery operations
. Provide daily reports on all debris recovery operations, to include all
equipment and personnel used. The report shall detail daily and
cumulative-to-date statistics on the number of truckloads, number of cubic
yards of debris hauled, locations of completed work, and locations of
current work for each type of debris recovered.
. Identify landfills and/or other final disposal site(s) for all debris.
. Haul debris from TDSR sites to final disposal site(s)
. Immediately investigate claims of damage to private property and/or
County roads and rights-of-way due to debris operations and make
repairs at no cost to the County
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Unit Costs associated with collection and hauling of debris from County rights of
way to TDSRs are on a per cubic yard (CYD) basis. Rates are inclusive of all
costs and shall be invoiced at the following rates:
DescrlDtion ~~~t~ ~i~~~~ ~~~Ct ~
Collect & Haul Veaetative ROW
o miles -15 miles CYD $9.89
15.1 miles 30 miles CYD $11.43
>30 miles CYD $15.86
Collect & Haul Non-Vegetative - ROW ',;: , " "',
o miles - 15 miles CYD $11.42
15.1 miles 30 miles CYD $12.94
>30 miles CYD $16.78
Collect & Haul White Goods - ROW '".,:,' ;
o miles - 15 miles CYD $35.00
15.1 miles - 30 miles CYD $45.00
>30 miles CYD $77.00
Collect & Haul Hazardous Waste - ROW I:;;:;-!;.,:,!,.! :; 'j'
o miles - 15 miles CYD $18.95
15.1 miles 30 miles CYD $19.98
>30 miles CYD $21.95
Collect & Haul Seaweed- ROW 1::;:5!!
o miles - 15 miles CYD $13.86
15.1 miles - 30 miles CYD $16.24
>30 miles CYD $19.42
Disposal of Animal Carcasses Per unit $100.00
C. Management of Temporary Debris Storage and Reduction (TDSR) Sites
. Provide sufficient personnel and equipment to operate multiple TDSR
sites simultaneously within unincorporated Monroe County
. Fully document pre-existing conditions at proposed TDSR sites with
photographs and appropriate testing
· Prepare each approved TDSR site to accept debris, to include clearing,
erosion control, grading, construction and maintenance of haul roads and
entrances and installation of inspection towers and security fencing
. Establish site layout, including entrance, exit and internal haul roads at
each TDSR site
· Provide all management, supervision, labor, machines, tools, and
equipment necessary to accept, process, reduce, sort, and dispose of
disaster related debris.
· Provide at least one inspection tower at each TDSR site constructed to
pre-approved specifications
. Vegetative debris reduction shall be performed by chipping I grinding only
. Ensure all debris is properly staged and sorted.
. Provide daily and cumulative-to-date reports for each TDSR site and
inspection tower
· Ensure TDSR sites are secure and not accessible by the public during
operation and after working hours
· Operate TDSR in a manner to minimize disruption to local area; provide
dust suppression if necessary.
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· After all debris has been reduced and hauled to final disposal site,
perform site restoration and closeout, to include removal of site
equipment (temporary toilets, inspection towers, security fence, etc) and
restore the site to pre-work conditions
Costs related to testing to establish TDSR site initial conditions, site mobilization,
and site restoration shall be invoiced at CONTRACTOR cost with no mark-up.
Unit costs for TDSR site management and debris reduction are on a per cubic
yard basis. Costs are inclusive of all work required to manage and reduce debris,
except as noted above, (freon removal from white goods is a separate, per unit
cost), and shall be invoiced as follows:
Description Unit Unit price
TDSR Site management "><:"'. ' .': < .': '.>'<
Veaetative CYD $5.46
Non-VE~aetative CYD $5.78
White goodS CYD $6.75
Household Hazardous Waste CYD $6.75
Seawel3d CYD $5.46
Freon removal from white goods shall be invoiced at $40.00 per unit from which Freon is
removed; the price for Freon removal includes transport and disposal of Freon at an
approvl~d disposal site.
Prices for Haul out of reduced debris to Final Disposal site shall be all inclusive and shall
be invoiced on a per cubic yard basis as follows:
Descri tion
Haul-ollt Reduced Debris to Final Dis osal Site
o 30 miles
30- 60 miles
60-100 miles
100-130 miles
> 130 miles
$4.85
$5.86
$6.94
$7.88
$9.46
D. Contractor will identify final disposal locations for all debris classes. Costs
associated with landfill tipping fees will be a pass through cost; the
CONTRACTOR will invoice the COUNTY at actual cost, without any additional
fees. Wherever possible, recycling, or other approved re-use facilities (ie, for
metals) will be identified in order to reduce disposal costs.
E. I:leach Sand Screening and Replacement
Provide all necessary equipment and personnel to screen all sand to remove
debris deposited by an event. This task includes the pick-up of debris laden
sand, hauling debris laden sand to the processing screen located on the beach,
processing the debris laden sand and returning clean sand to the approximate
original location on the beach as directed by the COUNTY. Debris removed from
sand will be picked up, hauled and processed based on scope of work and unit
prices for debris removal from COUNTY rights of way.
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The cost associated with collection, screening and returning sand to the beach
shall be invoiced at $7.46 per cubic yard.
F. Right of Entry Work
As directed by the COUNTY, the CONTRACTOR will provide labor, equipment
and materials to clear vegetative debris from private property, and demolish and
remove non-vegetative debris from private property. Work may include trimming
limbs and trees that present a hazard, clearing debris from private property and
hauling it to the closest public right of way.
Work will not proceed until appropriate rights of entry forms and hold harmless
agreements are obtained.
The following rates apply for right of entry work:
Vegetative debris - $4.86 per cubic yard
Non-vegetative debris - $5.24 per cubic yard
G. "rree and Limb Removal
. Provide all equipment, tools and personnel to safely remove hazardous
leaning trees, hanging tree limbs as directed by Monroe County
. Provide control of pedestrian and vehicular traffic in the work area, to
include flag persons, signs or other devices necessary to ensure safe
treellimb removal operations
. Ensure that strict Right-of-Entry procedures are followed for any
hazardous tree or limb removal operations or performed which affect
private property.
. As directed by the County, remove all hazardous tree stumps, both
uprooted and intact
The cost of Tree and Limb removal shall be invoiced at the hourly rates for
equipment and labor. Tree Stump removal shall be invoiced as follows:
Oeseri tlon
Hazardous Stum Removal stum
Less than 6 inches
6 inches < Stum < 12 inches
12 inchl~s < Stum < 24 inches
24 inchl~S < Stum < 48 inches
48 inchE~s < Stum
H. LogHstieal and Recovery Operation Services
. General procurement and logistics from tents to meals ready to eat (MRE), all
~lmergency and support items purchased, warehoused, and delivered
. Provide temporary housing, restroom, shower and laundry facilities for
Eimergency workers to include related supplies, services, and maintenance
. General (temporary) warehousing and support
. Temporary offices, mobile command centers, accommodations and support
. Emergency generator services with licensed electrician support to specified
facilities to include hauling, installing, servicing and removal
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. Ice, water and fuel delivery and distribution services to specified facilities
. Provide for hazardous waste recovery, disposal and remediation in flooded
environments, including canals, to include permitting, testing and related
services.
. Provide emergency satellite telephone service and/or other necessary
communication resource.
. Recovery and destruction of dead fish, animals, and livestock
. Provide emergency clinics and support personnel
The CONTRACTOR shall supply Logistical and Recovery Services as directed by the
COUNTY, during the emergency event. Invoicing for Logistical and Recovery Services
shall and equipment shall be invoiced as follows:
Generators w I electricians MonthlY rate
20 kW Generator $2900.00
56 kW Generator $4900.00
100 kIN Generator $6700.00
175 kW Generator $8200.00
240 kW Generator $10,350.00
320 kW Generator $12550.00
500 kW Generator $17,400.00
1000 kW Generator $23,000.00
General licensed electrician support shall be invoiced at $97.50 per hour.
Recovory, removal and disposal of debris from canals and other marine environments
shall bll invoiced at $88.50 per cubic yard.
Ice sha,1I be provided at $1.62 per pound.
Testin~1 shall be invoiced at cost plus 18%.
Emergl3ncy fuel, satellite phones and emergency communications shall be provided at
cost plus 22%.
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