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09/19/2001 Contract CONTRACT THIS AGREEMENT, made and entered into this 19th day of September, 2001, AD. by and between Monroe County, Florida, (hereinafter called the "Owner"), and Robbies Safe Harbor Marine Ent., Inc. (hereinafter called the "Contractor"). WITNESSED: as follows: That the parties hereto, for the consideration hereinafter set forth, mutually agree 3.01 THE CONTRACT The contract between the owner and the contractor, of which this agreement is a part, consists of the contract documents. 3.02 THE CONTRACT DOCUMENTS The contract documents consist of this agreement, the specifications, all change orders, and any addenda issued hereafter, any other amendments hereto executed by the parties hereafter, together with the bid proposal and all required insurance documentation. 3.03 SCOPE OF WORK The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation, and perform all ofthe work described in the Specification entitled: BEACH CLEANING, MAINTENANCE, AND BEAUTIFICATION HIGGS BEACH - KEY WEST LITTLE DUCK KEY BEACH - MM 40 HARRY HARRIS BEACH - MM 93 And his bid dated August 29, 2001, attached hereto and incorporated as part of this contract document, and shall do everything required by this Contract and other Contract Documents. 3.04 THE CONTRACT SUM The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money ofthe United States, as follows: :3: ~.." o Ci c::>> r :z ~ 0 f"'1 ::x>("')"'. ("") 0 O,X --l rT\ ::.x: -( .." g~r 0 0 C-;1'; :::0 ::z: ?J c :::t>>t :::0 ~......, -- ...... :< ~::;c ..... ~ .)> .,.,. .... "T1 c;) ...... 0 'rT\ .r::- :::0 '? co 0 Higgs Beach $3.300.00 per month. Little Duck Key Beach $1.280.33 per month. Harry Harris Beach $ 1.559.78 per month. Total $6.140.11 per month. 3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS A. Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the Owner, and his decision shall be final and binding upon all parties. B. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and Specifications covering said work; and the Owner may require the Contractor and/or his surety to repair, replace, restore, and/or make to comply strictly and in all things with the Contract and Specifications any and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or material, are found to be defective or to fail in any way to comply with this Contract or with the Specifications. This provision shall not apply to materials or equipment normally expected to deteriorate or wear out and become subject to normal repair and replacement before their condition is discovered. Failure on the part of the Contractor and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from the Contractor and/or his surety, who shall in any event be jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner by reason of the Contractor's breach of this Contract and/or his failure to comply strictly and in all things with this Contract and with the Specifications. 3.06 PAYMENTS In accordance with the provisions fully set forth in the General Conditions, and subject to additions and deductions as provided, the Owner shall pay the Contractor as follows: The County shall pay to the Contractor for the performance of said service on a per month in arrears basis. The Contractor shall invoice the County monthly for beach cleaning, maintenance, and beautification services performed under the Specifications contained herein. The Owner will, within ten days after receipt of each invoice, either process payment or return the invoice to the Contractor indicating in writing the Owner's reasons for refusing to recommend payment. In the latter case, the Contractor may make the necessary corrections and resubmit the invoice. Thirty days after presentation of the invoice with the Owners recommendation, the amount recommended will become due and will be paid to the Contractor. 3.07 TERM OF CONTRACT/RENEW AL A. This contract shall be for a period of three (3) years, commencing October 1, 2001, and terminating on September 30, 2004. This contract is renewable in accordance with Article 3.0m. B. The Owner shall have the option to renew this agreement after the first year, and each succeeding year, for two additional one year periods. The contract amount agreed to herein may be adjusted annually in accordance with the percentage change in the Consumer Price Index for all urban consumers (CPI-U) for the most recent 12 months available. Increases in the contract amount during each option year period shall be extended into the succeeding years. C. Either of the parties hereto may cancel this agreement without cause by giving the other party sixty (60) days written notice of its intention to do so. The county may terminate this agreement for cause with 7 days written notice of its intent to do so. 3.08 HOLD HARMLESS The Contractor shall defend, indemnify and hold harmless the Monroe County Board of County Commissioners as indicated on form TCS. 3.09 INDEPENDENT CONTRACTOR 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 hislher employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 3.10 ASSURANCE AGAINST DISCRIMINATION 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. 3.11 ASSIGNMENT The contractor shall not assign or subcontract this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and Contractor, which approval shall be subject to such conditions and provisions as the Owner may deem necessary. This agreement shall be incorporated by reference into any assignment or subcontract, and any assignee or subcontractor shall comply with all of the provisions of this agreement. Unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any obligation upon the Owner in addition to the total agreed-upon price of the serviceslgoods of the contractor, nor relieve the contractor of is obligations under this contract. 3.12 COMPLIANCE WITH LAW In providing all services/goods 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 Owner to terminate this contract immediately upon delivery of written notice of termination to the contractor. 3.13 INSURANCE Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached forms identified as INSCKLST 1-5, as further detailed on forms WCl, GLI, and VLI, each attached hereto and incorporated as part of this contract document. 3.14 FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the services/goods specified herein, this agreement may then be terminated immediately at the option of the Owner by written notice of termination delivered in person or by mail to the Contractor. The Owner shall not be obligated to pay for any services provided by the Contractor after the Contractor has received written notice of termination. 3.15 PROFESSIONAL RESPONSmILITY The Contractor warrants that it is authorized by law to engage in the performance of the activities encompassed by the project herein described, which is attached hereto and incorporated herein as a part ofthis contract/agreement. The provider shall at all times exercise independent, professional judgment and shall assume professional responsibility for the services to be provided. Continued funding by the Owner is contingent upon retention of appropriate local, state, and/or federal certification and/or licensure of contractor. 3.16 NOTICE REQUIREMENT Any notice required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the following: FOR COUNTY Monroe County Public Works Facilities Maintenance Department 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Robbies Safe Harbor Marine Ent., Inc. P.O. Box 2208 Key West, FL 33045 3.17 GOVERNING LAWS This Agreement is governed by the laws of the State of Florida. Venue for any litigation arising under this Agreement must be in Monroe County, Florida. 3.18 CONTINGENCY STATEMENT Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. OF the parties hereto have executed this Agreement on the day and date first unterparts, each of which shall, without proof or accounting for the other riginal Contract. BOARD OF COUNTY COMMISSIONER OF MO OE COUNTY, FLORIDA By&J"A-rLC.. ~\t~ B ./ Deputy Clerk Date: o q - / 9- 0 I (SEAL) Attest: CONTRACTOR Robbies Safe Harbor Marine Ent., Inc. By I/~f). ~ ~SS Title: G{ftC.f (f}anaqer ~ '\) . By: JI~O YJ2A bL()Q oA WITNESS J Title: ~;A'g a..~,bvA-a~-f By@J(~JJ ~r~ Title: CARL J. NETTLES MY COMMISSION # CC 717780 J1 PASOA/'vtl-"j !<.No:JJ,.,);h me) BY PUBLIC ENTITY CRIME STATEMENT "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list." 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRA nON MANUAL Indemnification and Hold Harmless For Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act of omission of the Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the Contractor" failure to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor IS for the indemnification 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. Administration Instruction #4709.2 TCS RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRA nON MANUAL General Insurance Requirements For Other Contractors and Subcontractors As a pre-requisite of the work governed, or the goods supplied under this contract (including the pre-staging of personnel and material), the Contractor shall obtain, at his/her own expense, insurance as specified in any attached schedules, which are made part of this contract. The Contractor will ensure that the insurance obtained will extend protection to all Subcontractors engaged by the Contractor. As an alternative, the Contractor may require all Subcontractors to obtain insurance consistent with the attached schedules. The Contractor will not be permitted to commence work governed by this contract (including pre-staging of personnel and material) until satisfactory evidence of the required insurance has been furnished to the County as specified below. Delays in the commencement of work, resulting from the failure of the Contractor to provide satisfactory evidence of the required insurance, shall not extend deadlines specified in the contract and any penalties and failure to perform assessments shall be imposed as if the work commenced on the specified date and time, except for the Contractor's failure to provide satisfactory evidence. The Contractor shall maintain the required insurance throughout the entire term of this contract and any extensions specified in the attached schedules. Failure to comply with this provision may result in the immediate suspension of all work until the required insurance has been reinstated or replaced. Delays in the completion of work resulting from the failure of the Contractor to maintain the required insurance shall not extend deadlines specified in this contract and any penalties and failure to perform assessments shall be imposed as if the work had not been suspended, except for the Contractor's failure to maintain the required insurance. The Contractor shall provide, to the County, as satisfactory evidence of the required insurance, either: · Certificate of Insurance Or · A Certified copy of the actual insurance policy The County, at its sole option, has the right to request a certified copy of any or all insurance policies required by this contract. All insurance policies must specify that they are not subject to cancellation, non-renewal, material change, or reduction in coverage unless a minimum of thirty (3) days prior notification is given to the County by the insurer Administrcttion InSlJuction #4709.2 GIRl The acceptance and/or approval of the Contractor's insurance shall not be construed as relieving the Contractor from any liability or obligation assumed under this contract or imposed by law. The Monroe County Board of County Commissioners, its employees and officials will be included as ((Additional Insured" on all policies, except for Workers' Compensation. Any deviations from these General Insurance Requirements must be requested in writing on the County prepared form entitled ((Request for Waiver of Insurance Requirements" and approved by Monroe County Risk Management. Administration Instruction #4709.2 GIRl MONROE COUNTY, FLORIDA INSURANCE CHECKLIST FOR VENDORS SUBMITTING PROPOSALS FOR WORK To assist in the development of your proposal, the insurance coverage's marked with an "X" will be required in the event an award is made to your firm. Please review this form with your insurance agent and have him/her sign it in the place provided. It is also required that the bidder sign the form and submit it with each proposal. WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY WCl WC2 WC3 WCUSLH x X Workers' Compensation Employers Liability Employers Liability Employers Liability US Longshoremen & Harbor Workers Act Federal Jones Act Statutory Limits $100,000/$500,0001$100,000 $500,0001$500,000/$500,000 $1,000,000/$1,000,0001$1,000,000 Same as Employers' Liability Same As Employers' Liability WCJA Administmtion Instruction #4709.2 INSCKLST GENERAL LIABILITY As a minimum, the required general liability coverage will include: · Premises Operations · Blanket Contractual · Expanded Definition Of Property Damage Required Limits: GL1 x GL2 GL3 GL4 Required Endorsement: GLXCU GLLIQ GLS . Products and Completed Operations Personal Injury . $100,000 per Person; $300,000 per Occurrence $50,000 Property Damage or $300,000 Combined Single Limit $250,000 per Person; $500,000 per Occurrence $50,000 Property Damage or $500,000 Combined Single Limit $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit $5,000,000 Combined Single Limit Underground, Explosion and collapse (XCU) Liquor Liability Security Services All endorsements are required to have the same limits as the basic policy Administration Instruction #4709.2 INSCKLST VEmCLE LIABILITY As a minimum, coverage should extend to liability for: · Owned; Non-owned; and hired Vehicles Required Limits: VL1 x $50,000 per Person; $100,000 per Occurrence $25,000 Property Damage or $100,000 Combined Single Limit VL2 $100,000 per Person; $300,000 per Occurrence $ 50,000 Property Damage or $300,000 Combined Single Limit VL3 $500,000 per Person; $1,000,000 per Occurrence $100,000 Property Damage or $1,000,000 Combined Single Limit VL4 $5,000,000 Combined Single Limit MISCELLANEOUS COVERAGES BRI Builders' Limits equal to the Risk completcd project MVC Motor Truck Limits equal to the maximum Cargo valuc of anyone shipment PROI Professional $ 250,000 per Occurrence/$ 500,000 Agg. PR02 Liability $ 500,000 per Occurrence/$l ,000,000 Agg. PR03 $1,000,000 per Occurrence/$2,000,000 Agg. POLl Pollution $ 500,000 per Occurrcnce/$ 1,000,000 Agg. POL2 Liability $1,000,000 per Occurrence/$ 2,000,000 Agg POL3 $5,000.000 pcr Occurrcllce/$I 0,000,000 Agg EDI -- Employee $ 10,000 ED2 Dishonesty $100,000 GKI Garage $ 300.000 ($ 25,000 per Veh) GK2 Keepers $ 500,000 ($100,000 pcr Vch) GK3 $1,000,000 ($250,000 per Veh) AdminiSlrdtion Instruction #4709.2 INSCKLST MEDl Medical $ 250,000/$ 750,000 Agg. MED2 Professional $ 500,000/$ 1,000,000 Agg. MED3 $1,000,000/$3,000,000 Agg. MED4 $5,000,000/$10,000,000 Agg. IF Installation Maximum value of Equipment Floater Installed VLPI Hazardous $ 300,000 (Requires MCS-90) VLP2 Cargo $ 500,000 (Requires MCS-90) VLP3 Transporter $1,000,000 (Requires MCS-90) BLL Bailee Liability Maximum Value of Property HKLI Hangarkeepers $ 300,000 HKL2 Liability $ 500,000 HKL3 $ 1,000,000 AIRI Aircraft $ 1,000,000 AIR2 Liability $ 5,000,000 AIR3 $50,000,000 AEOJ Architects Errors $ 250,000 pcr Occurrencc/$ 500,000 Agg. AE02 -- & Omissions $ 500,000 pcr Occurrencc/$J,ooO,OOO Agg. AE03 $ J ,000,000 per Occurrence/$3,000,000 Agg. EOl Engineers Errors $ 250,000 pcr Occurrencc/$ 500,000 Agg. E02 & Omissions $ 500,000 per Occurrcnce/$I,OOO,OOO Agg. E03 $1,000,000 per Occurrcnce/$3,000,000 Agg. Administration Instruction #4709.2 INSCKLST mSURANCEAGENTSSTATEMENT I have reviewed the above requirements with the bidder named below. The following deductibles apply to the corresponding policy. POLICY DEDUCTffiLES Liability policies are Occurrence Claims Made Insurance Agency Signature BIDDERS STATEMENT 1 understand the insurance that will be mandatory if awarded the contract and will comply in full with all the requirements. Bidder Signature AdminiSlrdtion Instruction #4709.2 INSCKLST GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Beach Cleaning, Maintenance & Beautification Higgs Beach, little Duck Key Beach, & Harry Harris Beach BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: · Premises Operations · Products and Completed Operations · Blanket Contractual Liability · Personal Injury Liability · Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form policy is preferred. If coverage is 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 be reported should extend for a minimum of twelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction #4709.2 GLl WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT: Beach Cleaning, Maintenance & Beautification Higgs Beach, little Duck Key Beach, & Harry Harris Beach BETWEEN MONROE COUNTY, FLORIDA AND Prior to the commencement of work governed by this contract, the Contractor shall obtain Workers' Compensation Insurance with limits sufficient to respond to Florida Statute 440. In addition, the Contractor shall obtain Employers' Liability Insurance with limits of not less than: $100,000 Bodily Injury by Accident $500,000 Bodily Injury by Disease, policy limits $100,000 Bodily Injury by Disease, each employee Coverage shall be maintained throughout the entire term of the contract. Coverage shall be provided by a company or companies authorized to transact business in the State of Florida and the company or companies must maintain a minimum rating of A-VI, as assigned by the A.M. Best Company. If the Contractor has been approved by Florida's Department of Labor, as an authorized self-insurer, the County shall recognize and honor the Contractor's status. The Contractor may be required to submit a Letter of Authorization issued by the Department of Labor and a Certificate of Insurance, providing details on the Contractor's Excess Insurance Program. 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. Administrative Instruction #4709.2 WC1 . 'ft,;, ( I ,. ~ VEHICLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT: Beach Cleaning, Maintenance & Beautification Higgs Beach, little Duck Key Beach, & Harry Harris Beach BETWEEN MONROE COUNTY, FLORIDA AND Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: · Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. Administrative Instruction #4709.2 VL1 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACT ADMINISTRATION MANUAL WAIVER OF INSURANCE REQUIREMENTS There will be times when it will be necessary, or in the best interest of the County, to deviate from the standard insurance requirements specified within this manual. Recognizing this potential, and acting on the advice of the County Attorney, the Board of County Commissioners has granted authorization to Risk Management to waive and modify various insurance provisions. Specifically excfuded from this authorization is the right to waive: · The County as being named as an Additional Insured-If a letter from the Insurance Company (not the Agent) is presented, stating that they are unable or unwilling to name the County as an Additional Insured, Risk Management has been granted the authority to waive this provision. and · The Indemnification and Hold Hannless provisions Waivina of insurance provisions could expose the County to economic loss. For this reason, every attempt should be made to obtain the standard insurance requirements. If a waiver or a modification is desired, a Request for Waiver of Insurance Requirements form should be completed and submitted for consideration with the proposal. After consideration by Risk Management and if approved, the form will be retumed, to the County Attomey who will submit the Waiver with the other contract documents for execution by the Clerk of the Courts. Should Risk Management deny the Waiver Request, the other party may file an appeal with the County Administrator or the Board of County Commissioners, who retains the final decision-making authority. Administrative Instruction #4709.3 1996 Edition MONROE COUNTY, FLORIDA Request For Waiver of Insurance Requirements It is requested that the insurance requirements, as specified in the County's Schedule of Insurance Requirements, be waived or modified on the following contract: Contractor: Contract for: Address of Contractor: Phone: Scope of Work: Reason for Waiver: Policies Waiver will apply to: Signature of Contractor: Approved Not Approved Risk Management: Date: County Administrator appeal: Approved Not Approved Date: Board of County Commissioners appeal: Approved Not Approved Meeting Date: Administrative Instruction #4709.3 \ ',' .' .'<5}' ~'1'ICLE IVlfPRorncri:oNOp.'s Sec. IS-S1. DefinltloM:" ,., (a) A4iacent waters tneans waters abutting a nesting area and extending three hundred (300) feet to either side of it, and out to either three hundred (300) yards offshore or the limits of the property line, whichever is further. . (b) Arti/ieiallight or arti/ieiallighting means the light ema- nating from any man-made or man-controlled device. (e) Beach means the zone of unconsolidated material that ex- tends landward from the mean low-water line to the place where there is a marked change in material or physiographic form, or to the line of permanent vegetation, usually the effective limit of storm waves. (d) Bug type bulb means any yellow colored incandescent light bulb that is marketed as being specifically treated in such a way so as to reduce the attraction of bugs to the light. (e) Cumulatively illuminated means illuminated by numerous artificial light Sources that as a group illuminate any Portion of the beach. (0 Daylight hours means the locally effective time period be- tween sunrise and sunset. 1'\' \, ... (.. ..\n~ ,',.'". ....\'( '.\.:~. t l'.f , . " .' '; \, , '. . l'f I (- (g) Hatchling means any species of marine turtle, within or outside of a nest, that has recently hatched from an egg. (h) Indireclly illuminated means illuminated as a result of the glowing e1ementls). lamp(s), globe(s), or reflector(s) of an artificial light source, which Source is not directly visible to an observer on the beach. (i) Junsdictumal boundaries, sca turtle protection, 01,.""" t1w ~n(>a on contir;llOUS land within thre.f' hundred (300) feet of an identlfle'd or potential nesting area - - ---..-.--.---....- .., 'Ed"o.'s 00', A"",le lV, "C"...ym" Coon-"I"d Pistols," ~~ Ll Gl n'lo. d",.v"d rnnn n'd No L2 1977. ~~ I 10, WHS repenhl by Ord. No. ] 0 I 'ln, ~ 1. 'L' SllJle1wded by FS. eh 7~H). Subsequenlly, a new art, TV was added by Ord No 81994.9~ I '7 Slate low refneo"e" - How Ii""ose procun-d. F S ~ 790.06; lawful ownersh.p. PossPSSlon and liSP of fln~llnns and other weapons. F S ~ 790.25 SuPP No 5:l (j) Mechanical beach cleaning means any mechanical means by which debris, including but not restricted to trash, litter, seaweed or seagrass wrack. is removed from the beach. (k) Nest means the area in and around a place in which sea turtle eggs are naturally deposited or relocated beneath the sed. iments of the beach. (1) Nesting area means both identified nesting areas and paten. tial nesting areas. (m) Nesting area, identified means any area where sea turtles have been or are currently nesting, and the adjacent beach or other intertidal areas used for access by the turtle. (n) Nesting area, potential means any area where sea turtle . crawls have been observed that has suitable substrate for digging a nest which is accessible to the sea turtle. (0) Nesting season means the period from April 15 through Oc- tober 31 of each year. (p) Permitted agent of the state means any qualified individual, group or organization possessing a permit from the department of environmental protection to conduct activities related to sea turtle protection and conservation. (q) Sea turlle(s) means any specimen belonging to the species Corella cnretla (loggerhead turtle), Chelonia mydas (green turtle), Dermochelys coriacea (leatherback turtle), Eretmochelys imbri- cata (hawksbiIl turtle) or any other marine turtle using Monroe Cou n ty beaches as a nesting habitat. (r) Suitable substrate means unconsolidated sediments at least one (1) foot in depth. (s) TlTlt('d glass means any glass treated to achieve an indust.ry apprnvpd, inside-t.o-outside lIght transmittance value of forty-five (1:)) percent or less. Such transmittance is measured as t.he rwr c('nLlJ~(' of visibl(, light t.hat is transmitted throtl{.;h t.he glass (( h-d N n H- 1 994, S 1) See. I :1-{)2. Prohibition of activities disruptive to sea tUr- tles. (a) ProhibltlOn of Horsd)(u-k Riding, Campfires, a1ld VelHCU/OT ( Trollic Horseback riding and carnpfires shall be prohibit.ed on ,I.C, ,.~ : \ ,"hl ""Y ';\:'1\ ., ,.~~,\.,. ,.,. .. ,,"'~..~."- . ..1 ". . '-:.:'1. .~. . · · "~~~~::-:': ;,;~V):",.~~t ,":' ;:;,,1,:~;.'l ~,' " - :"','\ . . , t' '; . , SUpp No 53 C'""' . '.' ",:" .~~ . .... ~ I ~~~~. .' \~."l) . \'1' I, 1,1. \.\, . '..'1 \. :",\0(.. \ .~. ; "\':}' , . ~ .; ~ ,,' ': \. , . '. , . . " I -.- .-------'~vu~.t'~OYJSIONS;~~., .'~3 :,' ""'~'. ';1'.' ' . '. .,.~.. ".'~~l, .:..'.' '.. .*~..~.:.... ('.T.".!~"L '~~'.'.. .~.,.., ',," ,. "t.., . x...:,.~, . "'1 ., 1" "-' ;t, /" ~..... .," '''.' 1". , ..,.... . ',.. .' ""'? li<'" 'h nesting areas dUrin~t 'i'nesting oeason.Yeh1ciiIar traffic ~l1~h ". ". . also be prohibited on nesting areas during the nesting season except for emergency and law enforcement vehicles, vehicles per. mitted on the beach for marine turtle conservation or' research, or vehicles used for beach cleaning in compliance with section 13.65. (b) Prohibiting Storage or Placement of any Material in the Nesting Area. The storage or placement of any material Such as but not limited to construction material, rip-rap, trash and debris, mulch or landscaping material, ml, vehicles, or boats, that has potential to impede movement of hatchlings or adults between ocean and nesting areas, or that may COver existing nests or nesting sites is strictly prohibited. (Ord. No. 8-1994, ~ 2) ( Sec. 13.63. Standards for exterior artificial lighting. To prevent exterior artificial lighting from illuminating the juriSdictional boundaries or adjacent waters dUring the nesting season, the follOwing measures shall be taken to reduce or elim. inate the negative effects of existing exterior artificial light: (a) Existing exterior artificial light fixtures within direct line. of-sight of the beach shall be designed, positioned, modi- fied, or removed so that: (1) The point source of light or any reflective surface of the light fIXture is not directly visible from the beach. (2) The area within the jUrisdictional boundaries is not directly or indirectly illuminated. (3) The area within the jurisdictional boundaries is nol cumulatively illuminated. (hI Measures such as but not limlt.ed to lbe followulJ"""dl ,'" taken to reduce or eliminate the negative efl(,cts of eXIstll)g artificial beachfront. lighting lbrough appropnat" d"slgn (I I 1'0SitJollIng of fixlures so lbat lbe pOlnl SOUIT" 0[" Ilgbt or any reOective surface of the light fixture is (dimi- nated or is no longer visible from the beach. (2) Replacpn1Pnt. of fixtures having an exposed lIght Source with fixtures containing recessed light sources or shields SuPp. No. 53 , '."t, ',: ,.\\,'i~~ '. 1\' " ,\,~, ;\::\ ~V~'U\Ut; WUNTY CODE !-" ..,j..",: " , . , . ,I. " .": . ~ " (3) ReplaCE!kent of traditional light bulbs with yellow bug type bulbs not exceeding fifty (50) watts or low-pressure sodium vapor lamps. (4) Replacement of nondirectional fIXtures with completely shielded directional fIXtures that point down and away from the beach. (5) Replacement of fIXtures having transparent or trans- lucent coverings with fIXtures having opaque shields covering an arch of at least one hundred eighty (l80) degrees and extending an appropriate distance below the bottom edge of the fIXture on the seaward side so that the light source or any reflective surface of the light fIXture is not visible from the beach. (S) Replacement of pole lamps with low-profile, low-level luminaries no higher than forty-eight (48) inches off the ground such as low-mounted wall fIXtures, low bol- lards, and ground-level fIXtures, so that the light source or any _~ef1ective surface of the light fIXture is not vis- ible from the beach. (7) Replacement of incandescent, fluorescent, and high- intensity lighting with the lowest wattage low-pressure sodium vapor lighting possible for the specific applica- tion. (8) Planting or improvement of landscape vegetative buffers in compliance with the land development reg- ulations (chapter 9.5) between the light source and the beach to screen light from the beach. (~J) Construction of ground level barriers in compliance with the land development regulations (chapter 9.5) to shield light Sources from the beach. (IO) Limitation of exterior lights used expressly for safety or security purposes. (1 1) Permanent reIlloval of all noodlights, uphghts, or spot- lights used for d(lcorative or accent pu rposes (1 ~~) Permanent removal or dIsabling or any fIxture which cannot be brought into compli;:lnce with the provisions of theses standards. (1 :3) Shielding or modification of any existing lighted sign pursuant to the land development ref:,Tlllations (chapter 9.5) such that it. is not directly visible from the beach, ((}rd No 8-1994, ~ ~3) \ " '" Supp No fJ:3 .~. l ( ~~\, ,; ,,\' ::" ., I I' " ' " .,..',' ,,'~~ '; ,:.1 '.} . . . ; " , . .' '.... '''', .,"I~~~m~_ '. '!'OFFENSES llm'MrSOEIlANF:ouSiROVIStONS"';'f~~ Sec. 13.64. Standariis for interior art{ficl~ lighting, (, \ To prevent interior nrtificiallighting from illuminating the jurisdictional boundaries or adjacent waters during the nesting season, measures such as but not limited to the following shall be taken to reduce or eliminate the negative effects of interior light emanating from doors and windows within line-of-sight of the beach: (a) Use of window treatments such as blackout draperies, shade-screens or blinds to shield interior lights from the beach. (b) Application of window tint or fUm that meets the stan. dards for tinted glass. (c) Turning off all unnecessary interior lights. (d) Arrangement of lamps and other moveable light ftxtures away from windows. (Ord. No. 8-1994, ~ 4) Sec. 13-65. Standards for mechanical beach cleaning. All mechanical beach cleaning activities designed to remove debris from the beach or redistribute debris on the beach through the use of motorized vehicles or other mechanical means shall comply with the follOwing standards: (a) Timing: Beach cleaning shall be conftned to daylight hours during the nesting season. (b) Mode of operations' Dunng the nesting season (Api'll ] 5 Uno\]gh October 31): (] I Heaeh deaninF; OperaLlons shall be limIted tu the area S(~award of the strand hne (previous high tld<: mark). ILl Light weight motorl1pd vehicles having WIde, low. profile, low-pressure tJres, or hand raking shall he used t.o conduct beach cleaning operations. I:J) DeVices used for removing debris from the b('ach shall be designed and/or operated such that they do not pen- etrate beach substrate by more than two (2) inches. Stipp No. 53 'J', ..~.~-;,:.~.,'.."., ,.~ . rl~,%'ljl' ''''''.MONR9~",I,!,~~r ,CODE, .,. ) fw.{ . ., "/", I, ,1."."" "" ~ . .10(. .i '. '" 'tl~""",J,i'-'~ (4) OperaUirs shall be "tlcate'd to identify a sea turtle'; .,.. crawl (turtle tracks), recognize and avoid a sea turtle nest, and report nests and/or crawls toa permitted agent of the state. (cl Coordination of beach cleaning operations with state. sanctioned scientific studies. All beach cleaning operations shall be coordinated through the state to ensure that these operations do not interfere with state-sanctioned scientific studies or surveys of sea turtle nesting activities. (Ord. No. 8-1994, ~ 5) H"\ -;};"- , .. ~ ..' .' \"', ~:'i\ ' ". ,~ . ,~, :\::~. . " _ -,. ..,'" o 0 Sec. 13-66. Protection from predation. (al No predatory pets or pets likely to have a potential for being disruptive or damaging to nesting turtles, hatehlings, or nests shall be allowed to roam loose and unsupervised within the ju. risdicticrnal boundaries during the nesting season. Such pets in- clude but are not limited to dogs, cats, snakes, lizards or iguanas, ferrets and pigs. (b) Feeding of raccoons, opossums and other wild animals within the juriSdictional boundaries is prohibited. (Ord. No. 8-1994, ~ 6) Sec. 13-67. Penalty. Violations of this article may be prosecuted in the same manner as misdemeanors are prosecuted. In such cases, the violations shall be prosecuted in the name of the state in a court having ju risdiction over misdemeanors by the prosecuting attorney thereof and upon conviction shall be punished by a fine not to exceed five hundred dollars ($50000) or by imprisonment in the county jail nof fo exceed sixty (nO) days or by both such fille and imprison 1ll<'1l1 VlOlallons may also be prosecuted through proceedings be (ole fh" Monroe Counfy Code Enforcement Board, or pursuant fa chapkl 76.4 :35, Laws o( Florida IApp A, art. V, dlV. :31, or through any other lawfully avadahle means including civil and injunctive re II" f Not wi thstandi n!{ the provisions of th is section 13.67, no prosecutions for violations of this section nor code enforcement proceeding may be brought prior to one (1) year from the effective date of this article. (Ord No. 8-1994, ~ 7) Supp No 53 c BID FORM BID TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS C/O PURCHASmG DEPARTMENT PUBLIC SERVICE BUILDING, ROOM 002 5100 COLLEGE ROAD, STOCK ISLAND KEY WEST, FLORIDA 33040 BID FROM: KD'ob\es ;SAfe \Wb)( <<\)(\-nf, EflJ-: ) ~. -:po 'Cox 2-2-C8 V-e.y lJ. Y=--, -t) ~L . ~?D4S The undersigned, having carefully examined the work, specifications, proposal, and addenda thereto and other Contract Documents for the services of: BEACH CLEANING, MAINTENANCE, AND BEAUTIFICATION, AT mGGS BEACH, LITTLE DUCK KEY BEACH, AND HARRY HARRIS BEACH. And having become familiar with all local conditions including labor affecting the cost thereof, and having familiarized himself with material availability, Federal, State, and Local laws, ordinances, rules and regulations affecting performance of the work, does hereby propose to furnish labor, mechanics, tools, material, equipment, transportation services, and all incidentals necessary to perform and complete said work in a workman-like manner, in conformance with said drawings, specifications, and other contract documents including addenda issued thereto. Higgs Beach Annual Bid as per Specifications (assuming Erosion Control Option A): $ L~~ (oW, ()C Dollar Amount IhltWf- nIne ihIJt/.9Ynd,lIi hUfJdred do/lar6 OfJd dfO (:enfs, Words Little Duck Key Beach Annual Bid as per Specifications (assuming Erosion Control Option A): ~n --ft7Dll/Xlnrl -fj7f(?~ hundrPd, :s/x1-if~~U( c~rd :zerO Words cerlfs. $ /5.\ 3&>4 . 00 Dohar Amount 2 Harry Harris Beach Annual Bid as per Specifications (assuming Erosion Control Option A): Ejt+r.et1 mucrnf (pffJ7 hl!fJ.rlrw b"A/enfeen /J/Jd sJB) 1/1. +0 rz:h-l cents. Word .Dollar Amount I have included page 2 through 6 of the Bid Proposal which entails the Proposal ~rm /, the Non- Collusion Affidavit ~ and the Lobbying and Conflict of Interest Clause ~ and the Drug Free Workplace Form ~, In addition, I have included copy of Contractor's License / and the bid bond /, (Check mark items above. as a reminder that they are included.) Mailing Address: ~'ob\6 ~,l? \~()J\-Dy m(l'{\.Ylr:. ~ bC))( 27~ " ~~ ~ fl' . - __~ Witness: Telephone:,~ '~4::lJZ4-- Fax:3)=) ,ALl -cAlo3 Date: 8,JZ-'3)2lX) J- Signed: (Seal) ~ODe( -\- F .\<I'Ckll-.\efc\-\- jth)<; I dfY1:t: (Name and Title) ~tJ~ f Ff2- )'(J/V ~l C<..; / NOL;",L..J fo In ~ .. #",,1'~ CARLl. NETTLES . .~ ~A' MY COMMISSION # CC 717780 '/('Ofl\.'I;~ EXPIRES: May 18,2002 l..eoo.3-NOTARY Ae. Notary SeP.lice & Bonding Co. 3 NON-COLLUSION AFFIDAVIT I, of the city of law on my oath, and under penalty of perjury, depose and say that: I. lam ~D~-\- E, \)ec~ra+ J W~irlen+- I ofthefinnof ~")m\eS ~... ~(tor (Ybr-Ine.. according to the bidder making the Proposal for the project described in the Notice for Calling for bids for: ~ \<1Cl cC~ ,b.b lr '?- 14>~ +- \"0 (I ~ WI (II c., f'.:B1C h CItn n j G and that I executed the said proposal with full authority t do so: 2. the prices in this bid have been arrived at independently without collusion, consultation, communication or agreement for the purpose of restricting competition, as to any matter relating to such prices with any other bidder or with any competitor; 3, unless otherwise required by law, the prices which have been quoted in this bid have not been knowingly disclosed by the bidder and will not knowingly be disclosed by the bidder prior to bid opening, directly or indirectly, to any other bidder or to any competitor; and 4. no attempt has been made or will be made b the bidder to induce any other person, partnership or corporation to submit, or not to submit, a bid for the purpose of restricting competition; 5. the statements contained in this affidavit are true and correct, and made with full knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. ~:'dn?J2J 4 ~aJ3/;(1))ml STATE OF: ~LoR\OA --- rY\ 0 ~ \2.[) t:::-. COUNTY OF: PERSONALLY APPEARED BEFORE ME, the undersigned authority, who, after first being sworn by me~/ of indiyidual signing) affixed his/her signature in the space provided above on this .2. q .,;.1 day of J '---':; ~ 20 d f. N&dfJ~:_ (- - I? - 0 ~ My Commission Expires: 2 ~"'u~ CARL j, NETTIES ~ MY COMMISSION # CC 717780 ~~.'" ~~Oft\.f;~ EXPIRES: May 18, 2002 1-llOQ.3-NOTARY FIB. Not8Iy Sel'\'iC8 & Bonding Co. 4 SWORN STATEMENT UNDER ORDINANCE NO. 10-1990 MONROE COUNTY. FLORIDA ETIllCS CLAUSE ~fp/f r;-< !?frbJfrdf warrants that he/it has not employed, retained or otherwise had act on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or purchase price, or otherwise recover, the full amount of any fee, conunission, percentage, gift, or consideration paid to the former County officer or employee. W<L\~. (signatUre) Date e );;0 /;? rxJ J STATE OF FLDK/I)q, COUNTY OF m Df~Pl) FS PERSONALLY APPEARED BEFORE ME, the undersigned authority, Hht -I- (;;. KPrlu){J (d f who, after first being sworn by me, affixed his/her signature (name of individual signing) in the space provided above on this ;;{7+-h day of (}uQUf3t ,20DL. 8~@:J~~ ~~YI'iI~ CARLl. NETI1ES :~~ MY COMMISSION # CC 717780 "'~OFt\CI" EXPIRES: May 18, 2002 1..sro.3-NCITAQY Fl, \\k;t" ': ~~';vice & Bonding Co. ..~,._s~,,_ ~,-",' '-~*'Ui-""'.J"'''';;''''''''''''~._ol~. My conunission expires: ) - / g: - 0 ~ OMB - MCP FORM #4 5 DRUG-FREE WORKPLACE FORM The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that: gnbhlrS fl1j; lIoftn! fl7() f//lf' lhr, Jh:! . (Name 0 Business) / , I. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2, Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistarice programs, and the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under bid a copy of the statement specified in subsection (1). 4, In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under bid, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 (Florida Statutes) or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or reqUire the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available in the employee's community, or any employee who is so convicted. 6. Make a good faith effort to continue to maintain a drug-free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ~J~.\~ Bidder's Signature ? () j /1 ~Da':, r1J;l1 klQO / ~Yj/vJ;/l / / /1 F/C ~aft-/A/( L..J /r /V CI ulN t-G )11 E, ~"'o~ CARLl. NETTLES :~~ MY COMMISSION # CC 717780 "'~on\C>" EXI'IRES: May 18, 2002 1-8CJO.3-NOT ARY Ra Notary SeMce & Bonding Co. OMB - MCP#5 6 FACILITIES OR MACHINES TYPE OF BUSINESS BUSINESS ADDRESS NAME MAILING ADDRESS [1 2001-200; MQNRPf OCCUPAtiONAL TAX STATE OF FLORIDA ACCOUNT EXPIRES . 47161-00816121 / SEPT. 30, 2002 I ROOMS SEATS EMPLOYEES 0-5 MUST BE DISPLAXED IN CONSPICUOUS PLACE THIS BECOMES A TAX DANISE D. HENRIQUEZ TAX COLLECTOR RECEIPT WHEN VALIDATED PO BOX 1129, KEY WEST FL 33041-1129 41161 BEACH CLEANING END OF SHRIMP RD 00 - COUNTY OF MONROE ROBBIES SAFE HARBOR MARIN ENT INC RECKWERDT ROBERT E POBOX 2208 KEY WEST F L 33045 0000000000 0000002200 0000471610081612 1001 7 SUPPLEMENTAL RENEWAL NEW TAX TRANSFER ORIGINAL TAX 22.00 AMOUNT PENALTY ~ COLLECTION COST ~ -t8 ~ !is ~ -l s::- TOTAL ...... itS -t Bl ~ ~ C. "1"T1~ ..... . ~OO ~~J:;;p j::::3 c::....... ~ . b~~Q,~;;F; 8 (.....0..... ~ ;6 ~ I THIS IS ONLY A TAX. YOU MUS MEET ALL COUNTY PLANNINI AND ZONING REQUIREMENTS. \ ,... . \ -- ,.. ,.. ' 1'1 1 . , . -'-'" '., '",:1,'." j ".: ',; .:': ~ ~ J ~ 'J,', THE AMERICAN INSTITUTE OF ARCHITECTS I \ \ AlA Document ^310 Bid Bond KNOW ALL MEN BY THESE PRESENTS, that we Robbie' s Safe 'Harbor:Marine lHer, lI\lerl f~1I nlm, lnd lddtt" 0' I"ll-lill, oIConUIClO') at End of Shr.imp Road. Stock Island, FL 33040 as Principal, hereinafter called the Principal, and Western Surety Company. 2600 N ~ Central, (Her, inserl '~II nlm, lna lddttu 0' I,,", lill, 01 S~ttty) Suite 400, Phoenix, AZ 85004 a corporation duly organized under the laws of the State of South Dakota . . as Surety, hereinafter called the Surety, are held and firmly bound unto Monroe County 5100 College Road, Key Wes t. FL 33040 (He" Inserl '~II nlm, .nd .ddttu 0' Ic,"llill, of Owner) as Obligee, hereinafter called the Obligee, in the sum of 57. of bid amount Dollars ($/51.,..oLbid ), for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns; jointly and severally, firmly by these presents. WHEREAS the Principal has submitted a bid for " , , ' . (He" inserl '~II n.m" .ddreu .nd dcscnpllon 01 P'O,tcll .Professional Beach Cleaning, Maintenance & Beautification' . of Higgs Beach, Little 'D.uck Key Beach, & Harry Harris Beach ' Monroe County, Key West, florida .... NOW, THEREfORE, if the Obligee shill Icceptthe bid of the Princip.lI.nd the PrincipII sh.llenter'intol Contr.ct with the Obligee in Iccordlnce with the terms of such bid, .nd give such bond or bonds .s m.y be specified in the bidding or Contrlct Documents with good .nd sufficient surely for the flithful perform.nce of such 'Contrlct and for the prompt plyment of llbor and mlredll furnished in the prosecutiop thereof, or in the event of the f.iJure of the Princip.1 to enter such ContnCl and give such bond or bonds, if the Principal shall PlY to the Obligee the difference not to exceed the penally hereof between the Imount specified in said bid and such luger amount for which the Obligee may.in good (.ith,contract with another puty to perform the Wo,k covered by Slid bid, then this oblig.tion sh.1I be null Ind void, otherwise to remain in full force .nd effect. Signed and sealed this 21st day of ~ Safe Harbor ) (Principll) l ffl69DSiJ/ (TiLle) (Sell) ~/AS (WilneB) ~/~,~ (WlCneu) WestenI (Seal) AlA DOCUMENT AJ10 . BID BONO. AlA ~ . FEBRUARY 1970 EO . THE AMERICAN INSTITUTE Of ARCHITECTS, 17JS N,Y, AVE., N.W., WASHINGTON, O. C. 20006 1 * Pnmed on Recycled Paper 9/93 Western Surety Company POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT Know All Men By These Presents, That WESTERN SURETY COMPANY. a Soulh OakOLa corporation, is a duly organized and existing corporation having,its principal office in the City of Sioux Falls. and SLate of Soulh DakOLa, and that it docs by virtue of the signature and seal herein affixed hereby make, constitute and appOInt Dave Paloma, Michael Mau, Brenda Opel, Individually of Phoenix, AZ, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf bonds, undenakings and other obligatory instruments of similar nature - In Unlimited Amounts- and to bind it thereby as fully and to the same extent as ifsuch instruments were signed by a duly authorized officer of the corporation and all the acts of said Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed, This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by the shareholders of the corporation. In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Executive Vice President and its corporate seal to be hereto affixed on this 16th day of July, 200 I. WESTERN SURETY COMPANY ~-r~ Stephen T. Pate, Executive Vice President State of South Dakota County of Minnehaha } ss On this 16th day of July, 2001, before me personally came Stephen T. Pate, to me known, who, being by me duly sworn, did depose and say: that he resides in the City of Sioux Falls, State of South Dakota; that he is the- Executive Vice President of WESTERN SURETY COMP'ANY desciibed in and which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate scalj 'that it was so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and acknowledges same to be the act and deed of said corporation, My commission expires October 22, 2005 .....~........................-.~,".. ~+ J J, ~OHR j J~NOTARY PUBLIC ~f r~SOUTH DAKOTA~r $ My COfnGuu.iOft EIpire, 10.22.2006 j +"-...............~.............~........+ {j /'lJ ~t ~ry "hi" CERTIFICATE I, L. Nelson, ASSistant Secretary of WESTERN SURETY COMPANY do hereby cenify that the Power of Attorney hereinabove set fonh is still in force, and funher cenify Ihat lhe By-Law of Ihe corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed my name and affixed the seal of th~ said corporation this 21 s t day of Augus t 2001 WE S T ERN SUR E T Y CO M PAN Y Form F4280.Q4.01 Cf ~~"~S~"Wy ROBBIE.S MARINA POB 2208 Key West Florida 33045 PH: 305-294-1124 FX: 305-294-0963 robbiekw@aol.com August 28, 2001 Director of Purchasing 5100 College Road Public Service Building Stock Island, KW, Florida. 33040 (Fax) 305-292-4515 ATrEN: Monroe County Commissioners Ref: Beach Cleaning (lliggs, L.Duck Key, & Harry Harris) Higgs Beach: L. Duck Key: Harry Harris: t\Q.S: Robbie's Safe Harbor Marine Enterprises, Inc. would also like to submit this letter stating that if awarded this bid, we will take our newly purchased Beachtech 3000 once a month at no charge to each of the beaches above and do a thorough cleaning. We purchased this machine to clean Smathers and Rest beach for the City of Key West. The Beachtech 3000 was required by the City of Key West in order to be awarded the beach maintenance contract. It is an exceptional machine that is used in Fort. Lauderdale and Hollywood to make the beach cleaning process more efficient and quicker. This offer is an added incentive to make the beaches up and down the Keys remain clean and beautiful to all. If there are any other questions please feel free to contact us at anytime! $39,600 per year $15,364.00 per year $18,717.40 per year Sincerely, " ~~~-J:64 Robbie's Safr~ Marine Robert E. Reckwerdt (President) @ Kassbohrer Gelandefahrzeug AG Fahr/cugll'chnik Wr Umwdlpflcgc, NallJr lint! Frci7l'i! Technical Specification KASSBOHRER BEACH TECH 3000 Beach Cleaning Vehicle ~ll'j::: 7$M~;' mA Chassis: · towed vehicle (single axle) · drawbar hook-up · main frame and all steel parts made of high-tensile steel · skip and collecting hopper made from aluminum · all chassis and body components hot-galvanized Tractor recommendations: . 4-wheel-drive with differential lock tires: 500 mm front, 600 mm back (sand tires) pintal hitch height adjustable to 40 inches above ground with coupling to attach to drawbar eye (0 40 mm) minimum power output: 59 kW / 80 HP power take-off speed: 1000 rpm drawbar nose weight: 3300 Ibs electrical circuit: 12 V . . . . . . Brake: · BPW overrun brake with automatic release when reversing Paintwork: · 2-component acrylic paint, RAL 5018 and RAL 6027 (salt water proof) over 2-component E. P. undercoating Hydraulics: · hydraulic drive, independent of tractor, including tank with axial-piston pump and add-on tandem gear-type pump for hydraulically driven pick-up on screening units 1 and 2 and supply to hydraulic cylinders. · the oil temperature is thermostatically controlled by an oil-cooler with fan · alarm system in case of wrong use of hydraulics · high pressure relief valves for hydraulic emergency stop (damage protection) Pick-up (Rotary rake): · speed adjustable from 0-370 rpm 56 individually replaceable carbon steel spring tines " @ Kassbohrer Gelandefahrzeug AG Fahw'U!!Il't'hnil fUr Umwcltpncgc. Nalur und Freil(~il CleaninQ techniQues: By adjusting the pick-up shafts, the following continuously variable cleaning techniques are possible: . raking . screening · combined raking and screening ScreeninQ unit 1: · optimal separation of sand and refuse by 3 vibrating eccentric roller shafts · screening belts available in mesh widths of 25, 30 and 40 mm · rubberized roller shafts, eccentric shafts and drive shafts for quiet and smoother running and less wear and tear of the screening belts Screeninq unit 2: · rubberized roller shafts, drive shafts and tension rollers for quiet and smoother running and less wear and tear of the screening belts · screening unit 2 is installed lower than screening unit 1. Refuse and sand fall from screening unit 1 onto screening unit 2. Thus refuse is once more separated from the sand by centrifugal action, · the screening belt is automatically tensioned by tension rollers Finisher: · Finisher made from polyethylene for structuring and aerating the beach surface · adjustable ground pressure to eliminate tire ruts Operation: The beach cleaning vehicle is operated by remote control from the driver's seat of the tractor (one-man operation). The following functions are available: · tipping the collecting hopper into the skip · tipping the skip · depth adjustment of screening unit 1 adjusting the pick-up rollers to raking-combined-screening technique adjusting the speed of the rotary rake from 0 to 370 rpm The exact depth setting of the screening unit is displayed on the remote control. Optional eQuipment: · lateral wind protection for screening units 1 and 2 · low-pressure wide tires, 500 mm (5,5 PSI ground pressure) · pick-up depth regulation via sensor wheels (hydraulically adjustable) · monitoring of the beach cleaning vehicle on a video screen in the tractor cab; monitoring screening unit 1 or the collecting hopper. · Change-over from spring tines to bristles on the pick-up shaft for pebble beaches or picking up leaves. @ Kassbohrer Gelandefahrzeug AG Fahrzeuglechnik fUr Umweltpnege, Nalur und Frein'it Data sheet Total vehicle length 22' 8" Length with collecting hopper raised 18' 8" Vehicle width (standard tires) 8' 2" Vehicle width (500 mm wide tires) 8' 11" Vehicle width with sensor wheels for Pick-up depth regulation 10' 3" Vehicle height (standard) 7' 7" Vehicle height with collecting hopper raised 13' 1" Shipping weight (standard) 6,620lbs Payload 7,050lbs Gross weight limit 13,6701bs Volume of collecting hopper 1,7 cu. yard Volume of skip 5,3 cu. yard Size of standard tires 16,0/70-20 Size of wide tires 500/55-20 Operating width 7' 11" Max, surface processing capacity approx. 8 acres per hour Max. working speed approx. 12 mph Subject to modifications without prior notification. /' @ Kassbohrer Gelandefahrzeug AG rahr7CU~IC('hnik fUr Umwcllpflegc, Nalur und Freilcil Data sheet (metric\ Total vehicle length 6.920 mm Length with collecting hopper raised 5.700 mm Vehicle width (standard tires) 2.500 mm Vehicle width (wide tires 500 mm) 2.700 mm Vehicle width with sensor wheels for Pick-up depth regulation 3,130 mm Vehicle height (standard) 2,320 mm Vehicle height with collecting hopper raised 4.000 mm Shipping weight (standard) 3.000 kg Payload 3,300 kg Gross weight limit 6.200 kg Volume of collecting hopper 0,5 m3 Volume of skip 4 m3 Size of standard tires 400 mm Size of wide tires 500 mm Operating width 2.500 mm Max. surface processing capacity, approx. 30.000 m2/h Max. working speed 20 km/h Subject to modifications without prior notification. Professional beach-cleaning technology ~~~ - .e..__ ~~1~a~ STR 2000 ~~,-..I>~P,"".""", Clean beaches are a top priority fol- most holiday makers when choosing the place to spend their ideal vacation. But the hard fact is that such dream beaches need regular upkeep. The more popular a beach, the greater the burden it has to cope with. The sea does not swallow up without trace everything that we dump into it day after day. And not all holidaymakers leave the beach in a condition that they would like to find it in the next mornmg. ~r The beach -- your visiting card Top-quality beaches need to be maintained efficiently. Resorts that depend on tourists and whose beach is their mostvalu- 'a~leasset simply cannot afford ",~p,rzQre progressive beach- C4~ifl.g technology. '~?'-"t\.>',:' . 'hj$is where the economical . iiMit Tech' TRJOOO comes in. ....:'~~ach-cleaning vehicle . .#f~y~~tel}fQijliindefahf'<~;;0~4 QmbH satisfies all require- ents, whether technical, ecologi- calor economic. \ , \) ,\ Reliable, tried-and-tested concept :] Drive and control system Any kind of towing vehicle can be used if it has an output at the power take-off of at least 55 k W (70 ECE hp) and a PTO running at a standard 1000 rpm. ...:" The quiet-running, fully hydraulic drive system prevents the damage and power losses that arc typical of mechanical transmissions. A large cool- ing system keeps the hydraulic drive running at optimum temperature. Special ecologically acceptable, alter- native hydraulic fluids can he supplied for the fully hydraulic drive system. ':.1 '.j Working procedure The drive unit actuates the pick-up roller and a very long, vihrating screen- ing belt via two eccentric shafts. Even fine particles of waste arc separated out hy the powerful shaking action, The sand falls through the screen back I," '>....... - Raking technique: for wet and dry sand when con- tamination is largely on the surfacc. for proccssing largc areas rapidly and for rcmoving seaweed. Combined technique: used when sand is dry to moist, predominantly with contamination on the surface or at a shallow depth: low pellet ration 01 pick-up hlack High travel speed. large area 01 heach covered, including when seawL:cd is present. onto the beach, where it belongs. Depending on the coarseness of the sand, various screening belts with suitably graded mesh sizes can be selected, All working processes are monitored and controlled from the operator's seat 'on the towing vehicle, Cleaning techniques The Beach Tech STR 2000 can apply the following techniques: raking (for minimum sand collection), screening or a combination of raking and screen- ing. The raking technique is ideal for clean- ing sand that is wet, or for processing dry sand at high speed when a large area needs to he covered, The screening technique involves removing a layer of dry sand and cleaning it to eliminate even small objects and particles of dirt (such as cigarette stubs). The driver can switch from one clean- ing technique to the other without interruption, in response to the type of beach and the exact nature and extent of the contamination. The f1exihle availabi lit y of the raking, screening and combined techniques makes this vehicle universally useful. It achieves an excellent cleaning out- put, whether on dry or wet sand, on soft or firm surfaces and regardless of the level and nat ure of contamination: sand, shingle. shells or seaweed. Additional sensor wheels can be fitted to the pick-up roller of the Beach Tech STR 2000, to ensure that even highly undulating beaches arc cleaned to a consistent depth. ,\ ". Impressive advantages The large, high-frequency vibrating screen .\'(~p(Jrates contamination and sand. High processing rate With the Beach Tech's working width of 1,700 mm, a maximum processing rate of 17,000 sq. m per hour is pos- sible if the sand is dry (at a cleaning speed of 10 km/h), and even if the substrate is very moist it is possible to clean approx. 8,500 sq, m (at a cleaning speed of 5 km/h). Since the various cleaning techniques can be combined without any need to stop for changeover, the processing rate is boosted still further and fuel consumption reduced. High capacity The skip has a capacit yoI' 1.4 cu, m. With a discharge height of 2.55 mm, it can be emptied directly into a truck or trailer with platform-mounted body. Alternative applications Instead of the customary pick-up drum for collecting contaminated sand, a brush option can be supplied, for The smut falls hack 01110 the heach Rapid discharge din'ct'-v into truck or skip cleaning shingle beaches or even sur- faces which are grassed over. This opens up further prospects for other applications on areas such as parks. sports grounds and similar. Sturdy structure The entire concept is designed and built to withstand high loads in 01'1'- road use, taking particular account of the extreme effect of salt water and high atmospheric humidity. The tricd- and-tested components assure a lengthy operating life, They are galva- nized for maximum corrosion protec- tion and have a two-component acrylic paint finish to protect them against the elements, Guaranteed availability 01' spare parts As an experienced vehicle manufac- turer operating worldwide, Kassbohrcr Gelandefahrzeug GmbH can guaran- tee the availability of spare parts and assure full servicing facilities, . fJtcfc' The modern way~to clean beaches - Beach Tech STR3000 "";~,, ....,' '.....'......'.:.."............. . . ;<', i',.c, ", For environmental protection, nature and leisure Advanced technology designed for use in an increasingly environmentally- conscious world: developed, built and serviced with the full experience of the market leader in off-road vehicles. The three product divisions of Kassbohrcr GeIandefahrzcug GmbH: Beach-cleaning equipment: Beach Tech STR 3000, the large model in the range of beach cleaning vehicles with twin-belt screening technology. With a working width of 2,400 mm and a processing rate of 24,000 sq. m per hour. With 4 cu. m waste capacity in the vehicle's skip. Uses a patented principlc of raking, screening or com- bined opcration. Ski slope and ski trail equipment: The Pistcn Bully, from the equipmcnt program for ski slope, ski trail and landscape maintenancc all the year round: Kassbohrer GeIandefahrzcug GmbH is today the market leadcr in this sector. Off-road transport vehicles: The Flexmobil - a universal transport, task and rescue vehicle that is equally at home on or off thc road. - ..~~, 7JM~" m" Kiissbohrcr Gcliindcf(illrzclIg GmbH Vchic/c Icchn%grffJ/' c/ll'ironmclII prolcclion, /llIllIrc lI/1d rccrealio/l Po. Box /507, /)-81)244 Sl'//{IenIGermllnl' I('/C/)/IOJ/C + +( 41)) 73 07 I) 40-0 /('/cf(/\ ++ (41)) 7307 I) 40-4 40 h II P :III I '1\ 'II: bc{/( Ii -1('( 'II. ('om I/lff) (n) hc{/( 'II-IC( 'h, com ;. "