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04/16/2008 Contract DANNY L. KOLHAGE CLERK OF THE CIRCUIT COURT DATE: May 21,2008 TO: Andrew Trivette, Director Growth Management Division FROM: Mayra Tezanos Executive Assistant Pamela G. Hanr4}v Deputy Clerk 0 ATTN: At the March 19,2008, Board of County Commissioner's, meeting the Board granted approval and authorized execution of a Contract between Monroe County and Bluewater Marine Services, Inc. to provide derelict vessel and marine debris removal services throughout the Keys. At the April 16, 2008 BOCC, meeting the Board granted approval and authorized exectuion of the following: vtontract between Monroe County and Aqua-Terra, Inc. to provide derelict vessel and marine debris removal services throughout the keys, and waiver of irregularities in response to Request for Qualifications and selection of contractor. Contract between Monroe County and ORC Emergency Services, LLC to provide derelict vessel and marine debris removal services throughout the keys, and waiver of irregularities in response to Request for Qualifications and selection of contractor. Enclosed is a duplicate original of each of the above-mentioned for your handling. Should you have any questions please do not hesitate to contact this office. cc: County Attorney Finan~e File ./ r I , I ! , alU 'luawd!nba aA!palOJd pue laUUosJad 'Sap!L1aA 'SlaSSaA 6UipnpU! lfsel aLII alaldwoo olluawd!nba alenbape pue AJessaoau lie ap!AoJd II!M ~OlO'\f}:llNOO aLll 'lfsel L10ea JOJ ~OlO'\f}:llNOO JelnO!jJed aLII palas 01 AlPoLllne pue UO!laJOS!p alaldwoo sell AlNnOO 'qof aLII al!padxa 01 JapJo U! 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AlNnOO 30~NOVII Aq ',go oZ JO Aep ~I slLll OIU! paJalUa pue apew S! lO'\f}:llNOO SIHl , 71 SI~830 3NI~YW aNY S13SS3^ lO1l3~30 .:10 1YSOdSIO aNY NOIlllOW30 ~O/ONY 9N11Y01.:l3~ 'lY^OW3~ ~O.:llO~lNOO AlNnOO 30~NOW CONTRACTOR will provide all materials needed to accomplish the assigned job, including necessary equipment for proper handling of hazardous materials and will strictly adhere to all precautionary and safety requirements. CONTRACTORS shall be responsible for the job site at all times during the work. CONTRACTORS are required to have active licenses required to fulfill the requirements of each particular job and are required to attach copies of any and all licenses, including an occupational license as Exhibit "A" to this Contract. The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to stand down or stop work if advised to do so by any county, state or federal agency. If required to stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as possible. CONTRACTOR shall take photographs of all sides and interior of any vessel, the contents of the vessel, any personal effects in the vessel and any unique or identifying features of the vessel prior to any work on the vessel at the initial site and again at the dump site prior to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of its supervisor, it is not safe to do so. Photographs should be properly dated, the name and address of the person taking the photographs, and a complete set of the photographs shall be provided to the COUNTY. Photographs are considered to be an integral part of the work. CONTRACTOR shall remain responsible for supervision of all employees and shall ensure compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will constitute cause for immediate termination of the contract. Section 2. COUNTY'S RESPONSIBILITIES COUNTY shall do the following: 2.1 Provide all available data and location as to the COUNTY'S requirements for Task Order to the CONTRACTOR. Designate in writing a person with authority to act on the COUNTY'S behalf on all matters concerning the Task Order. 2.2 Furnish to the CONTRACTOR all existing information pertinent to the work. The CONTRACTOR may rely upon such information and services provided by the COUNTY, with the understanding that the information may be changed at the time the CONTRACTOR arrives on the scene of the work. 2.3 Approve a schedule that is mutually agreeable to the COUNTY and CONTRACTOR. Section 3. TERM OF CONTRACT This Contract shall commence on April 16,2008, and terminate on March 18,2011, unless terminated earlier under the terms of this Agreement. COUNTY and CONTRACTOR shall have the option to renew this Agreement for one additional two year term under the same terms and conditions as this contract, exercisable by mutual agreement upon written notice given at least Thirty (30) days prior to the end of the initial term. The services to be rendered by the CONTRACTOR for each individual Task Order shall be commenced upon written notice from the COUNTY and the work shall be completed in accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless it shall be modified in a signed document, by the mutual consent of the COUNTY and CONTRACTOR. Subsequent services shall be performed in accordance with schedules of performance which shall be mutually agreed to by COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work without written authority from the COUNTY. Section 4. COMPENSATION The compensation available to the CONTRACTOR under this agreement is to be determined by the COUNTY on the basis of price quotations received from approved CONTRACTORS, and the necessities of the individual job. CONTRACTOR is not guaranteed any dollar amount pursuant to this contract. The CONTRACTOR is responsible for evaluating the request for removal and responding in writing with a quotation for the job, a description of the job, the time the CONTRACTOR can begin the job and the time necessary to complete the job. It will be the CONTRACTOR'S responsibility to pay any disposal fees at the transfer station. CONTRACTOR shall include, in any quotation, the cost of disposal at an approved dump site. CONTRACTOR shall be required to provide a receipt along with any invoice for the work. The billing rates of the CONTRACTOR for a particular job shall be determined and agreed to by the CONTRACTOR and the COUNTY in a written Task Order prior to the authorization to commence the work. CONTRACTOR agrees that it will not be entitled to damages for delay of the completion of the job from whatever cause. COUNTY may grant additional time to conclude a task, if required. Section 5. PAYMENT TO CONTRACTOR 5.1 Payment will be made according to the Local Government Prompt Payment Act. Any request for payment must be in a form satisfactory to the County Clerk (Clerk). The request must describe in detail the services performed, the payment amount requested, and supporting documentation, including copies of receipts from the transfer station. 5.2 Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the Board of County Commissioners. Section 6. CONTRACT TERMINATION Either party may terminate this contract because of the failure of the other party to perform its obligations under the Contract. COUNTY may terminate this contract for any reason upon fifteen (15) days notice to the CONTRACTOR. Section 7. AUTHORIZATION OF WORK ASSIGNMENTS, SUBCONTRACTORS 7.1 All assignments of work shall be authorized in a signed Task Order in accordance with the COUNTY'S policy prior to any work being conducted by the CONTRACTOR. 7.2 Additional authorizations may contain additional instructions or provisions specific to the authorized work for the purpose of clarifying certain aspects of the work to be undertaken. Such supplemental instruction or provisions shall not be construed as a modification of this Agreement. Authorizations shall be dated, numbered and clearly relate to the specific job assignment so that they can easily be related to the specific assignment. Where available, the authorization shall refer to the name of the vessel, and its location. 7.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in (including, but not without limitations, moneys that may become due or moneys that are due) this agreement without the written consent of the County, except to the extent that any assignment, subletting, or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to any assignment, no assignment will release or discharge the assignor from any duty or responsibility under this agreement. CONTRACTOR may subcontract a particular Task Order or portion of a Task Order only with the specific written consent of the COUNTY'S representative. If subcontractors are approved it is the responsibility of CONTRACTOR to inform the subcontractors that they must carry the same amount of insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of coverage before allowing a Subcontractor to do any work on the job. Section 8. NOTICES All notices, requests and authorizations provided for herein shall be in a signed document and shall be delivered or mailed to the addresses as follows: To the COUNTY: Monroe County Board of County Commissioners c/o Monroe County Growth Management Division 2798 Overseas Highway, Suite 410 Marathon, Florida 33050 Attention: Division Director To the CONTRACTOR: Carlton Oakes Aqua-Terra, Inc. of Martin County P.O. Box 2104 Hobe Sound, FL 33475 However, if COUNTY requests a price quotation(s) from CONTRACTOR the request and response may be done by fax or e-mail. Selection of CONTRACTOR by COUNTY and the terms of the individual job may be done bye-mail but must be immediately formalized in writing as a Task Order signed by the COUNTY prior to the commencement of the work. Any Notice of Termination may be done bye-mail but shall be immediately formalized in writing by the party seeking Termination and sent to the other party by certified mail. Section 9. 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. Each party to this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest calculated pursuant to Sec. 55.03, FS, running from the date the moneys were paid to CONTRACTOR. Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020- 1990 The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision the COUNTY may, in its discretion, terminate this agreement without liability and may also, In its discretion, deduct from the agreement or purchase price, or otherwise recover the full amount of any fee, commission, percentage, gift, or consideration paid to the former COUNTY officer or employee. Section 11. CONVICTED VENDOR 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 with a public entity for the construction or repair of a public building or public work, may not perform work as a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under 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 of the Florida Statutes, for Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. 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 for the enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that venue shall lie in the appropriate court or before the appropriate administrative body in Monroe County, Florida. Both parties waive their rights to a trial by jury. Section 13. SEVERABILITY If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected thereby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as close as possible to the intent of the stricken provision. Section 14. 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 this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court costs, as an award against the non-prevailing party, and shall include attorney's fees, and court costs, in appellate proceedings. 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. Section 15. 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. Section 16. 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. Section 17. 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 the 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. The parties agree that this Agreement is not subject to arbitration. Section 18. 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. Section 19. NONDISCRIMINATION COUNTY and CONTRACTOR agree that there will be no discrimination against any person, and it is expressly understood that upon a determination by a court of competent jurisdiction that discrimination has occurred, this Agreement automatically terminates without any further action on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 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; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patent records; 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; 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; Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 20. COVENANT OF NO INTEREST COUNTY and CONTRACTOR 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 the only interest of each is to perform and receive benefits as recited in this Agreement. Section 21. 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. Section 22. NO SOLICITATION/PAYMENT The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. Section 23. PUBLIC ACCESS The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection of, all documents, papers, letters or other materials in its possession or under its control subject to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR. Section 24. NON.WAlVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNTY be required to contain any provision for waiver. Section 25. 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. Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES This Agreement is not intended to, nor shall it be construed as, relieving any participating entity from any obligation or responsibility imposed upon the entity by law except to the extent of actual and timely performance thereof by any participating entity, in which case the performance may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not intended to, nor shall it be construed as, authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. Section 27. NON-RELIANCE BY NON-PARTIES No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the 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. Section 28. ATTESTATIONS CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug- Free Workplace Statement attached to this Contract as COMPOSITE EXHIBIT B. Section 29. 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. Section 30. 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. Section 31. SECTION HEADINGS Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in the interpretation of any provision of this Agreement. Section 32. INSURANCE POLICIES Coverage shall be maintained throughout the entire term of the contract, failure to maintain coverage shall be considered a valid reason for County to terminate this Agreement. Coverage shall be provided by a company or companies authorized to transact business in the state of Florida. If the CONTRACTOR has been approved by the 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. 32.1 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 the attached schedules, which are made part of this contract. The CONTRACTOR shall 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, and where applicable CONTRACTOR shall provide proof of insurance for all approved subcontractors. 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 this 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 (30) days prior notification is given to the County by the insurer. 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. 32.2 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN COUNTY AND CONTRACTOR 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 . Bodily Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000Combined 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. 32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS 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: $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 The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. 32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Workers' Compensation Insurance with limits sufficient to respond to the applicable state statutes. 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. If the CONTRACTOR has been approved by the 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. 32.5 ADDITIONAL INSURANCE A) Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain Jones Act and/or Longshoremen and Harbor Workers Compensation Insurance with limits sufficient to respond to the applicable state and/or Federal statutes. B) Pollution Coverage with minimum limits of $1,000,000. Section 33. INDEMNIFICATION The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions, Officers, and the Employees, and any other agents, individually and collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and answerable for any and all accidents or injuries to persons or property arising out of its performance of this contract, including those of any subcontractors. The amount and type of insurance coverage requirements set forth hereunder shall in no way be construed as limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend and pay all legal costs attendant to acts attributable to the sole negligent act of the CONTRACTOR, or his subcontractor. At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, subcontractors, servants or agents to be employees of the Board of County Commissioners for Monroe County. As an independent CONTRACTOR the CONTRACTOR shall provide independent, professional judgment and comply with all federal, state, and local statutes, ordinances, rules and regulations applicable to the services to be provided. The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan, supporting data, and other documents prepared or compiled under its obligation for this project, and shall correct at its expense all significant errors or omissions therein which may be disclosed. The cost of the work necessary to correct those errors attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply to any maps, official records, contracts, or other data that may be provided by the COUNTY or other public or semi-public agencies. The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any delays or hindrances attributable to the COUNTY during the progress of any portion of the services specified in this contract. Such delays or hindrances, if any, shall be compensated for by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to complete the work schedule. Such an agreement shall be made between the parties. In Witness Whereof, the parties have executed this contract as indicated below. (SEAL) DAI!lNY L. )(OLHAGE.. CLERK (h'1i<4 ,.L Deputy Cler BOARD OF COUNTY COMMISSIONERS MONROE CO~ Charles "Sonny" Coy, Mayor Secretary Print Name AQUA-TERRA,IN,C',it)F Kf'i-'I..:l c..ovt-J"\'f &'rf D...L 3hl/o& , Print Title and Name: 'YaEs t vGtVT"' CAf-crotJ e. 64~F$ Date: 3 J ~ /Ofi'> / orTWO~ PrintName ':s"tE)\'<f'\o.,.),E, ~ f~lon~ J. tJ~ . It.: Print Name ~:u..le(>(( S. (~;(SOI'l .". ..... c3 C:J = .. = ;j Z )> "'" ;u :1" :x g [; :_~~ :no -< .........,. "-- N ., , n ..' , ,] c' " -;-J . ~ c' ::Ji:: -q ] ~ r- --~) , f"' -l:" '-1 1,0 :J , EXHIBIT A Copies of Licenses: Occupational License Other Licenses I THIS IS ONLY A TAX. YOU MUST I MEET ALL COUNTY AND/OR - MUNICIPALITY PLANNING AND I ZONING REQUIREMENTS. . ,j . 2008 I 2008 MONROE COUNTY BUSINESS TAX RECEIPT EXPIRES SEPTEMBER 30, 2008 I I I I I I ! Corp. Name: Owner Name: CARLTON E OAK Mailing Address: PO BOX 2104 HOBE SOUN MOCTY KEY WEST, FL 33040 772-545-3473 CONTRACTORS (GENERAL CONTRACTOR) Stalls 831 EX~ 8-31-2008 THIS RECEIPT MUST BE POSTED CONSPICUOUSLY IN YOUR PLACE OF BUSINESS THIS BECOMES A TAX RECEIPT WHEN VAUDATED Danlse D. Henriquez, CFC, Tax Collector PO Box 1129, Key West, FL 33041 Anne M. Gannon, Tax Collector P.O. Box 3715 West Palm Beach, FL 33402-3715 www.pbcgov.com/tax Tel:(561) 355-2272 AQUA TERR INC OF MARTIN COUNTY OAKES CARLTON E PO BOX 2104 HOBE SOUND FL 33475-2104 Account Number: 2003-12658 Dear Business Owner: This is your new local business tax receipt. Please keep the upper portion for your records and detach the bottom of this form. Verify the information and display it conspicuously at your place of business, open to the view of the public. This receipt is in addition to and not in lieu of any license required by law or municipal ordInance anens subject to-regulations of zoning, health, and any other laWful authority (County Ordinance Number 72-7). Receipts may be transferred to a new owner when evidence of a sale is provided; the original receipt is surrendered and a transfer fee is paid. Receipts may be transferred to a new location when proof of zoning approval is provided; the original receipt is surrendered and a transfer fee is paid. Business name changes require a new receipt. This receipt expires on September 30, 2008. Renewal notices are mailed at the end of June. If you do not receive the notice by the end of July, please let us know. I hope you have a successful year. ~Y1t.~ Tax Collector .~. DETACH AND DISPLAY BOTTOM PORTION. AND KEEP UPPER PORTION FOR YOUR RECORDS ~~ 2003-12658 STATE OF FLORIDA PALM BEACH COUNTY LOCAL BUSINESS TAX RECEIPT EXPIRES: SEPTEMBER. 30 . 2008 OC-032 CLASSIFICATION AQUA TERR INC OF MARTIN COUNTY OAKES CARLTON E !Elf LOCATED AT 9323 SE RANDALL COURT IC HOBE SOUND FL 33455 CNTY $27.50 TOTAL $27.50 this receipt Is hereby valid lor the above address lor the period beglming I! on the first day of October and ending on the thirtieth day of September I to engage in the buslness,- profession or- occupation at. I GENERAL CONTRACTOR II CGC1504831 Ii __II THIS IS NOT A BILL - DO NOT PAY PAID. PBC TAX COLLECTOR $27.50 OCC 049 1519538 08-06-2007 ANNE M. GANNON TAX COLLECTOR, PALM BEACH COUNTY THIS DOCUMENT IS VALID ONLY WHEN RECEIPTED BY TAX COLLECTOR . "---,.-...----..--.-- ...--.---------........---.------.-....---.--.--- 2007-200S MARTIN COUNTY ORIGINAL BUSINESS TAX RECEIPT Lany C. 0'Steen. Tu CoI_, P.O. Box 9013, Stuart, FL 348lI5 (772) 288-6804 L1CEN"" 2005-512-0004 Cl!RT CGC15004S31 PHONE (772) 545-3473 SleNO 233210 lOCAOON: 8491 SB DRU'TNOOD S'l' HS TOTAL ~""RE8Y~b"1Al~llROCCUPA OF AT LOCAT1ON lISTED FOR THE PERIOD BEGINNING ClNlHE B (QtJAL:t1":tBR) OP MARTZ. Cou.~& CBARACTBR COmr.rS nr KAR'1'nr COtlJI'1'Y PREV YR. S UC. FEE S S PENALTY S S COL FEE S S TRANSFER $ .00 . 1"1. 33475-2104 23 JULY _MYOF N<<JENOINGSEP'1'EMllEfl80. 2008 07 "'- 807 2006 00494.0001 26.25 PAJ:D THIS FORM BECOMES A RECEIPT ONLY WHEN VALIDATED BY RECEIPTING MACHINE. ANYONE DOING BUSINESS WITHOUT A VALID OCCUPATIONAL LICENSE IS SUBJECT OF A $250 FINE. PENALTY 10% FOR MONTH OF OCTOBER. 5% ADDITIONAL EACH MONTH THEREAFTER UP TO 25% PLUS COLLECTION COSTS. NOTE - A PENAL TV IS IMPOSED FOR FAILURE TO KEEP THIS LICENSE EXHIBITED CONSPICUOUSLY AT YOUR ESTABLISHMENT OR PLACE OF BUSINESS. . . United States Department of the Interior FISH AND WILDLIFE SERVICE Arthur R. Marshall Loxahatchee National Wildlife Refuge 10216 Lee Road Boynton Beach, Florida 33437 December 18, 2001 Carlton Oakes 'Aqua-Terra, Inc. of Martin County 11105 S.E. Federal Hwy. P.O. Box 1956 Hobe Sound, Florida 33475-1956 Dear Mr. Oakes; The Loxahatchee National Wildlife Refuge recently contracted your company, Aqua-Terra, Inc. of Martin County to clean out a refuge canal clogged with submerged aquatic plants. The plants in the canal were so dense that it choked the canal and prohibited water to be moved from one area of the refuge to another. To effectively manage wildlife on the refuge water must be moved through the canals to various locations at desired times. During the time that your employees worked on the refuge they were always on time, were friendly and pleasant to work with, were very receptive and responsive to the direction given, and they completed the work on time and to management's satisfaction. In order to manage the refuge properly for wildlife, we depend on companies like yours who can provide this quality of work. I would like to take this opportunity to thank you for your cooperation and for doing a superb job on the refuge. In addition, I would gladly recommend your company to any party in need of the services provided by Aqua-Terra, Inc. of Martin County. Y'. ark J. Musaus Refuge Manager (^v-t~) e3 tI.lJoll 6u I-<~ 001-< t) 0000 0_ c.:tI.l ~ ~ 000 ,< ~ ~:il .a . - -. "- "" ~ffi ' ' . , ' ~ ;:: .. I-<~ ~ ,,-. ::;a 0 Q ... ~ Q ~ .- OU "l "" .. .. :s~ .. ;:: .. .. .~~ ... .. I-<JoIl .. - " .. 00 .... - 1.~ z< C> vi .. ~o " ~ ;t a oz 0 J!o.S tI.lJoll ~ .. .. ...l0 .. 0 ~.... gJl-< ~ ~ .. = ..J! tI.lCl ~ ~ ;:: .. JoIlJollO :l Ii! ~~~ '-I:: t 0 ~~ .. .. ~ <O~ '" " Ii! l:! .... .a ~ C> ':I tI.l:I:~ .::1 " .. ~~ .::1 ~ 'i! ?, '-I:: .::1 roil .. 'fl z ;t ~ - . "" ~~ ...l0 ;:: 0 ;;<00 ~ ~ ;:: C> ':I e ::J:il ~ "" .. < .. < ;! .. c.:~ ... .... u .- J! 1 - = OJoll c:> .. Ii! .. .... .. ~ ... c.:1-< ;t on .. ..~ 0< ;:: - t) b~ ~ ~ ili ~ .- ~ fa '-6 :s:il "" <~ .. ;:: .1-< ~g ~ ~~ .. .. N .. ~ ,;, .... 0 JoIlO ti ~ I-<U I-< .. a: tI.lc.: "'~ c ~ 's 0< ::> ~< " lOr-- ~ lXlo ~ OJoll .. :r<> c.:z ..z c 0 ~LO JoIlz !;;o 0 ,; z il 1-<0 ~~ :;; .JO) rn tI.ll'. i ;0 <::J :s ~~ G ~C\l il w ~ .. T"'I ~ j w :l 0 :J: ~ 0 0-' .. w c ~. 'il.)_~1.,... ,'J).\._~ ~~ . R '..\l#,!' ~;'~ ~~~~~^~-,':~ ~i.'~_: ~,_r~:~yJj ~'.,.?..., ~"'-~-'. ~~, STATE OF FLORIDA DEPARTMENT OF BUSINESS AND PROFESSIONAL REGULATION CONSTRUCTION INDUSTRY LICENSING BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 OAKES, CARLTON B AQUA-TERRA6 INC OF po BOX 21 4 HOBE SOUND MARTIN COUNTY FL 33475-2104 ......_-_.-.._---_.-~----- -" . STATeOFFLORlDA ACI 2667111 DEPARTMBH'l' 01' BUSI:HBSS AND , PROFESSI:ONAL RBGULATIOlll CGC1504831 07/20/06 050795753 CBRTIFIED GEHBRAL COlllTRACTOR OAJtBS, CARLTOlIlB AQUA-TERRA, I:lIlC 01' MARTIlIl COUNTY IS CBRTII'IBD lIIl4u' the proridoaa of Ch.489 1'8. JI:IlPiratiOD date. AlJQ 31 ~- 2008 "6072002634 DETACH HERE ACI .2 667181'.u'~T~T~;~JfLO~IDA' DEPARTMENT OB BUS!NB'sj.,~ PROP'JiSSIONAL REGULATION CONSTRUC'J:IONc':INDUS'l'RylIilCENSING BOARD. SEQIIL06072002634 . -, -,--;.':.:;,C'--i""':~V'/:" - ""','\" - " : . LICENSE NBR 07 20 2006 050795753' CGC150.41l3;1 The GENERAL CONTRACTOa." .,,' Named below IS CERTIFIED ' Under the provisions of Chapter 4~9 FS. Expiration date: AUG 31, 2008" ", OAKES, CARLTON E AQUA-TERRA6 INC OF MARTIN COUNTY po BOX 21 4 HOBE SOUND FL ~3475~21.04 JEB BUSH GOVERNOR n!!';PLAY AS REQUIRED BY LAW SIMONE MARSTILLER SECRETARY {ll\JT~i'\ ~,!,;.~, ':n_. 'f--...~ "''''''''~'''~ e~"!j~"~....c..> '..,..' --..~,~:,~-~. ""c';" 5T A TE OF FLORIDA DEPARTMENT OF BUSiNESS AND PROFESSiONAL REGULATiON CONSTRUCTiON iNDUSTRY LiCENSiNG BOARD 1940 NORTH MONROE STREET TALLAHASSEE FL 32399-0783 (850) 487-1395 AQUA-TERRA6 iNC OF MARTiN COUNTY POBOX 21 4 HOBE SOUND FL 33475-2104 ..' ........ ... . .....32111...q1j'1' . STAlE Of I'l.PIIIDJ\ AC# ..' tltPAR..'nIBNT. .0. p. $USXRBSS ARD . . ,PROPBSSX~AL 'RBGULATXOJr QB230SS . '06/01:./D7 060754513 ;.:,~, QUALI:FXBD: BUS.XpsS'ORGANI:ZATXOII AQUA-TBRRA;XIIC.O~IIA1l.TI:JICOtlll'TY DETACH HERE ACI 3244441 ,-- .... ",'... ".' .. __L_ .< -'. -. ",. ';.. 5TATe,.o.F FLORIDA _~',,::::",-:_<_-:-~_ -,;~:::>, ~:~': i-__7_~;"'':''':;'';'/:'-' ';:1>~; '~(~JC1';~_:_~:.i~ '~->'\i ",_,_:,' '_" " ;D~J?AR~ OF;' B:o'e:U~J.:S$'" Am> ~OFESl;!;EONAL REGULATiON !'is:<CONS'fRUQ11.tO~;.~t!STRY;;1I11:CENSiNG' BOARD. SEQ#L07060100767 0:.,'<..:.( ~-:,;~;':';'_:' '-',":_~:,:-~,:(j/?i' ~,:'~~~~~ ~~~'-:\:.-.;:>\' -F;;':,'-';- '.:; . LiCENSE NBR >:' .:" ".;~.) :.'-;"',- .... -" ,..-/ ;;..,<,..-..~ 06 01 200,7 060754513 B23O, .'!r">,,':;;':.': The BUSiRBSS ORGANi~T-~6~:':,. ;';;'/ .~..'" Named below XS QUALX1I'l;ED.,.,c... ,'C'.' .. Under the provisions of Cha.' "-. Expiration date: AUG 31, 20 (THXS.l;S N,OT;A--J:,XCENSE TO PE~'" COMl'ANYTOD()Bt)'$INESS ONLY :tV'. AQUA.:.~TE:RM.''L.''..'' X.'.N.. C. '., ;OF MARTINCOuNTY:'t~. .~",. P 0 ElOJt 211M ..... ... .,'". HOBESOUND . '. .... FL 33475:-.2J.o4'.""" it,LOWS XFX;E,lt. ) CHARLXE CRIST --......................""" .............. ....., I ^\AI HOLLY BENSON SECRETARY . " .r- :i'~'-""~:' ,.'.' . .'~" .' ' , . .'" . ,7,.<,'" ". ,,;~':' ~"":,,,' """.. ' .' .. ~. ...." ,,",~, ...'" 'ff"-'t!"~;':;;O;::, 00 ,',; ."'" .J. ~#~_,,-o ~.." .~~}':" .~' ,:,.;.:" ?,_".'_: ...~~ '>C:',' ''N:06>'t.-''~ :~. ,~'':'''U'- .- '..~;:3...;tf..'~'-'V~i:;,;,iI. . :I.~*' .<'~?', .' ;;"~';: i>ht!.ti:r .<,'~ ;;~$" "r'~:" '..... ' ~,,-,. .~. '5 -1 .."l'~ ;,; ,r "l/~-."";~i (';,,:% -r .t'tt. 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' " ,~;' :", "'~"" ,'" '" , ;;,. ~~~; ~~.,-~c "~'~1." ,,~j, , ,,"-C: ,;RJi:<!if"rt. ik,~ '" ,-' ..r~ ~";'.(""'$",'~/;~f..~~;'jf.rJ~' ~.!! :,__~:f1"~~~ -:5.. :.t-'~ .'" .,_.~.' __,_e..'....~,.~.",..''';,.,.;..c~"... ..... .. -l}= ~'-;' ..,..~;. , , ... ,7 '1'" . __ '. ."~' .. ," -Or l.:~ J' - , .' '.' .( .'''''' ""~. --"'" ,'';' ,<, / . c.r ii4~'i)/. ...;,'l, :'jj;~'" - " .1"" ' .>~.)~'~., /_~ -~~{f~~~i ... ~ ., ...... . , , "', .... t....,- .~. -. .. .- ~.f .-' ;" .,.." .' . , ."'~ . ~ '- . ' ,~ < .' ',' ,';.~ ~ j .- ~.. " -" , I ~f . -- . "..., ... t ' ~ . l,.:'.~ -4 .~. y' " .' ~I.UUII UI 110I1....'1 vU.lLId1wLUt:tJ International CeIt.. t227 DAVID FOSTER 1.0. 4t1-13-79&4 Commerdal Diver CUtJ~Q Card EARL . YOUNG LD. 222 I" 2'''' Commerdal Diver CertJfL ..tJ9n Card -' ~ AssocIatIon of Diving Contractors International CeIt.. t22t DENNI$..WALSH LD. SU-61..Z181 Conunerdal Diver CcrtifIc:adon Card Association of DlvIng Contractors International CeIt., t238 JOsErH.GeRcHAR LD. 34' "'I sm <:onunerdal Diver Certfficadon Card COMPOSITE EXHIBIT B Required Forms: Public Entity Crime Statement Ethics Statement Drug-Free Workplace Statement Insurance Documentation LOBBYING AND CONFLICT OF INTEREST CLAUSE SWORN STATEMENT UNDER ORDINANCE NO. 010-1990 MONROECOUNTY,FLO~DA ETHICS CLAUSE . Aau4 - ;r;~tf . "Jc.. of 1"4~/,v ~~tlAl1Y . , (Company) ....warrents that heflt has not employed, retained or otherwise had act on hislher behalf any former County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or violation of this provision the County may, in its discretion, terminate this Agreement without liability and may also, in its discretion, deduct from the Agreement or purchase prioe, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid to the former County officer or employee." t!)H {JL (Signature) Date: ClI' 0 '1- CJ {!> STATE OF: lJ Ov : ri 0- COUNTY OF: --1D.Q.V-h'N Subscribed and swom to (or affirmed) before me on R:0 I '-\ ~dtOo.H (date) by (jar- HUN -6. 0 J!f-lt'S (name of affiant). He/She is personally known to me or has produced r:.-\ . 0 (~VeVS li Co (n Sf (type of identification) as identification. aQb;Jr-- ----- NOTARY PUBLIC My Commission Expires: ~I / (Q DANlBlE KA8IlEIlO : '" MY COMMISSION' DO 705034 , \ : j EXPIRES: August 14, 2011 "-..:..-"~-NoIIIyP~ -26- NON-COLLUSION AFFIDAVIT I, W y--\-\nn f. OCAle~f the city of Jbbe SOJrLJ my oath, and under penally of pe~ury, depose and say that according to law on 1. I am ~1O,J E. ~M.&S of the firm of MtJA- _ -rGep", tAlc. 0;:: MllertfoJ tl'PtWT'Y the bidder making the Proposal for the project described in the Request for Proposals for and that I executed the said proposal with full authority to 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 by 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 fun knowledge that Monroe County relies upon the truth of the statements contained in this affidavit in awarding contracts for said project. t!t/( {}L (Signature) Date: t!9/~ "'1- 08 STATE OF: .1.\O'~ do- COUNTY OF: ma t1,'rJ Subscribed and sworn to (or affirmed) before me on feh.4,aooB (date) by 0 ().v I-+nrJ e .Oo.U:J (name of affiant). He/She is personally known to me or has produced . e r1Se (type of identification) as identification. -...."...~ - - DANlEttE KASDEBO -- If''ltl';'\ MY COMMISSION' OD 705034 ,. : j EXPIRES: Augusl14, 2011 ~.p.f.,. BondedThruNtMryNllcUncl8rWritelS NOTARY PUBLIC My Commission Expires: ~ II - 27- DRUG-FREE WORKPLACE FORM The un~ersigned vendor in accordance with Florida Statute 287.087 hereb ft-Qc.JA- - -rEW 1Jt.-. ~ M~t.:rtfl) ~b,) (Name of Business) 1. 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' policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and employee assistance 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 wi. abide by the terms of the statement and will notify the employer of any conviction of. or plea of guilty or nolo contenderre 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. certifieS that As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. (ll!-( W - (Signature) Date: t::J ,.... o't - 0 f3 COUNTY OF: ~l 0 V \'dvt TY\rA V -1-1' I'i STATE OF: Subscribed and swom to (or affirmed) before me on R'J). 4 J~ OnE< (date) by c.o.vl ~(\) e-. OI4te.. s (name of affiant). He/She is personally known to me or has produced I. D(\v S l,'c.t se 0)' DANlBlEKASDEBO iJ l:~ MY COMMISSION I DO 705034 , : . . EXPIRES: Augusl14. 2011 Jm _ThN-"'''''''~ My Commission Expires: ~ I 14'dOl J .28 - 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 properly 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 threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36 months fro the date of being placed on the convicted vendor list." I have read the above and state that neither N1JjJ,~.It1C. d~!'(R~ent's name) nor any Affiliate has been placed on the convicted vendor list within the last 36 months. t!-K tJJl- (Signature) Date: (!?fr-CJ'I -ol3 STATE OF: COUNTY OF: t=!O{; d\c;L rY\(A t- +-; N Subscribed imd sworn to (or aflinned) before me on C OL V \10 N E, OA tQS ~_b . LU~bo 8 (date) by COX I+oN ~. O/i- t-eS (name of affiant). He/She is personally known to me or has produced ~ \, 0 riVe.r 5 U em l( @fof._:::l" ..-. NOTARY PUBLIC . .",...~ DANlaLEK.IIlOEIlO if ~ f!\$)' I>.-~ MYCOMMlSSlONtOD705034 My Commission Expires: U &'+ 0 II ~. ' , EXPIRES: August 14, 2011 ,"" BondIdTtwuNolaryN:llcUl\Cll!Wlhrl -29- - ACORD.. CERTIFICATE OF LIABILITY INSURANCE . COVERMlI!I TIE PQUClEll 01' __ USTEO _ HAVE _IS8UIDTOM INSIJIII!D_MCNIlI'Ol\ M I'OllCl'PEIllOIIlUCAlIO. ~ NIt __. _ OIl """,...,I)N 01' NIt coomwrr OIl ~ OOCl-;e-IT \MTH ~ TO - THIll CEltTFlCATE MY - -- OIl MY 1'EItT.oIN, 1llE -...NClI /V"tfJIdED BY THE POlJClD llE$tAlIlED HEREIN. SUlJl!CTTO AU. THE - ~ NlDCONDIlICN8OF llUCII POIIOII _'IEUMITIlBHOWll MY HA'It seeN 1I!llUCE1l BY PN1I ~ ' 01......... PQLICW'- ---'" Z r ~cmew.l>>lM.In' ,.,.........[!]0CCtJIl ....-' J1A ....1"'.1..to :EM. ~~, xna. 1.001 An. AU. 8U~ 1.1, .1upitu, 1'1 3U11 561- 1U 2313 _ ,agta-I'DM, DC rn ~ COCM1''t JP 0 .. 2104 ... lIOIJB, I'L 334" jA 01 ON M4'151 -...... .....-..- % eoP--I!A.trUR311 . Z .->.lIlIQS X.....-oOUIllI 04"&'1200 _.-nT _NIfO _.-m ocaJIl 0 aMIS_ lJlIIlIJQIa.l ......IHIION . ....- - I ...,. -.-..-m ."... __1_GP!lIIIL'1lI ~,,'.~I!N .IICI-.q","'''''''~''- CI!R'RI'lCATI! HllLDI!Il ___~ s: h.1a Beach c-t;:r :aoud ot' c-q ei-t..~ - ........P-f.1av 1)4p~. A~t:D:e-i..a 8alr.e3: !l0 . Id.U1:&Zy ~Ul .~ 110 V.._ >>_..- ..-ala. n. "...1.1____ : 511-24 C 0 ACOIID ... ffII7I .._ tell MFaPLlllGl ~ _'" ftIJI ~.vJlI) _I: ALLSDI'II _e: _lie l1/lC/O'1 11/16/08 .- .1 000 000 dlOO 000 .10 000 .1,000 000 . ,000 000 PftllIlImB.~- ,2,0.00 000 ~-- IIIlIC1! ..... QliIMt88 C'Wlr..... MEDSCJIfAI8'.. P'EJII8I)MIIIL. AlNIWIIY ~._~ "" ........,-..e LIIIIl' '1 lliI_ 000 000 llOIlLy....... . "'- 10/04/01 10/04/08 -...- ....-. . 1III:I'8<T'I_ . ....- .-..no ON- y ~ IA ACCIZIff . == EANX. . - . 1I5IOI0Ql;lI'~ . -- . . . , u._.POUCYUlIIf , .h_ '" LACi 1.... CAUNIII .&1IOM ItIDULD N<<cr 'fttI"'" ""qilp'" 1G..I8I. --- I - "'1NI_ . ~ __.___...._ J!L.--- . ACORD COftf'()ftA'IIOII- 02/~4/i888 11:58 3866717793 MARITIfoE aJVERAGE CO PAGE 82182 '-.' CERTIFICATE OF INSURANCE mma~~n"~p~^~nn OF QlIFOIlMATION ONLY AND CONFER8 NO RlCHTS uPON TII1: Q:RTInCAn HOLDIR. THIS CP11F1~TE DOES NOT AMEND. EXTEND OR ALTER THI COVUAGES ^'I'ORDED BYTHr; I'OLlCIr.s BELOW. PROD M..ltlmo Coveraac Corp. Island Wide MIrifte Apncy PO Box 731209 Onnond Beach, FL 32173.1209 386 671.7791. Fax: 3 671-7793 INSURED: Aqua.Tem, 1m:. ofMlU'lIn County ~Bax2104 Robe SOUIld, FL 3347S-2104 , Issued Date: December 14,2007 COMPArms AFFORDING COVERAGE COll1p1lDY A: American Home Assurance Company eoaJMI.,. B: Company C: Complln" 0: COVERAGES THIS IS TOCEIl'l1FY nlA T I'Ol..IClES Of INllURANCE USTED BELOW HAVE BlieN ISSUED TO THE INSURED NAMED ABOVE I'OR THE POLICY PE1\1OO INDICATED. NOT W1THST ANDINO ANY R&QUlREMENT TERM OR CONOI11ON OF A"'V CClN'fAACT OR OTHER DOCUMENT W1T1i RliSl'IlCT TO WHICH THIS CEIlTIFlCATE idA V BE ISSUED OR MAY PERTAIN. THE IN$U1V.N(;E MI'ORIlRD BY THE I'OLlCIElI OI!3CRIBEO HEREIJIIIS SUBJIlCI' TO ALL TIll! TERMS. EXCLUSIONS. AND CONOmONS OF SUCH POI.ICIS. Conran Ce__n liIid w.~\'t'~ EDinllllllllaU IdmIll f'roIKtIu ~ IlMl,.alt.7 A ZI332 12112/2007 12I1mooa $1.0lIO.000 H.II .. Me.hl..,. A Z 1332 1211212007 1211212008 Y. Ea_ Dock UeblUty "'laIIn . A Z1332 12112/2007 1211212001 $ 10,00II OllIe" SPECIAL ITEMS V08lOl Neme; "lnftaloblo Da1e~ V....I Description; 1986 14' ....Iumlnum IlnllOblblo A<hUlles CcnnmcrcJallnfla1abl. him _ CoUll" i3Ian: AddItInoally IIIIlWIld wilh respeclS to the opcndion of1he insured YOSllOI only. CERTIFICATE HOLDER: Palm Beaoh County Att. Purch_lng Dept. 60 S. MHlt8ry Tl1Ill, Suhl110 WItlIt p.lm BelIch, FL 33416-3132 Fn': (&81) 2.42-6101 CANCELLATION. ShouIdlOl)'oflho_~poIIoIcI'" _Icd_lho ....L........_ d1croo( Iho ........__... _"'_:lO""'__(I0~lbr_,J.-1If ......hool..... acrtI_ holder _... _.. __ noIlco....1I ~ llOoIIIlplionorllall1lllyofonytlnd_lho comp.ay. iII...-OI ~...--. ~J__ --- . 05-30-2006 TOM GALLAGHER ST ATE OF FLORIDA CHlEFFINANClALOFFICER DEPARTMENT OF FINANCIAL SERVICES DIVISION OF WORKERS' COMPENSATION * * CERTIFICATE OF EXEMPTION FROM FLORIDA WORKERS' COMPENSATION LAW * * CONSTRUCTION INDUSTRY EXEMPTION this certifies that the individual listed below has elected to be exempt from florlda Workers' Compensation Law. NT S EffECTIVE 0'''' "''''/2006 .. EX,_T'DN ""'" 'fffJ'IREME . PERSD<< OAKES AN'CE RE ~ It~ ~lL MAA~ C<XMY . .f'.... T!J HOBE SOUND fL 33475 SCOPE OF BUSINESS 1- CERTifiED GENERAL CONTRACTOR OR TRADE: 'PORTANT: Pursuant to Chapter 440 . 05(14), F.S., an officer of a corporation who elects "xemptlon from this chapter by filing a certificate of election under this section may not recover benefits or compensation under this chapter. WC-252 CERTIFICATE OF ELECTION TO BE EXEMPT REVISED 01-04 QUESTIONS? (150) 413-1609 PLEASE CUT OUT THE CARD BELOW AhD RETAIN FOR FUTURE REFERENCE STATEOFFLOIUDA DEPARTMENT OF FINANCIAL SERV1CE5 DIVISION OF WORKERS' COMPENSATION CONSTRUCTION INDUSTRY CERTIFICATE OF EXEMPTION FROM FLORlOA WORKERS' COMPENSATION LAW . efFECTIVE: 08/30/200II c-r1 * * EXPIRATION DATE: 08/28/2ooB V A N P PERSON: CARLTONb~rSS ~TS FEIN: ""!8f\.P I .. A:;:;' 1\1 ."I~~ ~~~~ COUNT illf',1lRE:Qf(E~FL 3347& SCOPE OF BUSINESS OR TRADE: ,- CERT1FIED GENERIlL CONTRACTOR F o L D H E R E IMPORTANT Purs_, '0 Chop'"' 440.05(141. F.S., an officer of . corporation who elects exemption from this chlpter by 1i1inQ a certificate of election under this section may not recover benefits Of compensation under this chapter. QUESTI0NS7 (150) 413-'609 CUT HERE * Carry bottom portion on the job, keep upper portion for yow- records. DWC-252 CERTIACATE OF ELECTION TO BE EXEMPT REVISED 01-04 ACORD~ CERTIFICATE OF LIABILITY INSURANCE I DAlE"""",""", 05/13/2008 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Jim Giacinto Ins. Aqency, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1001 ~t. 'AlA Suite 117 ALTER THE COVERAGE AFFORDED BY THE POUCIES BELOW. Jupiter, F1 33477 INSURERS AFFORDING COVERAGE 561- 744 2333 ",,",RED AQUA-TBJUUl,_ INC OF MARTIN COUNTY INSURER A: THE HARTFORD INSURER B: ALLSTATE POBOX 2104 INSURER c: HOBE SOUND._ I!'L 33475 INSURER D: , INSURER E COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, eXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID ClAIMS. ~ TYPE OF INSURANCE POlICY NUMBER POUCY EFFECTIVE ~~ LIMITS GENERAL LlA8lUTY EACH OCCURRENCE .1,000,000 = .500,000 X COMMERCIAL GENERAL L1ABIUTY FIRE DAMAGE (Any one fire) I CLAIMS MADE ~ OCCUR MED EXP (Any one person) .10,000 A 01 SSM AJ4751 11/16/07 11/16/08 PERSONAL & ADV INJURY .1,000,000 GENERAL AGGREGATE .2,000,000 ~.~ AGGR,Efl UMIT APp~rER: PRODUCTS - COMPIOP AGG .2,000,000 X POlICY ~g: LOC ~ILEUA8IUTY COMBINED SINGLE LIMIT . ANY AUTO (Eaaccident) 1,000,000 - ~ AlL OWNED AUTOS BODILY INJURY . ~ SCHEDULED AUTOS (Per person) B ~ HIRED AUTOS 048567200 10/04/07 10/04/08 BODILY INJURY (Per accident) . ~ NQN-OWNED AUTOS - PROPERTY DAMAGE . (Per accident) GARAGE U'.'LlTY AUTO ONLY - EA ACCIDENT . ~ ANY AUTO .M Ci n OTHER THAN EA ACC . '\ AUTO ONLY: AGG . EXCESS UABlUTY III ~ .... ~ EACH OCCURRENCE . ::=rOCCUR 0 CLAIMS MADE =5 ~~-O~ AGGREGATE . . =i ~OUCT'BLE . RETENTION . . . WORKERS COMPENSATION AND I T~~IfM"?ts I IvJ:t -- EMPLOYER$' UABlUTY EL EACH ACCIDENT . E.l. DISEASE - EA EMPLOYEE . E.L. DISEASE - POLICY LIMIT . OTHER DESCRIPTION OF OPERATlONSILOCATJONSNEHICLESJEXCLUSIONS ADDED BY ENDORSEMENTISPECIAI... PROVISIONS CERTIFICATE HOLDER I I ADDITIONAL _; INSURER lEITER. X CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POl.IClES BE CANCELlED BEfORE THE EXPIRAllON MONROB COUNTY BOCC DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL ~ DAYS WRITTEN CONTACT: CONNIE ROBERTSON NOTICE TO THE CERTlFlCAlE HOLDER NAMED TO THE lEFT, ~T,FAlLURE TO DO $0 $HALl. 2798 OVBRSBAS HIGHWAY tMPOSE NO OBl.JGATION OR UABtUTY Of Nl'( KN) UPOtZ INSURER, ITS t.GBITS OR MARATHON , FL 33050 REPRESENTAnveS. ,,---- !'AX: 305 289 2536 AUTHOR:IZEO REPRESENTATIVE PHONE: 305 298 2505 / / -Vi ACORD 25-$ (7/97) '-..-/ il ACORD CORPORATION 1988