04/16/2008 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
May 21,2008
TO:
Andrew Trivette, Director
Growth Management Division
ATTN:
FROM:
Mayra Tezanos
Executive Assistant
Pamela G. Han~
Deputy Clerk 0
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 BGCC, meeting the Board granted approval and authorized
exectuion of the following:
Contract 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
Financ)
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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:
Mark Stafford
DRC Emergency Services, LLC.
740 Museum Dr.
Mobile, AL 36608
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-WAIVER 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,OOOCombined 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)
(1;~
Deputy Cler
BOARD OF COUNTY COMMISSIONERS
MONROE COU
Charles "Sonny" M Coy, Mayor
Secretary
Print Name
Drc:-R~VICES, LLC
Print Title and Name: M4 ~ 1< STA Wo ~
e. 0.0,
Date: Lf- l ~ 08
Print Name
O/I V)~ Ca, by-
Oat.:
3: .....,
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1.0
EXHIBIT A
Copies of Licenses:
Occupational License
Other Licenses
COMPOSITE EXHIBIT B
Required Forms:
Public Entity Crime Statement
Ethics Statement
Drug-Free Workplace Statement
Insurance Documentation
" ..J
.
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
. DI2G ~mJ1GOY1cy ,<;9i\Jic~ . LLCj
(Company)
.
....W8\Tents that hellt has not employed. retained or otherwise had act on hlslher behalf any
former County officer or employee In violation of Section 2 of Ordlnanca No. 010-1990 or any
County officer or amployee In violation of Section 3 of Ordinanca No. 010-1990. For breech 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, percantage. gift, or conslderetlon pald
to the former County officar or employee."
.
STATE OF:
COUNTY OF:
A~~
~f Ai.. "'-"
~re) ~y.
Date: OdlDllo8
Subscribed and swom to (or affirmed) before me on
'B~L.:,vIAlAN1'1 \ \ Z-clD~\
(date) by n--a...v- k- <;.+0 (:~~
(name of affiant). He/She is
personally known to me or has produced
Yfi'l~ Bu~
(type of identiflcatJon) as Identification.
ERIKA HUNT'
NOTARY PUBLIC, fW}JM STA~ f41ARGE
MY COMMISSION EXPIRESil3-29-20l0
NOTARY PUBLIC
My Commission Expires: S - 2q . U2...
.
- 26-
'~
....J.
.
NON-COLLUSION AFFIDAVIT
t, t^nS~ SfaffnJ-. of the city of _Moloil..L
my oath, and under penalty of pe~ury, depose and say that
according to law on
offiCI
l-L tha bidder making the
, Proposal for the roject escribed in the Request for Proposals 'for
~.r..(~~~~~mv... 6f'Tlcln.l..id VQ.<,sgjs A- f'lb.nru.. and that I executed the said
proposal wlth full authority to do 50; ~i!l.
2. tha prices in this bid have been arrived at IndependenUy without collusion.
consultation. communication or agreement for the purpose of resbictlng
competltlon, as to eny matter relating to such prices with any other bidder or with
any compeUtor;
3. unless otherwlsa required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by tha 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
no attempt has been mede 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 resbictlng competition;
5. the statements contained in this affidavit are true and correct, and made with fuR
knowledge that Monroe County relies upon the truth of the statements contained In
this affidavit In awarding contracts for said projact.
1.
lam
of the f1nn of
4.
.
~re)~U
Date: cgJo 1/08
STATE OF: Ata~
COUNTY OF: _~ O~J JJi I-.. ,
Subscribed and sworn to (or affInned) before me on
~ .hyu..~_1 { 2-.Q:p-e.~
(date)by {'v\q. Art- S:~o.~~
(name of affiant). He/She is
personally known to me or has produced
.
ERIKA IIINT
. ,," ry' PUBLIC.IWJJM STATE M LARGE
t)MMISSION EXPIRES 03-29-201 0
(type of ldentlflcatlon) as IdenUflcation.
C(~~YP~I~ H"\+
My Commission Expires: :? 2. q. I 0
.27-
.
DRUG-FREE WORKPLACE FORM
.
~)I\l9.erslgned vendor In accordance with Florida Statute 287.087 herebY certlfles that:
~ !:::mo.rOQ(\CAA \<)!U"V\CQS I LLC
(Name of Business)V J .
1. Publish a statement notifying employees that the unlawful manufacture, distribution.
dispensing, possession. or use of a controUed substance Is prohibited In the workplace
and specifying the actions that will be taken egalnst employees for violations of such
prohibition.
2. Inform employees about the dangars of drug abuse in the workpiece. the business' policy
of maintaining a drug"-free workplace, any avallabla drug counseling, rehabilitation. and
employee assistance programs, and the penalties that may be Imposed upon amployees
for drug abuse violations.
3. Give each employee engaged In providing the commodities or contractuel services that
are under bid a copy of the statement specified in subsaction (1).
4. In the stetement specified in subsection (1), notify the employees that, es 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 contenderre to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United Stetes or any stete, 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 partlclpation in a drug abuse assistence
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 malntein 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.
~re)~U
Date: (j/}.Io II OR
STATE OF: A (GI ~.A.lV'IO-.....
COUNTY OF: -\3.- Q~J.Al: '--'"
Subscribed and swom to (or affirmed) before me on
:fPbY~ (, ~<?,
(date) by (Vln.IV \::- ~o. #"'iVci (name of affiant). He/She Is
personally known to me or has produced
.
ERIKA HUNr
NOTARY PIJBI.IC. AlABAMA STAlE 1J LARGE
M'ttOMMISSION EXPIRES 03.29.2010
(type of identification) as Identification.
q~YP~I~~
My Commission Expires: ~. 2. q. IJ.i
-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 mey 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 e 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 plact!d on the convicted vendor list.'
I have reed the above end state that neither 1)1(:, f. S ILL. c... (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
~)~
Date: ['}f){OI(08
.
STATE OF: A\Ol~
COUNTYOF;_~ OnPJ.A )~I.-.. ,
Subscribed and sworn to (or affirmed) before me on
~u.O-.X'j \ I
(date) by ~ L
2-00<6
~~yeP
(name of affiant). He/She Is
personally known to me or has produced
ERIKA HUNt
MOlAR'( PUBlIC A\AB.AJM STAlE ftJ lARGE
MY COMMIsSION EXPIRES 03-29.2010
(type of Identification) as identification.
U IJA tnA/vl-f
NOTARY PUBLIC
My Commission Expires: 3. 2q. iO
-.
-29-
CERTIFICATE OF INSURANCE
NO
253
CERTIFICATE HOLDER
NAMED INSURED
DRC I'ne.
DRC Emergency Services LLC
DRC. Inc.. DRC Emergency Services. LLC
740 Museum Drive
Mobile, AL 36608
Sample
o NO Do all policies" contain". Waiver of Subrogation in favor of Certificate Holder if required by written contract?
o NO Do all policies except the Worken I Compensation name the Certificate Holder as Additional Insured if required by written contract?
D NO Do policies provide 30 days writ1eD notice of cancellatioD to Certificale Holdei'!
D NO Is coveraae UDder all iDSUl1loce carried by Named IDsured PriIDllI)l Iosuraoce if required by wnu.D CODtnct?
LIMITS OF LIABILITY IN
NFlRMATION TYPE OF INSURANCE POllCY POllCY THOUSANDS
OF COVERAGE NUMBER PERIOD (000)
WORKERS' COMPENSATION &: XSWC-070343 03/01/2005 WORKllRS COMPENSATION
EMPLoYERS LIABILITY 03/0112008
D NO U. S. Loogshoremeo's and Hamor Workers' EMPLOYERS LlABILlTY
Each Accident $1.000
Compeosalioo Act Coveraae Disease - Policy Limit . $1.000
D NO OU.... COD_ SbelfLaod Act Disease - Each Employee $1.000
DNO loDeS Act (ioc1udIoa TnnspoI1lltiOD. W.....
).I.intP.1ullV'e. aDd Cure). Death OD the High MARITIME EMPLOYERS
Bess Act &: GeueraI Maritime Law LlABILlTY $1.000
D NO VoIwdary CompeosatioD Eodol1lemenl
D NO 0dIer States Iosuraoce
D NO Al1emate EmpIoyerlBorrowed s.rvlDt Eodonemem
D NO ''In Rem" EDdonemeDt
D NO Gulf of Mexico Territorial Ex_ioD
GENERAL LIABILITY XSOUJ72995 03/0112005
Form &: EdltioD Date ISO CO 00 0111/88 03/01/2008 GeueraI Aggregm UoIimIled
Products-ComplOFS Au. $ 3.000
D NO Broad Form Property Damaae Liability PmooaI &: AdvertisiD& lojury $1.000
ioc1udIoa X. c. U Each 0ccurreDce $1.000
I/llYES D NO ProductsICompleted Opel1ltioDS Fire Damaae $ SO
J3 YES D NO CoDlraclUal Uability (ADy ODe fire)
IlYES D NO Budd"" and AecideotaIPollutioD LlabDity Medical Expcmae $ 5
llDYES D NO 0ccurreDce Form (ADy Doe penoD)
IJYES D NO Peraooallojury
llDYES D NO "In Rem" EDdonement
I/llYES D NO Croas Uability
lllI YES D NO Warercn.ft exclusion bas been modified by the
vessels CDdorsement on scheduled equipment
~ '.
!i .Ei
~ORO",' CERTIFICATE OF LIABILITY INSURANCE 12!2MOO7
THIS CERTIFICATE IS ISSUED /IS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
BLACKMON AGENCY, iNC.
4 HAND AVENUE
BAY MlNETI'E
AL
36507
INSURERS AFFORDING COVERAGE
INSURER A: AMERICAN iNTERNATIONAL SPECIALTY AlG
COR
DR C EMERGENCY SERVICES LLC
740 Museum Drive
Mobile AL 36608
INSURER B:
INSURER c:
INSURER D:
IN R'
IERAGES
IE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
IV REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
\Y PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALl THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
>LICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POUCY EFFEC11VE pOLICY EXPIRATION
PO
UII
RRE
FIRE~ OMftre
lIED
_UA&ITY
RCIAI.~lABlUTY
CLANS MAIlE U OCCUR
&I'DOI
EN RE
PIl - OIIP
UA&ITY
_ AUTO
AlL OWNED AUTOS
sCHEDULED AUTOS
HIRED AUTOS
NON-<>WNED AUTOS
COMBINED SINGlE LMT
(Ea_
,
BODIlY INJURY
(P.. peraon)
,
BODILY tNJURY
(p. MJCidWIl)
,
PROPERTY DAMAGE
(Pw_
,
OTHER 1HAN
AUTO ONLY:
EA
y-
EACH
_ LIAUJT'f
OCCUR 0 C...... MAIlE
:n!
DEDUCT1IlLE
o1HEICONTRACTORS
POLLUTION POLICY
CPLl328289
03/01/2007
03/01/2008
we STATU-
L EAC!! AC
E.L DI -EA
o
PER OCCURENCE: $ 5,000,000
AGGREGATE: $ 5,000,000
OJK.
WOItKDI8 COIIP8NSATION AND
IIIPLOftU' UAKJTY
ecltPl10N OF OPIItATIONSILOCA'nONBNIH1CI..UJEXCI,.U1lONI ADDED av ENDORHIIENTIBPECIAL PMMSIONI
CERTIFICATE HOLDER
CANCELLATION
DRC INC.
IHOULDAItt OPTlmAW:NI DEICItIHDPOUCIE8 RCA........ 11m ~ THI EXPIItA'nON
DATE TKIRI!Of'. THE __ INSUItIR WLL eNDEAvoR. TO 11M. ~ DAYS WRITTIN
NOTICE TO THE CERTFlCATE HOLDI5It NAII8D TO THE LEFT. BUT FAILURE TO DO 80 SHAlL
...pOSE NO OIIu:'-'TION OR UAKlTY Of AKY KIND UPON THE _~~~n:!-~ OR
A
.
ACORD 25-$ (7/87)
.
.
-.
HOLD HARMLESS AGREEMENT
To the fullest extent permitted by law, Contractor shall indemnify, defend and hold
harmless the City, any of its agencies and all City officials, agents and employees, from
and against all claims, including but not limited to, claims for injuries, property damage,
or death arising out of or resulting from the performance of the contract or any related
subcontract. Contractor's obligation to indemnify, defend, and hold harmless includes any
claim by Contractors' agents, employees, representatives, or any subcontractor or its
employees. Contractor expressly agrees to indemnify, defend, and hold harmless the City
for any claim arising out of or incident to Contractor's or any subcontractor's performance
or failure to perform the contract. Contractor shall be required to indemnify, defend, and
hold harmless the City only to the extent the claim is caused in whole or in part by
negligent acts or omissions of Contractor.
IN SIGNING THIS RELEASE, I ACKNOWLEDGE AND REPRESENT THAT I have
read the foregoing Waiver of Liability and Hold Harmless Agreement, understand it and
sign it voluntarily as my own free act and deed; no oral representations, statements, or
inducements, apart from the foregoing written agreement, have been made; I am at least
eighteen (18) years ofage and fully competent; and I execute this Release for full,
adequate and complete consideration fully intending to be bound by same.
Signed on this l(First) day ofFebruarv. 2007.
~o~~erations Officer