09/17/2008 AgreementDANNY L. KOLHA GE
CLERK OF THE CIRCUIT COURT
DATE:
TO:
ATTN:
FROM:
October 2, 2008
Dent Pierce, Director
Public Works Division
Beth Leto, Assistant Director
Public Works Division
Isabel C. DeSantis, , D.C.
At the September 17, 2008, Board of County Commissioner's meeting, the Board
approved the following:
One-year residential Lease Agreement with a Monroe County Sheriff Deputy to reside in
a Monroe County owned residence (Location Q.
Award of Bid for a Contract with EE & G Environmental Services, LLC, for beach
cleaning, maintenance & beautification of Higgs Beach, Key West.
First Renewal Agreement with Siemens Building Technologies, Inc., for the testing,
certification, and maintenance of the Monroe County Detention Center' fire alarm system,
building automation system, and smoke control system; the Sheriff Administration Building'
fire alarm system and building automation system; the Juvenile JusticeCenter' fire alarm system
and building automation system; and the Courthouse Annex' fire alarm system.
Enclosed are fully executed duplicate originals of the above -mentioned for your handling.
Should you have any questions please do not hesitate to contact this office. Thank You.
cc: County Attorney
Finance
File
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
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AGREEMENT FOR
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND ry
BEAUTIFICATION, HIGGS BEACH, KEY WEST
MONROE COUNTY, FLORIDA
This Agreement is made and entered into this 0day of .047 2008, between cD
MONROE COUNTY, FLORIDA ("COUNTY"), a political subdivision of the State of
Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, and EE&G
ENVIRONMENTAL SERVICES, LLC. ("CONTRACTOR"), a Florida limited
liability company, whose address is 14505 Commerce Way, Suite #400, Miami, Lakes,
FL 33016.
WHEREAS, COUNTY desires to provide professional beach cleaning, mainten-
ance and beautification, Higgs Beach, Key West, Monroe County, Florida, and
WHEREAS, CONTRACTOR desires and is able to provide professional beach
cleaning, maintenance and beautification, Higgs Beach, Key West, Monroe County,
Florida; and
WHEREAS, it serves a legitimate public purpose for CONTRACTOR to provide
professional beach cleaning, maintenance and beautification, Higgs Beach, Key West,
Monroe County, Florida, now therefore,
IN CONSIDERATION of the mutual promises and covenants contained herein,
it is agreed as follows:
1. THE AGREEMENT
The Agreement consists of this document, the bid documents and the attached exhibits
only.
2. SCOPE OF THE WORK:
This project requires the furnishing of all labor, materials, equipment, tools,
transportation, services, incidentals, all D.E.P. and the Army Corp. of Engineer's
requirements and permitting, and the performing of all work necessary in accordance
with the specifications as follows:
A. Required Services:
The required services to be performed by the Contractor shall be to clean
and maintain the entire length and width of the designated public beach
areas from the waters edge to the curb line or nearest edge of the pavement
Agreement
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
of the public road nearest to and paralleling the beach area including the
area between the White Street Pier and West Martello Towers, six days
per week, weather and/or environmental conditions permitting. See
Exhibit "A" attached for a map detailing the beach cleaning area
dimensions. Cleaning and maintaining includes daily, except Wednesday,
seaweed and trash removal by the contractor. Proper disposal of seaweed
shall be the contractor's responsibility. Cleaning and maintaining of the
beach area is to be completed by 9:30 a.m. Higgs Beach must be cleaned
using the Beach Tech 3000 machine or an equivalent (to be determined by
the department head).
The contractor shall maintain all work areas within and outside the project
boundaries free from any environmental pollution which would be in
violation of any federal, state, or local regulations.
All debris, trash and seagrass removed from the beach shall be properly
disposed of at an approved landfill and/or transfer station. The contractor
shall provide copies of all dump tickets with the monthly invoice for the
County's records.
Work is likely to be influenced by the tides. The tides can have an effect
on the timing and work schedule. No extra claims shall be made for the
tides or for other natural weather conditions.
The Contractor will coordinate the beach cleaning action with the FDEP,
Office of Beaches & Coastal Systems, to ensure that the expertise and
overall desires of the Department with respect to beaches and shores are
included in the everyday cleaning operation, all in accordance with the
requirements of Chapter 161, Florida Statues.
The Contractor shall obtain and maintain all necessary permits and
approvals and shall comply with all federal, state and local laws and
regulations concerning the subject matter of the Contract Documents.
B. Alert:
The Monroe County Board of County Commissioners has beach cleaning
regulations in the Monroe County Code, Chapter 13, Article IV, regarding
protection of sea turtles (attached). The Contractor shall use its best
efforts to observe and to immediately notify the Sr. Director of Lower
Keys Operations of any sea turtle nesting, attempted nesting or crawl
activity in the contracted areas. The Contractor shall also coordinate and
cooperate with State Agencies and sea turtle conservation groups during
turtle nesting season. No beach cleaning activities shall take place during
April 15 through October 31 until Save -a -Turtle representatives and/or the
Contractors Certified Turtle Inspector, have walked the beaches.
Agreement
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
C. Mechanized Equipment:
Each vehicle utilized on the beaches shall have sufficient lights to
illuminate its working area. Each vehicle utilized on the beach shall be
identified by a registration number, which has been assigned by the State
of Florida. All mechanized equipment that will be transporting debris,
trash, litter, seaweed, sand, and refuse to a disposal site, or to and from the
beach areas, shall be registered with the Florida Department of Highway
Safety and Motor Vehicles, and shall be enclosed or completely covered to
prevent discharge. All vehicles transporting debris or equipment shall
travel along major arterial roads. Residential roads or streets may not be
used, except where no other means of ingress and egress are available.
The Contractor shall submit technical data of all beach cleaning equipment
for review and approval by the Sr. Director of Lower Keys Operations.
The cleaning process should not remove significant amounts of sand from
the beach.
D. Debris, Trash and Litter Removal:
i. Debris, trash and litter removal, wood, plastic, glass, paper, tar,
pine needles, palm fronds, coconuts, tree limbs, metal objects and
other forms of debris, trash and litter deposited on the beach by the
ocean or by bather usage, shall be raked up and removed to the
disposal site on a daily, except Wednesday, basis.
ii. Trash Removal: Fixed or mobile trash containers of any nature;
round, square, wood, or metal, provided by the County that are
located anywhere on the sand and seaward of the curb or edge of
the pavement of the nearest road paralleling the Beach area, shall
be emptied and hauled to disposal site on a daily, except
Wednesday, basis. Contractor is responsible to provide all trash
bags for the containers provided by the County.
iii. Trash floating in the water behind seaweed shall also be removed.
E. Seagrass:
The Contractor shall rake up all seagrass including the tide level strand
line whenever located on the beaches and haul it to the disposal site. The
Contractor is responsible for disposing of seaweed in such a manner which
would not be in violation of any federal, state, or local regulations.
When seaweed rack is greater than 10" in depth, the contractor shall use
an initial cleaning method to supplement the final Beach Tech cleaning.
Agreement 3 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
F. Emergency Services:
The County Sr. Director of Lower Keys Operations shall contact the
Contractor immediately when an emergency call is needed. The
Contractor shall also notify the Sr. Director of Lower Keys Operations at
292-4431 immediately in the event of a facility emergency. The
Contractor shall respond to all emergency calls which occur during normal
working hours and holidays and weekends within three hours of
notification by the County. The Contractor shall invoice the County for
after -hour, weekend and holiday emergencies based on the applicable
hourly rate indicated in the contract.
G. Hazard Management:
The Contractor agrees to provide such hazard management services as the
Owner's representative may request. The Contractor agrees to be
available for the performing of such services on an emergency basis and
shall respond to the request for the correction of such hazardous
conditions, within a 24 hour period, such services shall be at additional
hourly costs as established by the Bid Proposal, and include, but are not
limited to, the shoring of eroding and deteriorated walkways by moving
fill into place around them, grading storm -cut escarpments and removing
threatening debris. Foreign material in excess of one ton which must be
lifted at once is excluded from the Contractor's responsibility.
H. Protection of Air Quality
The air pollution likely to occur due to construction operations shall be
minimized by, requiring the use of properly operating combustion
emission control devices on construction vehicles and equipment used by
contractors, and by encouraging the shutdown of motorized equipment not
actually in use.
Trash burning will not be permitted on the constructions site.
I. Erosion Control and Beach Repair:
The Contractor shall possess equipment capable of providing certain
beach repairs and erosion control measures. The beach is from time to
time in need of certain measures for erosion control and repair and,
accordingly, the Contractor agrees to provide the following services to the
extent of reasonable capability:
i. Backfilling of washouts, particularly at the foot of any stairs or
entrance ways.
ii. Grading of excess sand deposits.
Agreement 4 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY VVEST, MONROE COUNTY, FLORIDA
iii. Grading of deep sand furrows and escarpments to a more easily
navigated slope.
iv. Adding sand to and grading around beach structures.
v. Spreading sand provided by the County to replenish sand loss due to
storms and/or erosion.
vi. Periodic placing and spreading sand on the beaches as directed by the
Sr. Director of Lower Keys Operations.
J. Erosion Control:
The Contractor agrees to maintain the contour of the Beaches against
further wave action, and to maximize the usable sandy portion of the
beach for recreational enjoyment.
K. Hurricane Conditions:
In the event a hurricane, major storm, or act of God deposits unusual and
excessive amounts of material on the beach, and the Owner's
representative reasonably agrees that such deposits are indeed excessive,
the Contractor shall respond to the owners request within twenty-four
hours of notification .
L. Attorney's Fees:
In the event suit is brought by either party relative to this Agreement, the
prevailing party shall be entitled to collect all reasonable costs and
expenses of suit, including, but not limited to reasonable attorney's fees.
The venue for any dispute concerning this agreement shall be in Monroe
County, Florida.
M. Equipment Parking
Equipment parking is provided adjacent to the Monroe County Public
Works storage area (North side of Higgs Beach property).
N. Submittals:
Submittals are required for the following:
Beach Tech 3000 or equivalent (as approved by the Sr. Director) —
data sheets
ii. Schedule
iii. Florida Department of Environmental Protection, Office of
Beaches & Coastal Systems Beach Cleaning Permit
iv. Front End Loader with long pronged bucket
Agreement 5
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
V. Dump Truck
vi. Beach tilling contractor and equipment
vii. Seaweed disposal plan
Sec. 13-61. Definitions.
(a) Adjacent waters means waters abutting a nesting area and extending three
hundred (300) feet to either side of it, and out to either three hundred (300) yards offshore
or the limits of the property line, whichever is further.
(b) Artificial light or artificial lighting means the light emanating from any man-
made; or man -controlled device.
(c) Beach means the zone of unconsolidated material that extends landward from the
mean low-water line to the place where there is a marked change in material or
physiographic form, or to the line of permanent vegetation, usually the effective limit of
storm waves.
(d) Beach berm means a bare, sandy shoreline with a mound or ridge of
unconsolidated sand that is immediately landward of, and usually parallel to, the
shoreline and beach. The sand is calcareous material that is the remains of marine
organisms such as corals, algae and molluscs. The berm may include forested, coastal
ridges and may be colonized by hammock vegetation.
(e) Bug type bulb means any yellow colored incandescent light bulb, not to exceed
twenty-five (25) watts, that is marketed as being specifically treated in such a way so as
to reduce the attraction of bugs to the light.
(t) Cumulatively illuminated means illuminated by numerous artificial light sources
that as a group illuminate any portion of the beach.
(g) Daylight hours means the locally effective time period between sunrise and
sunset.
(h) Hatchling means any species of marine turtle, within or outside of a nest, that has
recently hatched from an egg.
(i) Indirectly illuminated means illuminated as a result of the glowing element(s),
lamp(s), globe(s), or reflector(s) of an artificial light source, which source is not directly
visible to an observer on the beach.
0) Jurisdictional boundaries, sea turtle protection, means the area on contiguous
land within three hundred (300) feet of an identified or potential nesting area.
(k) Mechanical beach cleaning means any mechanical means by which debris,
including but not restricted to trash, litter, seaweed or seagrass wrack, is removed from
the beach.
(1) Nest means the area in and around a place in which sea turtle eggs are naturally
deposited or relocated beneath the sediments of the beach.
(m) Nesting area means both identified nesting areas and potential nesting areas.
Agreement 6 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY 'NEST. MONROE COUNTY. FLORIDA
(n) Nesting area, identified means any area where sea turtles have been or are
currently nesting, and the adjacent beach or other intertidal areas used for access by the
turtles.
(o) Nesting area, potential means any area where sea turtle crawls have been
observed.
(p) Nesting season means the period from April 15 through October 31 of each year.
(q) Permitted agent of the state means any qualified individual, group or organization
possessing a permit from the Department of Environmental Protection to conduct
activities related to sea turtle protection and conservation.
(r) Sea turtle(s) means any specimen belonging to the species Caretta caretta
(loggerhead turtle), Chelonia mydas (green turtle), Dermochelys coriacea (leatherback
turtle:), Eretmochelys imbricata (hawksbill turtle) or any other marine turtle using Monroe
County beaches as a nesting habitat.
(s) Tinted glass means any glass which: (a) has been treated to achieve an industry -
approved, inside -to -outside light transmittance value of forty-five (45) percent or less
(such transmittance is measured as the percentage of visible light that is transmitted
through the glass); (b) has a minimum five (5) year warranty for the level of light
transmittance specified in (a) above; and (c) has performance claims which are supported
by approved testing procedures and documentation.
(Ord. No. 8-1994, § 1; Ord. No. 10-1998, § 1, 3-11-98)
Sec. 13-62. Prohibition of activities disruptive to sea turtles.
(a) Prohibition of horseback riding, campfires, and vehicular traffic. Horseback
riding; and campfires shall be prohibited on nesting areas during the nesting season.
Vehicular traffic shall also be prohibited on nesting areas during the nesting season
except for emergency and law enforcement vehicles, vehicles permitted on the beach for
marine turtle conservation or research, or vehicles used for beach cleaning in compliance
with section 13-65, Standards for mechanical beach cleaning.
(b) Prohibiting storage or placement of any material in the nesting area. The storage
or placement of any material such as but not limited to construction material, rip -rap,
trash and debris, mulch or other organic material, landscaping material, fill, vehicles, or
boats., that has potential to impede movement of hatchlings or adults between ocean and
nesting areas, or that may cover existing nests or nesting sites is strictly prohibited.
(c) Development. All development shall be set back a minimum of fifty (50) feet
from any area which serves as an active or potential nesting area for marine turtles. The
fifty (50) foot setback will be measured from the landward toe of the most landward
beach berm or from fifty (50) feet landward of mean high water (MHW), whichever
results in the smaller total setback. The maximum total setback shall be one hundred
(100) feet from MHW.
(Ord. No. 8-1994, § 2; Ord. No. 10-1998, § 1, 3-11-98)
Agreement
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY (NEST, MONROE COUNTY, FLORIDA
Sec. 13-63. Standards for exterior artificial lighting.
To prevent exterior artificial lighting from illuminating the jurisdictional boundaries or
adjacent waters during the nesting season, the following measures shall be taken to
reduce or eliminate the negative effects of new or existing artificial lighting:
(a) Exterior artificial light fixtures within direct line -of -sight of the beach shall be
designed, positioned, modified, or removed so that:
(1) The point source of light or any reflective surface of the light fixture is not
directly visible from the beach.
(2) The area within the jurisdictional boundaries is not directly, or indirectly
illuminated.
(3) The area within the jurisdictional boundaries is not cumulatively illuminated
(b) Measures such as but not limited to the following shall be taken to reduce or
eliminate the negative effects of new or existing artificial beachfront lighting through
appropriate design:
(1) Positioning of fixtures so that the point source of light or any reflective surface of
the light fixture is eliminated or is no longer visible from the beach.
(2) Replacement of fixtures having an exposed light source with fixtures containing
recessed light sources or shields.
(3) Replacement of traditional light bulbs with yellow bug type bulbs not exceeding
twenty-five (25) watts or low-pressure sodium vapor lamps.
(4) Replacement of nondirectional fixtures with completely shielded directional
fixtures that point down and away from the beach.
(5) Replacement of fixture having transparent of translucent coverings with fixtures
having opaque shields covering an are of at least one hundred eighty (180) degrees and
extending an appropriate distance below the bottom edge of the fixture on the seaward
side so that the light source or any reflective surface of the light fixture is not visible from
the beach.
(6) Replacement of pole lamps with low -profile, low-level luminaries no higher than
forty-eight (48) inches off the ground such as low -mounted wall fixtures, low bollards,
and ground -level fixtures, so that the light source or any reflective surface of the light
fixture is not visible from the beach.
(7) Replacement of incandescent, fluorescent, and high -intensity lighting with the
lowest wattage low-pressure sodium vapor lighting possible for the specific application.
(8) Planting or improvement of landscape vegetation in compliance with the land
development regulations (chapter 9.5-345 environmental design criteria) between the
light source and the beach to screen light from the beach.
(9) Construction of ground level barriers in compliance with the land development
regulations (chapter 9.5-345 Environmental design criteria) to shield light sources from
the beach.
Agreement 8 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY \NEST, MONROE COUNTY, FLORIDA
(10) Limitation of exterior lights used expressly for safety or security purposes. Any
such lighting allowed must conform to the measures set forth in this section in order to
reduce or eliminate negative effects on sea turtles.
(11) Permanent removal of all floodlights, uplights, or spotlights used for decorative or
accent purposes.
(12) Permanent removal or disabling of any fixture which cannot be brought into
compliance with the provisions of these standards.
(13) Shielding or modification of any existing lighted sign pursuant to the land
development regulations (chapter 9.5-345 environmental design criteria) such that it is
not directly visible from the beach.
(Ord. No. 8-1994, § 3; Ord. No. 10-1998, § 1, 3-11-98)
Sec. 13-64. Standards for interior artificial lighting.
To prevent interior artificial lighting from illuminating the jurisdictional boundaries or
adjacent waters during the nesting season, measures such as but not limited to the
following shall be taken to reduce or eliminate the negative effects of new or existing
interior light emanating from doors and windows:
(a) Interior artificial lighting within direct line -of -sight of the beach shall be
designed, positioned, modified, or removed so that:
(1) The point source of light or any reflective surface of the light fixture is not
directly visible from the beach.
(2) The area within the jurisdictional boundaries is not directly or indirectly
illuminated.
(3) The area within the jurisdictional boundaries is not cumulatively illuminated.
(b) Measures such as but not limited to the following shall be taken to reduce or
eliminate the negative effects of new or existing interior beachfront lighting through
appropriate design:
(1) Use of window treatments such as blackout draperies, shade -screens or blinds to
shield interior lights from the beach.
(2) Installation of new windows which meet the standards for tinted glass or, for
existing windows, an application of window tint or film that meets the standards for
tinted glass.
(3) Turning off all unnecessary interior lights.
(4) Arrangement of lamps and other moveable light fixtures away from windows.
(5) Appropriate interior design to eliminate overhead lighting which could illuminate
the nesting beach.
(6) For new construction within line of sight of the beach, tinted glass shall be
installed on all windows and glass doors of single -or multi -story structures.
Agreement 9 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
(Ord. No. 8-1994, § 4; Ord. No. 10-1998, § 1, 3-11-98)
Sec. 13-65. Standards for mechanical beach cleaning.
All mechanical beach cleaning activities designed to remove debris from the beach or
redistribute debris on the beach through the use of motorized vehicles or other
mechanical means shall comply with the following standards:
(a) Timing: Beach cleaning shall be confined to daylight hours during the nesting
season.
(b) Mode of operations: During the nesting season (April 15 through October 31):
(1) Beach cleaning operations shall be limited to the area seaward of the strand line
(previous high tide mark).
(2) Light -weight motorized vehicles having wide, low -profile, low-pressure tires, or
hand raking shall be used to conduct beach cleaning operations.
(3) Devices used for removing debris from the beach shall be designed and/or
operated such that they do not penetrate beach substrate by more than two (2) inches.
(4) Operators shall be educated to identify a sea turtle crawl (turtle tracks), recognize
and avoid a sea turtle nest, report nests and/or crawls to a permitted agent of the state.
(5) All excess raked material must be removed from the beach and disposed of
properly or stored in an upland area as approved by the director of environmental
resources. With special approval from the director of environmental resources and the
state department of environmental protection, limited quantities of organic material may
be incorporated into the substrate in order to enhance the beach/berm system.
(c) Coordination of beach cleaning operations with state -sanctioned scientific
studies. All beach cleaning operations shall be coordinated through the state to ensure
that these operations do not interfere with state -sanctioned scientific studies or surveys of
sea turtle nesting activities.
(d) Authorization. Any person performing mechanical beach cleaning must have a
current permit from the Florida Department of Environmental Protection for the area
being cleaned.
(Ord. No. 8-1994, § 5; Ord. No. 10-1998, § 1, 3-11-98)
Sec. 13-66. Protection from predation.
(a) No predatory pets or pets likely to have a potential for being disruptive or
damaging to nesting turtles, hatchlings, or nests shall be allowed to roam loose and
unsupervised within the jurisdictional boundaries during the nesting season. Such pets
include but are not limited to dogs, cats, snakes, lizards or iguanas, ferrets and pigs.
(b) Feeding of raccoons, opossums and other wild animals within the jurisdictional
boundaries is prohibited.
(Ord. No. 8-1994, § 6; Ord. No. 10-1998, § 1, 3-11-98)
Agreement 10 April
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY (NEST, MONROE COUNTY, FLORIDA
Sec. 13-67. Penalty.
(a) Violations of this article may be prosecuted in the same manner as misdemeanors
are prosecuted. In such cases, the violations shall be prosecuted in the name of the state in
a court having jurisdiction over misdemeanors by the prosecuting attorney thereof and
upon conviction shall be punished by a fine not to exceed five hundred dollars ($500.00)
or by imprisonment in the county jail not to exceed sixty (60) days or both such fine and
imprisonment. Violations may also be prosecuted through proceedings before the Monroe
County Code Enforcement Board, or pursuant to chapter 76-435, Laws of Florida [App.
A, art. V, div. 3], or through any other lawfully available means including civil and
injunctive relief.
(b) The property owner and, where applicable, the designee, agent, tenant, lessee, or
assignee, shall each be held responsible for adherence to Article IV, Protection of Sea
Turtles.
(Ord. No. 8-1994, § 7; Ord. No. 10-1998, § 1, 3-11-98)
Secs. 13-68--13-80. Reserved.
3. PAYMENTS TO CONTRACTOR
A. COUNTY'S performance and obligation to pay under this agreement, is
contingent upon annual appropriation by the Board of County Commissioners.
COUNTY shall pay in accordance with the Florida Local Government Prompt Payment
Act; payment will be made after delivery and inspection by COUNTY and upon
submission of a proper invoice by CONTRACTOR.
B. CONTRACTOR shall submit to COUNTY invoices with supporting
documentation acceptable to the Clerk, on a monthly schedule in arrears. Acceptability
to the Clerk is based on generally accepted accounting principles and such laws, rules and
regulations as may govern the Clerk's disbursal of funds. The Contract amount shall be
as stated by the CONTRACTOR's bid as follows:
$ 8 083_33 per month regular hours - six (6) days per week (including equipment
costs and dumping)
$997000_00 Total annual fee for services
$ 616_00 per hour emergencies (ex. Post -hurricanes, including equipment costs &
dumping fees)
4. TERM OF AGREEMENT
This .Agreement shall commence on October 1, 2008, and ends upon September 30,
2009, unless terminated earlier under paragraph 18 of this Agreement.
The COUNTY shall have the option to renew this Agreement for up to an additional two
(2) one year periods at terms and conditions mutually agreeable to the parties, exercisable
upon written notice given at least 30 days prior to the end of the initial term. Unless the
Agreement 11 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY )NEST, MONROE COUNTY, FLORIDA
context clearly indicates otherwise, references to the "term" of this Agreement shall mean
the initial term of one (1) year.
The Contract amount shall be adjusted annually in accordance with the percentage
change in the U.S. Department of Commerce Consumer Price Index (CPI-U) for all
Urban Consumers as reported by the U.S. Bureau of Labor Statistics and shall be based
upon the CPI-U computation at December 31 of the previous year.
5. ACCEPTANCE OF CONDITIONS BY CONTRACTOR
CONTRACTOR has, and shall maintain throughout the term of this Agreement,
appropriate licenses. Proof of such licenses and approvals shall be submitted to the
COUNTY upon request.
6. FINANCIAL RECORDS OF CONTRACTOR
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 monies paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec.
55.03, FS, running from the date the monies were paid to CONTRACTOR.
7. 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.
8. HOLD HARMLESS AND INSURANCE
CONTRACTOR covenants and agrees to indemnify and hold harmless Monroe County
Board of County Commissioners from any and all claims for bodily injury (including
death), personal injury, and property damage (including property owned by Monroe
County) and any other losses, damages, and expenses (including attorney's fees) which
arise out of, in connection with, or by reason of services provided by CONTRACTOR
occasioned by the negligence, errors, or other wrongful act or omission of
CONTRACTOR, its employees, or agents.
The extent of liability is in no way limited to, reduced, or lessened by the insurance
requirements contained elsewhere within this agreement. Failure of CONTRACTOR to
Agreement 12 April
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY \NEST, MONROE COUNTY, FLORIDA
comply with the requirements of this section shall be cause for immediate termination of
this agreement.
Prior to execution of this agreement, CONTRACTOR shall furnish the COUNTY
Certificates of Insurance indicating the minimum coverage limitations in the following
amounts:
WORKERS COMPENSATION AND EMPLOYER'S LIABILTIY INSURANCE.
Where applicable, coverage to apply for all employees at a minimum statutory limits as
required by Florida Law. In addition, the CONTRACTOR shall obtain Employers'
Liability Insurance with limits of not less than $100,000.00 bodily injury by accident,
$500000.00 bodily injury by disease, and $100,000.00 bodily injury by disease, each
employee.
COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor
vehicle liability insurance, including applicable no-fault coverage, with limits of liability
of not less than $100,000.00 per occurrence, combined single limit for Bodily Injury
Liability and Property Damage Liability. Coverage shall include all owned vehicles, all
non -owned vehicles, and all hired vehicles. If single limits are provided, the minimum
acceptable limits are $50.000.00 per person, $100,000.00 per occurrence, and $25,000.00
property damage. Coverage shall include all owned vehicles, all non -owned vehicles,
and all hired vehicles.
COMMERCIAL GENERAL LIABILITY. Commercial general liability coverage with
limits of liability of not less than $300,000.00 per occurrence combined single limit for
Bodily Injury Liability and Property Damage Liability. If single limits are provided, the
minimum acceptable limits are $100,000.00 per person, $300,000.00 per occurrence, and
$50 000.00 property damage.
.. .• .- ••
MONROE COUNTY SHALL BE NAMED AS AN ADDITIONAL INSURED ON
ALL .POLICIES, EXCEPT WORKER'S COMPENSATION.
CERTIFICATES OF INSURANCE. Original Certificates of Insurance shall be provided
to the COUNTY at the time of execution of this Agreement and certified copies provided
if requested. Each policy certificate shall be endorsed with a provision that not less than
thirty (30) calendar days' written notice shall be provided to the COUNTY before any
policy or coverage is canceled or restricted. The underwriter of such insurance shall be
qualified to do business in the State of Florida. If requested by the County Administrator,
the insurance coverage shall be primary insurance with respect to the COUNTY, its
officials, employees, agents and volunteers.
Agreement 13 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY (NEST. MONROE COUNTY. FLORIDA
9. NON -WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of
COUNTY and 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 Agreement entered into by the COUNTY be required to
contain any provision for waiver.
10. INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners of Monroe
County. No statement contained in this agreement shall be construed so as to find
CONTRACTOR or any of his employees, subs, servants, or agents to be employees of
the Board of County Commissioners of Monroe County.
11. NONDISCRIMINATION
The parties 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. The parties agree to
comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: 1) Title VII of the
Civil Rights Act of 1964 (PL 88-352), which prohibit discrimination in employment on
the basis of race, color, religion, sex, and national origin; 2) Title IX of the Education
Amendment of 1972, as amended (20 USC §§ 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of
1973„ as amended (20 USC § 794), which prohibits discrimination on the basis of
handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC §§ 6101-6107),
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and
Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the
basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, §§ 523 and 527 (42 USC §§ 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patent records; 8) Title VI1I of the
Civil Rights Act of 1968 (42 USC §§ 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC §§ 1201), as amended from time to time, relating to
nondiscrimination in employment on the basis of disability; 10) Monroe County Code
Chapter 13, Article V1, which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; and 11) any other nondiscrimination provisions in any federal or
state :statutes which may apply to the parties to, or the subject matter of, this Agreement.
Agreement
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
12. ASSIGNMENT/SUBCONTRACT
CONTRACTOR shall not assign or subcontract its obligations under this agreement to
others, except in writing and with the prior written approval of the Board of County
Commissioners of Monroe County, which approval shall be subject to such conditions
and provisions as the Board may deem necessary. This paragraph shall be incorporated
by reference into any assignment or subcontract and any assignee or sub shall comply
with all of the provisions of this agreement. Unless expressly provided for therein, such
approval shall in no manner or event be deemed to impose any additional obligation upon
the board.
13. COMPLIANCE WITH LAW AND LICENSE REOUIREMMENTS
In providing all services/goods pursuant to this agreement, CONTRACTOR shall abide
by all laws of the Federal and State government, ordinances, rules and regulations
pertaining to, or regulating the provisions of, such services, including those now in effect
and hereinafter adopted. Compliance with all laws includes, but is not limited to, the
immigration laws of the Federal and State government. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and
shall entitle the Board to terminate this Agreement. CONTRACTOR shall possess
proper licenses to perform work in accordance with these specifications throughout the
term of this Agreement.
14. DISCLOSURE AND CONFLICT OF INTEREST
CONTRACTOR represents that it, its directors, principles and employees, presently have
no interest and shall acquire no interest, either direct or indirect, which would conflict in
any manner with the performance of services required by this contract, as provided in
Sect. 112.311, et. seq., Florida Statutes. 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.
Upon execution of this contract, and thereafter as changes may require, the
CONTRACTOR shall notify the COUNTY of any financial interest it may have in any
and all programs in Monroe County which the CONTRACTOR sponsors, endorses,
recommends, supervises, or requires for counseling, assistance, evaluation, or treatment.
This provision shall apply whether or not such program is required by statute, as a
condition of probation, or is provided on a voluntary basis.
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
Agreement 15 April
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY VVEST, MONROE COUNTY, FLORIDA
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.
15. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COUNTY'S credit or make it a guarantor of
payment or surety for any contract, debt, obligation, judgment, lien, or any form of
indebtedness. CONTRACTOR further warrants and represents that it has no obligation
or indebtedness that would impair its ability to fulfill the terms of this contract.
16. NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand
delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt
requested, to the following:
FOR COUNTY:
Monroe County
Facilities Maintenance Department
3583 South Roosevelt Boulevard
Key `West, FL 33040
and
County Attorney
PO. Box 1026
Key West, FL 33041-1026
17. TAXES
FOR CONTRACTOR:
EE&G Environmental Services, LLC
ATTN:
14505 Commerce Way, Suite 400
Miami Lakes, FL 33016
COUNTY is exempt from payment of Florida State Sales and Use taxes.
CONTRACTOR shall not be exempted by virtue of the COUNTY'S exemption from
paying sales tax to its suppliers for materials used to fulfill its obligations under this
contract, nor is CONTRACTOR authorized to use the COUNTY'S Tax Exemption
Number in securing such materials. CONTRACTOR shall be responsible for any and all
taxes, or payments of withholding, related to services rendered under this agreement.
18. TERMINATION
a. The COUNTY may terminate this Agreement with or without cause prior to
the commencement of work.
b. The COUNTY or CONTRACTOR may terminate this Agreement for cause
with seven (7) days notice to CONTRACTOR. Cause shall constitute a breach of the
obligations of either party to perform the obligations enumerated under this Agreement.
c. Either of the parties hereto may cancel this agreement without cause by giving
the other party sixty (60) days written notice of its intention to do so with neither party
having any further obligation under the term s of the contract upon termination.
Agreement 16 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
19. 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 Agreements 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 will lie in the appropriate court or before the appropriate administrative
body in Monroe County, Florida.
20. MEDIATION
The COUNTY and CONTRACTOR agree that, in the event of conflicting interpretations
of the terms or a term of this Agreement by or between any of them the issue shall be
submitted to mediation prior to the institution of any other administrative or legal
proceeding. 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.
21. 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.
22. ATTORNEY'S FEES AND COSTS
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 in both trial and appellate proceedings. Each party agrees to
pay its own court costs, investigative, and out-of-pocket expenses whether it is the
prevailing party or not, through all levels of the court system.
23. 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
COUNTY and CONTRACTOR. 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 COUNTY and CONTRACTOR, then any party shall have
Agreement 17 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
the riight to seek such relief or remedy as may be provided by this Agreement or by
Florida law.
24. 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.
25. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
26. 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.
27. CLAIMS FOR FEDERAL OR STATE AID
CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for,
seek, and obtain federal and state funds to further the purpose of this Agreement;
provided that all applications, requests, grant proposals, and funding solicitations shall be
approved by each party prior to submission.
28. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances,
and Hiles 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.
29. 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
Agreement
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY VVEST. MONROE COUNTY. FLORIDA
delegation of the constitutional or statutory duties of the COUNTY, except to the extent
permitted by the Florida constitution, state statute, and case law.
30. 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.
31. 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.
32. 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.
33. 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.
34. 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.
35. PUBLIC ENTITY CRIME INFORMATION STATEMENT
A person or affiliate who has been placed on the convicted vendor list following a
conviction for a public entity crime may not submit a bid on a contract to provide any
goods or services to a public entity, may not submit a bid on a contract with a public
entity for the construction or repair of a public building or public work, may not submit
bids on leases of real property to a public entity, may not be awarded or perform work as
a Construction Manager, supplier, subcontractor, or consultant under a contract with any
public entity, and may not transact business with any public entity in excess of the
Agreement 19 April 2008
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION, HIGGS BEACH
KEY WEST, MONROE COUNTY, FLORIDA
threshold amount provided in Section 287.017, for CATEGORY TWO for a period of 36
months from the date of being placed on the convicted vendor list."
36. MUTUAL REVIEW
This agreement has been carefully reviewed by Contractor and the County therefore, this
agreement is not to be construed against either party on the basis of authorship.
37. INCORPORATION OF BID DOCUMENTS
The terms and conditions of the bid documents are incorporated by reference in this
contract agreement.
38. ANNUAL APPROPRIATION
The County's performance and obligation to pay under this agreement is contingent upon
an annual appropriation by the Board of County Commissioners. In the event that the
County funds on which this Agreement is dependent are withdrawn, this Agreement is
terminated and the County has no further obligation under the terms of this Agreement to
the Contractor beyond that already incurred by the termination date.
IN WITNESS WHEREOF, COUNTY and CONTRACTOR hereto have executed
this Agreement on the day and date first written above in four (4) counterparts, each of
which shall, without proof or accounting for the other counterparts, be deemed an
original contract.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLOIDA
By: 4� a . �l�giy • 3
Deputy Clerk
07/30/2008
07/30/2008
Date
Agreement
NEY
By:
Mayor YYl oL r i o !:�> i e. vt to a. (a
Date: C1 I l 'l ) O 0
Si' ature of person authorized to
Timothy Gipe, President/CEO
Print Name
Address: 14505 Commerce Way, Suite 400
Miami Lakes, FL 33016
Telephone Number 305-374-8300
April 2008
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