05/13/1998 DV03A: 2621, 2622 & 2623
CONTRACT AGREEMENT
AGREEMENT, MADE THIS /311 day of~1998, by and
between, Arnold's Towing
("Contractor"), and the BOARD OF
COUNT~Y COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of
Monroe, State of Florida ("Board").
The C:ontractor and the Board, for the consideration named agree as follows:
1. The Contractor shall furnish all the materials and perform aU the work as
6 0 ~ ~
required by the Specifications for the emergency removal of DV03A2621, DV03~ ~ ~
rr& :.:Jt -< Z 0
and DV03A2623 for which Florida Marine Patrol Derelict Vessel Reports are attSh~<r ~ 6
c:: ;E.~ :0
as Exhibit A. ~~F? ~ ::0
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2. ~rhe work to be performed under this contract must be completed by M'i 31~ 19i&. ~
· (,.)0
3. The Contractor understands the rules of the Florida Department of Environmental
Protection and shall comply with those rules, along with the rules and procedures instituted by
the Board to ensure an orderly progress to the project. Both the intent and the requirements of
the Specifications, attached as Exhibit B, are understood by the COl}tractor.
4. l\he Board shall pay the Contractor $ 2.655.00 for the removal and legal disposal of
DY03A2621, DV03A2622, and DY03A2623. Payment will be upon completion of work by
the Contractor and review and approval by the Marine Projects Coordinator.
5. The attached Derelict Yessel Reports, Specifications, and the Monroe County Insurance
RequirerrLents together with this Agreement, form the Contract. They are fully a part of this
Contract as if repeated herein verbatim.
6. The Contractor covenants and agrees to indemnify and hold harmless the Monroe
County Eloard of County Comlnissioners from any and all claims for bodily injury (including
death), personal injury and property damage (including property owned by the County) and
1
other losses, damages, and expenses (including attorney's fees) which arise out of, In
connection with, or by reason of services provided by the Contractor or any of its
Subcontractor (s) in any tier, their employees or agents. The purchase of the insurance
required in paragraph 11 does not vitiate this indemnification provision.
7. 1'he Contractor agrees to supply the County with a set of photographs of each vessel in
all phases of the removal and disposal process. The Contractor will be responsible for the
camera, film, and development costs.
8. The Contractor must inform the County and the Florida Marine Patrol prior to initiation
of work.
9. The parties agree that a timely performance of this agreement is essential due to possible
damage to the natural resources, hazards to navigation, or threats to human health and welfare.
Therefore, the parties agree that the Contractor shall be liable to the Board for $100 per day of
liquidated damages for each day after 5-31-98 that the Contractor's obligations under this
agreement remain unperformed. The parties agree that such amount is by the way of
compensatory damages and does not constitute a penalty.
10. .Due to the use of heavy equipment and, at times, dangerous work environment, the
Contractor understands and agrees to maintain an alcohol an drug free work environment.
11. l~he Contractor will be responsible for all necessary insurance coverage as indicated by
an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms VL1,
WCl, WCJA, GL1, WLl, & POLl attached as Exhibit C. All policies must list Monroe
County as additional insured with the exception of the Worker's Compensation policy.
12. ~rhe Contractor warrants that it has not employed, retained or otherwise had act on its
behalf any fornler 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
2
Ordinance No. 020-1990. For breach or violation of this provision, the owner may, in its
discretion, terminate this contract without liability and may also, ill its discretion, deduct from
the contract 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.
J. 3. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity, may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
property to public entity, may not perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not, transact business with any
public entity in excess of the threshold amount provided in Section 287.017 of the Florida
Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the
convicted vendor list.
IN WITNESS WHEREOF each party hereto have executed this Agreement the day and
~~-:""""'~'-'~--.
y~~!rsr.w.r.itten above.
t-
(SEAL)
Attest: I)ANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MON E C:OUNTY, FLORIDA
....-
By:-R;~~~
Dep-- - Cler. a-
Witnessi- . Business Name: Arnold's Towing
Witness: iY--f &--c~~ ~X--O~,~_: tY-~/~,.j:) tc.)j!.V.,A.--(lJ/([;/
Title: Owner
B
3
FL r1HRINE PHTRCIL
Fax:30S-289-2326
Hpr 13 '98
14:36
P.03
EXHIBIT A
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INCIDENT NO. 98-3A- "?2.OJ9
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INCIDENT NO. 98-3A- 33 00
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INCIDENT NO. 98-3A- -a~o l
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LA TITUDE/LC)NGITUDE (DEGREES, MINUTES, SECONDS)
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5. SUlllVIERGED: ~ % DEPTH ---2L FT. ANCHORED DOCI<ED ADRIFT
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W ASI-IED ASI-IORE BELOW M.I-I.\V.L. ..-...... ABOVE M.IIW.L. OTI-IER
6. PlliVATE PltC'PEltrrV: OWNER/ADDRESS:
Sl~ATE SU13M[~RGED LAND:~ FEDERAL PROPERTY:_ o Tl-IER: (SPECIFY)
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10. I~ECOl\1l\1ENI)EDDISPOSITION: l~EAVEASlS_ TAlCETOLANDFILL ~ RECYCLE METAL
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EXHIBIT B
:DERELICT VESSEL REMOVAL CONTRACT SPECIFICATIONS
FOR MONROE COUNTY, FLORIDA
1. IN"TENT: It is intended that these specifications shall cover all aspects of the work.
Ttle purpose of this section is to provide specific conditions applicable to this
contract where such coverage is not provided in other portions of the documents.
2. BID FORMAT: A dollar amount per foot must be submitted for the removal of as
many derelict vessels on the primary list for which a Florida Marine Patrol Derelict
Vessel Report is provided and as funding will allow. Any deviation from this
format will result in an unaccented bid. A contract will not be granted on the basis
of combined, related, linked, or discounted bids. Not applicable due to emergency
rernoval of one or more derelict vessels for less than $25,000 total.
3. PL,ANS: There are no plans for this project, but copies of the Florida Marine
Patrol Derelict Vessel Report with location sketches have been bound into these
documents for the Contractor's use. The Specifications include a section on
instructions to bidders, both general and specific, and a copy of each Derelict
Vessel Report from the Florida Marine Patrol. Only those derelict vessels for
wl1ich a report is included and listed on the Bid Response Form are to be bid upon
and subsequently removed.
The County reserves the right to remove any or all vessels from this contract at any
tirrle prior to actual removal from the water and disposal by the Contractor.
The County has a limited amount of money to effect the removal of these derelict
vessels. We have established priorities based on public safety, navigational hazard,
and environmental considerations. If bids exceed the County's resources for
renaoval based on these considerations, we shall limit vessel removal based on the
cOllsiderations and cost effectiveness.
4. VE:SSEL IDENTIFICATION AND LOCATION: Each of the vessels have been
given "a derelict vessel identification number, which is sh6wn with the location in
tIle Florida Marine Patrol Derelict Vessel Report, included herewith.
Each bidder is responsible for his own identification of each derelict vessel as to
location, description and condition. If a derelict vessel cannot be (1) located, (2)
renloved, (3) verified and (4) disposed of, as specified in these procedures, then no
paymellt will be nlade forthcoming to tile Contractor for that vessel. Those four
conditions must be met on each derelict vessel along with compliance of all laws
for paYlnellt to be made.
It is understood that the Contractor has, by personal examination and inquiry, if
necessary, satisfied himself as to local conditions of each derelict vessel and as to
the meaning, requirements and reservations of the specifications; for after contract
letting, no deviation will be allowed. In case errors are discovered, they are
to be reported by the Contractor to the County. The county assumes no
responsibility should there be any discrepancies in what is stated in these
documents and what the bidder evaluates.
Trle Contractor should take special care to remove only those derelict vessel's on
his Contract and for which he possesses a Florida Marine Patrol Derelict Vessel
Report. Other derelict vessels in the area but not under Contract, cannot be
molested.
It lnay be possible to replace a derelict vessel of like kind; for the same or less
money, when mutual agreement can be reached by the Florida Department of
En.vironmental Protection, Monroe County Administrator of the Derelict Vessel
Program, and the Contractor. This will be applicable when a contracted derelict
vessel cannot be located. No derelict vessel may be replaced and removed without
the tri-party consent noted in this paragraph. A contractor may suggest a possible
replacement vessel but he may not remove it without the appropriate consent above.
5. SCOPE OF WORK: The Contractor shall be responsible for providing all permits,
supervision, labor, equipment, tools, fees and taxes required to complete this
project to the satisfaction of the County.
TIle Contractor's procedure and methods of removal may be of his own selection
provided they secure results which satisfy the requirements of the Specifications
and any necessary environmental permits.
Any vessel which is removed and disposed of shall be removed from its present site
in such a manner as to do the least possible damage to the natural environment.
All debris from the vessel shall be removed and the site left in a reasonably clean
corLdition. No oil or fuel shall be permitted to be dumped or spilled into or unto the
water or land.. All pollutants shall be removed from the derelict vessel prior to
renloval from the water.
The Contractor shall be responsible for making any and all arrangement for access
to the vessel to be removed. If private property has to be traversed, then written
permission of the owner is necessary. In removing a derelict vessel that may lie on
or near grass or sponge flats extreme caution must be used to do tIle least possible
danlage.
2
Prior to delivery of derelict vessels to the disposal site, the Contractor must remove
all oil, gas and engines. He must dispose of them in any legal manner. Pure used
oi]l will be taken by Monroe County for disposal. Mixture of oil, gas, seawater or
any combination of the three must be transported from the County by an approved
hazardous waste handler. The names of handlers will be supplied by the Monroe
County Solid Waste Department. Metal becomes the property of the Contractor.
6. M.A TERIALS AND WORKMANSHIP: The Contractor shall provide the
necessary materials and equipment to safely complete the job. The Contractor
agrees that all work shall be performed by competent employees who are
experienced and qualified to do the work specified, and that all work will be
performed in accordance with the best commercial practices. A list of equipment
to be used and a description of the removal and transporting procedures to be
followed must be provided to the County at the pre-work conference described
below.
Precaution shall be exercised at all times for the protection of persons and property.
Tb.e safety provisions of the Occupational Safety and Health Act of 1970 (Public
Law 91-596) and other applicable laws, including building and construction codes
shall be observed. Machinery, equipment and other hazards shall be guarded in
accordance with safety provisions of the "Manual of Accident Prevention in
Construction", published by the Associated General Confractors of America, to the
extent that such provisions are not in contradiction of applicable law.
If any property is destroyed by any cause or means whatsoever, the Contractor shall
reI)air and replace or not receive payment for the unaccomplished work. The
Contractor shall maintain suitable and sufficient guards and barriers, and at night,
suitable and sufficient light or other appropriate security or protection for the
prevention of accidents.
Use of explosives is prohibited in carrying out the project.
7. ASSIGNMENT OF CONTRACT AND SUBCONTRACTS: It is expressly
understood that the Contractor is in all respects an independent Contractor for this
work, not withstanding under certain conditions he is bound to follow the
directions of the County, and is in no respect an agent, servant, or employee of the
County. Neither the Contract, nor any part thereof, nor arry Moines due or to
become due thereunder, n1ay be assigned by the Contractor without the prior
written approval of the County.
The Contractor is fully responsible to the County for the acts and omissions of his
subcontractors and of persons eit11er directly or indirectly en1ployed by said
3
subcontractor, as he is for the acts and omissions of persons directly employed by
hilm. Nothing contained in the relation between any subcontractors shall abide by
the terms, conditions, and requirements of this Contract. It is the responsibility of
the Contractor to pay all debt obligations incurred with subcontractors in an
expedient manner.
8. LI~GAL RESTRICTIONS~ PERMITS AND TRAFFIC PROVISIONS: The
Contractor shall comply with all applicable local, State and Federal requirements
pertaining to the terms of this Contract. The Contractor will be responsible for
obtaining, at his own expense, any licenses or permits that may be required and
should inquire about permit requirements with the appropriate agencies. The
Contractor shall comply with all the requirements of the Federal Pollution Control
Act.
Trle Contractor shall conduct his operations so that he shall not close any
thoroughfare nor interfere in any way with traffic on highways, or on water,
without the written consent of the proper authorities. Work shall be done at any
tinle that shall not interrupt or disturb members of the public.
Utilization of off-loading sites located on private property (water to land for
transport to the landfill or other disposal site by vehicle) must have written
ap:proval of the land owner.
Th_e Florida Marine Patrol should be contacted to initiate eviction proceedings for
co]ntracted derelict vessels which are inhabited at the time of removal and when
another vessel is too close to the contracted derelict vessel to allow safe operations.
Direct confrontations with other boaters should be avoided and the Florida Marine
Patrol should be contacted immediately if such confrontations results from removal
of any contracted derelict vessels.
9. INSURANCE: The Contractor must obtain insurance required by the County and
submit proof of same to the County prior to acceptance of bid and contract approval
by Board of County Commissioners but no later than five working days after notice
of low bidder. All insurance shall be maintained until work has been completed
an<i accepted by the County.
The Contractor shall furnish the following certificates of insurance for review by
the County's Risk Management Division:
Certificate (s) of Insurance wIlich clearly indicates that he has obtained the
i11surance coverage required in paragraphs a,b,c and d below.
The Contractor hereby certifies that no modification or change in insurance shall be
made witllout (10) days writtell advance notice to MONROE County, c/o the
Director of the Risk Management Division.
4
a. W.orker's Compensation Insurance per FI. Statutes
b. Federal Jones Act Coverage
c. General Liability Insurance on a comprehensive basis, in an amount not less than
$500,00.00 per occurrence for Bodily Injury and Property Damage combined, to
include contractual liability.
c. Pollution Liability Insurance in the Amount of $500,000.
d. Water Craft Liability Insurance in the Amount of $500,000.
e. Alltomobile liability insurance covering all owned, non-owned and hired vehicles
used in connection with the work, in an amount not less than
$300,000 per occurrence for Bodily Injury and Property and Damaged combined.
All insurance policies required above shall be issued by companies authorized to do
business under the laws of the state of Florida. The MONROE County Board
of County Commissioners must be listed as "Additional Insured" on all policies,
except for the Worker's Compensation policy.
10. C()MMENCEMENT, DELAYS AND COMPLETION OF WORK: After
receiving Board of County Commission approval of the Contract, and after
reconciliation of any details or conditions which may directly or indirectly interfere
or conflict with work of the Contract, the County will issue a "Notice to Proceed"
officially authorizing the Contractor to commence. The Contractor shall
co:mmence work within one week from the date on the "Notice to Proceed" letter.
If the Contractor should be delayed in the progress of the work included in the
Contract by enforceable causes beyond his control, the time for the completion of
the work may be extended upon agreement of the County representative. Requests
for an extension of time must be submitted in writing to the County representative.
Extensions of time cannot legally be approved unless the written request is
submitted in the time to permit it to be acted upon before the Contract expiration
date. To allow sufficient time for the administrative procedures required to obtain
action by the County Commission, a request for time extension must be received by
the County representative at least sixty (60) calendar days prior to the Contract
expiration date.
Provided further that the Contractor shall within ten (10) days from the beginning
of such delay notify the County, in writing, of the causes of the delay. The County
rep1resentative will ascertain the facts and the extent of the delay and notify the
Contractor within a reasonable time of her decision in the matter.
5
If the Contractor fails to complete the work within the time limit, and if the County
should nevertheless permit the Contractor to continue and complete the same
without official extension of time in writing, such permission shall not modify nor
waive any liability of the Contractor for damages arriving non-completion of work
within the time limit, but such liabilities shall be subject to continuation in full
force against the contractor.
11. CI-IANGES AND INSPECTION: The vessels herein corrsidered are to be removed
for the County by the Contractor in accordance with the specifications. The County
may give instructions or directions to supplement the specifications. These shall be
bil1ding upon the Contractor and upon all his subcontractors, employees and agents
of every kind.
All work and every process and operation shall be subject to inspection at all
tinles, and the County and their representatives shall have free access to all aspects
of the work. The Contractor shall remove and make good, as may be directed,
without charge, any defective work. Oversight or error of judgment of
inspections, or previous acceptance, shall not relieve the Contractor from the
obligation to make good any defect whenever discovered.
Th.e right is reserved to change the Specifications consistent with regard to the
ge:neral intention of the contract for any part of the work or materials, either before
or after work has begun. Notice of such changes shall be'given in writing to the
Contractor; such changes are not to be grounds for any claim by the Contractor for
da:mages, nor for the forfeiture of the Contract. It is possible that a Derelict Vessel
co'uld disappear between the time of inspection by the contractor and the actual
effort to remove it. No payment will be forthcoming in event that this occurs.
Except when otherwise specified, the expense of all tests requested by the County
will be borne by the County.
12. AlJDIT RIGHTS: As a provision of the grant from the State of Florida to the
County, and if so requested by the State, the successful bidder agrees to provide
access to all records and allow the audit of any books, documents and papers
related to this project for a period of up to one year and during and after termination
of the contract.
13. C(>NTRACT AWARD: The County reserves the right to evaluate the submitted
bids and award a contract to the bidder submitting the lowest per foot bid for the
derelict vessels listed in the bid package as one project and for which a
Florida Marine Patrol Derelict Vessel Report is included. One bid will be accepted
and a Contract issued for the total removal of all listed derelict vessels as one
project, up to the limit of available funds.
6
Tlle actual number of vessels to be removed will depend on the accepted per foot
bi,j price and the available funds.
14. PFlEWORK CONFERENCE: A meeting will be necessary involving a
representative of the County, the Contractor and other parties with direct
in'volvement prior to the signing of the Contract. The time and place of this
conference will be set by the County representative. At this time the Contractor
shall provide the County with a schedule as to the order in which he proposes to
relnove the vessels awarded to him.
15. C()NTRACT SECURITY: The Contractor is expected to act and deliver in good
faith all work, at the agreed price, in the allowed time. Failure to do so, could
jeopardize the contractor's reputation with the County and potentially influence any
future contracts with MONROE County.
16. E)~ECUTION OF CONTRACT DOCUMENT: Due to the time frame involved
with this project, the Contractor upon notification that he is to be awarded the
co:ntract documents for execution, shall return said documents properly executed
along with insurance within TEN WORKING DAYS. This will assist in
acceleration of execution of the contract documents.
The Contractor, by virtue of signing the Contract, acknowledges that he and all his
subcontractors have satisfied themselves as to the nature and location of the work,
th(~ general and local conditions, including, but not restricted to, those bearing upon
transportation, handling, access to the pick-up and disposal sites; and the character
of equipment and facilities needed to perform the work. Failure on the part of the
Contractor to completely or properly evaluate any factors of his costs prior to
bidding shall not form a basis for additional compensation ifhe is awarded the
Contract.
If for any reasons, not acceptable to the County, the Contractor does not perform,
the County shall have the right to levy liquidated damages against the Contractor.
Licluidated damages in the amount of $100 per day shall be assessed against the
Contractor for any bid item awarded to him which is not completed and accepted
by the County within the number of calendar days specified in the Contract.
Liquidated damages are accumulative.
17. NOTICE TO PROCEED: The Contractor shall commence work upon this project
within one week of the date of the Notice to Proceed letter and perform in a
corltinuous manner until completion and acceptance by the County. For Contracts
wherein a specified number of days for completion is stated in the Contract, the
eff(~ctive date oftl1e "Notice to Proceed with Contract Work" will establish the
"beginning date" of tl1e project.
7
18. TI~RMINA TION OF CONTRACT: This Contract may be terminated by the
County, giving up to ten (10) days written notice to the Contractor; said notice
shall be sufficient if delivered to the party personally or mailed by certified mail to
his mailing address as specified on the accepted bid.
19. FINAL CLEAN-UP: Upon completion of the work specified herein and before
acceptance and final payment shall be made, the Contractor shall remove from the
sites all machinery, equipment, surplus and discarded materials and temporary
structures. The disposal of materials, rubbish and debris shall be made at a legal
disposal site.
20. DISPOSAL SITES AND FEES: The Contractor is responsible for disposal of all
derelict vessels included in this contract and must make arrangements for legal
disposal. It is the responsibility of the Contractor to pay all disposal fees
incurred, and such removal related costs should be considered when bidding on this
co:ntract.
Th.e Contractor will deliver the derelict vessels to a Florida Department of
En.vironmental Protection permitted disposal site that has current occupational tax
licenses. It is the intent of this contract to remove derelict vessels from their
present site and legally dispose of them. Upon receipt of vessels at the landfill,
they must be disposed of immediately.
There are several Monroe County disposal sites, Cudjoe Landfill, MM 21.5
(vessels must be 26' and under to be delivered in tact, over 26' they must be
broken up), Long Key Landfill MM 68, and Card Sound Road AKA SR905 other
larldfills in neighboring countries or any other location for disposal as long as the
site is a legal licensed disposal site. Prior to transportation of vessels out of
County the County representative must approve. Vessels being disposed of at
County Landfill sites must be free of pollutants and engines.
21. PR_OOF OF PROPER DISPOSAL AND NOTIFICATION TO MARINE
P A.TROL: Contractor must submit prior to receiving any payment: A receipt for
each vessel including the date of disposal, the Florida Marine Patrol Derelict Vessel
Nu.mber, disposal site location, and the telephone number. Recipient of debris
should provide detailed receipt showing type and description of debris received.
In addition to the above information, Contractor must submit three pictures of
each vessel removed. The first photograph must be of the vessel at the current
location prior to removal, the second photograph must be of the vessel after
renloval but in the same general area preferably while in tow, and the third
photograph must be of the vessel at the disposal site with sufficient background to
depict disposal (i.e., building or sign identifying disposal site). TIle derelict
vessel nunlber, when possible, must appear in all photographs.
8
TIle Contractor will be responsible for the camera, film, and development costs.
TIle photographs should be taken with a Polaroid camera that provides instant
pn.otos since this minimizes loss of documentation due to camera malfunction or
loss overboard. This photos must be submitted on a vessel by to document the
relTIoval and disposal of the contracted vessels final payment can not be assured.
TIle Contractor must notify the Florida Marine Patrol and the County
Rt~presentative in writing as to the work schedule of removal. This should be done
af1:er the pre-work conference with the County representative. Notification is to be
made before doing any work on each vessel. This multiparty communication for
each Derelict Vessel is a requirement of the contract.
22. P J-~ YMENT: All payments for the removal and disposal of each vessel, shall be
for the performance of the work as stipulated in these specifications and associated
contractual documents. The unit rate of bid shall be totally inclusive for all phases
of the operation. The Contractor may request two partial payments by submitting
an invoice for the number of vessels removed up to the date of the invoice,
providing the Contract agreement does not explicitly prohibit partial payments.
PbLotographs, disposal receipts, and signed FDEP Disposition Certification form for
the vessels for which payment is being requested.
Ttle Contractor understands and agrees that no payment will be forthcoming for the
relTIoval and disposal of any derelict vessel (1) not listed on this contract nor (2) for
any derelict vessel on this contract for which a written certification verifying the
relTIoval of the subject vessel has not been obtained from the Florida Marine Patrol
and a Representative of the disposal site at the time of delivery.
In addition, property, public or private, if damaged during the work or removed for
the convenience of the work, shall be replaced at the expense of the Contractor in a
manner acceptable to the County and the Owner, prior to the final payment for
co:ntracted work.
23. N()N-COLLISION AFFIDAVIT: Upon entering into the contract, the Contractor
agrees to sign and endorse the Non-Collusion Affidavit form (attached).
24. El"HICS CLAUSE: Upon entering into the contract, the Contractor agrees to sign
anlj endorse the Ethics Clause form (attached).
25. DltUG FREE WORK PLACE FORM: Upon entering the contract, Contractor
agrees to sign and endorse the Drug Free Work Place form (attached).
26. DE~RELI CT VESSELS AT ISSUE: The derelict vessels listed on the Derelict
Vessel Working List for 1997 shall be removed and disposed of by the Contractor
in accorda11ce with the provisions of these Specifications.
9
10
SPECIFICATIONS FOR THE REPAIR! REPLACEMENT/
OR INSTALLATIONS OF AIDS TO
NAVIGATION, REGULATORY SIGNS, MONROE COUNTY,
FLORIDA
Specifications for installation of treated wood piles complete with US Coast Guard
approved signs, in the locations indicated on the enclosed materials.
A. f-ILINGS:
Jl. Pilings shall be of timber treated with chromated copper arsenate
(C.C.A).
2. Pilings shall be of timber which will stand the driving for which they are
intended.
3. A straight line drawn from the center of the butt to the center of the tip shall
not at any point face further away from the center of the pile than a distance
equal to 1 % of the length of the pile .
~~ . Minimum butt diameter = 12" measured 3' from end.
Minimum tip diameter = 8".
5. Piles to be sufficient length to provide a minimum of four feet penetration
into existing sea floor and the base of the dayboard must be eight feet
above mean high water.
6. Pile shall be driven or best installation practices used.
B. SIG~rAGE :
SigIlage to be constructed of .125 gauge aluminum.
1. Signage must be USCG approved .
2. All attachment hardware must be high grade stainless steel.
EXHIBIT C
1996 Edition
"
"
1\10NROE COUNTY, FLORIDA
INSURANCE CI-IECKLIST
FQR
VENDORS SUBMItTING PROPOSALS
FOR \VORK
To assist in the development of your proposal, the insurance coverages marked with an "X" will
be required iri the event an award is made to your firm. Please review this form with your
insurance agent and have himlher sign it in the place provided. It is also required that the bidder
sign the form and submit it with each proposal. .
\\'ORKERS' COMPENSATION
AND
EJ\1PLO')TERS'LIABILITY
we1
VlC2
\\lC3
WCUSLH
X Vlorkers' Compensation
X Employers Liability
Employers Liabili t)'
Employers Liability
US Longshoremen &
Harbor V/orkers Act
X Federal Jones Act
Statutory Limits
$100,000/$500,000/$100,000
$ 500,000/$ 500,000/$ 5 00,000
$1,000,000/$1,000,000/$1,000,000
Same as Employers'
Liabilit),
Same as Employers'
Liability
V/CJA
INSCKLST 1
Administration Instruction
#4709.2
1996 Edition
GENERAL LIABILITY
As a minimum, the required general liability coverages will include:
· Premises Operations
· Blanket C9ntractual
· Expanded Definition
of Property Damage
Required Limits:
GLI
x
GL2
GL3
GL4
Required Endorsement:
GLXCU
GLLIQ
GLS
Prqaucts and Completed Operations
Personal Injury
.
.
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Dan1age
or
$300,000 Combined Single Limit
$250,000 per Person; $500,000 per Occurrence
$50,000 Property Damage
or
$500,000 Combined Single Limit
$500,000 per Person; $1,000,000 per Occurrence
$100,000 Property Damage
or .
$ 1,000,000 Con1bined Single Limit
$5,000,000 Combined Single Limit
Underground, Explosion and Collapse (XCU)
Liquor Liability
Security Sen,ices
All endorsements are required to have the same limits as the basic policy.
Adrninistration Instruction
#4709.2
INSCI<:LST 2
1996 Edition
VEHICLE LIABILITY
As a mininnum, coverage should extend to liability for:
· O\\'I1ed; Non-ovmed; and Hired VehjGles
Required Ljmits:
VL1
VL2
VL3
VL4
BR1
Iv1V C
PR01
PR02
PR03
POLl
POL2
POL3
EDI
ED2
GKI
GK2
GK3
\.ILl
x
x
x
Administration Instruction
#4709.2
$50,000 per Person: $100,000 per Occurrence
$25,000 Property Damage
or
$100,000 Combined Single Limit
$100,000 per Person; $300,000 per Occurrence
$50,000 Property Damage
or
$300,000 Combined Single Limit
$500,000 per Person; $ I ,000,000 per Occurrence
$100,000 Property Damage
or
$1,000,000 Combined Single Limit
$5,000,000 Combined Single Limit
IvfISCELLANEOUS COVERAGES
Builders'
Risk
Limits equal to the
completed project.
Motor Truck
Cargo
Limits equal to the maximum
value of anyone shipment.
Professional
Liability
$ 250,000 per Occurrence/$ 500,000 Agg.
$ 500,000 per o ccurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$ 500,000 per Occurrence/$1 ,000,000 Agg.
$1,000,000 per Occurrence/$2,000,000 Agg.
$5,000,000 per Occurrence/$1 0,000,000 Agg.
$ 10,000
$ I 00,000
Pollution
Liability
Employee
Dishonesty
Garage
Keepers
$ 300,000 ($ 25,000 per Veh)
$ 500,000 ($100,000 per \Teh)
$1,000,000 ($250,000 per Veh)
Watercraft Liability $50(~ ,000
rNSCKLST 3
1996 Edition
INSURANCE AGENT'S ST A TEMENI
I have reviewed the above requirements with the bidder named below. The following deductibles
apply to the corresponding policy.
POLICY
DEDUCTIBLES
Liabilit), policies are
Occurrence
Claims l\1ade
Insurance Agency
Signature
BIDDERS STATEMENT
I understand the insurance that will be mandato!)' if awarded the contract and will comply in full
\vith all the requirements.
Bidder
Signature
INSCKLST 4
Adrninislralion Instruction
#4709.2
1996 Edition
VEI-IICLE LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
, ,
B ET\VEEN
~10NROE COUNTY, FLOIUDA
AND
. ,~
Recognizing that the work governed by this contract requires the use of vehicles, the Contractor
prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall b~
maintained throughout the life of the contract and include, as a minimum, liability co,;erage for:
· ()wned, Non-O\vned, and Hired \'e11icles
The minimllI11 limits acceptable shall be:
$100,000 Combined Single Limit (CSL)
If split limit.s are provided, the minimum limits acceptable shall be:
$ 50,000 per Person
$100,000 per Occurrence
$ 25,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
\'LI
Adnlinistration Instruction
1/4709.2
1996 Edition
\VORKERS' C01\1PENSA TION
INSURAN CE REQ UIREl\1ENTS
FOR
CONTRACT
1
BET\VEEN
1\10NROE COUNTY, FLORIDA
AND
Prior to the: commencement of work governed by this contract, the Contractor shall obtain
Workers' Compensation Insurance \\rith limits sufficient to respond to Florida Statute 440.
In addition" the Contractor shall obtain Employers' Liability Insurance \),rith 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.
\\'eI
A drn in i slral ion I nstrucl ion
#4709.2
1996 Edition
\\'ORKERS' C01\1PENSA TION
INSURANCE REQUIREMENTS
FOR
CONTRACT
1 1
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's
Workers' Compensation Insurance Policy shaIl include coverage for claims subject to the Federal Jones
Act (46 U.S.c.A. subsection 688) with limits not less than those specified for Employer's Liability.
The Contractor shaIl be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided
by a Workers' Compensation policy.
\\' CJ A
Adrn i n istrat ion I nSlruction
#4709.2
1996 Edition
GENERAL LIABILITY
INSURANCE REQUIRE1\fENTS
FOR
CONTRACT
,
BET\\'EEN
1\10NROE COUNTY, FLORIDA
AND
Prior to the commencement of work governed by this contract, the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract and
include, as a nlinimum:
· ~Premises Operations
· JProducts and Completed Operations
· J3lanket Contractual Liability
· r>ersonal Injury Liability
· l=:xpanded Definition of Property Damage
TIle mininlum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, :the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shaIl be named as Additional Insured on
all policies issued to satisfy the above requirements.
GLI
Administration Instruction
#4709.2
1996 Edition
POLLUTION LIABILITY
INSURANCE REQUIREMENTS
FOR
CONTRACT
BET\VEEN
MONROE COUNTY, FLORIDA
AND
Recognizing that the work governed by this contract involves the storage, treatment, processing,
or transporting of hazardous materials (as defined by the Federal Environmental Protection
Agency), the Contractor shall purchase and maintain, throughout the life of the contract,
Pollution Liability Insurance which will respond to bodily injury, property damage, and
environmental damage caused by a pollution incident.
The minimur:n limits of liability shall be:
$500,000 per Occurrence/$1 ,000,000 Aggregate
If coverage is provided on a claims made basis, an extended claims reporting period of four (4)
years \\rill be required.
POLl
Adn1inistration Instruction
#4709.2
71
1996 Edition
'VATER CRAFT LIABILITY
INSURANCE REQUIRE1\IENTS
FOR
CONTRACT
1 I
BET\VEEN
1\10NROE COUNTY, FLORIDA
AND
Prior to the conunencement of work governed by this contract, the Contractor shall obtain
Water Craft Liability Insurance with terms no less restrictive than those found in the
standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be
maintained throughout the life of the contract and include, as a minimwn:
.
Injury (including death) to any Person
Damage to Fixed or Movable Objects
Costs Associated with the Removal of \Vrecked Vessels
Contractual Liability \vith Respect to this Contract
.
.
.
If the policy obtained states that coverage applies for the "Acts or Omissions of a Vessel",
it shall be endorsed to provide coverage for the Iegalliability of the shipowner.
The minimllITI limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the
approval of the County.
The Monroe County Board of County Commissioners shaH be named as Additional
Insured on all policies issued to satisfy the above requirements.
\\' L 1
Administration Instruction
#4709.2
..~. ~l? D~~~ij~'!~I~lme:lllllill!I:IJlIi~~g!.I!I:lliillll.ml! .........u....u.. ..... DA:~;;:7tm
p'ROr;tjcER" . .... ............. ...................................................................... THIS CERTIFICATE IS ISSUED AS A MAlTER OF INFORMATION
OOAATO INS. AGENCY INIC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
P.C. BOX 607518 ~~i-.P~~.H~H6~,;f~g=JC:1~o~g~~ ~-?~:EM~~Scrg~~~o~
ORLANDO FL 32750 COMPANIES AFFORDING COVERAGE
407-889-7525
COMPANY
A UNITED CAPITAL INSURANCE
INSURED
ARNOLD' S TOWI G SERVICE
5540 3RD AVEN E
KEY WEST FL 33040
~J
:;
COMPANY
B WATER QUALITY INSURANCE SYNDICATE
COMPANY
C
COMPANY
o
..... ".-. ... .........-.......... ...............................
. -..... .......,... ....... ... .................................
.CO.VERA.GES....................................................................
. .' . . .....-...............-............
. .. . - . .................................
'::..:.'::-:.:- ~::-:::-:-. ~..:::-..,: > -:. >:-:- -':- :-:-::::::::::::: ::::: :::: :=: ::: :=:::::= ::~ ::= :=:=:=:=:=:=:::=: ::=:: :::::
THIS IS TO CERTIFY THAT TH POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDI G ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUE OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIO S OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO
LTR
TYPE OF INSURANCE
POUCY NUMBER
POUCY EFFECTIVE POUCY EXPIRA nON
DATE (MMfDDIYV) DATE (MM/DDIYY)
UNITS
GENERAL UABIUTY
COMMERCIAL GENERAL lJAB UTI
ClAIMS MADE [] UR
OWNER'S & CONTRACTOR'S ROT
GENERAL AGGREGATE
$
PRODUCTS - COMP/OP AGG $
$
$
$
$
PERSONAL & ADV INJURY
EACH OCCURRENCE
FIRE DAMAGE (Anyone fire)
MED EXP (Anyone person)
AUTOMOBILE UABIUlY
ANY AUTO
All OWNED AUTOS
SCHEDULED AUTOS
HIRED AUTOS
NON-OWNED AUTOS
COMBINED SINGLE UMIT $
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE $
THE PROPRIETOR!
PARTNERSlEXECUTIVE
OFFICERS ARE:
OTHER
AUTO ONLY - EA ACCIDENT $
OTHER THAN AUTO ONLY:
EACH ACCIDENT
AGGREGATE
EACH OCCURRENCE
AGGREGATE
GARAGE UABIUTY
ANY AUTO
EXCESS UABIUTY
UMBRELLA FORM
OTHER THAN UMBREllA, Fa M
WORKERS COMPENSAnON AHD
EMPLOYERS' UABIUlY
$
EL DISEASE - POUCY UMIT $
EL DISEASE - EA EMPLOYEE $
OMMERCIAL HULL/MACHINE Y &
A PROTECTION & INDEMNITY
WOM1258157
08/19/97
08/19/98
COHM. HULL/MACHIN.
P & I
$5.000
$500.000 CSL
DESCRIPTION OF OPERA nONS/LOCA ONSNEHICLES/SPEC1AL ITEMS
MONROE COUNTY BOARD IOF COUNTY COMMISSIONERS IS INCLUDED AS POLLUTION COVERAGE - COMPANY B
ADDITIONAL INSURED F'OR REMOVAL OF DERELICT VESSESL 08/21/97 - 08/21/98
9QttlfHPA'f'I$Hg4.P~#{::::{:{::f{:r:.:rmm:rr::m::rmmm:r::r::::m:::r::::rr:@@t::t:@::@rm@:r.9.A#<<~i.J;t.t~<<~:1j@:::::jm::~:ili:jill:1Jj:ill..::::::::.:::@:m.:::{:::rmmrt:::@:::::::mtmrmmr:
MONROE COU BOARD OF COUNTY COf.t1ISSIONERS SHOULD ANY OF THE ABOVE DESCRIBED POUCIES BE CANCELLED BEFORE THE
5100 COLLEGE ROAD EXPIRATION DATE THEREOF. TIfE ISSUING COMPANY Will ENDEAVOR TO MAIL
KEY WEST Fl 33040-4399 ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGA TtON OR UABIUlY
J
ACORD 25~S
A TTN :
FAX:
PROJECTS
OF ANY KINO UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTliORIZED REPRESENTATIVE t' () nu/JJ.
... -> ~ACORO CORPORATION 198e
~
rz=; ;ORDTM' ......(lelmiEllltl::a;ii:.lli.ilillili...:iilsll.ll,.GE .........).:::)) < i.: "'DA~:/(~;//D9D7!YY)
~:::::::.:.:~ . ...:.:.:...:.:.:.:.....:.:.:...:.:.:.:.:.:.:...... ::::::::::::::::::::;:::::::::::;:::;:::::::::::::::::;:::::::;:::::;:::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::;:::::::::::::::::::::::::::::::::::::::::::: :.:.'.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.:
PRO .leER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
DONATO INS. AGENCY ItIC. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. BOX 607518 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
ORLANDO FL 32750 COMPANIES AFFORDING COVERAGE
407-889-7525
COMPANY
A CONNECTICUT INDEMNITY
INSURED
ARNOLD1S TOWING SERVICE
5540 3RD A"ENUE
KEY WEST FL 33040
COMPANY
B
COMPANY
C
COMPANY
I D
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
POLICY EFFECTIVE POLICY EXPIRATION LIMITS
DATE (MM/DDIYV) DATE (MM/DDIYV)
GENERAL AGGREGATE $
PRODUCTS - COMP/OP AGG $
PERSONAL & ADV INJURY $
EACH OCCURRENCE $
FIRE DAMAGE (Anyone fire) $
MED EXP (Anyone person) $
COMBINED SINGLE LIMIT $
BODILY INJURY $
(Per person)
04/30/97 04/30/98 BODILY INJURY
(Per accident) $
PROPERlY DAMAGE $
500,000
AUTO ONLY - EA ACCIDENT $ 500,000
OTHER THAN AUTO ONLY: 1<
t..........
04/30/97 04/30/98 EACH ACCIDENT $ 500,000
AGGREGATE $ 500,000
EACH OCCURRENCE $
AGGREGATE $
$
I WC STATU- I IOTH-
TORY LIMITS ER
EL EACH ACCIDENT $
EL DISEASE POLICY LIMIT $
EL DISEASE EA EMPLOYEE $
$1,000 DED $50,000
04/30/97 04/30/98 $1,000 DED $50,000
MONROE COUNTY BOARD QIF COUNTY Cot+1ISSIONERS IS INCLUDED AS POlUTION COVERAGE - COMPANY B
ADDITIONAL INSURED FOR REMOVAL OF DERELICT VESSELS 08/21/96 - 08/21/97
@~m!f@.Tg:l9t.q~R::::::::::::::::::j:::::::::::::::::::::::::::::::tr::jm::::::::i:::i::::::f:::::jjtt:::::::::::::jj:j::i:::titt::/i::i:i::::::::::::::::::::::::j:ji:jP.AN.~_tt~;j:~lill::::::~:::::;:l(i):;::;~j::::i:::r:::::::j:j::::'i::::::::::':::::::::::::':i/jt::.::.:.:':?
. . . . . . . . . . . . . . . . . . . . . I . .
A$tl.Rtl:~$;$:.{1l9$)
_. ..,.. ,.......... ...................................
. -. '. -........". -... ...............................
...,. -......... ..... ..... ...................................
.. .................. ............................... ..
."... . .. ..'....... -.., ...............................
..... ....... .............................. ... ...
...... ... ..... ............. ................. .... ..
.......................... .......
............................. ....
.............................. ... .... ...
.... ... ...............................
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
--11- DAYS WRITTEN NOnCE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPR~SENTATIVE J .1.dL~~l~tk#&BAtI()N19aa
I~
MONROE COUNTY BOARD OF COUNTY Cot+1ISSIONERS
5100 COLLEGE ROAD
KEY WEST FL 33040-4399
ATTN: KIM McGEE, MARINE PROJECTS COORDINATER
jDannp lL. ilolbagt
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARA THON, FLORIDA 33050
TEL. (305) 289-6027
FAX (305) 289-1745
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
SOO WHrrEHE.AD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 292-3550
FAX (305) 295-3660
BRANCH OFFICE
88820 OVERSEAS HIGHW A Y
PLANTATION KEY, FLORIDA 33070
TEL. (305) 852-7145
FAX (305) 852-7146
MEMORANDUM
TO: Peter Horton, Director
Division of Community Services
FROM:
Attention: Kim McGee, Marine Projects Coordinator
Ruth Ann Jantzen, Deputy Clerk "tED/.
June 22, 1998
DATE:
------------...----------------------------------------------------------------------------------------------------------
On May 13, 1998, the Board of County Commissioners adopted Resolution No.
200-1998, authorizing an allocation from the Boating Improvement Fund of $2,655.00 for
the emergency removal of DV03A2621,DV03A2622 and DV03A2623 located off of the
Fairgrounds, Key West AND granted approval and authorized execution of a contract
between .Monroe County and Arnold's Towing for removal of the above mentioned
derelict vEssels in the amount of $2,655.00.
ElllClosed please find a fully executed duplicate original of the above contract for
return to J~rnold's Towing, as well as a certified copy of the above Resolutioll.
H you have any questions concerning the above, please do not hesitate to
contact m<<~.
Enclosure(s) 2
cc: Coulnty Attorney
Fin~lnce
Cou,nty Administrator, w/o document
File