06/19/2013 AgreementAMY NEAVILIN, CPA
CLERK OF CIRCUIT COURT & COMPTROLLER
MONROE COUNTY, FLORIDA
DATE: July S, 2013
TO: Christine Hurley, Director
Growth Management Division
ATTN: Mayra Tezanos
Executive Assistant
FROM. Pamela G. Hancs.C.
At the June 19, 2013, Board of County Commissioner's meeting the Board granted approval and
authorized execution of the following:
Item G3 Contract with Coral Marine Construction, LLC to provide derelict vessel, floating
structure and marine debris removal and disposal service.
Item G8 Contract with Arnold's Auto & Marine Repair, Inc. to provide derelict vessel, floating
structure and marine debris removal and disposal services.
Enclosed is an original of each of the above - mentioned for your handling. Should you have any
questions, please feel free to contact our office.
cc: County Attorney
Finance
File 1
500 Whitehead Street Suite 101, PO Box 1980, Key West, FL 33040 Phone: 305- 295 -3130 Fax: 305- 195 -3663
3117 Overseas Highway, Marathon, FL 33050 Phone: 305 - 289 -6027 Fax: 305 - 289 -6025
88820 Overseas Highway, Plantation Key, FL 33070 Phone: 852 -7145 Fax: 305- 852 -7146
MONROE COUNTY
CONTRACT FOR REMOVAL, REFLOATING AND /OR DEMOLITION AND DISPOSAL OF
DERELICT VESSELS, FLOATING STRUCTURES AND MARINE DEBRIS
THIS CONTRACT is made and entered into this IUA, day of by MONROE
COUNTY ( "COUNTY "), a political subdivision of the State o i rida, whose address is the
Marathon Government Center, 2798 Overseas Highway, tho n, Florida, 33050, and
Arnold's Auto & Marine Repair, Inc. ( "CONTRACTOR "), whose address is 5540 3` Avenue, Key
West. Florida. 33040.
Section 1. SCOPE OF SERVICES
The CONTRACTOR shall do, perform and carry out in a professional and proper manner the
project including certain duties as described below.
Duties consist of retrieval, removal, refloating and /or demolition and disposal of derelict vessels,
floating structures and marine debris. This includes proper reclamation and disposal of
associated hazardous waste and cooperation with law enforcement where needed to properly
preserve evidence using photographs and other methods of preservation as directed by law
enforcement. The project will be made up of individual jobs authorized by task order consisting
of retrieval, removal, demolition and disposal of a vessel(s), floating structure(s) or marine
debris located on the land or in the waters of Monroe County, or adjacent thereto, as requested
by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from
beginning to end including the scheduling, labor, monitoring, providing necessary equipment
and reporting progress to the County designee in the Marine Resources Office.
When a derelict vessel, floating structure or marine debris is identified, the COUNTY will contact
CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details
shall include, but not be limited to the location of the job, the nature of the debris, the size of the
vessel or floating structure, whether the vessel or floating structure is constructed of wood,
fiberglass, concrete, metal, and whether any hazardous materials are known to be aboard. The
CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the job, and
the time in which the CONTRACTOR is able to respond, a description of the job and the time
needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign
the particular job. At no time will any CONTRACTOR be authorized to undertake a job without
the express authorization of the COUNTY, in the form of a Task Order. In the event of an
emergency job, such as a fuel leak or hazard to navigation, the CONTRACTOR will provide a
quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR the
same day as the pricing request in order to expedite the job.
The CONTRACTOR will provide all necessary and adequate equipment to complete the task
including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will
provide all materials needed to accomplish the assigned job, including necessary equipment for
proper handling of hazardous materials and will strictly adhere to all precautionary and safety
requirements. CONTRACTOR shall be responsible for the job site at all times during the work.
CONTRACTOR is required to have active licenses required to fulfill the requirements of each
particular job.
The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with
all federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the
work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to
stand down or stop work if advised to do so by any county, state or federal agency. If required to
stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as
soon as possible. It is the CONTRACTOR's responsibility to ensure that he removes the correct
vessel, floating structure, or marine debris.
Prior to any work on the vessel, floating structure or marine debris, the CONTRACTOR shall
take representative photographs including the exterior (capturing any unique or identifying
features such as registration numbers or name) and interior (if applicable) at the initial site.
Representative photographs shall be taken during the removal and again at the dump site prior
to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if,
in the best judgment of the CONTRACTOR, it is not safe to do so. Photographs should be
properly dated, indicate the name of the person taking the photographs, and a complete set of
the photographs shall be provided to the COUNTY with invoicing. Photographs are considered
to be an integral part of the work.
CONTRACTOR shall remain responsible for supervision of all employees and shall ensure
compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or
during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws,
ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job
will constitute cause for immediate termination of the contract.
Section 2. COUNTY'S RESPONSIBILITIES
COUNTY shall do the following:
2.1 Provide all available data and location as to the COUNTY'S requirements for Task Order
to the CONTRACTOR. Designate in writing a person with authority to act on the
COUNTY'S behalf on all matters concerning the Task Order.
2.2 Furnish to the CONTRACTOR all existing information pertinent to the work. The
CONTRACTOR may rely upon such information and services provided by the COUNTY,
with the understanding that the information may be changed at the time the
CONTRACTOR arrives on the scene of the work.
2.3 Approve a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 3. TERM OF CONTRACT
This Contract shall commence on June 19, 2013, and terminate on June 30, 2016, unless
terminated earlier under the terms of this Agreement. COUNTY and CONTRACTOR shall have
the option to renew this Agreement for one additional two year term under the same terms and
conditions as this contract, exercisable by mutual agreement upon written notice given at least
Thirty (30) days prior to the end of the initial term.
The services to be rendered by the CONTRACTOR for each individual Task Order shall be
commenced upon written notice from the COUNTY and the work shall be completed in
accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless
it shall be modified in a signed document, by the mutual consent of the COUNTY and
CONTRACTOR. Subsequent services shall be performed in accordance with schedules of
performance which shall be mutually agreed to by COUNTY and CONTRACTOR. At no time
shall the CONTRACTOR commence work without written authority from the COUNTY.
Section 4. COMPENSATION
The compensation available to the CONTRACTOR under this agreement is to be determined by
the COUNTY on the basis of price quotations received from approved CONTRACTORS, and
the necessities of the individual job.
The CONTRACTOR is responsible for evaluating the request for removal and responding in
writing with a quotation for the job, a description of the job, the time the CONTRACTOR can
begin the job and the time necessary to complete the job.
It will be the CONTRACTOR'S responsibility to pay any disposal fees at the transfer station or
other licensed disposal facility or recycling center. CONTRACTOR shall include, in any
quotation, the cost of disposal. CONTRACTOR shall be required to provide a disposal receipt
along with any invoice for the work.
The billing rates of the CONTRACTOR for a particular job shall be determined and agreed to by
the CONTRACTOR and the COUNTY in a written Task Order prior to the authorization to
commence the work.
CONTRACTOR agrees that it will not be entitled to damages for delay of the completion of the
job from whatever cause. COUNTY may grant additional time to conclude a task, if required.
Section 5. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Local Government Prompt Payment Act. Any
request for payment must be in a form satisfactory to the County Clerk (Clerk). The
request must describe in detail the services performed, the payment amount requested,
and supporting documentation, including copies of receipts from the transfer station.
5.2 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of County Commissioners.
Section 6. CONTRACT TERMINATION
Either party may terminate this contract because of the failure of the other party to perform its
obligations under the Contract. COUNTY may terminate this contract for any reason upon
fifteen (15) days notice to the CONTRACTOR.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS, SUBCONTRACTORS
7.1 All assignments of work shall be authorized in a signed Task Order in accordance with
the COUNTY'S policy prior to any work being conducted by the CONTRACTOR.
7.2 Additional authorizations may contain additional instructions or provisions specific to the
authorized work for the purpose of clarifying certain aspects of the work to be
undertaken. Such supplemental instruction or provisions shall not be construed as a
modification of this Agreement. Authorizations shall be dated, numbered and clearly
relate to the speck job assignment so that they can easily be related to the specific
assignment. Where available, the authorization shall refer to the name of the vessel, and
its location.
7.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in
(including, but not without limitations, moneys that may become due or moneys that are
due) this agreement without the written consent of the County, except to the extent that
any assignment, subletting, or transfer is mandated by law or the effect of this limitation
may be restricted by law. Unless specifically stated to the contrary in any written
consent to any assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this agreement. CONTRACTOR may subcontract a
particular Task Order or portion of a Task Order only with the speck written consent of
the COUNTY'S representative. If subcontractors are approved it is the responsibility of
CONTRACTOR to inform the subcontractors that they must carry the same amount of
insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with
proof of coverage before allowing a Subcontractor to do any work on the job.
Section 8. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed document and
shall be delivered or mailed to the addresses as follows:
To the COUNTY: Monroe County Board of County Commissioners
c/o Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONTRACTOR: Doris R. Arnold, President
Arnold's Auto & Marine Repair, Inc.
5540 3' Avenue
Key West, Florida 33040
However, if COUNTY requests a price quotation(s) from CONTRACTOR the request and
response may be done by e-mail (fax is not preferable and the CONTRACTOR shall notify the
COUNTY if a response is being provided by fax). Selection of CONTRACTOR by COUNTY and
the terms of the individual job may be done by e-mail notification with a Task Order authorizing
the work and signed by the COUNTY prior to the commencement of the work.
Any Notice of Termination may be done by e-mail but shall be immediately formalized in writing
by the party seeking Termination and sent to the other party by certified mail.
Section 9. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the agreement and for four years following the
termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that
moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest
calculated pursuant to F.S. Sec. 55.03 running from the date the moneys were paid to
CONTRACTOR.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020 -1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former COUNTY officer or employee subject to the prohibition of Section 2 of
Ordinance No. 010 -1990 or any COUNTY officer or employee in violation of Section 3 of
Ordinance No. 020 -1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this agreement without liability and may also, In its discretion, deduct from
the agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former COUNTY officer or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not perform work as a CONTRACTOR, supplier,
subcontractor, or CONTRACTOR under contract with any public entity, and may not transact
business with any public entity in excess of the threshold amount provided in Section 287.017 of
the Florida Statutes, for Category two for a period of 36 months from the date of being placed
on the convicted vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the laws of the State of
Florida applicable to contracts made and to be performed entirely in the State.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. Both parties waive their rights to a trial by jury.
Section 13. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining term, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court
costs, as an award against the non - prevailing party, and shall include attorney's fees, and court
costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe County.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Section 16. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If the
issue or issues are still not resolved to the satisfaction of the parties within ninety days of the
first session, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. The parties agree that this Agreement is not
subject to arbitration.
Section 18. COOPERATION
In the event any administrative or legal proceeding is instituted against either parry relating to
the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
Section 19. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: Title VII of the Civil Rights
Act of 1964 (PL 88 -352) which prohibits discrimination on the basis of race, color or national
origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1681 -1683, and
1685 - 1686), which prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation
Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101 -6107) which
prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972
(PL 92 -255), as amended, relating to nondiscrimination on the basis of drug abuse; The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd -3 and
290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act
of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that the only interest of each is to perform and receive benefits as recited in
this Agreement.
Section 21. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be required to
comply with the standards of conduct for public officers and employees as delineated in F.S.
Sec. 112.313 regarding, but not limited to, solicitation or acceptance of gifts; doing business
with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Section 22. NO SOLICITATION /PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of Chapter 119, Florida Statutes, and made or received by the COUNTY and
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
Section 24. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of F.S. Sec. 768.28 the participation of the COUNTY and the
CONTRACTOR in this Agreement and the acquisition of any commercial liability insurance
coverage, self- insurance coverage, or local government liability insurance pool coverage shall
not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract
entered into by the COUNTY be required to contain any provision for waiver.
Section 25. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation, and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions
and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
Section 27. NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
Section 28. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include a Lobbying and Conflict of Interest Clause, a Non - Collusion Affidavit, a Drug -Free
Workplace Form, a Public Entity Crime Statement, and an Insurance and Indemnification
Statement.
Section 29. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
Section 31. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
Coverage shall be maintained throughout the entire term of the contract, failure to maintain
coverage shall be considered a valid reason for County to terminate this Agreement.
The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or
better, that is licensed to business in the State of Florida and that has an agent for service of
process within the State of Florida. The coverage shall contain an endorsement providing sixty
(60) days' notice to the COUNTY prior to any cancellation of said coverage. Said coverage shall
be written by an insurer acceptable to the COUNTY and shall be in a form acceptable to the
COUNTY.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self- insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status.
The CONTRACTOR may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S
Excess Insurance Program.
If the CONTRACTOR participates in a self - insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial
statements from the fund upon request from the County.
32.1 General Insurance Requirements for Other CONTRACTORS and Subcontractors
As a pre - requisite of the work governed, or the goods supplied under this contract (including the
pre - staging of personnel and material), the CONTRACTOR shall obtain, at his /her own
expense, insurance as specified in the attached schedules, which are made part of this contract.
The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the
attached schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract
(including pre - staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the COUNTY as specified below, and where applicable
CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in the
commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory
evidence of the required insurance, shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work commenced on
the specified date and time, except for the CONTRACTOR'S failure to provide satisfactory
evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced. Delays in the completion of work resulting from the failure of the
CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the CONTRACTOR'S failure to maintain the required
insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
• Certificate of Insurance
or
• A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non - renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and /or approval of the CONTRACTOR'S insurance shall not be construed as
relieving the CONTRACTOR from any liability or obligation assumed under this contract or
imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
32.2 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN
COUNTY AND CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life of the contract
and include, as a minimum:
• Premises Operations
• Bodily Injury Liability
• Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
• Owned, Non - Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less
than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Employee's Liability- Statutory limits
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self- insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status.
The CONTRACTOR may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S
Excess Insurance Program.
If the CONTRACTOR participates in a self - insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial
statements from the fund upon request from the County.
32.5 ADDITIONAL INSURANCE
A) Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Jones Act and /or Longshoremen and Harbor Workers Compensation Insurance with
limits sufficient to respond to the applicable state and /or Federal statutes.
B) Pollution Liability Coverage with minimum limits of $1,000,000.
Section 33. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and Commissions,
Officers, and their Employees, and any other agents, individually and collectively, from all fines,
suits, claims, demands, actions, costs, obligations, attorneys fees, or liability of any kind arising
out of the negligent actions of the CONTRACTOR or substantial and unnecessary delay caused
by the willful nonperformance of the CONTRACTOR and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its
performance of this contract, including those of any subcontractors. The amount and type of
insurance coverage requirements set forth hereunder shall in no way be construed as limiting
the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend
and pay all legal costs attendant to acts attributable to the negligent act of the CONTRACTOR,
or his subcontractor.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor
and not an employee of the Board of County Commissioners. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his /her employees,
subcontractors, servants or agents to be employees of the Board of County Commissioners for
Monroe County. As an independent CONTRACTOR the CONTRACTOR shall provide
independent, professional judgment and comply with all federal, state, and local statutes,
ordinances, rules and regulations applicable to the services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work, plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the
CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply
to any maps, official records, contracts, or other data that may be provided by the COUNTY or
other public or semi - public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the
services specified in this contract. Such delays or hindrances, if any, shall be compensated for
by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to
complete the work schedule. Such an agreement shall be made between the parties.
In Witness Whereof, the parties have executed this contract as indicated below.
(SEAL)
AMY HEAVILI , CLERK
Deputy CI rk
at: C
BOARD OF COUNTY COMMISSION15RS
MONROE COUNTY
Gedrge Neu §ent, Mayor
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ARNOLD'S AUTO & MARINE REPAIR, INC.
By: gWAA c t, M By: Y�
��+,,�� WITNESS
Print name: G' 111 C naS_ Print name and title: (Xjr7 S /C
By.
WITNESS
Print name: Q! UACtX Y"t Ph ") I i VS ZlI MONRO LED TY ATTORNEY
AP S TO FOR
STATE OF 0 ri d a Date:
COUNTY OF &bQCOO!
On this day of 2013, before me the person whose name is subscribed
; above, and w=qthe.Aove ced I as identification, acknowledged that he/she is the
Qq
wore Contract for the purposes therein contained.
No
:"g�'� u , MELINDA OVIEDO
n Commiss EE 126039
Print Name
�-,c, ��a •�� Badtl TMu T� Fetn Ynurabe X7019
My commission expires: Seal
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrents that he /it has not employed, retained or otherwise had act on his /her behalf any
former County officer or employee in violation of Section 2 of Ordinance No. 010 -1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010 -1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former County officer or employee."
W11611, I r
Date
STATE OF: r l or do,,
COUNTY OF: iMonroe,
Subscribed and sworn to (or affirmed) before me on
(date) by
personally kno t o me or has produced
identification.
(name of affiant). He /She is
(type of identification) as
�,.�Y
MELINDA
Commission # OV
EE 1126039
H
-w Expires September 8, 2015
,F ; g ` Borded Tfae Troy Fain Inam a 80x385.7019
NOTARY PUBLIC
My Commission Expires:
-30-
NON - COLLUSION AFFIDAVIT
1, 1"1 67 •,frnI)Id of the city of a according to law on
my oath, and under penalty of perjury, depose and say t at
a. I am of the firm of
" the bidder making the
Proposal for the project described in t Request for Proposals for
M n "� S 6tj1wSa nd that I executed the said
proposal with full auth rity to do so;
b. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
d. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition;
e. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
(Signature) // ?
Date:
STATE OF: r /O f
COUNTY OF: "I)n /
Subscribed and sworn to (or affirmed) before me on !o, c (date) by
O or�l 5 R. I�M�GY (name of affiant). He /She is personally known
to me or has produced
(type of
identification) as identification.
MELINDA OVIEDO �
` Commission # EE 126039 1
. g Expires September 8, 2015 1, rJJ
, RF Sm"ThruTmyFatnlnsuanceMWIM19 N 0 PUBLIC
My Commission Expires:
-31-
DRUG -FREE WORKPLACE FORM
The under igned ven or in ccordance with Florida Statut 287.087 hereby certifies that:
45 /o `
(Name of usiness)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring
in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community , or any
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
(Signature)
Date: 10 — 6"1
STATE OF: F! 19rida
COUNTY OF: Uon /
Subscribed and swoqi to or affirmed) before me on A4av ((��, o 3 (date) by
J r'i S
P. nD / (name of affiant). He /She is personally known to
me or has produced — :� (type of identification) as
ident' 1.
t er.. MEUNDA 0VIED0
Commission # EE 126039
Expires September 8, 2015
• Bated Thru Tmy Fan hm ww 800.3857019
My Commission Expires:
-32-
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months fro the date of j being placed on the convicted vendor list."
I have read the above and state that neither /tM�� Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
ka_�_4 � L--,4_�_
(Signature) 22
Date: 5 to -- 1J
STATE OF: F D( cliq
COUNTY OF: Mon 1 e,
Subscribed and sworn to (or ffirmed) before me on Q Q 3
(date) by �pl! S Z1Y'rl Q ld (name o affiant). He /She is personally
known to me or has produced (type of identification)
as identification.
MEUNDA OVIEDO
=;` YM Commission # EE 126039
t � Expires September 8, 2015
� • Barred Tft Troy Fan kmrare Wa5 . 7019 NOT PUBLIC
My Commission Expires:
-33-
Respondent's Insurance and Indemnification Statement
Insurance Requirement
Worker's Compensation
Required Limits
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Employer's Liability- Statutory limits
General Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Pollution Liability Insurance
Jones Act
$1 Million per Occurrence
Recognizing that the work governed by this contract involves Maritime Operations, the
Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject
to the Federal Jones Act (46 U.S.C.A. subsection 688) with limits not less than $1 Million.
The Contractor shall 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.
Additional Information
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
INDEMNIFICATION A ND HOLD HARMLESS FOR CONSULTANTS AND SUBCONSULTANTS
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Respondent covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
COUNTY's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (ii) any litigation, administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (iii) any costs or expenses that may be asserted against, initiated with respect to, or
-34-
sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or
any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement,
(B) the negligence or willful misconduct of Respondent or any of its employees, agents, respondents in
any tier or other invitees, or (C) Respondent's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims, actions, causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent
acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other
than RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall
indemnify the County from any and all increased expenses resulting from such delay.
In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure
to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and
all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Respondent is for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all
the requirements. 4 roold
Lln*s- k. Respondent Sig ature Date
STATE OF: Elaci
COUNTY OF: manf ice.,
Subscribed and sworn to (or affirmed) before me on G y & 13 (date) by
DQ( 5 t X1(9 ��_ (name of affiant). He /She is personally known
to me or has produced
identification) as identification.
w a "'•• MELINDA OVIEDO
Commission # EE 126039
ALA
`` e dd ors
(type of
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mil
My Commission Expires:
-35-