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02/18/2015 Agreement "Th, AMY HEAVILIN, CPA CLERK OF CIRCUIT COURT & COMPTROLLER x' �- MONROE COUNTY,FLORIDA DATE: March 26, 2015 TO: Christine Hurley, Director of Growth Management ATTN: Mayra Tezanos Executive Assistant FROM: Lindsey Ballard, D.C..igt At the February 18, 2014, Board of County Commissioner's meeting the Board granted approval and authorized execution of Item J2 Agreement between Monroe County Board of County Commissioners (Board) and DRC Emergency Services, LLC (DRC) for Disaster Response and Recovery Services for Marine Debris and Vessel Removal. Enclosed is duplicate originals executed on behalf of Monroe County,for your handling Should you have any questions,please feel free to contact me. cc: County Attorney Finance ✓File !S �{Ilrl is 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fox:305-852-7146 AGREEMENT FOR DISASTER RESPONSE AND RECOVERY SERVICES FOR MARINE DEBRIS AND VESSEL REMOVAL GM This Agreement ("Agreement") made and entered into this day of 2015 by and between Monroe County, a political subdivision of the State of Florida, whose add` ss is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), AND DRC Emergency Services, LLC, a Foreign Limited Liability Company authorized to do business in the State of Florida, whose address is 500 South Australian Ave. Suite 600, West Palm Beach, FL 33401, its successors and assigns, hereinafter referred to as "CONTRACTOR", WITNESSETH: WHEREAS, COUNTY desires to employ the professional services of CONTRACTOR for Disaster Response and Recovery Services for Marine Debris and Vessel Removal; and WHEREAS, CONTRACTOR has agreed to provide professional services which shall include but not be limited to providing Disaster Response and Recovery Services, which services _shalt collectively be referred to as the "Project"; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and CONTRACTOR agree as follows: FORM OF AGREEMENT ARTICLE 1 1.1 REPRESENTATIONS AND WARRANTIES By executing this Agreement, CONTRACTOR makes the following express representations and warranties to the COUNTY: 1.1.1 The CONTRACTOR has and shall maintain all necessary licenses, permits or other authorizations necessary to act as CONTRACTOR for the Project until the CONTRACTOR'S duties hereunder have been fully satisfied; 1.1.2 The CONTRACTOR has become familiar with the Project site and the local conditions under which the work is to be completed. 1.1.3 The CONTRACTOR shall prepare all documentation required by this Agreement in such a manner that it shall be accurate, coordinated and adequate for use in verifying work completed by debris contractors and associated costs and shall be in conformity and comply with all applicable law, codes and regulations. The CONTRACTOR warrants that the documents prepared as a part of this Agreement will be adequate and sufficient to document costs in a manner that is acceptable for reimbursement by government agencies, therefore eliminating any additional cost due to missing or incorrect information; 1.1.4 The CONTRACTOR assumes full responsibility to the extent allowed by law with regard to his performance and those directly under his employ. 1.1.5 The CONTRACTOR'S services shall be performed as expeditiously as is consistent with professional skill and care and the orderly progress of the Project. In providing all services pursuant to this agreement, the CONTRACTOR shall abide by all statutes, ordinances, rules and regulations pertaining to, or regulating the provisions of such services, including those now in effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a material breach of this agreement and shall entitle the Board to terminate this contract immediately upon delivery of written notice of termination to the CONTRACTOR. 1.1.6 At all times and for all purposes under this agreement the CONTRACTOR is an independent contractor and not an employee of the Board of County Commissioners for Monroe County. No statement contained in this agreement shall be construed so as to find the CONTRACTOR or any of his/her employees, sub-contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. 1.1.7 The CONTRACTOR shall not discriminate against any person on the basis of race, creed, color, national origin, sex, age, or any other characteristic or aspect which is not job related, in its recruiting, hiring, promoting, terminating, or any other area affecting employment under this agreement or with the provision of services or goods under this agreement. 1.1.8 The effective date of this AGREEMENT shall be March 1, 2015. The term of the AGREEMENT shall be for a five year period, unless otherwise terminated as provided herein. The COUNTY shall have the option of extending the AGREEMENT in one year increments for up to five additional years on the same terms and conditions with approval of the COUNTY'S governing board. Such extension(s) shall be in the form of a written Amendment to the AGREEMENT and shall be executed by both parties. ARTICLE II SCOPE OF BASIC SERVICES 2.1 DEFINITION CONTRACTOR'S Scope of Basic Services consists of those described in Attachment A (Scope of Work, p.16 below). The CONTRACTOR shall commence work on the services provided for in this Agreement promptly upon his receipt of a written notice to proceed from the COUNTY. The notice to proceed will be in the form of a task order and must contain a description of the services to be performed, and the time within which services must be performed. 2.2 CORRECTION OF ERRORS, OMISSIONS, DEFICIENCIES The CONTRACTOR shall, without additional compensation, promptly correct any errors, omissions, deficiencies, or conflicts in the work product of the CONTRACTOR or its subCONTRACTORs, or both. 2 2.3 NOTICE REQUIREMENT All written correspondence to the COUNTY shall be dated and signed by an authorized representative of the CONTRACTOR. Any notice required or permitted under this Agreement shall be in writing and hand delivered or mailed, postage pre-paid, to the COUNTY by certified mail, return receipt requested, or by deposit with an overnight express delivery service with proof of receipt to the following: Christine Hurley Growth Management Division Director 2798 Overseas Hwy. Marathon, Florida 33050 And: Robert Shillinger County Attorney 1111 12'h Street, Suite 408 Key West, Florida 33040 And: Mr. Roman Gastesi, Jr. Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 For the CONTRACTOR: Mark Stafford Chief Executive Officer 740 Museum Dr., Mobile, Alabama 36608 ARTICLE III ADDITIONAL SERVICES 3.1 The services described in Article III are those that may be provided by the CONTRACTOR (C. below provided for example purposes only) and are not included in Basic Services. If requested by the COUNTY they shall be paid for as an addition to the compensation paid for the Basic Services but only if approved by the COUNTY before commencement. A. Providing services by CONTRACTOR for other than the previously listed scope of the Project provided as a part of Basic Services. B. Providing any other services not otherwise included in this Agreement or not customarily furnished in accordance with generally accepted debris recovery operations. C. Providing representation before public bodies in connection with the Project, upon approval by COUNTY. 3.2 If Additional Services are required, such as those listed above, the COUNTY shall issue a letter requesting and describing the requested services to the CONTRACTOR. The CONTRACTOR shall respond with a fee proposal to perform the requested services. Only 3 after receiving an amendment to the Agreement and a notice to proceed from the COUNTY, shall the CONTRACTOR proceed with the Additional Services. ARTICLE IV COUNTY'S RESPONSIBILITIES 4.1 The COUNTY shall provide full information regarding requirements for the Project including physical location of work. 4.2 The COUNTY shall designate a representative to act on the COUNTY's behalf with respect to the Project. The COUNTY or its representative shall render decisions in a timely manner pertaining to documents submitted by the CONTRACTOR in order to avoid unreasonable delay in the orderly and sequential progress of the CONTRACTOR'S services. 4.3 Prompt written notice shall be given by the COUNTY and its representative to the CONTRACTOR if they become aware of any fault or defect in the Project or non- conformance with the Agreement Documents. Written notice shall be deemed to have been duly served if sent pursuant to paragraph 2.3. 4.4 The COUNTY shall furnish the required information and services and shall render approvals and decisions as expeditiously as necessary for the orderly progress of the CONTRACTORS services and work of the contractors. 4.5 The COUNTY's review of any documents prepared by the CONTRACTOR or its subcontractors shall be solely for the purpose of determining whether such documents are generally consistent with the COUNTY's criteria, as, and if, modified. No review of such documents shall relieve the CONTRACTOR of responsibility for the accuracy, adequacy, fitness, suitability or coordination of its work product. 4.6 The COUNTY shall provide copies of necessary documents required to complete the work. 4.7 Any information that may be of assistance to the CONTRACTOR that the COUNTY has immediate access to will be provided as requested. ARTICLE V INDEMNIFICATION AND HOLD HARMLESS 5.1 The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend COUNTY, its commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including death, personal injury, and property damage, including damage to property owned by Monroe County, and any other losses, damages, and expenses of any kind, including attorney's fees, court costs and expenses, which arise out of, in connection with, or by reason of services provided by CONTRACTOR or its Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the CONTRACTOR, its Subcontractor(s) in any tier, their officers, employees, servants and agents. In the event that the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTOR's failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify COUNTY from any and all increased expenses resulting from such delay. Should any claims be asserted against COUNTY by virtue of any deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the 4 CONTRACTOR agrees and warrants that CONTRACTOR hold the County harmless and shall indemnify it from all losses occurring thereby and shall further defend any claim or action on the COUNTY's behalf. The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR is consideration 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. This indemnification shall survive the expiration or earlier termination of the Agreement. ARTICLE VI PERSONNEL 6.1 PERSONNEL The CONTRACTOR shall assign only qualified personnel to perform any service concerning the project. At the time of execution of this Agreement, the parties anticipate that the following named individuals will perform those functions as indicated: NAME FUNCTION Compliance and Administrative Kristy Fuentes Protect Logistics and Setup Lisa Garcia Contract Management Bryan Fike Regional Manager South Florida Mark Stafford Chief Executive Officer Drew Wilson Debris Operations Manager So long as the individuals named above remain actively employed or retained by the CONTRACTOR, they shall perform the functions indicated next to their names. If they are replaced the CONTRACTOR shall notify the COUNTY of the change immediately. CONTRACTOR shall provide equally qualified personnel if the above named are replaced. ARTICLE VII COMPENSATION 7.1 PAYMENT SUM The COUNTY shall pay the CONTRACTOR in current funds for the CONTRACTOR'S performance of this Agreement based on rates negotiated and agreed upon and shown in Attachment B. 7.2 PAYMENTS For its assumption and performances of the duties, obligations and responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with assigned Tasks and completion of Tasks, based on submitted invoices. 5 (A) If the CONTRACTOR'S duties, obligations and responsibilities are materially changed by amendment to this Agreement after execution of this Agreement, compensation due to the CONTRACTOR shall be equitably adjusted, either upward or downward; (B) As a condition precedent for any payment due under this Agreement, the CONTRACTOR shall submit proper invoices to COUNTY requesting payment for services properly rendered and reimbursable expenses due hereunder. The CONTRACTOR'S invoices shall describe with reasonable particularity the service rendered. The CONTRACTOR'S invoices shall be accompanied by such documentation or data in support of expenses for which payment is sought and which the COUNTY may require, and which comply with FEMA requirements. (C) Payment shall be made pursuant to the Local Government Prompt Payment Act, 218.735, Florida Statute. 7.3 REIMBURSABLE EXPENSES There shall be no reimbursable expenses or items, other than those enumerated in the Agreement. 7.4 BUDGET 7.4.1 The CONTRACTOR is not entitled to receive, and the COUNTY is not obligated to pay, any fees or expenses in excess of the amount budgeted for this contract in each fiscal year (October 1 - September 30) by COUNTY's Board of County Commissioners. The budgeted amount may only be modified by an affirmative act of the COUNTY's Board of County Commissioners. 7.4.2 The COUNTY's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board of County Commissioners and the approval of the Board members at the time of contract initiation and its duration. ARTICLE VIII INSURANCE 8.1 The CONTRACTOR shall obtain insurance as specified and maintain the required insurance at all times that this Agreement is in effect. In the event the completion of the project (to include the work of others) is delayed or suspended as a result of the CONTRACTORS failure to purchase or maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY from any and all increased expenses resulting from such delay. 8.2 The coverage provided herein shall be provided by an insurer with an A.M. Best rating of VI or better, that is licensed to do 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. 6 8.3 CONTRACTOR shall obtain and maintain the following policies: A. Workers' Compensation insurance as required by the State of Florida, sufficient to respond to Florida Statutes Chapter 440. B. Employers Liability Insurance with limits of $1,000,000 per Accident, $1,000,000 Disease, policy limits, $1,000,000 Disease each employee. C. Comprehensive business automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, hired or non- owned vehicles, with One Million Dollars ($1,000,000.00) combined single limit and One Million Dollars ($1,000,000.00)annual aggregate. D. Commercial general liability, including Personal Injury Liability, covering claims for injuries to members of the public or damage to property of others arising out of any covered act or omission of the CONTRACTOR or any of its employees, agents or subcontractors or subcontractors, including Premises and/or Operations, Products and Completed Operations, Independent Contractors; Broad Form Property Damage and a Blanket Contractual Liability Endorsement with One Million Dollars ($1,000,000) per occurrence and annual aggregate. An Occurrence Form policy is preferred. If coverage is changed to or 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 must extend for a minimum of 48 months following the termination or expiration of this contract. E. Pollution Liability insurance of One Million Dollars ($1,000,000.00) per occurrence and Two Million Dollars ($2,000,000.00) annual aggregate. If the policy is a "claims made" policy, CONTRACTOR shall maintain coverage or purchase a "tail" to cover claims made after completion of the project to cover the statutory time limits in Chapter 95 of the Florida Statutes. F. Watercraft Liability insurance of One Million Dollars ($1,000,000.00). G. Jones Act Coverage 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. H. COUNTY shall be named as an additional insured with respect to CONTRACTOR'S liabilities hereunder for all insurance coverages except Workers Compensation and Employers Liability. I. CONTRACTOR shall require its subcontractors to be adequately insured at least to the limits prescribed above, and to any increased limits of CONTRACTOR if so required by COUNTY during the term of this Agreement. COUNTY will not pay for increased limits of insurance for subcontractors. 7 J. CONTRACTOR shall provide to the COUNTY certificates of insurance or a copy of all insurance policies including those naming the COUNTY as an additional insured. The COUNTY reserves the right to require a certified copy of such policies upon request. K. 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. ARTICLE IX MISCELLANEOUS 9.1 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. 9.2 OWNERSHIP OF THE PROJECT DOCUMENTS The documents prepared by the CONTRACTOR for this Project belong to the COUNTY and may be reproduced and copied without acknowledgement or permission of the CONTRACTOR. 9.3 SUCCESSORS AND ASSIGNS The CONTRACTOR shall not assign or subcontract its obligations under this agreement, except in writing and with the prior written approval of the Board of County Commissioners for Monroe County and the CONTRACTOR, which approval shall be subject to such conditions and provisions as the Board may deem necessary. This paragraph shall be incorporated by reference into any assignment or subcontract and any assignee or subcontractor shall comply with all of the provisions of this agreement. Subject to the provisions of the immediately preceding sentence, each party hereto binds itself, its successors, assigns and legal representatives to the other and to the successors, assigns and legal representatives of such other party. 9.4 NO THIRD PARTY BENEFICIARIES Nothing contained herein shall create any relationship, contractual or otherwise, with or any rights in favor of, any third party. 9.5 TERMINATION A. In the event that the CONTRACTOR shall be found to be negligent in any aspect of service, the COUNTY shall have the right to terminate this agreement after five days written notification to the CONTRACTOR. B. Either of the parties hereto may cancel this Agreement without cause by giving the other party sixty(60)days written notice of its intention to do so. 8 9.6 CONTRACT DOCUMENTS This contract consists of the Request for Proposals (RFP), any addenda, the Form of Agreement (Articles I-IX), the CONTRACTOR'S response to the RFP, the documents referred to in the Form of Agreement as a part of this Agreement, and modifications made after execution by written amendment. In the event of any conflict between any of the Contract documents, the one imposing the greater burden on the CONTRACTOR will control. 9.7 PUBLIC ENTITIES CRIMES 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 contracts 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 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. By signing this Agreement, CONTRACTOR represents that the execution of this Agreement will not violate the Public Entity Crimes Act(Section 287.133, Florida Statutes). Violation of this section shall result in termination of this Agreement and recovery of all monies paid hereto, and may result in debarment from COUNTY's competitive procurement activities. In addition to the foregoing, CONTRACTOR further represents that there has been no determination, based on an audit, that it or any subCONTRACTOR has committed an act defined by Section 287.133, Florida Statutes, as a "public entity crime" and that it has not been formally charged with committing an act defined as a "public entity crime" regardless of the amount of money involved or whether CONUSULTANT has been placed on the convicted vendor list. CONTRACTOR will promptly notify the COUNTY if it or any subcontractor or CONTRACTOR is formally charged with an act defined as a "public entity crime" or has been placed on the convicted vendor list. 9.8 MAINTENANCE OF 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. Records shall be retained for a period of five years from the termination of this agreement. Each party to this Agreement or its authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRACTOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the Florida Statutes, running from the date the monies were paid by the COUNTY. 9 9.9 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, COUNTY and CONTRACTOR agree that venue shall lie in the 16th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the appropriate administrative body. This agreement shall not be subject to arbitration. 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. 9.10 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. 9.11 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 the 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 courts costs in appellate proceedings. 9.12 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. 9.13 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. 9.14 CLAIMS FOR FEDERAL OR STATE AID CONTRACTOR and COUNTY agree that each shall be, and is, empowered to apply for, seek, and obtain federal and state funds to further the purpose of this Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. 10 9.15 ADJUDICATION OF DISPUTES OR DISAGREEMENTS COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of County Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. This provision does not negate or waive the provisions of paragraph 9.5 concerning termination or cancellation. 9.16 COOPERATION In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement, COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings, hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement. 9.17 NONDISCRIMINATION CONTRACTOR and COUNTY 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. CONTRACTOR or COUNTY agrees to comply with all Federal and Florida statutes, and all local ordinances, as applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) 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; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which prohibits discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of alcohol and drug abuse patient records; 8) 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; 9) 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; 10) Monroe County Code Chapter 13, Article VI, which prohibits discrimination on the basis of race, color, sex, religion, national origin, ancestry, sexual orientation, gender identity or expression, familial status or age; 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. 9.18 COVENANT OF NO INTEREST CONTRACTOR and COUNTY 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 only interest of each is to perform and receive benefits as recited in this Agreement. 9.19 CODE OF ETHICS COUNTY agrees that officers and employees of the COUNTY recognize and will be required to comply with the standards of conduct for public officers and employees as delineated in Section 112.311, et seq, Florida Statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing business with one's agency; unauthorized compensation; misuse of public position, conflicting employment or contractual relationship; and disclosure or use of certain information. 9.20 NO SOLICITATION/PAYMENT The CONTRACTOR and COUNTY 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. 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 as amended by Ordinance 020-1990 or any county officer or employee in violation of Section 3 of Ordinance No. 010-1990. 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. 9.21 PUBLIC RECORDS Pursuant to F.S. 119.0701, Contractor and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: A. Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in order to perform the service. B. Provide the public with access to public records on the terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. C. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. D. Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to 12 Monroe County in a format that is compatible with the information technology systems of Monroe County. 9.22 NON-WAIVER OF IMMUNITY Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the CONTRACTOR and the COUNTY 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. 9.23 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. 9.24 LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. 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. 9.25 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 CONTRACTOR and the COUNTY agree that neither the CONTRACTOR nor the COUNTY 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. 9.26 ATTESTATIONS AND TRUTH IN NEGOTIATION CONTRACTOR agrees to execute such documents as COUNTY may reasonably require, including a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. Signature of this Agreement by CONTRACTOR shall act as the execution of a truth in negotiation certificate stating that wage rates and other factual unit costs supporting the compensation pursuant to the Agreement are accurate, complete, and current at the time of contracting. The original contract price and any additions thereto shall 13 be adjusted to exclude any significant sums by which the agency determines the contract price was increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit costs. All such adjustments must be made within one year following the end of the Agreement. 9.27 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. 9.28 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. 9.29 OTHER REQUIREMENTS This Agreement is subject to the following provisions which are incorporated in and made a part of this Agreement. 9.29.1 Davis-Bacon Act - In accordance with the Davis-Bacon Act, the CONTRACTOR or their subcontractors shall pay workers employed directly upon the site of the work no less than the locally prevailing wages and fringe benefits paid on projects of a similar character. The current prevailing wage rates can be found at: www.access.qpo.qov/davisbacon/fl.html under Monroe County. 9.29.2 Americans with Disabilities Act of 1990 (ADA)-The CONTRACTOR will comply with all the requirements as imposed by the ADA, the regulations of the Federal government issued thereunder, and the assurance by the CONTRACTOR pursuant thereto. 9.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of the COUNTY that DBE's, as defined in 49 C.F.R. Part 26, as amended, shall have the opportunity to participate in the performance of contracts financed in whole or in part with COUNTY funds under this Agreement. The DBE requirements of applicable federal and state laws and regulations apply to this Agreement. The COUNTY and its CONTRACTOR agree to ensure that DBE's have the opportunity to participate in the performance of this Agreement. In this regard, all recipients and contractors shall take all necessary and reasonable steps in accordance with applicable federal and state laws and regulations to ensure that the DBE's have the opportunity to compete for and perform contracts. The COUNTY and the CONTRACTOR and subcontractors shall not discriminate on the basis of race, color, national origin or sex in the award and performance of contracts, entered pursuant to this Agreement. 14 • IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly authorized representative on the day and year indicated. ,�Iv.:. L) BOARD OF COUNTY COMMISSIONERS i - set: Amy Heavilin, Clerk OF MONROE COUNTY, FLORIDA eCeir ,r uty Clerk Mayor/C Date: &&V1LQJ7J I in', dos ___ ���...JJJ A NT CTOR By: 61 ""�// By: WI N€SS vv.,�� Print name: rI s(L{ C 0 Vt'5 Print name and title: Mark Stafford/CEO 1 JJJ MONROE COUNTY ATTORNEY By: .oCif fAOD APP OVED AS TO FORM WITNESS --i / Print name: Us C W., --✓ �� ------- --- PETER MORRIS STATE OF Lo�:s wno ASSISTANT COUNTY ATTORNEY r.sL Date: a/Y7aoIr 807NT-YOF O.-teavt5 On this Irl day of rCb+�7 201< , before me the person whose name is subscribed above, and who produced Ur;veds Lctmi. as identification, acknowledged that he/she is the Lppeeerson ho executed the above Contract for the purposes therein contained. 'otary Public Print Name My commission expires: Seal E►RY A. DES ROCHES NOTARY PUBIC State of LouNiNve,Be No.MAO My CoaaMMon le fa'INe 15 EXHIBIT A SCOPE OF WORK FOR RESPONSE AND RECOVERY SERVICES INCLUDING LOBSTER TRAPS,MARINE DEBRIS, AND ABANDONED AND DERELICT VESSELS The Scope of Work described below will be referred to as the Project"or "project". Lobster(or Stone Crab)Trap Removal Contractor will be responsible for managing the removal and disposal of lobster traps destroyed or substantially damaged as the result of a hurricane or other storm event; to include the identification of locations in the water where significant trap debris exists, working with the Florida Keys Commercial Fishermen's Association or other entities (as approved by Monroe County) to locate, remove, and dispose of traps, and oversight of field monitoring, and billing for the project. Detailed Responsibilities: • CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and Reduction Sites (TDSRS). • CONTRACTOR will provide management and oversight for County designated TDSRS to manage traps prior to appropriate disposal. No traps or trap parts shall be disposed of offshore. TDSRS may be at fish houses or commercial fishing related facilities. • CONTRACTOR will determine locations of significant lobster trap debris in an area from Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to include municipalities. No effort should be made to assess the area within the bounds of Everglades National Park. Assessment of debris locations should not extend beyond '/z mile further toward the ocean or gulf from the islands connected by U.S. highway 1, unless there are known shallow water flat areas which may harbor trap debris. In addition. a less detailed assessment of the existence of lobster trap debris should be completed for the area ten miles (plus or minus) west of Key West. • CONTRACTOR will only remove traps that have washed up on shallow water"flats" in the Keys or which otherwise exist in the near shore environment of the Keys and are tangled with other trap material (trap lines particularly); such that these traps cannot be construed as being active or functional for"fishing." • CONTRACTOR will provide supervision and project oversight as required by FEMA, the State of Florida, and the County in conjunction with County staff and/or a monitoring firm employed by the County. Monitoring will include determination of actual trap removal counts of complete or partial traps and coordination with FEMA, the State of Florida, or Monroe County for verification of such counts. • CONTRACTOR will be responsible for the management of all project expenses and billing documentation as will be required by FEMA, the State of Florida, and the County. 16 • CONTRACTOR through separate sub-contract(s) may accept the assistance of any other valid, qualified contractor as needed to assist in this project. COUNTY reserves the right to solely determine if the sub-contractor in question is qualified to participate in this project. Canal and Nearshore Marine Debris Clean-up CONTRACTOR will be responsible for managing the assessment, removal and disposal of marine debris in manmade canals and nearshore areas (within A mile of shore) which has resulted from the impacts of hurricanes or other natural or man-made events, within the term of the Agreement. Efforts are to include the identification of locations in the water of where significant marine debris exists, contracting with local marine contractors (as necessary) to locate, remove, and dispose or marine debris, and oversight of field operations for the project. Detailed Responsibilities: • CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and Reduction Sites (TDSRS). • CONTRACTOR will provide management and oversight of County designated TDSRS for storage of marine debris prior to appropriate final disposal. • CONTRACTOR will determine locations of marine debris in manmade canals and nearshore areas within an area to include Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch" and Card Sound Road, to include the municipalities. The definition of manmade canal shall be that found in the Monroe County Code of Ordinances. • CONTRACTOR will assess total potential volume or area (linear feet or area of canal or shoreline, tons, cubic yards, etc.) for the amount of marine debris likely to be removed and disposed of Marine debris should include such material that is visible on or just under the water's surface and that would cause a hazard to safe navigation or be a potential risk to human health if not removed. Such marine debris should not be debris attached to personal property unless permission is provided to remove such debris. An effort should be made to contact a property owner to obtain permission to remove material that is obviously debris, but which may be tied or otherwise affixed to land for reasons of maintaining clear navigation. • CONTRACTOR will perform pre-removal assessment and mapping of canal debris using cost-effective technology, including side scan sonar or other methodology, to provide identification and assessment of debris locations. • CONTRACTOR will complete Contracts for Service with local marine contractors, as necessary, to remove debris from manmade canals and/or shoreline areas located in the project work area. • CONTRACTOR will provide supervision for project oversight efforts as required by FEMA or the Natural Resources Conservation Service (NRCS) (U.S. Department of Agriculture), 17 the State of Florida, and the County in coordination with County staff and/or a monitoring firm employed by the County. • CONTRACTOR will be responsible for the management of all project expenses and billing documentation as will be required by FEMA or NRCS, the State of Florida, and the County Abandoned and Derelict Vessel Recovery and Disposal CONTRACTOR will be responsible for managing the removal from the water, impound and auction or disposal, of derelict and abandoned vessels surrounding the Florida Keys which are largely, but not exclusively, the result of impacts of hurricane and other storm events within the term of the Agreement. Efforts are to include the detailed cost assessment for the removal of larger vessels which are located in shallow waters and are hard aground. Work will also include obtaining necessary salvage approvals through applicable state and federal agencies, including the Florida Keys National Marine Sanctuary, the United States Coast Guard, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife Conservation Commission. Detailed Responsibilities: • CONTRACTOR will be responsible for locating appropriate Temporary Debris Storage and Reduction Sites (TDSRS) • CONTRACTOR will determine current locations of remaining abandoned and derelict vessels and determine the least costly approach for salvage or disposal as appropriate. • CONTRACTOR will provide management and oversight of County designated temporary debris sites for storage of vessels (including floating structures) and associated debris prior to appropriate final disposal. • CONTRACTOR will assess total potential value of the removal operation whether by means leading to disposal or by means appropriate for salvage and sale for cost. • CONTRACTOR will work with local, state, and federal agencies to approve salvage plans for vessels that are located on sensitive marine or wetland resources, including shallow water seagrass areas and mangrove communities. • CONTRACTOR will, prior to ultimate removal from the marine environment, reach agreement with local, state, and federal agencies on which abandoned vessels will be "eligible" under FEMA's eligibility guidelines. • CONTRACTOR will prior to ultimate removal from the marine environment, reach agreement on which vessels will be removed for disposal and which will be removed to a holding site for cost recovery through sale to an original owner or auction. • CONTRACTOR will provide supervision for project oversight efforts as required by FEMA and the County in conjunction with County staff and/or a monitoring firm employed by the County. 18 • CONTRACTOR will be responsible for all project oversight where salvage plans have been applied for and approved and necessary salvage criteria or constraints are imposed by approving agencies. • CONTRACTOR will be responsible for the management of all project expenses and billing documentation as will be required by FEMA and the County Balance of Page Intentionally Left Blank 19 EXHIBIT B FEE SCHEDULE FOR TRAPS, CANAL DEBRIS,VESSELS AND OTHER MARINE DEBRIS Trap Debris Cost per Trap Removed: Shallow Water (0-2') Channels (2' plus) $ 51.00 S 44.00 1. All traps and trap parts collected will be brought in to Temporary Debris and Reduction Sites (TDSRS) on land, utilizing fish houses where possible. 2. When possible, the Contractor will work with local commercial fisherman and other capable and interested parties as sub-contractors for this project. 3. All trap debris will be disposed of at a certified, DEP permitted disposal site on the mainland (e.g. Central Disposal located in Pompano Beach). Disposal costs will be a pass through to the County, and reflect the actual cost of disposal at that designated disposal site. 4. Partial traps will be billed as Y/ trap and at '/ the cost noted above. Counts of complete or partial traps will be determined by monitoring, as indicated in Exhibit A of the Agreement. Canal Debris Costs for Canal Debris Assessment $ 12.00 per linear foot assessed Costs for Canal Debris Removal: Manmade debris removal from canals $ 20.00 per ton removed/disposed of Vegetative debris removal from canal $ 18.50 per ton removed/disposed of Vessels and Other Open Water Marine Debris Cost of boat/vessel and marine debris removal: Boats/Vessels retrieved from the land by means of various equipment. No use of water borne equipment. $ 150.00 per linear foot of vessel 20 Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of various equipment including barges, cranes, boats, etc. Non Salvageable: $ 35.00 per linear foot of vessel Other Boats/Vessel up to 35 feet in length retrieved from the water by means of various equipment including barges, cranes,boats, etc. Salvageable: $ 150.00 per linear foot of vessel Non Salvageable: $ 225.00 per linear foot of vessel Other Boats/Vessel in excess of 35 feet in length retrieved from the water by means of various equipment including barges, cranes,boats, etc. Salvageable: $ 250.00 per linear foot of vessel Non Salvageable: $ 225.00 per linear foot of vessel Houseboats, floating structures and larger vessels that may create some difficulty in removal due to location (edge of islands or in the mangroves, hard aground etc.) retrieved from the water by means of various equipment including barges, cranes, boats, etc. Salvageable: $ 400.00 per linear foot of vessel Non Salvageable: $ 225.00 per linear foot of vessel Per day fees for storage/dockage for salvaged boats/vessels. $ 40.00 per unit/daily Respondent responsible for providing storage/dockage site. Water based marine debris found outside of canals including nearshore collection and transport to offloading site: $ 50.00 per cubic yard collected 1. The removal of vessels of special consideration may require unexpected additional effort and further negotiation may be allowed on a case by case basis. __ _2. Substantially intact vessels (Greater than 80%) are considered to be vessels for the purposes of this fee schedule and will be billed by the linear foot. Note, in all cases traps, vessels, and other marine debris: • Load and haul to TDSRS, any necessary separation and reduction cost, and haul out to final resting place of trap line, floats, and funnels must be considered in any price quote provided. • Tipping fees from final disposal of all canal/waterway debris brought to land will be a pass through cost to be determined upon designation of final disposal facilities. 21 A`� CERTIFICATE OF LIABILITY INSURANCE DATE'""M°"" ' OvDER15 .T THIS CERTIFICATE IS ISSUED AS AA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT MCGRIFF.SEIBELS A WILLIAMS OF TEXAS,INC. NAME: 5080 Spectrum Dr.,Suite 900E PHONE n,TX 75001 (A/C pP,Exu: (469)232-2100 — FAX -- -- — — Addi EMAIL _—WC.Nol: — ADDRESS: INSURER(S)AFFORDING COVERAGE NAICIt INSURED -- - - INSURER A Starr S pl Lines Insurance Company 13604 DRC Eme g y S ces,LLC INSURER a Starr Indemnity A Liability Company r 38318 740 Museum Drive _ Mobile,AL 36608-1940 INSURER CFetleral Insurance Company 20281 INSURER D'. INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:A320K3B5 REVISION NUMBER: 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 15 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR . —WOUL'SUBR LTR TYPE OF INSURANCE INSD WYD POLICY NUMBER MLICY EFF POLIDYEXP — — IMM/DD2YYY) M/IMDD/WYYII LIMITS A X COMMERCIAL GENERAL LIABILITY ' 1000065359151 01/31/2015 01/31/2016 EACH OCCURRENCE I$ 1,000,000 CLAIMS-MADE .,OCCUR i DAMAGE TOWENTEO " $0.000''REMISES{Ea occurrence) $ I rMED EX?(Any one person} $ 5,000 X ProfessionalLiability$1,001J.000 X GERSONAL&ADM INJURY $ 1.000.000 'GEN'L AGGREGATE LIMIT APPLIES PER'. FGENERAL AGGREGATE POLICY n jE& LDc 'P $ 2,000,000 PRODUCTS AGG $ 2.000.000 j OTHER: I$ B AUTOMOBILE LWBILITY SISIPCA08285215 01/31/2015 01/31/2016 COMBINED SINGLE LIMIT X ANY AUTO 'BODILY SS 1.000,000 BODILYICY INJURY(Per person) $ALL OWNED SCHEDULED AUTOS NON-O X �PROILV INJURY(Per accident)i$ AUTOS X HIRED AUTOS X AUTOS NED AVT°$ PROPERTY $ — — - accident) A UMBRELLA LIAR X OCCUR 1000336333151 01/31/2015 01/31/2016Follow Form OCCURRENCE b 10000,000 X EXCESS LIAB CLAIMS-MADEX T�Ti. AGGREGATE $ 10.000,000 D RETENTION$ C WORKERS COMPENSATION 004 4727472 $ AND EMPLOYERS'LIABILITY nUntl¢s UBH&L 01/31/2015 01/31/2016 X PAT OER ANY PROPRIETORPARTNER/EXECUTIVE Y/NI STATUTE ACCIDENT ER OFFICER/MEMBER EXCLUDED? NIA E1,EACH $ 1.000.000 IMandatory in NH) (Ye describe under FL DISEASE.EA EMPLOYEE $ 1,000,000 " DESCRIPTION OF OPERATIONS below $ A 'Contractors Pollution E.L.DISEASE�POLICY LIMIT $ 1.000,000 11000065359151 01/31/2015 01/31/2016 'Each Occurrence r$ 1,000.1J00 Polic Able X I Deductible Each Loss $ 1020,000 DESCRIPTION OF ONS/LOCATIONS/VEHICLES (ACORD 101.Addito N nal Ramada schedule,may be attached more i $ Project: Marine Debris Removal peo is required) Monroe County Board of County Commissioners is included as Additional Insured(except on Workers Compensation)as required by written contract. The above referenced policy(s)include a waiver of subrogation in favor of Monroe County Board of County Commissioners. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, Monroe County Board of County Commissioners Attn: Rich Jones AUTHORIZED REPRESENTATIVE 2798 Overseas Hwy / (((```///rrr Marathon,FL 33050 — Anne.,ne IInn A all r Tw.. Annon.............w r��., .,,,,Pa9,,,er...w ©7988.28rnonORD CORPORATION. All rights reserved. A`� CERTIFICATE OF LIABILITY INSURANCE DATE(MWDDIYYYY) 01/23/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER cON�E MCGRIFF,SEIBELS&WILLIAMS OF TEXAS,INC. PRONE 5080 Spectrum Dr.Suite 900E INC.No Ee6 (469)232-2100 FAX Addison,TX 75001 ADDRESS: DL (NC, xoc AD INSURER(S)AFFORDING COVERAGE NAILM INSURER A:Start Surplus Lines Insurance Company 13604 INSURED INSURER B:Stan IndemnitySiabll DRC Museum Services,LLC74 Company 38318 Museum Drive INSURERC Federal Insurance Company Mobile,AL 36608-1940 20281 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:A32O1OBS REVISION NUMBER: THIS 15 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. INSR ADUL SUBM LTR TYPE OF INSURANCE IXSD PAID POLICY NUMBER POLICY EFF POODYEXP A X1000065359151 IMYIDDIYYYY) (MW Y) LIMITS COMMERCIAL GENERALLABILT' 01/31/2015 01/31/2016 F� EACH OCCURRENCE 1.000,000 CLAIMS-MADE OCCUR PRDAEMISES SES(Es oGE 10 ccurrence) SO,000 MED EXP(Any one person) 5,000 X Professional Liability$1,000.000 X • PERSONAL flgwINJURY 1,000,000 GENL AGGREGATE LIMIT APPLIES PER- GENERAL AGGREGATE 2,000.000 I POLICY H 1761r9i ri LOC I PRODUCTS.COMPIOP AGG 2,000,0W —I OTHER: B AUTOMOBILE LIABILITY SISIPCA08285215 01/31/2015 01/3112016 COMBINED SINGLE LIMIT (Ea evident) $ 1,000.000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED — SCHEDULED AUTOS AUTOS X BODILY tPoraxiean0 a X MIRED AUTOS X AIUTOSWO "ED PROPERTY DAMAGE (Per accident) S A UMBRELLA JAB X1000336333151 $ _ OCCUR Follow Farm 01/31/2015 01/31/2016 EACH OCCURRENCE S 10,000,000 X EXCESS LIAR CLAIMS-MADE X AGGREGATE $ 10,000,000 DED RETENTION$ $ C WORKERS COMPENSATION CO407472 01/31/2015 01/31/2015 • X PER OTw AND EMPLOYERS'LUBIVTY YIN Includess USH&L STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE EXCLUDED' 1.000.000 OFFICERIMEMBER N/A EL.EACH ACCIDENT $ mandatory In NM • EL.DISEASE-EA EMPLOYEE$ 1000.000 II yes,descdbe under DESCRIPTION OF OPERATIONS below E.L.DISEASE.POLICY LIMIT 1.000,000 A Contractors Pollution 1000065359151 01/31/2015 01/31/2016 Each Occurrence 1,000,000 X Policy Aggregate 1,000,000 Deductible Each Loss 20,000 DESCRIPTION OF OPERATIONS/LOCATIONS/PERICLES(ACORD 101,Additional Remarks Schedule,may be attached Il more spate Is repuintl) Project: Marine Debris Removal Monroe County Board of County Commissioners is included as Additional Insured(except on Workers Compensation)as required by i The above referenced policy(s)include a waiver of subrogation in favor of Monroe County Board of County Commissioners P GEMENT DA WAIVE N/A _ CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners Attn: Rich Jones AUTHORISED REPRESENTATIVE Marathon, FL s Hwy 3H50 at ( 71- 2798 Ov se 1((AA Page 1 of t ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD