Item H2BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17, 2014Division: Growth Mana ement
Bulk Item: Yes X No _ Department: Marine Resources Office
Staff Contact Person/Phone #: Richard Jones/289-2805
AGENDA ITEM WORDING: Approval to advertise a Request for Proposals (RFP) seeking a vendor
to provide post -disaster response and recovery services for marine debris and vessel removal, and
waiving the requirement for local preference based on market conditions and federal procurement
regulations.
ITEM BACKGROUND: Monroe County provides continuous coverage for post -disaster response and
recovery services (Services) for marine debris and vessel removals for the Florida Keys within Monroe County.
The current contractor for the provision of those Services is DRC Emergency Services, LLC (DRC). The
contract with DRC expires February 28, 2015. Staff has prepared an RFP in order to establish a future contract
for Services, which is anticipated to be effective March 1, 2015. The RFP is structured to both qualify
responders and receive proposed pricing for such Services. Based on Board approval of this item, and
subsequent evaluation and ranking of responses by a selection committee, staff will return to the Board to seek
selection of a firm and direction to negotiate a contract.
PREVIOUS RELEVANT BOCC ACTION:
September 2006- Approval of long term Agreement with DRC
November 2006- Approval of Amendment No.1 allowing removal of vessels of "special consideration"
August 2007- Approval of Amendment No.2 allowing direct billing of tipping fees
September 2007- Approval of Amendment No.3 extending the agreement for one year
September 2008- Approval of Amendment No.4 extending the agreement for one year
August 2009- Approval of Amendment No.5 extending the agreement for one year
May 2010- Approval of Amendment No.6 extending the agreement for one year and amending Attachment A
and Attachment B
July 2011- Approval of Amendment No.7 extending the agreement for one year
August 2012- Approval of Amendment No.8 extending the agreement through April 19, 2013
April 2013- Approval of Amendment No. 9 extending the agreement through February 28, 2014
March 20, 2014- Approval of Amendment No.10 extending the agreement through February 28, 2015
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO COUNTY: SOURCE OF FUNDS:
REVENUE PRODUCING: Yes _ No �_ AMOUNT PER MONTH Year
APPROVED BY: County Atty • X O OMB/Purchasing Risk Management
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
MONROE COUNTY
REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES
for
Disaster Response and Recovery Services
For Marine Debris and Vessel Removal
BOARD OF COUNTY COMMISSIONERS
Mayor, Sylvia Murphy, District 5
Mayor Pro-Tem, Danny L. Kohlage, District 1
Heather Carruthers, District 3
David Rice, District 4
George Neugent, District 2
COUNTY ADMINISTRATOR
Roman Gastesi, Jr.
CLERK OF THE CIRCUIT COURT
Amy Heavilin
GROWTH MANAGEMENT
Christine Hurley
AUGUST 2014
PREPARED BY:
Monroe County Marine Resources Office
RFB for Disaster Response and Recovery Services for Marine Vessel and Debris Removal
TABLE OF CONTENTS
SECTION ONE - Instruction to Respondents
SECTION TWO - Scope of Work
SECTION THREE - Draft Contract
SECTION FOUR - County Forms
SECTION FIVE- Insurance Requirements
Balance of Page Intentionally Left Blank
RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
SECTION ONE: INSTRUCTION TO RESPONDENTS
GENERAL DESCRIPTION OF SERVICES
Monroe County ("County") is seeking professional disaster (e.g. hurricane or other natural
or man-made events) response and recovery services to include the identification, removal
and disposal of marine debris (including floating structures) and derelict vessels from the
waters of Monroe County. The geographic scope of this Request For Proposals (RFP)
includes the nearshore waters and shorelines of Monroe County in the Florida Keys
including adjacent channels, and manmade canals and basins.
Interested parties should provide a response which addresses the following general
requirements, qualifications and capabilities, and identifies the capacity to carry out the
Scope of Work that follows. In addition to a detailed description of qualifications, the
respondent must provide a proposed pricing schedule for specific recovery and response
services by completing Exhibit B found in Section two of this RFP. Space is provided so
that fee amounts may be filled in.
The Federal Emergency Management Agency (FEMA) provides public assistance funds for
disaster response, debris removal and disposal operations. The County requires the awarded
contractor to provide these and other disaster related services in full compliance with FEMA
regulations and requirements for the County to be reimbursed for these disaster response and
recovery related expenses.
1.01 PROPOSAL SUBMISSION REQUIREMENTS
A. All proposals must be received by the Monroe County Purchasing Office, 1100
Simonton Street, Room 2-213, Key West, Florida 33040, on or before 3:00 p.m, on
Month Day, 2014. Two (2) signed originals and four (4) complete copies of each
proposal shall be submitted in a sealed envelope marked on the outside, "Proposal
Statement - Disaster Response and Recovery Services for Marine Debris and Vessel
Removal'.
B. All submissions must remain valid for a period of one hundred and twenty (120) days
from the date of the deadline for submission indicated above. The Board will
automatically reject the response of any person or affiliate who appears on the convicted
vendor list prepared by the Department of General Services, State'of Florida, under Sec.
287.133(3)(d), Florida Statute (2013). The Board reserves the right to reject any or all
proposals, to waive informalities in the proposals and to re -advertise for proposals. The
Board also reserves the right to separately accept or reject any item or items of a
proposal and to award and/or negotiate a contract in the best interest of the County.
C. The County reserves the right to reject any and all responses and to waive technical
errors and irregularities as may be deemed best for the interests of the County.
Responses which contain modifications, are incomplete, unbalanced, conditional,
obscure, or which contain additions not requested or irregularities of any kind, or which
do not comply in every respect with the Instruction to Respondents, and the contract
documents, may be rejected at the option of the County.
RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
1.02 COPIES OF REQUEST FOR PROPOSAL DOCUMENTS
A. Only complete sets of Request for Proposal documents will be issued and used in
preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of RFP Documents may be obtained in the manner and at the locations
stated in the Notice of Proposal Statement.
1.03 DISQUALIFICATION OF RESPONDENT
Failure to complete these forms in every detail and submit them with your Response may result
in immediate disqualification of your Response.
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this
invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the proposals of all participants
in such collusion shall be rejected, and no participants in such collusion will be
considered in future bids for the same work.
B. PUBLIC ENTITY CRIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a proposal on
a contract to provide any goods or services to a public entity, may not submit a proposal
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit Proposals on leases 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 from the
date of being placed on the convicted vendor list. Category Two: $35,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his bid or proposal. Failure to complete this form in every
detail and submit it with the bid or proposal may result in immediate disqualification of
the bid or proposal.
D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid
or proposal in response to this invitation must execute the enclosed LOBBYING AND
CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to
complete this form in every detail and submit it with the bid or proposal may result in
immediate disqualification of the bid or proposal.
1.04 EXAMINATION OF RFP DOCUMENTS
A. Each Respondent shall carefully examine the RFP and other contract documents, and
inform himself thoroughly regarding any and all conditions and requirements that may in
any manner affect cost, progress, or performance of the work to be performed under the
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
contract. Ignorance on the part of the Respondent shall in no way relieve him of the
obligations and responsibilities assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify the
County.
1.05 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the contract
documents. Any inquiry or request for interpretation received in writing seven (7) or more
days prior to the date fixed for opening of responses will be given consideration. All such
changes or interpretation will be made in writing in the form of an addendum and, if issued,
will be furnished to all known prospective Respondents prior to the established Proposal
opening date. Each Respondent shall acknowledge receipt of such addenda in their
Proposal. In case any Respondent fails to acknowledge receipt of such addenda or
addendum, his response will nevertheless be construed as though it had been received and
acknowledged and the submission of his response will constitute acknowledgment of the
receipt of same. All addenda are a part of the contract documents and each Respondent will
be bound by such addenda, whether or not received by him. It is the responsibility of each
Respondent to verify that he has received all addenda issued before responses are opened.
Requests for additional information must be in writing and should be directed to Richard
Jones, Senior Administrator, Monroe County Marine Resources Office Suite 400, 2798
Overseas Hwy., Marathon, Florida 33050; 305/292-2356 (fax). All such requests must be
received at least ten (7) days prior to the time set for the response submission and will be
answered in writing to all potential Respondents, who have requested a copy of this
package, at least five (5) days prior to the time set for the proposal submission. Respondents
may not request nor rely upon any verbal representations concerning these specifications.
1.06 GOVERNING LAWS AND REGULATIONS
The Respondent 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. Knowledge of occupational license requirements and obtaining such licenses for
Monroe County and municipalities within Monroe County are the responsibility of the
Respondent.
1.07 PREPARATION OF RESPONSES
Signature of the Respondent: The Respondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words "doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the firm name and the
words "Member of the Firm" should be written beneath such signature. If the Respondent is
a corporation -or limited liability corporation, the title of the officer/manager signing the
Response on behalf of the corporation must be stated along with the Corporation Seal Stamp
and evidence of his authority to sign the Response must be submitted. The Respondent shall
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
state in the response the name and address of each person having an interest in the
submitting entity.
1.08 RESPONSIBILITY FOR RESPONSE
The Respondent is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
1.09 CONTENT OF SUBMISSION
The proposal package submitted in response to this Request for Proposals (RFP) shall be
typed on 8-1/2" x 11" white paper and bound; shall be clear and concise and provide the
information requested herein. Statements submitted without the required information will
not be considered. Responses shall be organized sections tabbed. The Respondent should
not withhold any information from the written response in anticipation of presenting the
information orally or in a demonstration, since oral presentations or demonstrations may not
be solicited. Each Respondent must submit adequate documentation to certify the
Respondent's compliance with the County's requirements. Respondents should focus
specifically on the information requested. Additional information, unless specifically
relevant, may distract rather than add to the Respondent's overall evaluation.
The following information, at a minimum, shall be included in the Submittal:
A. Cover Page
The cover page must state "PROPOSAL STATEMENT — DISASTER RESPONSE
AND RECOVERY SERVICES FOR MARINE DEBRIS AND VESSEL
REMOVAL". The cover page should contain Respondent's name, address, telephone
number, and the name of the Respondent's contact person and e-mail address.
B. Tabbed Sections
Tab 1. Financial Information and Litigation. In order to determine if persons
submitting proposals are responsible, all responses for contracts to be awarded under this
section must contain the following information:
I. A list of the person's shareholders with five percent or more of the stock; or, if a
general partnership, a list of the general partners; or, if a limited liability company,
a fist of its members.
II. A list of the officers and directors of the person.
III. The number of years the person has been operating and, if different, the number of
years it has been providing the services, goods or construction services similar to
those requested in the specifications.
IV. The number of years the person has operated under its present name and any prior
names.
V. The following, including answers to the questions regarding claims and suits:
a. Has the person ever failed to complete work or provide the goods for which it
has contracted? If yes, provide details.
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, or its officers or general partners? If yes,
provide details.
c. Has the person, within the last five years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction services
similar to those requested in the specifications? If yes, provide details.
d. Has the person ever initiated litigation against the County or been sued by the
County in connection with a contract to provide services, goods or construction
services? If yes, provide details.
e. Whether, within the last five years, an officer, general partner, controlling
shareholder or major creditor of the person was an officer, general partner,
controlling shareholder or major creditor of any other entity that failed to
perform services or furnish goods similar to those sought in the request for
qualifications.
£ Provide credit references.
Tab 2. Qualifications. The Respondent shall provide a narrative of the firm's
qualities and capabilities that demonstrate how the firm will work with the County to
fulfill the requirements of the Scope of Work. Describe the firm's use of technology in
the office and in the field and how it will be used to complete the Scope of Work.
Describe the firm's methodology for disaster response and marine debris recovery and
disposal operations given the extensive amount of field work that will be required, as
well as the firm's experience working with FEMA and other Federal and State disaster
agencies. The response should consider the following professional service needs:
• Ability to mobilize to the Florida Keys in a timely manner to respond to disasters
in the coastal environment in preparation for recovery and disposal activities
• Respondent has appropriate vehicles, vessels and equipment necessary to
perform post -disaster marine recovery and disposal services, and can sub-
contract with local contractors to assist with those services as necessary.
• Ability to perform containment, cleanup, removal, transport, storage, testing,
treatment and/or disposal of any hazardous, toxic, and industrial and bio-
hazardous materials waste resulting from the disaster.
• Provide project accounting services to include developing a project flow process,
file and reimbursement request management, and payment tracking.
• Review all sub -contractor documentation for consistency, compliance, and
completeness and require corrections as appropriate before submitting for
payment.
• Project scheduling and status/progress reporting
• Provision of individual project final inspection reports for reimbursement and
project closeout
• Provide identification, removal, transportation, and disposal of marine related
debris, including vessels, traps and other man-made materials.
• Provide services which allow the selection of the most cost effective, permissible
debris reduction method(s).
• Manage and operate Temporary Debris Storage and Reduction Sites (TDSRS) to
accept, process, reduce, and transport, debris material.
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
• Provide certified scales at TDSRS for monitoring of truckload weights of
services to determine cubic yardage or linear footage as necessary.
• Provide for debris transport and final debris disposal at certified disposal site/s on
the mainland as necessary.
• Coordination with the State Division of Emergency Management, FEMA,
Florida Department of Transportation (DOT), County, and other agencies to
ensure that debris collection, removal, transport, and disposal, with all necessary
documentation and supporting data meet each agency's requirements for
reimbursement eligibility.
Tab 3. Relevant Experience
The Respondent shall provide a project history of the firm or organization demonstrating
experience with disaster response and marine debris recovery projects that are similar in
scope and size to the proposed work.
Tab 4. Past Performance on Similar Projects
Each Respondent shall provide a list of past projects, including details of any related
work in the Florida Keys within Monroe County, and at least two written references of a
Florida local government or other governmental entities for which the Respondent has
provided the same or similar services during the past five years.
Each reference shall include, at a minimum:
Name and full address of referenced project and organization
Name and telephone number of Contact person for contract
Telephone number(s)
Date of initiation and completion of contract for referenced project
The list of past projects shall include a brief summary of the projects and services
provided. The list should be followed with a comparison of the past projects to the
services sought by this RFP.
Tab 5. Project Approach
The Respondent shall provide a workplan that outlines the services that the firm is able
to provide and explain how these services will be used to accomplish the Scope of Work
in Section Two. The description should include details of field operations, data
management operations, staffing levels, equipment to be used, minimum response time
after a disaster, methods of marine debris collection and reduction, and methodology for
complying with and responding to requirements of state and federal disaster agencies.
The Respondent should describe the marine debris tracking and documentation process
to ensure timely invoicing for services, and compliance with FEMA regulations and
guidelines
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
Tab 6. Staffing for this Project & Qualifications of Key Personnel
The Respondent shall describe the composition and structure of the firm (sole
proprietorship, corporation, partnership, joint venture) and include names of persons
with an interest in the firm.
The Respondent shall include an organizational chart and a list of all personnel to be
used to complete the Scope of Work. Resumes for each individual, including education,
background and experience should be included. This section should show evidence of
the f rm's ability to manage tasks simultaneously and expeditiously; approach to
problem/task resolution and teamwork.
The Respondent shall provide information on any subcontractors that may be employed
in performing the Scope of Work.
Tab 7. Additional Services
The Respondent shall describe any other disaster response and recovery related services
it is capable of providing other than the basic services detailed in Section Two (Scope of
Work).
Tab S. Cost Summary
The Respondent shall provide a fee schedule for the recovery and response services,
using Attachment B in the RFP. The respondent shall complete all pricing sections of
Attachment B for which the Respondent is qualified and intends to provide services for.
Tab 9. County forms
Respondent shall complete and execute the forms specified below and found in Section
Four in this RFP, and shall include them in the section tabbed 9:
Form
Response Form
Lobbying and Conflict of Interest Clause
Non -Collusion Affidavit
Drug Free Workplace Form
Respondent's Insurance and Indemnification Statement
Copies of all professional and occupational licenses shall be included in this
section.
1.10 MODIFICATION OF RESPONSES
Written modification will be accepted from Respondents if addressed to the entity and address
indicated in the Notice of Proposal Statement and received prior to Proposal due date and time.
RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
Modifications must be submitted in a sealed envelope clearly marked on the outside, with the
Respondents name and "Modification to Proposal Statement- Disaster Response and Recovery
Services For Marine Debris and Vessel Removal". If sent by mail or by courier, the above -
mentioned envelope shall be enclosed in another envelope addressed to the entity and address stated
in the Notice of Request for Proposals. Faxed or e-mailed modifications shall be automatically
rejected.
1.11 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and Responders
announced at the appointed time and place stated in the Notice of Request for Proposal. Monroe
County's representative authorized to open the responses will decide when the specified time has
arrived and no responses received thereafter will be considered. No responsibility will be attached
to anyone for the premature opening of a response not properly addressed and identified.
Respondents, or their authorized agents, are invited to be present.
1.12 RESPONSE EVALUATION AND SELECTION PROCESS
Responses will be evaluated at a publicly -noticed meeting by a Selection Committee composed of
the 1) Monroe County Marine Resources Senior Administrator, 2) the Monroe County Growth
Management Division Director, 3) and the Monroe County Director of Engineering Services (or
their designees). An additional person may be appointed by the County Administrator. The
Selection Committee will evaluate the proposals based on the following criteria:
1. Firm provided all necessary submittal forms (Yes/No)
2. Proximity of Respondent to the Keys and response time capabilities (10 pt) Tab 2
3. Suitable vessels, trucks and equipment to perform the described duties (10 pt) Tab 2
4. Relevant experience in regard to scope and size of project (10) Tab 3
5. Performance record and experience, including work performed in the Keys, in the area of
vessel/debris removal (20 pt) Tab 4
6. Project approach (15 pt) Tab 5
7. Experienced/trained staff (10 pt) Tab 6
8. Additional service capabilities which may be useful as needed (5 pt) Tab 7
9. Cost to County (50 pt) Tab 8
The Selection Committee will rank the proposals in order of preference and make a
recommendation to the County Commission to execute a contract(s) with the selected
Respondent(s). When the contract(s) is signed by the Respondent(s) and other required
documentation has been provided (Certificates of Insurance), the contract(s) will be brought before
the County Commission for final approval. No binding contract is created between any Respondent
and the County until a contract is approved by the County Commission.
RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
A. The County reserves the right to award separate contracts for each service area and to waive
any informality in any response, or to re -advertise for all or part of the work contemplated.
If responses are found to be acceptable by the County, written notice will be given to the
selected Respondent of the award of contract(s).
B. If the award of a contract is annulled, the County may award the contract to another
Respondent or the work may be re -advertised or may be performed by other qualified
personnel as the County decides.
C. A contract will be awarded to the Respondent(s) deemed to provide the services which are in
the best interest of the County, considering price, qualifications, time frame, and other
factors deemed relevant.
D. The County also reserves the right to reject the response of a Respondent who has
previously failed to perform properly or to complete contracts of a similar nature on time.
E. All responses, including the recommendations of the County Administrator or his designee,
will be presented to the Board of County Commissions of Monroe County, Florida, for final
awarding or otherwise.
1.14 EXECUTION OF CONTRACT
The Respondent with whom a contract is negotiated shall be required to return to the County four
(4) executed counterparts of the prescribed contract together with the required certificates of
insurance.
1.15 CERTIFICATES OF INSURANCE
The Respondent shall be responsible for all necessary insurance coverage as indicated below.
Certificates of Insurance must be provided to Monroe County within fifteen (15) days after award of
contract, with Monroe County BOCC listed as additional insured as indicated. If the proper
insurance forms are not received within the fifteen (15) day period, the contract may be awarded to
the next selected Respondent/Proposer. Policies shall be written by companies licensed to do
business in the State of Florida and having an agent for service of process in the State of Florida.
Companies shall have an A.M. Best rating of VI or better.
Worker's Compensation
Employers' Liability Insurance
General Liability, including
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease each employee
$1,000,000 Combined Single Limit
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
Vehicle Liability
(Owned, non -owned and hired vehicles)
Pollution Liability
Watercraft Liability
$1,000,000 per Occurrence
$1,000,000 Combined Single Limit
$1,000,000 per Occurrence
$2,000,000 Aggregate
$1,000,000
Monroe County shall be named as an Additional Insured on the General Liability, Vehicle Liability,
Pollution Liability and Watercraft Liability policies.
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.
1.16 INDEMNIFICATION
The Respondent to whom a contract is awarded shall defend, indemnify and hold harmless the
County as outlined below.
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe
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 the CONTRACTOR or any of 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 or 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 the County from any and all increased expenses
resulting from such delay. Should any claims be asserted against the County by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR, the
CONTRACTOR agrees and warrants that CONTRACTOR shall 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 contract.
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
MONROE COUNTY, FLORIDA
Request For Waiver
of
Insurance Requirements
It is requested that the insurance requirements, as specified in the County's Schedule of Insurance
Requirements, be waived or modified on the following contract:
Respondent:
Contract for:
Address of Respondent:
Phone:
Scope of Work:
Reason for Waiver:
Policies Waiver
will apply to:
Signature of Respondent:
Approved Not Approved
Risk Management:
Date:
County Administrator appeal:
Approved Not Approved
Date:
Board of County Commissioners appeal:
Approved Not Approved
Meeting Date:
Respondent SIGNATURE
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
SECTION TWO: SCOPE OF WORK
In the event of a disaster (e.g. hurricane or other natural or man-made events), the selected firm
shall be responsible for providing emergency response and recovery services for derelict vessels and
marine debris, including identification, removal and disposal of marine debris (including floating
structures) and derelict vessels from the coastal waters and canals of the Florida Keys within
Monroe County.
The awarded contractor must be available and be able to mobilize immediately, to begin work
within fourteen days from the date of issuance of a Notice to Proceed by Monroe County. When
issued, the Notice to Proceed and accompanying Task Order will describe the response and
recovery operations to be performed which may include, but not be limited to: recovery and
disposal of lobster/crab traps, derelict vessels, floating structures, and other miscellaneous debris.
Scope of Work details are further defined in Exhibit A (attached), and a fee schedule for the
services to be provided is outlined in Exhibit B (attached). Respondents will include in their
response (Tab 8) a copy of the Exhibit B fee schedule with proposed pricing included. In addition
to payments for items indicated in Exhibit B, the County will pay all pass -through costs at the final
disposal site. There shall be no other reimbursable expenses or items.
Balance of Page Intentionally Left Blank
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
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.
• 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 1/2 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.
• Traps to be removed will include only those 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.
• Monroe County will maintain an independent monitoring team representing the County as
the project applicant.
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• 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.
• 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'/2 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).
• Management and oversight of County designated TDSRS for storage of marine debris prior
to appropriate final disposal.
• 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.
• 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 waters 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.
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.
• 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),
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the State of Florida, and the County in coordination with County staff and/or a monitoring
firm employed by the County.
• Monroe County will maintain an independent monitoring team representing the County as
the project applicant.
• 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)
• Determine current locations of remaining abandoned and derelict vessels and determine the
least costly approach for salvage or disposal as appropriate.
• Management and oversight of County designated temporary debris sites for storage of
vessels (including floating structures) and associated debris prior to appropriate final
disposal.
• Assess total potential value of the removal operation whether by means leading to disposal
or by means appropriate for salvage and sale for cost.
• 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.
• 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.
• 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.
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+ 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.
• Monroe County will maintain an independent monitoring team representing the County as
the project applicant.
• 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
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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)
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 %2 trap and at %2 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 $ per linear foot assessed
Costs for Canal Debris Removal:
Manmade debris removal from canals. $ per ton removed/disposed of
Vegetative debris removal from canal $ 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.
$ per linear foot of vessel
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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: $ 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: $
Non Salvageable: $
per linear foot of vessel
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: $ per linear foot of vessel
Non Salvageable: $ 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: $
Non Salvageable: $
per linear foot of vessel
per linear foot of vessel
Per day fees for storage/dockage for salvaged boats/vessels.
$ 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:
$ 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.
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SECTION THREE: DRAFT CONTRACT
AGREEMENT FOR
DISASTER RESPONSE AND RECOVERY SERVICES
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
address 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
a of the State of
, whose address is
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; 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
shall 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.
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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 . 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 (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.
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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.
2.3 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 12th 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:
ARTICLE III
ADDITIONAL SERVICES
3.1 The services described in Article III are those that may be provided by the CONTRACTOR
(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 of 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.
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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
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
CONTRACTOR'S 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
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.
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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
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
5.1 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
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.
6.1 PAYMENT SUM
ARTICLE VII
COMPENSATION
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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.
6.2 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.
(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.
6.3 REIMBURSABLE EXPENSES
There shall be no reimbursable expenses or items, other than those enumerated in the
Agreement.
6.4 BUDGET
6.4.1 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.
6.4.2 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
7.1 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 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.
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7.2 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.
7.3 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.
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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.
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
8.1 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.
8.2 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.
8.3 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.
8.4 NO THIRD PARTY BENEFICIARIES
Nothing contained herein shall create any relationship, contractual or otherwise, with or any
rights in favor of, any third party.
8.5 TERMINATION
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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.
8.6 CONTRACT DOCUMENTS
This contract consists of the Proposal Statement, 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 attachments ,
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.
8.7 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.
8.8 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
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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.
8.9 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.
8.10 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.
8.11 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.
8.12 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.
8.13 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.
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8.14 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.
8.15 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.
8.16 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.
8.17 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
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
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.
8.18 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.
8.19 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.
8.20 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.
8.21 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.
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
(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
Monroe County in a format that is compatible with the information technology systems of
Monroe County.
8.22 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.
8.23 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.
8.24 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.
8.25 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.
8.26 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
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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
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.
8.27 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.
8.28 EXECUTION 1N 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.
8.29 OTHER REQUIREMENTS
This Agreement is subject to the following provisions which are incorporated in and made a
part of this Agreement.
8.29.1 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_gpo.clov/davisbacon/f1.htmI under Monroe County.
8.29.2 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.
8.29.3 Disadvantaged Business Enterprise (DBE) Policy and Obligation - It is the policy of
the COUNTY that DBEs, 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.
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
IN WITNESS WHEREOF, each party has caused this Agreement to be executed by its duly
authorized representative on the day and year indicated.
(SEAL)
Attest: Amy Heavilin, Clerk
By:
Deputy Clerk
Date:
By:
Print name:
By:
Print name:
STATE OF
COUNTY OF
WITNESS
WITNESS
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
CONTRACTOR
M
Print name and title:
On this day of 201_, before me the person whose name is subscribed
above, and who produced as identification, acknowledged that he/she is the
person who executed the above Contract for the purposes therein contained.
Notary Public
Print Name
My commission expires:
Seal
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
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.
• 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 1/2 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.
• Traps to be removed will include only those 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.
• Monroe County will maintain an independent monitoring team representing the County as
the project applicant.
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• 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.
• 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 ih 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).
• Management and oversight of County designated TDSRS for storage of marine debris prior
to appropriate final disposal.
• 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.
• 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.
• 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.
• 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),
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the State of Florida, and the County in coordination with County staff and/or a monitoring
firm employed by the County.
• Monroe County will maintain an independent monitoring team representing the County as
the project applicant.
• 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)
• Determine current locations of remaining abandoned and derelict vessels and determine the
least costly approach for salvage or disposal as appropriate.
Management and oversight of County designated temporary debris sites for storage of
vessels (including floating structures) and associated debris prior to appropriate final
disposal.
• Assess total potential value of the removal operation whether by means leading to disposal
or by means appropriate for salvage and sale for cost.
• 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.
• 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.
• 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.
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
• 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.
• Monroe County will maintain an independent monitoring team representing the County as
the project applicant.
• 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
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
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)
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 %z trap and at 1/2 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 $ per linear foot assessed
Costs for Canal Debris Removal:
Manmade debris removal from canals. $ per ton removed/disposed of
Vegetative debris removal from canal $ 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.
$ per linear foot of vessel
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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: $ per linear foot of vessel
Other BoatsNessel up to 35 feet in length retrieved from the water by means of various
equipment, including barges, cranes, boats, etc.
Salvageable: $ per linear foot of vessel
Non Salvageable: $ per linear foot of vessel
Other BoatsNessel in excess of 35 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Salvageable: $
Non Salvageable: $
per linear foot of vessel
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: $
Non Salvageable: $
per linear foot of vessel
per linear foot of vessel
Per day fees for storage/dockage for salvaged boats/vessels.
$ 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:
$ 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 eases 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.
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SECTION FOUR: COUNTY FORMS
(FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION ONE)
Balance of Page Intentionally Left Blank
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
RESPONSE FORM
RESPOND TO: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
c/o PURCHASING DEPARTMENT
GATO BUILDING, ROOM 2-213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
1. 1 acknowledge receipt of Addenda No.(s)
2. 1 have included:
o The Submission Response Form
o Lobbying and Conflict of Interest Clause
o Non -Collusion Affidavit
o Drug Free Workplace Form
o Respondent's Insurance and Indemnification Statement
o Insurance Agent's Statement
o Local Preference Form if applicable n/a
o Check mark items above as a reminder that they are included.
3. In addition, I have included a current copy of the following professional licenses and business
tax receipts:
4. Mailing Address:
S. Responding/Submitting Entity Name
Tel: _
Fax:
Date:
I represent and state that I have full authority as of the above named
Responder to execute this response form.
By
Signature Title
Print Name:
STATE OF _
COUNTY OF
The foregoing instrument was acknowledged before me this day of
20 by , who is I ] personally known to me, or who [ ] has
produced as identification.
SEAL
Notary Public
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LOBBYING AND CONFLICT OF INTEREST CLAUSE
ETHICS CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO.010-1990
MONROE COUNTY, FLORIDA
(Company)
"...warrants that it has not employed, retained or otherwise had act on its behalf any former or
current County officer or employee subject to the prohibition of Sections 2 and 3 of Ordinance No.
010-1990 as amended by 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."
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
known to me or has produced
identification) as identification.
(Signature)
Date:
(name of affiant). He/She is personally
NOTARY PUBLIC
My Commission Expires:
(type of
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NON -COLLUSION AFFIDAVIT
I, of the city of
oath, and under penalty of perjury, depose and say that
according to law on my
a. I am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal with full authority 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)
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
me or has produced
identification) as identification.
Date:
(date) by
(name of affiant). He/She is personally known to
NOTARY PUBLIC
My Commission Expires:
(type of
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DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name of Business)
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:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
me or has produced
identification.
(date) by
(name of affiant). He/She is personally known to
(type of identification) as
NOTARY PUBLIC
My Commission Expires:
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
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 being placed on the convicted vendor list."
I have read the above and state that neither (Respondent's name) nor
any Affiliate has been placed on the convicted vendor list within the last 36 months.
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
known to me or has produced
identification.
(name of affiant). He/She is personally
(type of identification) as
NOTARY PUBLIC
My Commission Expires:
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
Respondent's Insurance and Indemnification Statement
Insurance Requirement
Worker's Compensation
Employer's Liability
General Liability
Vehicle Liability
Pollution Liability
Watercraft Liability
Jones Act Coverage
Required Limits
Statutory Limits
$1,000,000/$1,000,000/$1,000,000
$1,000,000 Combined Single Limit
$1,000,000 Combined Single Limit per
Occurrence/$1,000,000 Aggregate
$1,000,000 per occurrence
$2,000,000 annual aggregate
$1,000,000
$1,000,000
IDEMNIFICATION AND HOLD HARMLESS FOR CONTRACTORS AND SUBCONTRACTORS
The CONTRACTOR covenants and agrees to indemnify, hold harmless and defend Monroe County, its
commissioners, officers, employees, agents and servants from any and all claims for bodily injury, including
death, personal injury, and property damage, including property owned by Monroe County, and any other
losses, damages, and expenses 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 the CONTRACTOR or any of its
Subcontractor(s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of the
CONTRACTOR, including its Subcontractor(s) in any tier, their officers, employees, servants or 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 the County from any and all increased expenses resulting from such delay. Should any
claims be asserted against the COUNTY by virtue of any deficiency or ambiguity in the plans and
specifications provided by the CONTRACTOR, the CONTRACTOR agrees and warrants that
CONTRACTOR shall 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.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all the
requirements.
Respondent
Signature
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RFP for Disaster Response and Recovery Services for Marine Debris and Vessel Removal
SECTION FIVE: INSURANCE REQUIREMENTS
Insurance Requirement
Worker's Compensation
Employers' Liability Insurance
Required Limits
Statutory Limits
$1,000,000 Accident
$1,000,000 Disease, policy limits
$1,000,000 Disease each employee
General Liability, including $1,000,000 Combined Single Limit
Premises Operation
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Expanded Definition of Property Damage
Vehicle Liability
(Owned, non -owned and hired vehicles)
Pollution Liability
Watercraft Liability
$1,000,000 per Occurrence
$1,000,000 Combined Single Limit
$1,000,000 per Occurrence
$2,000,000 Aggregate
$1,000,000
Monroe County shall be named as an Additional Insured on the General Liability, Vehicle Liability,
Pollution Liability and Watercraft Liability policies.
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.
Additional Information
The Monroe County Board of County Commissioners shall be named as Additional Insured on all
policies (except Workers Compensation) issued to satisfy the above requirements.
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