Item D02
No
Staff
to the contract with Safe
Harbor Marine Enterprises, Inc., for the beach cleaning, maintenance, & beautification services at
Higgs Beach, Veterans Park, and Harry Harris and approval to award bid and enter into a contract
with Evans Environmental & Geological Science & Management, (EE&G) the beach
contractors approval.
approved to renew
beach servIces Robbies Safe Harbor Marine on a month to month basis.
2005 they were to
28, 2005 a bid opening was held with EE&G submitting the only bid. The
for at their August 31, 2005 Largo.
as
No
NoX
Atty
Revised 2/05
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: EE&G Contract #_
Effective Date: 10/01/05
Expiration Date: 09/30/05
Contract Purpose/Description:
Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 09/21/05 Agenda Deadline: 09106105
CONTRACT COSTS
Total Dollar Value of Contract: $ $87,750.00 Current Year Portion: $ 0.00
Budgeted? Yes[g] No 0 Account Codes: 77040-530460-T5lJM102X-_-_
Grant: $ NIA _-_-_-_-_
CountyMatch:$ NIA _-_-_-_-_
- - - -
-----
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
Iyr For:
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director YesO NoD
Date Out
Risk Management
[\ ~
O.M.B./PU;~
YesON~/
Yes~oD
County Attorney
YesO No[d
Comments:
OMB Form Revised 2/27/01 Mep #2
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CONTRACT
THIS AGREEMENT, made and entered into this 21 5t day of September, 2005, A.D., by
and between MONROE COUNTY, FLORIDA, (hereinafter sometimes call the
"owner"), and Evans Environmental & Geological Science & Management, LLC
called the "Contractor").
That
foHow:
consideration
set
mutually
as
CONTRACT
The contract between the owner and the contractor, of which this agreement is a
of the contract documents, as specified paragraph
1 CONTRACT DOCUMENTS
The contract documents consist of agreement, the specifications, all
all change orders, and any addenda issued any other
amendments hereto executed by the parties hereafter, together the bid
proposal and aU required insurance documentation.
SCOPE OF WORK
The Contractor shaH provide aU necessary supplies and equipment required the
performance of same, and perform all of the work described in the specifications,
and as entitled:
PROFESSIONAL BEACH CLEANING, MAINTENANCE &
BEAUTIFICATION
HIGGS
MONROE COUNTY, KEY WEST,
as of this contract
document. The specifications shall serve as minimum contract standards, and
shall be basis of inspection and acceptance of aU the work.
SUM
day of the following
County
seven
per
fees)
costs
The Contractor hereby agrees that he has carefully examined the site and
made investigations to funy satisfy himself that such site is correct and
a suitable one this work and he assumes full responsibility therefore.
The the Contract shall control any inconsistent provisions
contained in the specifications. All specifications have been read and
carefully considered by Contractor, who understands the same and
agrees to their sufficiency for the work to be done. Under no
circumstances, conditions, or situations Contract more
strongly construed against the Owner than against the Contractor.
Any
construed by
parties.
c.
passing, approval, and/or acceptance by the
services furnished by Contractor not as a
of compliance with the tenns of this
specifications covering services. Failure on the part of the Contractor,
immediately after Notice to Correct shall entitle the Owner, if it sees fit, to
correct the same and recover the reasonable cost of such replacement
and/or repair from the Contractor, who shaH in any event be jointly and
severally liable to the Owner for all dan1age, loss, and expense caused to
the Owner by reason of the Contractor's breach of this Contract and/or his
failure to comply strictly all things with this with
specifications.
1.06
CONTRACT/RENEWAL
A.
contract
2005, and
a one )
September 30,2006.
Owner to renew with 30
to contractor prior to the end of tenn. This option
Contract amount to
for the most
by
attorney's fees) which arise out of, connection with, or by reason of services
provided by the or any of its Subcontractor(s) in any tier, occasioned
by the errors, or act of the or its
Subcontractors in any tier, their employees, or agents.
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 County and
increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Contractor is for the
indemnification provided for above. extent of liability is no way limited to,
reduced, or lessened by insurance requirements contained elsewhere within
this agreement.
or
INDEPENDENT
At and purposes this 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,
contractors, servants, or agents to be employees the Board of County
Commissioners for Monroe County.
1.09 ASSURANCE AGAINST DISCRIMINATION
Contractor not against on race,
creed, color, national origin, sex, age, or any other characteristic or aspect which is
not job related, its recruiting, hiring, promoting, terminating, or any other area
affecting employment under this agreement or the of services or
goods this agreement.
ASSIGNMENT/SUBCONTRACT
shall not assign or subcontract
writing and with the
under this
approval of the Board of County
subject to such conditions and provisions as the Board may deem necessary.
~ ~ ill
any or shall
Unless
manner or event be
In providing aU services/goods to agreement, contractor
abide by all ordinances, and regulation pertaining or regulating
provisions of: services, including those now hereinafter
adopted. violation of said statutes, ordinances, rules and regulations shall
constitute a material breach of this agreement and shaH entitle the Board to
terminate this contract immediately upon delivery of written notice of termination
to contractor. contractor shall possess licenses to
accordance with specifications the term this contract.
The contractor
13-67 concerning
Sections 13-61
INSURANCE
to execution of agreement,
contractor shall to
indicating the as listed
below:
General Liability- include as a minimum:
~ Premises Operations
$ Operations
e Contractual Liability
. Injury Liability
. Expanded Definition of Property Damage
minimum limits acceptable shaH $300,000 Combined
limits are provided, the
person; $300,000
limits acceptable shaH be:
Occurrence; and $50,000
$100,000
An Occurrence
provided on a
on or
which
months following termination or expiration of
coverage is changed to or
should
contract.
extend a
Contract.
$
Compensation -
to respond to Florida Statute 440.
In addition, the Contractor shall obtain Employers' Liability
of not
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be provided by a company or companies authorized to transact
business in State of Florida and the company or companies must maintain
a minimum rating of A-VI, as assigned by the A.M. Best Company.
If the Contractor has been approved by Florida's Department of Labor, as an
authorized self-insurer, the County shan recognize and honor the Contractor's
status. The Contractor may be required to submit a Letter of Authorization
issued by the Department of Labor and Certificate of Insurance, providing
details on Contractor's Excess Insurance Program.
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.
D. Pollution Liability - The minimum limits of liability shall be:
$1,000,000
Occurrenct/$2,000,000
If coverage is provided on a claims made basis, an extended claims reporting
period of four (4) year will be required.
FUNDING
In the event that funds from Facilities Maintenance Contractual are
partially reduced or cannot be obtained or cannot be continued at level sufficient
to
may then be terminated immediately at the option of the
by written notice of delivered
shall not obligated to pay
contractor has
Board of County
or be mail to
provided
by
contractor.
contractor
warrants it is to
of activities encompassed by the project herein described, subject to the terms
and conditions set forth in these contract documents The provider shall at aU
times exercise independent, professional and shall assume professional
responsibility for the services to be provided. Continued funding by the Owner is
contingent upon retention of local, state, and/or federal
and/or licensure of contractor.
Any notice required or permitted under this agreement shall be writing and
hand delivered or mailed, postage prepaid, to the party by certified mail,
receipt to the following:
FOR COUNTY
Monroe County Facilities Maintenance
3583 S.
Key West,
FOR CONTRACTOR
E.E.&G.
14505
Miami Lakes,
CANCELLATION
event contractor to be negligent any
of operation maintenance, repair, or 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.
GOVERNING LAWS
Venue, Interpretation, Costs, and
by construed with
applicable to contracts made and to be
This Agreement shall be
laws of State Florida
State.
the event that any cause of action or administrative proceeding is instituted for
the enforcement or interpretation of the agreement, the County and contractor
agree that venue will lie the appropriate court or the appropriate
Contractor shaH all documents directly pertinent to
performance under this Agreement in accordance with generally accepted
accounting principles consistently applied. Each party to this Agreement or their
authorized representatives shall have reasonable and timely access to such records
of each other party to this Agreement for public records purposes during term
of the Agreement and for four years following the termination of this Agreement.
an auditor employed by the County or Clerk determines that monies paid to
Contractor pursuant to this Agreement were spent for purposes not authorized by
this Agreement, the Contractor shaH repay the monies together with interest
calculated pursuant to Sec. 55.03, FS, running the date were paid
to Contractor.
any covenant, condition or provision of this Agreement (or the application
to or person) shall invalid or
to any extent by a court of competent jurisdiction, the remaining covenants,
conditions and provisions Agreement, shall not be affected thereby; and
each remaining term, covenant, condition and provision of this Agreement shaH be
valid and shall be enforceable to the fullest extent permitted by law unless the
remaining terms, covenants, conditions and provisions of this
Agreement 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.
1.20 ATTORNEY'S FEES AND COSTS
The County Contractor event cause action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be
to reasonable attorney's fees, court costs, investigative, and out-of-pocket
expenses, as an award against the non-prevailing party, and shall include
attorney's court costs, investigative, and out-of-pocket expenses appellate
proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be accordance with the Florida Rules of Civil Procedure and
usual and customary procedures required by circuit court of Monroe County.
warrants to
Agreement
action, as
by
Contractor and County agree that each shall be, and is, empowered to apply for,
and and state funds to the purpose of Agreement;
provided that aU applications, requests, grant proposals, and
shall be by each party prior to
County and Contractor agree that disputes disagreements shall
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
meet or shaH discussed at public
Board of County Commissioners. issue or issues are still not
resolved to the satisfaction parties, then any shall have the right to
seek such relief or as may be provided by Agreement or by Florida
law.
1.25 COOPERATION
In 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 to participate, to the extent required by
other party, all proceedings, hearings, processes, meetings, and other
activities related to the substance of this Agreement or provision of the services
this Agreement. and Contractor specifically agree that no party to
required to enter arbitration proceedings
to this Agreement.
County
person, and it is expressly understood that
competent jurisdiction that discrimination
automatically without any
the court order.
no
a determination by a court of
has occurred, this Agreement
action on the of any party,
or to
to
Civil
1 as to 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)
Public Health Service Act of 1912, ss. 523 and 527 (42 USC 55. 690dd-3 and
290ee-3), as amended, relating to confidentiality alcohol and drug abuse patent
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 housing;
9) The Americans Disabilities Act of 1990 (42 USC s. 1201 NoteO, as maybe
amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any federal or state
statutes which may apply to the parties to, or the subject matter of, this
Agreement. Monroe County Code Ch. 13, Art. VI, prohibiting discrimination on
the basis of race, color, sex, religion, disability, 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
or matter of ,
OF NO
County and Contractor covenant that neither presently has any interest, shaH
not interest, which would conflict any manner or degree with
performance under this Agreement, that only interest of each is to
and receive benefits as recited in this Agreement.
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 112.313, Florida Statues, regarding, but not
solicitation or acceptance of doing business with one's agency;
unauthorized compensation; misuse of public position, conflicting employment or
contractual relationship; and disclosure or use of certain information.
The County and Contractor warrant that, in 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 and that it has not paid or
agreed to any person, company, individual, or than a
owed, or otherwise recover,
or
access
inspection documents, papers, letters or other materials its possession or
under its control subject to provisions of Chapter 119, Florida Statues, and
or received by County and conjunction with this
Agreement; and the County shaH have
violation of this
Notwithstanding provlSlons Sec. 286.28, Florida Statues, the
of the County and Contractor in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local
government liability insurance pool coverage shall not be deemed a waiver of
immunity to the extent of liability coverage, nor shall any contract
by the be required to contain any provision waiver.
All of liability, exemptions 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 or employees County, when
respective functions under this Agreement within territorial limits of
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.
1.33 LEGAL OBLIGATIONS AND RESPONSIBILITIES
Non-Delegation of Constitutional or Statutory Duties. This Af,Yfeement is not
intended to, nor shall it be as, relieving participating entity from
any obligation or responsibility imposed upon the entity by law except to the
extent of actual and timely performance thereof by and participating entity,
which case the performance may be offered satisfaction of the obligation or
responsibility. this Agreement is not intended to, nor shaH it be
construed as, authorizing the delegation of the constitutional or statutory
the County, except to the extent permitted by the Florida constitution, state
statute, and case law.
shaH be to
to
inferior to, or
to
or
this
Contractor agrees to execute such documents as the County may reasonably
require, to include a Public Entity Crime Statement, An Ethics and a
NO PERSONAL
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
EXECUTION ON 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
the same any of the parties hereto may execute this
signing such counterpart.
1.38 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.
CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by Monroe county Board of County
Commissioners.
SPECIFICATIONS
by
areas
waters edge to the or nearest edge of the pavement the public
to paralleling the beach area including area between the White
seven days
detailing the beach cleaning area
and trash by
"A"
or an
contractor shall maintain work
boundaries from any environmental
state, or regulations.
areas within and outside the
would be in violation of any
All debris, trash and seagrass removed from
at an approved landfill and/or transfer station.
tickets with invoice for
beach shall be properly disposed
contractor shall provide copies
County's records.
Work is likely to be influenced by the tides.
timing and work schedule. No extra claims shaH be
natural weather conditions.
The Contractor will coordinate the beach cleaning action with the Office
of Beaches & Coastal Systems, to ensure that the expertise and overall desires of the
to shores are included
operation, all in accordance the requirements of Chapter 161,
tides can have an effect on the
the tides or for
The Contractor shall obtain and maintain all necessary permits and approvals and
shaH comply all federal, state and local and regulations concerning the
subject matter Contract Documents.
The Monroe County Board of County Commissioners has beach cleaning
regulations in the Momoe County Code, Chapter 13, Article IV, regarding protection
of sea turtles (attached). The Contractor shan use its best efforts to observe and to
immediately notify the Sr. Director of Lower Keys Operations of any sea turtle
nesting, attempted nesting or crawl activity in the contracted areas. Contractor
shall also coordinate and cooperate with State Agencies sea conservation
groups during turtle nesting season. No beach cleaning activities shall take place
during April 15 through October 31 until Save-a- Turtle representatives and/or the
Contractors Certified Turtle Inspector, have walked the beaches.
vehicle on lights to
working area. Each vehicle utilized on the beach shall be identified by a registration
number, which has been assigned by the State of Florida.
to a disposal
of
to
site, or to and from the beach areas, shall be
Safety and and
discharge.
roads.
A. Debris, trash and litter wood, plastic, glass, paper, tar, pine
needles, palm fronds, coconuts, tree limbs, metal objects and other forms
of debris, trash and litter deposited on the beach by the ocean or by bather
usage, shall be raked up and removed to the disposal site on a daily basis.
Trash Removal: or mobile trash containers of any nature; round,
square, wood, or metal, provided by the County that are located anywhere
on the sand and seaward of the curb or edge of the pavement of the nearest
road paralleling the area, shaH be emptied and hauled to disposal
site on a daily basis.
C. floating the water behind seaweed shaH also removed.
seagrass the
whenever located on the beaches and it to the disposal
responsible disposing seaweed such a manner
of any federal, state, or local regulations.
level strand
The Contractor is
not III
When seaweed is blTeater than 10" depth, contractor shaH use an
cleaning method to supplement the final Beach Tech cleaning.
Emergency Services:
The County Sr. Director of Lower Keys Operations shaH contact the Contractor
immediately when an emergency call is needed. The Contractor shall also notify
the Sr. Director of Lower Keys Operations at 292-4431 immediately in the event
of a facility emergency. The Contractor shall respond to all emergency calls
which occur during normal working hours and holidays and weekends within
three hours of notification by the County. The Contractor shall invoice the
County for after-hour, and holiday based on the applicable
hourly rate indicated in contract.
Contractor to provide
representative may request.
performing of such services on an
as the
Contractor agrees to be available the
basis and shaH respond to the request for
a
by,
construction
to occur to
operating
equipment used by
not actually use.
control devices on
by
not be
on the
shaH possess equipment capable beach repairs
and erosion control measures. The beach is from time to time in need certain
measures for erosion control and repair and, accordingly, Contractor agrees to
provide following services to the extent of reasonable capability:
at
foot of
stairs or entrance
ways.
excess
Grading of deep sand furrows and escarpments to a more easily navigated
Adding sand to and grading
Spreading sand provided by
storms and/or erosion.
Periodic placing and spreading sand on
Lower Keys Operations.
structures.
County to replenish sand loss due to
beaches as
Erosion Control:
The Contractor agrees to maintain the contour of the Beaches against further wave
action, to maximize usable sandy portion of the beach recreational
enjoyment.
Conditions:
event a major storm, or
exceSSIve amounts of on
agrees are
to the owners request within twenty-four hours of notification
and
respond
Fees:
venue
are
a. or
data sheets
b. Schedule
c. Florida Department of Environmental
Beaches & Coastal Systems Beach Cleaning
d. Front End Loader with long pronged bucket
e. Dump Truck
f. tilling contractor
g. disposal
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day
and date first written above in four (4) counterparts, each of which shall, without proof or
accounting for counterparts, an contract.
Attest: DANNY KOLHAGE,
COUNTY COMMISSIONERS
MONROE COUNTY, FLOIDA
Deputy Clerk
Mayor/Chainnan
(SEAL)
Attest:
EE&G
By:
By:
WITNESS
WITNESS