Item H3BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
July
20, 2011
Division:
Growth Management
Bulk Item: Yes
X
No _
Department:
Marine Resources Office
Staff Contact Person/Phone #: Richard Jones /289 -2805
AGENDA ITEM WORDING: Approval of Amendment No.7 to the 2006 Agreement with DRC
Emergency Services, LLC extending the Agreement for one additional year through September 19,
2012.
ITEM BACKGROUND: Monroe County has a long term Agreement with DRC Emergency
Services, LLC for removal of hurricane related marine debris. The Agreement provides the option of
extending the Agreement for five additional one year periods. Amendment No.7 extends the
Agreement for one final year.
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
CONTRACT /AGREEMENT CHANGES:
Amendment to extend the 2006 Agreement for one final year from 09/20/2011 to 09/19/2012.
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 OMB/Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Revised 6/2011
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DRC, LLC Contract #
Effective Date: 09/20/2012
Expiration Date: 09/19/2012
Contract Purpose/Description:
Amendment #7 to the Agreement with DRC Emergency Services, LLC for disaster
asistance in the removal of storm related marine debris. The Amendment extends the
contract for one final year.
Contract Manager: Richard Jones 2805 Marine Resources Office /11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 07 Agenda Deadline: a7 d
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion: $
Budgeted? Yes❑ No ❑ Account Codes: - - -
Grant: $ - - -
County Match: $ - - -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitoria
etc.
CONTRACT REVIEW
OMB Form Revised 2/27/01 MCP #2
Changes Date Out
Date In
Needed Reviewer
Division Director
Yes❑ No❑
Risk Management
Yes❑ No EV"Kj
O.M.B./Pur asing
P /
Yes❑ No❑
County Attorney
6-9 ! (
Yes[:] No[2'
Comments:
OMB Form Revised 2/27/01 MCP #2
AMENDMENT NO.7 TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 20th day of July, 2011
between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC ") and DRC
Emergency Services, LLC (hereinafter "DRC ").
WHEREAS, the parties entered into a non - exclusive Agreement on September 20, 2006, for
removal of hurricane debris including lobster traps, canal debris, and marine debris including
abandoned /derelict vessels; and
WHEREAS, the Agreement allows for five (5) additional one (1) year extensions on the same terms
and conditions with approval from the BOCC; and
WHEREAS, this Agreement was extended for one year commencing on September 20, 2007, again
on September 20, 2008, again on September 20, 2009, and again on September 20, 2010; and
WHEREAS, other provisions of the Agreement were amended on November 15, 2006 and again on
August 15, 2007; and
WHEREAS, Exhibit A and Exhibit B of this Agreement were amended on May 19, 2010; and
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this Agreement in order to remove vessels, traps, and other debris that may be generated by future
storm events or other natural disasters;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree
to as follows:
1. Section 1.2 of the September 20, 2006 Agreement is hereby amended as follows:
This Agreement shall be extended for the year September 20, 2011 through September 19, 2012.
2. The remaining provisions of the agreement dated September 20, 2006 as previously amended, not
inconsistent herewith, remain in full force and effect.
Remainder of page intentionally left blank
Signature page to follow
DRC Amendment 5 -26 -2011
written.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor /Chairman
Title:
DRC Amendment 5-26-2011 2
AMENDMENT No.6 TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 19th day of May, 2010
between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC') and DRC
Emergency Services, LLC (hereinafter "DRC').
WHEREAS, the parties entered into a non - exclusive agreement on September 20, 2006, for removal
of hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
vessels; and
WHEREAS, the Agreement allows for five (5) additional one (1) year extensions on the same terms
and conditions with approval from the BOCC; and
WHEREAS, this Agreement was extended for one year commencing on September 20, 2007, again
on September 20, 2008, and again on September 19, 2009; and
WHEREAS, it is deerned in the interest of the health, safety, and welfare of the general public to
extend this Agreement in order to remove vessels, traps, and other debris that may be generated by future
storm events or other natural disasters; and
WHEREAS, FEMA has approved funding for trap debris removal and disposal as a result of 2008
storm events utilizing the DRC Emergency Services LLC Agreement for marine debris removal; and
WHEREAS, Exhibit A under the current Agreement provides for disposal of wood and concrete
portions of traps to be disposed of at designated offshore sites in the Gulf and Atlantic Ocean, and
WHEREAS, Exhibit B under the current Agreement provides a fee structure based on the offshore
disposal of wood and concrete portions of traps, and
WHEREAS, the Florida Keys National Marine Sanctuary no longer allows the use of such offshore
sites for disposal; and
WHEREAS, the Agreement and accompanying Exhibits A and B must be amended to reflect
disposal of all traps and trap parts at an upland waste facility;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree
to as follows:
1. Section 1.2 of the September 20, 2006 Agreement is hereby amended as follows:
This Agreement shall be extended for the year September 20, 2010 through September 19, 2011.
2. Exhibit A and Exhibit B of the September 20, 2006 Agreement are amended as attached
3. The remaining provisions of the agreement dated September 20, 2006, not inconsistent herewith,
remain in full force and effect.
Remainder of page intentionally left blank
Signature page to follow
DRC Amendment 421 -2010
IN WMESS WMAEOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL) .
ATi`ES' '.kD t OWGE, CLERK
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DRC EMERGENCY SERVICES LLC -
By: -
Print N : _ -
Title: L IM I D - -
DRC Amendment 421 -2010 2
kik I C . ' 14Z KI'l 1 i .
Lobster tnqu, Marine Debris, and AbmdonW Vessels
DRC will be responsible for managing the removal and disposal of lobster traps
destroyed or substantially damaged as the result of the 2005 and subsequent hurricane
seasons within the life of the Agreement; to include the identification of locations in the
water of where significant trap debris exists, working with the Florida Keys Commercial
Fishermen's Association or other entities as appropriate to locate, remove, and dispose of
traps, and oversight of field monitoring, and billing for the project.
Detailed Responsibilities:
• DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites.
• DRC will provide management and oversight for County designated temporary
debris sites to manage traps prior to appropriate disposal. No traps or trap parts
shall be disposed of offshore. Designated temporary debris sites can 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 Y2 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."
• DRC 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.
Exhibit A
4/21/2D30 - 1 -
• Monroe County will maintain an independent monitoring team representing the
County as the project applicant.
• DRC 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.
• DRC through separate sub - contracts) will accept the assistance of any other
valid, qualified contractor as needed to assist in this project. DRC reserves the
right to solely determine if the sub - contractor in question is qualified to
participate in this project.
DRC will be responsible for managing the removal and disposal of marine debris in
manmade canals which has resulted from the impacts of the 2005 and subsequent
hurricane seasons within the life 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 to, locate, remove, and dispose or marine
debris, and oversight of field operations for the project.
Detailed Responsibilities:
• DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
• Management and oversight of County designated temporary debris sites for
storage of marine debris prior to appropriate final disposal.
• Determine locations of marine debris in manmade canals within an area to include
Key West to Key Largo and the Monroe County portion of the `Eighteen Mile
Stretch," to include the municipalities. The definition of manmade canal shall be
that found in the Monroe County Code of Ordinances as follows:
Man -made water body means a water body that was created by excavation by mechanical
means under human control and shall include a canal, cut basin, or channel where its
edges or margins have subsequently been modified by natural forces (See Definitions,
Chapter 9.54 (M4).
(1) For the purposes of this chapter, such water bodies may have natural components, for
instance a channel or canal may have been dredged such that the dredge material was
used to create land on one side, but not the other, thus leaving a relatively natural
shoreline on the opposite side.
(2) Also for the purposes of this chapter, the man -made water body must have
"Buildings, " as defined in Chapter 9.54 (B -9), along its shoreline to be applicable. If
buildings are not present on a given shoreline on the date of adoption of this ordinance,
but such buildings are constructed at a later date, then this ordinance becomes effective at
that time.
ExhNt A aL
4/21/2010 -2-
• Assess total potential volume or appropriate metric (linear feet of canal, tons, 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.
• Complete Contracts for Service with local marine contractors to remove debris
from manmade canals located in the project work area
• DRC will provide supervision for project oversight efforts as required by FEMA
or the Natural Resources Conservation Service (NRCS) (U.S. Department of
Agriculture), 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.
• DRC 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
DRC will be responsible for managing the removal from the water, impound and auction
or disposal, of abandoned vessels surrounding the Florida Keys which are largely, but not
exclusively, the result of impacts of the 2005 and subsequent hurricane seasons within the
life 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:
• DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
• Determine current locations of remaining abandoned vessels and determine the
least costly approach for salvage or disposal as appropriate. Maps provided show
approximate location of vessels after Hurricane Wilma. Additional information
may be available concerning their current disposition.
Ezbibit A
4/21/2010 _ 3
• In the event of future storms and similar impacts, staff will work with DRC to
locate and map vessels and other marine debris post each event. Such products
will supplant the maps provided herein.
LU
F.xhnbit A
4/21/2010 -4-
Exhibit A
4/21 /2010
• Management and oversight of County designated temporary debris sites for
storage of marine 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.
• DRC 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.
Exhibit A t-
4/21/2010
• Monroe County will maintain an independent monitoring team representing the
County as the project applicant.
• DRC 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.
• DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA and the County
F.h'bit A J�—
4/21/2010
EXHIBIT B
FEE SCHEDULE FOR MARINE TRAP, VESSEL, CANAL CLEAN -UP,
MARINE DELIS AND DERELICT VESSELS
Cost per Trap Removed
Shallow Water (0-2') Channels (2' plus,)
$ 51.00 43.70
1. All traps and trap parts collected will be brought in to Temporary Debris and
Reduction Sites 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 Central Disposal located in Pompano Beach.
Disposal costs will be a pass through, and reflect the actual cost of disposal at that
designated disposal site.
4. Partial traps will be billed as %Z trap and at %Z the cost noted above. Counts of
complete or partial traps will be determined by monitoring, as indicated in Exhibit A of
the Agreement.
Cant Debais
Costs for Canal Debris Removal
C & D debris removal from canals.
Vegetative debris removal from canals.
$ 19.58 per linear foot cleaned
$ 19.58 per linear foot cleaned
Labor and Cost of boat and vessel removal
Boats/Vessels retrieved from the land by means of various equipment. No water borne
equipment.
$ 150.00 per linear foot of vessel
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: $ 25.00 per linear foot of vessel
Other Boats/Vessel up to 35 feet in length retrieved from the water by means of various
equipment, including barges, cranes, boats, etc.
Salvageable: $ 150.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Other Boats/Vessel in excess of 35 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Salvageable: $ 250.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Houseboats and larger vessels that may create some difficulty in removal because of
location (edge of islands or in the mangroves, hard aground etc. retrieved from the water
by means of various equipment, including barges, cranes, boats, etc.
Salvageable: $ 400.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of
vessel
Per day fees for storageldockage for salvaged boats/vessels.
$ 35.00 per unit/daily
Respondent responsible for providing storage / dockage site.
Water based marine debris found outside of canals including offshore collection and
transport to offloading site:
$ 50.00 per cubic yard collected
1. The removal of vessels of special consideration may require unexpected additional
effort and further negotiation may be allowed on a case by case basis.
2. Substantially intact vessels (Crreater 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.
]xwwt B 70
4/26/2010 10:43:00 AM
• 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.
4/26 t B
4i2si2oio ia43:00 AM
AMENDMENT TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 19th day of August, 2009
between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC ") and DRC
Emergency Services, LLC (hereinafter "DRC ").
WHEREAS, the parties entered into a non -exclusive agreement on September 20, 2006, for removal
of hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
vessels; and
WHEREAS, the Agreement allows for five (5) additional one (1) year extensions on the same terms
and conditions with approval from the BOCC; and
WHEREAS, this Agreement was extended for one year commencing on September 20, 2007 and
again on September 20, 2008; and
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this Agreement in order to remove vessels and other debris that may be generated by future storm
events or other natural disasters;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree
to as follows:
Section 1.2 of the September 20, 2006 agreement is hereby amended as follows:
This Agreement shall be extended for the year September 20, 2009 through September 19, 2010.
2. The remaining provisions of the agreement dated September 20, 2006, not inconsistent herewith,
remain in full force and effect.
Remainder of page intentionally left blank
Signature page to follow
DRC Amendment 8 -4 -2009
written. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
1.
Print Name:
ICAP
Print Nanie: Za h•_ • I ..
BOARD OF COUNTY COMMISSIONERS
O FF MM� ONROE COUNTY, FLORIDA
�~
ayor /Chairman
DRC EMERGENCY SERVICES L L
By: / �
Print Name:
Title: �.
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DRC Amendment 5 -22 -2009 2
AMENDMENT TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 17th day of September,
2008, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC ") and
DRC Emergency Services LLC (hereinafter "DRC ").
WHEREAS, the parties entered into a non - exclusive agreement on September 20, 2006, for removal
of hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
vessels; and
WHEREAS, the Agreement allows for five (5) additional one (1) year extensions at the same terms
and conditions with approval from the BOCC; and
WHEREAS, the Agreement was amended in September of 2007 to extend the Agreement for an
additional year to provide for removal of remaining hurricane debris including the Lady Luck casino boat;
and
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this Agreement in order to remove vessels and other debris that may be generated by future storm
events or other natural disasters; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows:
Section 1.2 of the September 20, 2006 agreement is hereby amended as follows:
This Agreement shall be extended for the year September 20, 2008 through September 19, 2009.
Section 3.5 of the September 20, 2006 agreement is hbreby amended as follows:
All invoices shall be delivered to:
Richard Jones, Marine Resources Senior Administrator
Division of Growth Management
2798 Overseas Highway, Suite 420
Marathon, Florida 33050
Section 23 of the September 20, 2006 agreement, provision for notice to County, is hereby amended to
provide notice to:
Mr. Richard Jones Mr. Roman Gastesi
Marine Resources Senior Administrator County Administrator
Division of Growth Management 1100 Simonton Street
2798 Overseas Highway, Suite 420 Room 2 -205
Marathon, Florida 33050 Key West, Florida 33040
DRC Amendment 7 -28 -08
4. The remaining provisions of the agreement dated September 20, 2006, not inconsistent herewith,
remain in full force and effect.
IN ITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
(
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
O + FLOR[ A
Mayor /Chairman
ES LLC
DRC Amendment 7 -28 -08
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DRC Amendment 7 -28 -08
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Print Name: EV ( H �( y4
AMENDMENT TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT is made and entered into this 19th day of September,
2007, between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC'� and
DRC Emergency Services LLC (hereinafter "DRC ").
WHEREAS, the parties entered into a non - exclusive contract on September 20, 2006, for removal of
hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
vessels; and
WHEREAS, the Agreement dated September 20, 2006, has a natural expiration date of September
19, 2007, with options for five consecutive one -year extensions; and
WHEREAS, there is still one major vessel rendered derelict by Hurricane Wilma during the 2005
season, and possibly other unidentified vessels requiring removal; AND
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this contract in order to remove the vessels and other debris remaining in the marine environment
from the 2005 hurricane season; now therefore
IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows:
Section 1.2 of the September 20, 2006 agreement is hereby amended by adding the following sentence:
"This Agreement shall be extended for the year September 20, 2007, through September 19, 2008."
2. Section 3.5 of the September 20, 2006 agreement is hereby amended to read:
"All invoices shall be delivered to:
Mr. Rich Jones
Division of Growth Management
Planning Department
2780 Overseas Highway, Suite 420
Marathon, Florida 33050."
3. Section 23 of the September 20, 2006 agreement, provision for notice to County, is hereby amended to
read:
"Mr. Rich Jones
Division of Growth Management
Planning Department
2780 Overseas Highway, Suite 420
Marathon, Florida 33050
Mr. Thomas Willi
County Administrator
1100 Simonton Street
Room 2 -205
Key West, Florida 33040"
DRC Amendment 9 -19 -07
4. The remaining provisions of the agreement dated September 20, 2006, not inconsistent herewith,
remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy Clerk
BOARD OF COUNTY COMMISSIONERS
OF
Mayor /Chairman
Attest:
DRC �EMERGENCY SERVICES LLC
By:
Title: G . O • O ,
o � �
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MONROE COUNTY ATTO EY
ED AS TO
NNE A. H ON
oUNry A RN
DRC Amendment 9 -19 -07
AMENDMENT 2 TO
AGREEMENT BETWEEN
DRC EMERGENCY SERVICES LLC
AND
MONROE COUNTY, FLORIDA
FOR PROFESSIONAL SERVICES
made and entered into this
°pmendment 2 ") to the Agreement ( « Agreemant politica subdivision
Tlhis endm t ( 2007 by Simonton Street, and between MONROE COUNTY, a P 33040 its
_ y of West, Florida, ,
whose address is 1100 Smo„ Ke ythrough t h e Monroe County
of the State of Florida, hereinafter S LLC, referred to as "CON
successors and assigns, "BOCC „)� an d DRC EMERGENCY SERVICE s
Board of County Commissioners ( authorized to transact business
limited liability company organized under the laws assigns, hereinafter Alabama,
'd s and referred to as "DRC ". The word
in the State of Florida, its successor
. Part i e s ,, shall refer to both DRC and CONY n se for the removal of
WHEREAS, DRC was awarded a contract for emergency disaster including abandoned/ derelict
marine debris, including lobster traps, canal debris, marine debris including
vessels, and other derelict vessels related to the impacts of hurricanes; and
S the Agreement between the parties provides for negotiation of additional terms and
WHEREA ,
conditions; and
A through negotiation, t h e parties have agreed that to amend the contract to allow for
WHERE of tip pi n g fees from the final disposal sites incurred during Hurricane
direct billing to the County pP g
Wilma;
in consideration of the mutual promises, covenants and agreements
NOW, THEREFORE, of which is hereby
stated herein, and for other good and valuable consideration, the sufficiency
acknowledged, COUNTY and DRC agree as follows:
1 Scope. The COUNTY and DRC, for the consideration named agree to
Section .
C
Exhibit B, Fee Schedule for Marine Trap, Vessel, anal
amend for last full sentence under
Clean -up, Marine debris and derelict vessels to read:
designated m be the transfer sites managed
,, For Hurricane Wilma, October 2005, final disposal sites wen
Ti i fees incurred by the Department
by the Solid Waste Management Department of Monroe County. pp n8
the Department of
of Marine Resources under this contract with DRC shall be paid in full in th by the of Marine
Resources; the Solid Waste Management Departme
for '610se
Marine Resources, utilizing funds appropriated through FEMA Project Worksheet The of
tipping fees incurred since October 2005 and through completion of the cleanup. g
An ust 30,
Marine Resources shall conclude any documentation to accomplish this payment in full by
2007, in order to finalize Hurricane Wilma cleanup.
BC070840 DRC Cntrct Amnd 2
7/11 /2007 11:04:00 AM
In the future tipping fees from final disposal of all canal/waterway debris shall be brought by DRC to
designated final disposal facilities on the mainland, Any pass through costs shall be determined upon
designation of final disposal facilities on the mainland. No payments will be made to DRC until the
determination of the disposal sites and the cost has been included in this contract by amendment. The term
pass through refers to the fact that the County will not be charged more than the actual cost of disposal at
the mainland disposal site. DRC agrees not to dispose of any canal/waterway debris in Monroe County, all
disposal shall be a designated disposal sites on the mainland."
Section 2. Effective Date. The effective date of this Contract Amendment is upon
signature by both parties. The termination date is established in the Contract to which this is
an amendment.
Section 3. Contract Otherwise Unchanged. In all other aspects, the Contract
remains unchanged and in full force and effect. ,_,
3 n
IN WITNESS WHEREOF each party hereto has caused this Agreement to be*eca�dted its
duly authorized representative. CI) + "'
`9
(SEAL) ..
BOARD OF COUNTY
co
Attest: DANNY L. KOLHAGE, CLERK
B C7
Deputy Clerk
Date:
AUG 1 5 2007
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Mario Di Gennaro
AUG 1 5 ZOO ,
Date:
DRC Emergency Services LLC
BY:
Authorized to Sign for Corporation
04KK, St'o-r
Print Name
Date: 7 - 13— 07
BC070840 DRC Cntrct Amnd 2
7/11/2007 11:04:00 AM
MON OE COUNTY ATTORNEY
R VEDAS TO FO
1�
TILEEN _ W. CASSEL
Date SSISTANT 5 0U
NT ATTORNEY
Date: :�? — 1 n -7
AMENDMENT 1 TO
AGREEMENT BETWEEN
DRC EMERGENCY SERVICES LLC
AND
MONROE COUNTY, FLORIDA
FOR PROFESSIONAL SERVICES
This&nendment "Am dment 1 ")to the Agreement ( "Agreement ") made and entered into this
,`day of 2006 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 DRC EMERGENCY SERVICES LLC, a limited
liability company organized under the laws of Alabama, authorized to transact business in the
State of Florida, its successors and assigns, hereinafter referred to as "DRC ". The word "parties"
shall refer to both DRC and COUNTY.
WHEREAS, DRC was awarded a contract for emergency disaster response for the removal of
marine debris, including lobster traps, canal debris, marine debris including abandoned/derelict
vessels, and other derelict vessels related to the impacts of hurricanes; and
WHEREAS, the Agreement between the parties provides for negotiation of additional expenses
for the removal of vessels of special consideration; and
WHEREAS, through negotiation, the parties have agreed that seven (7) vessels warrant the
expenditure of additional funds;
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 DRC agree as follows:
Section 1. Scope. The COUNTY and DRC, for the consideration named agree to
amend Exhibit B 1, Fee Schedule for Marine Trap, Vessel, Canal Clean -up, Marine debris and
derelict vessels to include the identification of seven (7) vessels of special consideration,
attached to this Amendment as Exhibit B 1.
Section 2. Payment. Payment for these seven (7) vessels of special consideration
will be at a rate of $350.00 per foot measured in a single line from the point (or center) of the
BC061180 DRC Cam Amrnd 1
7/11/2007 9:38:43 AM
bow to the center of the stem. These vessels are not considered salvageable and will be
removed to the Monroe County waste transfer station for ultimate disposal.
Section 3. Effective Date. The effective date of this Contract Amendment is upon
signature by both parties. The termination date is established in the Contract to which this is
an amendment.
Section 4. Contract Otherwise Unchanged. In all other aspects, the Contract
remains unchanged and in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its
duly authorized representative.
Attest Nh KOLHAGE, CLERK
r
A ,
Date: November 15, 2006
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
tai
Mayor eharles N o o
ca
Mario Di Gennaro a r m ;
C—
Date: November 15, 2406 .
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DRC Emergency Services LLC
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BY: —0
Authorized to Sign for Corporation
P14kK �
Print Name
7
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Date: 1
MONgOE COUNTY ATTORNEY
A ROVED AS TO F013
ISTANT
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BC061180 DRC Contract
10/31/2006 8:50:00 AM Z
Date: - j, 67
EXHIBIT B1
ADDENDUM
FEE SCHEDULE FOR MARINE TRAP, VESSEL, CANAL CLEAN -UP,
MARINE DEBRIS AND DERELICT VESSELS
Description
ID No.
Latitude
Longitude
Approx. Length
Fero Cemment
153.01
24.57290
- 80.78797
45'
Sailboat — "Shanti"
46
24.58503
- 80.70628
20'
Sailboat
49.01
24.58545
- 80.71260
20'
Sailboat
242
24.58282
- 80.70888
20'
Sailboat
157
24.66167
- 80.69858
34'
Houseboat
130
24.73232
- 80.01402
40'
Houseboat
2321
25.23663
- 80.42625
25'
Wdbit B 1 DKC
10/31/2006 8:50:00 AM
AGREEMENT BETWEEN
DRC EMERGENCY SERVICES LLC
AND
MONROE COUNTY, FLORIDA
FOR PROFESSIONAL SERVICES
This Agreement ( "Agreement ") made and entered into this O�O
gA
day of
2006 by and between MONROE COUNTY, a political subdivision of the St to 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 DRC EMERGENCY SERVICES LLC, a
limited liability company organized under the laws of Alabama, authorized to transact
business in the State of Florida, its successors and assigns, hereinafter referred to as
"DRC ". The word "parties" shall refer to both DRC and COUNTY.
WHEREAS, COUNTY requires professional services as may be required to effect the
removal of hurricane debris including lobster traps, canal debris, marine debris including
abandoned /derelict vessels, and other derelict vessels requested to be removed by
COUNTY; and
WHEREAS, COUNTY has sought a contractor for the project through a Request for
Bids; and
WHEREAS, DRC was awarded the bid over other contenders; and
WHEREAS, DRC represents that it is capable and prepared to provide such services to
COUNTY, and;
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 DRC agree as follows:
ARTICLE 9 — EFFECTIVE DATE, TERM OF AGREEMENT
1.1 The effective date is the date of this Agreement after execution by all parties,
shall be retroactive to June 2006.
1.2 The term of the Agreement shall be for a one (1) year period, unless otherwise
terminated as provided herein. COUNTY shall have the option of extending the
Agreement for five (5) additional one (1) year periods at the same terms and conditions
with approval from the BOCC. increase in compensation shall be available at the time of
approval. Such extension shall be in the form of a written Amendment executed with the
same formality as this Agreement.
ARTICLE 2 — SERVICES TO BE PERFORMED BY DRC
2.1 DRC shall be prepared to respond to any of the following types of events:
Hurricanes, tornadoes, floods, wildfires, oil spills, mass migration, hazardous materials,
terrorist attacks, Weapons of Mass Destruction (WMD) incidents disease carrying vector
control, biological and viral threats, fires and explosions, and other natural and man
made events.
2.2 DRC shall perform services stated in the Scope of Work, EXHIBIT A, subject to
subcontracts approved pursuant to Article 10, as may be specifically authorized by
COUNTY. Such authorizations will be referred to as Task Orders. Each Task Order will
set forth a specific scope of services, rate /amount of compensation, estimated
completion date, and other pertinent details of the task being authorized. This clause
does not restrict COUNTY from utilizing its own work force, labor and /or equipment to
perform said services.
ARTICLE 3 — COMPENSATION
3.1 COUNTY shall pay DRC in accordance with the Fee Schedule EXHIBIT B, which
is attached, hereto and incorporated by reference as part of this Agreement. If needed,
compensation may be negotiated as a lump sum or not -to- exceed amount for any Task
Order containing a task covered by the scope of work of this Agreement but to which the
fee schedule cannot readily be applied.
3.2 DRC shall submit semi - monthly invoices for services rendered. Invoices must
reference the Task Order number. Invoices shall include a statement of progress and
appropriate audit quality detail to satisfy the reasonable requirements of any Federal or
state agency, which may provide potential reimbursement of the costs associated with
this Agreement. DRC shall be paid according to the Florida Prompt Payment Act, Florida
Statute 255.0705 — 255.078 subsequent to submission of a complete invoice for services
Including the supporting documentation. DRC will be paid for those items not in dispute
and disputed items will be resolved as expeditiously as possible and paid within 30 days
of a resolution.
3.3 If such state or federal agencies require additional explanation or an adjusted
format of the information submitted, DRC will make reasonable and necessary changes
and provide appropriate personnel as required to work and negotiate with such agencies
on COUNTY'S behalf.
3.4 Payment to DRC by COUNTY is not contingent upon COUNTY being reimbursed
by the Federal or state agency. Payment to DRC will be made for any work directed by
COUNTY, which may be determined by Federal and state agencies to be ineligible for
reimbursement. COUNTY IS NOT RESPONSIBLE FOR PAYMENTS TO DRC FOR
WORK NOT DIRECTED BY COUNTY.
3.5 All invoices shall be delivered to:
Mr. George Garrett
Division of Growth Management
Department of Marine Resources
2780 Overseas Highway, Suite 420
Marathon, Florida 33050
3.6 In order for both parties herein to close their books and records, DRC will clearly
state " FINAL INVOICE" on DRC'S final/last billing to COUNTY. This certifies that all
2 :��w
services have been properly performed and all charges and costs have been invoiced to
COUNTY. COUNTY, in writing, must agree to such certification.
3.7 COUNTY will retain 10% of the payment under each Task Order unit until such
time as the entire project is completed to COUNTY'S satisfaction.
3.8 COUNTY'S performance and obligation to pay under this contract is contingent
upon an annual appropriation by the BOCC.
ARTICLE 4 — INSURANCE
4.1 DRC shall name COUNTY as additional insured on COUNTY'S insurance
policies and all other requirements found to be in the best interest of Monroe County as
may be imposed by the Monroe County Risk Management Department. DRC has
provided the COUNTY with a Certificate of Insurance from Gray Insurance Company,
see attached hereto and made a part hereof as * Exhibit C. DRC shall maintain the
insurance as listed on EXHIBIT C.
4.2 Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation
of COUNTY and the DRC in this Agreement and the acquisition 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 COUNTY be required to contain
any provision for waiver.
ARTICLE 5 — STANDARD OF CARE
DRC shall exercise the same degree of care, skill, and diligence in the performance of
the services as is ordinarily provided by a comparable professional under similar
circumstances.
DRC warrants that skilled and competent personnel shall perform all services to the
highest professional standards.
ARTICLE 6 — INDEMNIFICATION
DRC agrees to protect, defend, indemnify, and hold harmless COUNTY, its employees
and representatives, from any and all claims and liabilities, for which COUNTY, its
employees and representatives, can or may be held liable as a result of injury (including
death) to persons or damage to property occurring by reason of any acts or omissions of
DRC, its employees or agents, arising out of or connected with this Agreement.
COUNTY shall not be required to indemnify DRC.
ARTICLE 7 — INDEPENDENT CONTRACTOR
DRC undertakes performance of the services as an independent contractor and shall be
wholly responsible for the methods of performance. COUNTY shall have no right to
supervise the methods used, but COUNTY shall have the right to observe such
performance and shall report to the BOCC regarding the progress, the methods used
and the correctness or incorrectness of said methods.
All performance will be in accordance with all applicable state, federal and county
ordinances, rules and regulations, and DRC will be responsible for performance to
obtain the maximum possible reimbursement from applicable agencies.
ARTICLE 6 — NO PLEDGE OF CREDIT
DRC shall not pledge COUNTY'S credit or make it a guarantor of payment of surety for
any contract, debt, obligation, judgment, lien or any form of indebtedness.
ARTICLE 9 — GOVERNMENT TO PRACTICE
DRC represents and warrants that it has and will continue to maintain all licenses,
registrations and approvals required to conduct its business, and that it will at all times
conduct its business activities in a reputable manner.
ARTICLE 10 — COMPLIANCE WITH LAWS
In performance of its services, DRC will comply with applicable regulatory requirements
including federal, state, county, special district and local laws, rules, regulations, orders,
codes, criteria and standards.
ARTICLE 11 —SUBCONTRACTING
COUNTY reserves the right to accept the use of a sub - contractor by DRC or to reject the
selection of a particular sub - contractor and to review the capabilities of any sub-
contractor to properly perform under this Agreement, unless expressly provided for
therein, such approval shall in no manner or event be deemed to impose any additional
obligation upon the Board. DRC agrees that any contracts it enters into with any
subcontractor shall comply with all of the provisions of this agreement.
ARTICLE 12- FEDERAL AND STATE TAXES
County is exempt from payment of Florida State Sales and Use taxes. The DRC shall
not be exempted by virtue of COUNTY'S exemption from paying sales tax to its
suppliers for materials used to fulfill its obligations under this contract, nor is the DRC
authorized to use COUNTY'S Tax Exemption Number in securing such materials. The
DRC shall be responsible for any and all taxes, or payments of withholding, related to
services rendered under this agreement.
ARTICLE 13 — GOVERNMENT'S RESPONSIBILITIES
COUNTY shall be responsible for providing access to all project sites, and providing
information required by DRC which is available in the files of COUNTY and not restricted
by law, litigation or privilege.
ARTICLE 14 — TERMINATION OF AGREEMENT
COUNTY may terminate this contract for cause with fifteen (15) days notice to DRC.
Cause shall constitute a breach of the obligations of DRC to perform the services
enumerated as DRC'S obligations under this Agreement. Either of the parties hereto
4 =W
may terminate this contract without cause by giving the other party sixty (60) days
written notice of its intention to do so.
ARTICLE 15 — GOVERNING LAW AND VENUE
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 DRC agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
ARTICLE 16 — NON - DISCRIMINATION
COUNTY and DRC agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. COUNTY or
DRC agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 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 patent records; 8) Title Vill 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
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.
ARTICLE 17 — WAIVER
A waiver by either party of any breach of this Agreement shall not be binding upon the
waiving party unless such waver is in writing signed by authorized person for DRC and
approved by BOCC. In the event of a written waiver, such waiver shall not affect the
waiving party's rights with respect to any other or further breach. The making or
acceptance of a payment by either party with knowledge of the existence of a default or
breach shall not operate or be construed to operate as a waiver of any subsequent
default or breach.
5 :::w
ARTICLE 18 — SEVERABILITY
The invalidity, illegality, or unenforceability of any provision of this Agreement, or the
occurrence of any event rendering any portion or provision of this Agreement void, shall
in no way affect the validity or enforceability of any other portion or provision of the
Agreement. Any void provision shall be deemed severed from the Agreement and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or provision held to be void. The parties further agree to
reform the Agreement to replace and stricken provision with a provision that comes as
close as possible to the intent of the stricken provision.
ARTICLE 19 — ENTIRETY OF AGREEMENT
The parties agree that this Agreement sets forth the entire agreement between them,
and that there are not promises or understandings other than those stated herein. This
Agreement supersedes all prior contracts, representations, negotiations, letters or other
communications between COUNTY and DRC pertaining to the services, whether written
or oral. None of the provisions, terms and conditions contained in this Agreement may
be added to, modified, superseded or otherwise altered except by written instrument
executed by the parties hereto.
ARTICLE 20 — MODIFICATION
This Agreement may not be modified unless such modifications are evidenced in writing
signed by both COUNTY and DRC. Such modifications shall be in the form of a written
Amendment executed by both parties.
ARTICLE 21 — SUCCESSORS AND ASSIGNS, ASSIGNMENT
COUNTY and DRC each binds itself and its partners, successors, assigns and legal
representatives to the other party to this Agreement and to the other party's partners,
successors, assigns and legal representatives.
DRC shall not assign this Agreement without express written approval of the BOCC
executed in the same manner as this Agreement.
ARTICLE 22- OWNERSHIP OF THE DOCUMENTS
Any and all documents, records, disks, original drawings, or other information shall
become the property of COUNTY for its use and /or distribution as COUNTY may deem
appropriate.
ARTICLE 23 — NOTICE
Any notice or demand required or permitted under this agreement shall be in writing and
hand delivered or mailed, postage prepaid, to the other party by certified mail, returned
receipt requested, to the following:
6
FOR COUNTY:
FOR DRC:
Mr. George Garrett
Division of Growth Management
Department of Marine Resources
2780 Overseas Highway, Suite 420
Marathon, Florida 33050
AND
Mr. Thomas Willi
Monroe County Administrator
1100 Simonton Street, Room 2 -205
Key West, Florida 33040
DRC Emergency Services LLC
740 Museum Drive
Mobile, Alabama 36608
Attn: Contract Administrator
Facsimile transmission is acceptable notice and is effective when received so long as
the original of the notice is additionally mailed, postage prepaid, to the other party by
certified mail, returned receipt requested. Notices shall be effective when received at the
addresses as specified above. Changes in the respective addresses to which such
notice is to be directed may be made from time to time by either party by written notice
to the other party.
Nothing contained in this Article shall be construed to restrict the transmission of routine
communications between the parties or their representatives; however, facsimile
transmissions received (i.e. printed) after 5:00 p.m. or on weekends or holidays, will be
deemed received on the next business day. The original must be additionally mailed.
ARTICLE 24 — AGREEMENT ADMINISTRATION
Services of DRC shall be under the general direction of COUNTY Administrator, or his
designee, who shall act as COUNTY'S representative during the term of this Agreement.
ARTICLE 25 — TASK ORDER/PERFORMANCE
Task Orders shall be executed bilaterally and the scope of services and format of Task
Orders shall be mutually agreed to by DRC and COUNTY. COUNTY shall have the right
to correct for vendor default or underperformance by any means it deems in its best
interest. DRC will be required to provide a weekly report on quantity of work performed
under each Task Order.
ARTICLE 26- BONDS
DRC will furnish a performance and payment bond for any and /or all Notices to Proceed.
ARTICLE 27 - 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.
ARTICLE 28 - CLAIMS FOR FEDERAL OR STATE AID
DRC 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.
ARTICLE 29 - 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 COUNTY, when performing their respective functions under this
Agreement within the 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 COUNTY.
ARTICLE 30 - 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 COUNTY, except to the extent permitted by the Florida constitution,
state statute, and case law.
ARTICLE 31 - 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 COUNTY and the DRC
agree that neither COUNTY nor DRC 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.
ARTICLE 32 - ATTESTATIONS
DRC agrees to execute such documents as COUNTY may reasonably require, to
include a Public Entity Crime Statement, an Ethics Statement, and a Drug -Free
Workplace Statement.
Big
ARTICLE 33 - 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.
ARTICLE 34 - EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
ARTICLE 35 - 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.
0 _ITNESS WHEREOF the parties hereto have executed this Agreement on the
;#irst written above in four (4) counterparts, each of which shall, without
pig ting for the other counterparts, be deemed an original contract.
At# `'D NNY L. OLHAGE, CLERK
By:
Deputy erk
Date: SEP$020%
BOARD OF COUNTY
COMMISS NERS
OF MON OUNTY, FLORIDA
By:
Mayor Charles "Sonny" McCoy
Date: 5!�" 0 MS
DRC 5--66 fiervices LLC
BY:
0 0
Date:
MONROE COUNTY ATTOAQF <
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APPROVED AS O FO c:f
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ASSISTANT CUUNTYATTORg1 Y
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1:11;
SCOPE OF WORK FOR MARINE DEBRIS
Lobster traps, Marine Debris, and Abandoned Vessels
Lobster Tray Removal
DRC will be responsible for managing the removal and disposal of lobster traps
destroyed or substantially damaged as the result of the 2005 and subsequent hurricane
seasons within the life of the Agreement; to include the identification of locations in the
water of where significant trap debris exists, working with the Monroe County
Commercial Fisherman (MCCF) or other entities as appropriate to locate, remove, and
dispose or traps, and oversight of field monitoring, and billing for the project.
Detailed Responsibilities:
• DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
• DRC will provide management and oversight for County designated temporary
debris sites to manage trap line, funnels, and buoys prior to appropriate disposal.
Sites can be at fish houses or commercial fishing related facilities. Disposal sites
for wood and concrete portions of traps will be as follows -- various County
designated offshore sites in the Gulf and Atlantic Ocean.
Site ID
Estimated Depth (Feet)
Latitude
Longitude
01
40
24.51244
- 82.14985
02
33
24.49513
- 81.96367
03
31
2451528
- 81.82093
04
28
24.54376
- 81.62800
05
40
24.56686
- 81.44104
06
43
24.60182
- 81.28612
0 7
39
24.64480
- 81.13454
08
27
24.77655
- 80.78988
09
14
24.89500
- 80.58864
10
23
25.02491
- 80.41809
11
26
25.14859
- 80.28529
12
34
25.28558
- 80.18986
131
20
24.96675
- 81.34483
ambit n
9/01/06 - I - e F
Determine locations of significant lobster trap debris in an area from Key West to
Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to
include municipalities. No effort should be made to assess the area within the
bounds of Everglades National Park. Assessment of debris locations should not
extend beyond %Z mile further toward the ocean or gulf from the islands connected
by U.S. highway 1, unless there are known shallow water flat areas which may
harbor trap debris. In addition, a less detailed assessment of the existence of
lobster trap debris should be completed for the area ten miles (plus or minus) west
of Key West.
• 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."
• DRC 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.
Exhibit A
9/01/06 -2-
• Monroe County will maintain an independent monitoring team representing the
County as the project applicant.
• DRC 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
• DRC through separate sub - contract(s) will accept the assistance of any other
valid, qualified contractor as needed to assist in this project. DRC reserves the
right to solely determine if the sub - contractor in question is qualified to
participate in this project.
Canal and Near Shore Debris Clean-up
DRC will be responsible for managing the removal and disposal of marine debris in
manmade canals which has resulted from the impacts of the 2005 and subsequent
hurricane seasons within the life 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 to, locate, remove, and dispose or marine
debris, and oversight of field operations for the project.
Detailed Responsibilities:
• DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
• Management and oversight of County designated temporary debris sites for
storage of marine debris prior to appropriate final disposal.
• Determine locations of marine debris in manmade canals within an area to include
Key West to Key Largo and the Monroe County portion of the "Eighteen Mile
Stretch," to include the municipalities. The definition of manmade canal shall be
that found in the Monroe County Code of Ordinances as follows:
Man -made water body means a water body that was created by excavation by mechanical
means under human control and shall include a canal, cut basin, or channel where its
edges or margins have subsequently been modified by natural forces (See Definitions,
Chapter 9.5-4 (M-4).
(1) For the purposes of this chapter, such water bodies may have natural components, for
instance a channel or canal may have been dredged such that the dredge material was
used to create land on one side, but not the other, thus leaving a relatively natural
shoreline on the opposite side.
(2) Also for the purposes of this chapter, the man-made water body must have
"Buildings," as defined in Chapter 9.5-4 (B -9), along its shoreline to be applicable. If
buildings are not present on a given shoreline on the date of adoption of this ordinance,
but such buildings are constructed at a later date, then this ordinance becomes effective at
that time.
Exhibit A
9/01/06 - 3
• Assess total potential volume or appropriate metric (linear feet of canal, tons, 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.
• Complete Contracts for Service with local marine contractors to remove debris
from manmade canals located in the project work area.
• DRC will provide supervision for project oversight efforts as required by FEMA
or the Natural Resources Conservation Service (MRCS) (U.S. Department of
Agriculture), 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.
• DRC 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 Vessel Recovery and Disposal
DRC will be responsible for managing the removal from the water, impound and auction
or disposal, of abandoned vessels surrounding the Florida Keys which are largely, but not
exclusively, the result of impacts of the 2005 and subsequent hurricane seasons within the
life 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:
• DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
• Determine current locations of remaining abandoned vessels and determine the
least costly approach for salvage or disposal as appropriate. Maps provided show
approximate location of vessels after Hurricane Wilma. Additional information
may be available concerning their current disposition.
FxImIxt A
9/01 /06 -4-
• In the event of future storms and similar impacts, star will work with DRC to
locate and map vessels and other marine debris post each event. Such products
will supplant the maps provided herein.
Exhibit A
9/01/06 .5- AP
Exhibit A
9/01/06 _ .
• Management and oversight of County designated temporary debris sites for
storage of marine 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.
• DRC 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.
• DRC 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.
• DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA and the County
Exhibit A
9/01 /06 -7-
FEE SCHEDULE FOR MARINE 'TRAP, VESSEL, CANAL CLEAN -UP,
MARINE DEBRIS AND DERELICT VESSELS
Trap Debris
Cost per Trap Removed
Shallow Water (0 -2') Channels Q' plus)
$ 41.50 34.20
1. Concrete and wood will be disposed of at designated sites on the water, thus per unit
cost is based on delivery of material to these sites and not to temporary land based sites
for transportation to a permanent disposal area.
2. Trap line, trap funnels, and buoys are to be disposed of at appropriate land -based
disposal sites.
3. When possible, the Contractor will work with local commercial fisherman and other
capable and interested parties as sub- contractors for this project.
Canal Debris
Costs for Canal Debris Removal
C & D debris removal from canals.
$--1.9.58 per linear foot cleaned
Vegetative debris removal from canals.
Vessel and Other Uaen Water Marine Debris
Labor and Cost of boat and vessel removal
$ 19.58 per linear foot cleaned
Boats/Vessels retrieved from the land by means of various equipment. No water borne
equipment.
$ 150.00 per linear foot of vessel
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: $ 25.00 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: $ 150_ 000 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Other Boats/Vessel in excess of 35 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Salvageable: $ 250.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Houseboats and larger vessels that may create some difficulty in removal because of
location (edge of islands or in the mangroves, hard aground etc. retrieved from the water
by means of various equipment, including barges, cranes, boats, etc.
Salvageable: $ 400.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of
vessel
Per day fees for storage/dockage for salvaged boats /vessels.
$ 35.00 per unit/daily
Respondent responsible for providing storage / dockage site.
Water based marine debris found outside of canals including offshore collection and
transport to offloading site:
$ 50.00 per cubic yard collected
1. The removal of vessels of special consideration may require unexpected additional
effort and further negotiation may be allowed on a case by case basis.
2. Substantially intact vessels (Greater than 80 %) are considered to be vessels for the
purposes of this fee schedule and will be billed by the linear foot.
Note, in all cases, traps, vessels, and other marine debris:
• Load and haul to TDSRS, any necessary separation and reduction cost, and haul
out to final resting place of trap line, floats, and funnels must be considered in any
price quote provided.
• Tipping fees from final disposal of all canal/waterway debris brought to land will
be a pass through cost to be determined upon designation of final disposal
facilities.
Exhibit s
9/6/2006 2:26:00 PM