Item H8BOARD of COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Late: Jpum 16, 2013
Bulb Item: Yes X No
Division: Growth Management
Department: Marine Resources Office
Staff Contact Person/Phone : Richard ,Tones 9- 80
AGENDA ITEM WORDING
Approval to advertise a bequest for Qualifications (RFQ) for vendors to participate in the removal and
disposal of derelict vessels, floating structures and marine debris through 2016, with up to a two year
renewal.
ITEM BACKGROUND:
In November 2007 the BOCC directed the Marine Resources Office to qualify vendors for the removal
and disposal of derelict vessels, floating structures and marine debris. The Marine Resources Office
promptly submitted an RFQ for advertisement, and the BOCC subsequently awarded contracts to
multiple vendors in March and April 2008 (thirteen total) to provide disposal service. Since that time
the removal and disposal process, based on awarding Task Orders to the lowest quote for each disposal
,job has functioned successfully. The procedure for assignment of awards by Task Order was clarified
and approved by the BD (Res. 242-2009 attached), at the recommendation of the Clerks Office
(February 24, 2009 Audit of Marine Resources Bidding Process), and waives Purchasing Policy by
providing purchasing levels and authorizations for work performed under the contracts to the Marine
Resources Senior Administrator and growth Management Division Director for up to $50,000. The
vendor contracts expire in March and April 2013, and the Marine Resources Office anticipates going
out again for RFQ to qualify multiple vendors to provide disposal service through 2016 (with the
option to renew for one additional two year term). Staff anticipates submitting the attached RFQ to the
Purchasing Dept. for advertisement upon the approval of the BOCC at its January 16, 2013 meeting.
PREVIOUS RELEVANT BIT C ACTION.
November 007- direction to advertise an RFQ to qualify vendors for derelict vessel removal
March 008- approval of contracts with multiple vendors (five total) for derelict vessel removal
April 008- approval of contracts with multiple vendors (eight total) for derelict vessel removal
August 00 - approval of Res. No. 242- 009 establishing procedures for the award of removal jobs
CONTRACT/AGREEMENT CHANGES;
/A
STAFF REC OMMENDAT'ION O
Approval
TOTAL COST* n/a BUDGETED * Yes No
DIFFERENTIAL OF LOCAL PREFERENCE:
COST TO C O N'T ,. SOURCE OF FUNDS
REVENUE PRODUCING*, Yes No AMOUNT PER MONTH Year
APPROVED B : County Atty X OMB/Purchasing Risk Management
DOCUMENTATIONG Included X Not Required
DISPOSITION, AGENDA ITEM #
MONROE COUNTY
REQUEST FOR QUALIFICATIONS
To Perform Removal, Refloating and/or Demolition
and Disposal of Derelict Vessels, Floating Structures,
and Marine Debris in Monroe County
BOARD OF COUNTY COMMISSIONERS
Mayor George Neugent, District 2
Mayor Pro Tem Heather Carruthers, District 3
Danny L. Kolhage, District 1
David Rice, District 4
Sylvia J. Murphy, District 5
COUNTY ADMINISTRATOR GROWTH MANAGEMENT DIRECTOR
Roman Gastesi Christine Hurley
December 41, 2012
Prepared By:
Marine Resources Senior Administrator
Richard Jones
TABLE OF CONTENTS
SECTION ONE: INSTRUCTION TO RESPONDENTS
SECTION TWO: D AFT CONTRACT
SECTION THREE: COUNTYFORMS
SECTION FOUR: INSURANCE REQUIREMENTS
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SECTION ONE: INSTRUCTION TO RESPONDENTS
1.01 GENERAL DESCRIPTION of SERVICES
The Board of County Commissioners of Monroe County, Florida, (hereinafter "County") ounty") is
seeking proposals from respondents to remove, refloat and/or demolish and dispose of derelict
vessels, floating structures, and marine debris from the land, shorelines, canals and waters of
Monroe County..
1.02 OBJECTIVE OF THE REQUEST FOR QUALIFICATIONS
The Growth Management Division of Monroe County, Florida invites firms to submit their
qualifications to remove, refloat and/or demolish and dispose of derelict vessels, floating
structures, and marine debris within Monroe County. The successful respondent should be
prepared to respond when called upon by a designee of the growth Management Division with
adequate personnel, equipment, and expertise within a designated time to remove, refloat and/or
demolish various types of derelict vessels, floating structures, and miscellaneous marine debris in
a professional manner. The scope of work may include disposal of hazardous materials and
preservation of evidence under the direction of the Florida Fish & Fish and wildlife
Conservation Commission (FWC), Sheriffs office, or other law enforcement entity. The County
seeks to establish the ability to have contractor(s) available to be called upon in all areas of the
County* The County anticipates having more than one Contractor available to respond quickly in
each area of the County.
1,03 PROJECT LOCATION
The project area includes the land, shorelines, waters and canals in and around the Florida Keys
in, Monroe County. COUNTY is aware that it may not be practical for a single contractor to
provide coverage for the entire area of the Florida Keys. Contractors are encouraged to provide
the limitations of their ability to respond. County requires Contractors to provide information
regarding the geographical coverage areas in which they are capable of providing regular and
continuing coverage and which correspond to the Upper Keys (from the northern County line to
Channel Two and adjacent waters), Middle Keys (from Channel Two to Moser Channel and
adjacent waters) and Lower Keys (Moser Channel to Key west and adjacent waters). County
anticipates awarding contracts to multiple contractors, covering each of the three geographical
areas in order to provide timely and professional removal of marine debris and derelict vessels.
1,04 SCOPE of WORT
The project consists of removal, refloating and/or demolition and disposal of derelict vessels,
floating structures, and marine debris, including proper reclamation and disposal of associated
hazardous waste and cooperation with law enforcement where needed to properly preserve
evidence using photographs and other methods of preservation as directed by law enforcement.
The project will be made up of individual jobs consisting of removal, demolition and disposal of
a vessel, structure or debris as requested by the COLTNTY. The Contractor will manage each job
from beginning to end including the scheduling, labor, monitoring, provision of necessary
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equipment and progress reporting to the County designee in the Marine Resources Office.
When a derelict vessel, floating structure, or debris is identified the County will contact
Contractor(s) throughout the Keys, or in the applicable area, and provide the details of the job
included in a Quote bequest (provided by the County) and/or Derelict Vessel Deport (provided
by FWC. or other law enforcement entity authorizing the removal and disposal) ; details shall
include, but not be limited to the location of the job, description of the job, the nature of the
vessel or debris, the length of the vessel or size of debris, whether the vessel is constructed of
wood, fiberglass, concrete, metal, and if any hazardous materials are known to be aboard. The
Contractor will Mien respond to the COUNTY in writing (via e-mail) with a quote for the cost of
the specific job, and a brief description of the job, including any specific issues regarding
response time or job completion. The County will promptly choose a Contractor and authorize
the particular job by Task Order detailing the work to be performed+ The Task Order will be
delivered via e-mail to the awarded contractor/s. At no time will any Contractor be authorized to
undertake a job without the express authorization of the County. It is the responsibility of the
Contractor to ensure that he/she processes the correct derelict vessel, floating structure, or debris
according to the detailed description provided in the Quote bequest, Task Order, and/or Derelict
Vessel Deport (the attached Resolution o.4-009 provides an example of the procedures and
various documentation pertaining to the procedures). Contractor shall ensure that he/she
properly removes and disposes of the vessel, structure or debris in totality, including any ground
tackle (including any and all unpermitted mooring device/anchor) and debris associated with the
vessel or structure that may have broken apart and become scattered in the immediate vicinity.
The contractor will provide all necessary equipment to complete the job including vessels,
barges, heavy equipment, flotation equipment, vehicles, and personal protective equipment. The
contractor will provide all materials needed to accomplish the assigned job, including necessary
equipment for proper handling of hazardous materials and will strictly adhere to all
precautionary, and safety requirements. Larger removal jobs, or jobs that include hazardous
materials (e.g. asbestos) may require coordination with the Florida Department of Environmental
Resources (DEP). It is the Contractor"s responsibility to be aware of, and follow all applicable
local, state, and federal regulations in the handling and processing of vessels, floating structures
and debris in or out of the water.
Contractors are required to have active licenses required to fulfill the requirements of each
particular job and are required to include in the qualification package copies of any and all
licenses. The County reserves the right to disqualify prospective bidders who have violations or
who violate state or federal lags or regulations related to handling of hazardous materials.
Contractors holding the necessary license shall be responsible for the job site at all times during
the work.
1.05 PROPOSAL SUBMYSSION REQUIREMENTS
A. All responsess must be received by the Monroe County Purchasing Office, 1100
Simonton Street, boom I - 13, Ivey West, Florida 33040, on or before 3.00 P.M. on
Month Day, 2013. Two (2) signed originals and four (4) complete copies of each
response shall be submitted in a sealed envelope marred on the outside, `{Qualifications
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for Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating
Structures, and Marine Debris in Monroe County".
B . All submissions must remain valid for a period of one hundred and twenty (120) days
from the date of the deadline for submission indicated above. The Board will
automatically reject the response of any person or affiliate who appears on the convicted
vendor list prepared by the Department of General Services, State of Florida, under Sec.
7.13 3 (3)(d), Florida Statute (1997). The Board reserves the right to reject any or all
responses, to waive informalities in the responses and to re -advertise for qualifications.
The Board also reserves the right to separately accept or reject any item or items of a
response and to award and/or negotiate a contract in the best interest of the County.
C. The County reserves the right to rej ect any and all responses and to waive technical
errors and irregularities as may be deemed best for the interests of the County.
Responses which contain modifications,, are incomplete, unbalanced, conditional,
obscure, or which contain additions not requested or irregularities of any kind, or which
do not comply in every respect with the Instruction to Respondents, and the contract
documents, may be rejected at the option of the County.
1,06 DISQUALIFICATION of RESPONDENTS
Failure to complete these forms in every detail and submit them with your Response may result
in immediate disqualification of your Response.
A. NON -COLLUSION AFFIDAVIT: Any person submitting a proposal in response to this
invitation must execute the enclosed NON -COLLUSION AFFIDAVIT. If it is
discovered that collusion exists among the Respondents, the proposals of all participants
in such collusion shall be rejected, and no participants in such collusion will be
considered in future bids for the same work.
B. PUBLIC ENTITY RIME: A person or affiliate who has been placed on the convicted
vendor list following a conviction for a public entity crime may not submit a proposal on
a contract to provide any goods or services to a public entity, may not submit a proposal
on a contract with a public entity for the construction or repair of a public building or
public work, may not submit Proposals on leases or perform work as a contractor,
supplier, subcontractor, or CONTRACTOR under a contract with any public entity, and
may not transact business with any public entity in excess of the threshold amount
provided in Section 287.017, for CATEGORY Two for a period of 36 months from the
date of being placed on the convicted vendor list. Category Two: $25,000.00
C. DRUG -FREE WORKPLACE FORM: Any person submitting a bid or proposal in
response to this invitation must execute the enclosed DRUG -FREE WORKPLACE
FORM and submit it with his bid or proposal. Failure to complete this form in every
detail and submit it with your bid or proposal may result in immediate disqualification of
your bid or proposal.
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D. LOBBYING AND CONFLICT OF INTEREST CLAUSE: Any person submitting a bid
or proposal in response to this invitation must execute the enclosed LOBBYING AND
CONFLICT OF INTEREST CLAUSE and submit it with his bid or proposal. Failure to
complete this form in every detail and submit it with the bid or proposal may result in
immediate disqualification of the bid or proposal.
1..07 EXAMINATION OF RFQ DOCUMENTS
A. Each Respondent shall carefully examine the RF(request for Qualifications) and
other contract documents, and inform himself thoroughly regarding any and all
conditions and requirements that may in any manner affect cost, progress, or
performance of the work to be performed under the contract. Ignorance on the part of
the _CONTRACTOR will in no way relieve him of the ohlications and
responsibilities assumed under the contract*
E. Should a respondent find discrepancies or ambiguities in, or omissions ft`om, the
specifications, or should he be in, doubt as to their meaning, he shall at once notify the
OL NTV.
1.08 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the rF
documents. Any inquiry or request for interpretation received ten (10) or more days prior to the
date fixed for opening of responses will be given consideration. All such changes or
interpretation will be made in writing in the form of an addendum and, if issued, will be mailed
or sent by available means to all known prospective respondents prior to the established
proposal opening date. Each respondent shall acknowledge receipt of such addenda in the space
provided therefore in the Response Form. In case any Despondent fails to acknowledge receipt
of such addenda or addendum, his response will nevertheless be construed as though it had been
received and acknowledged and the submission of his response will constitute acknowledgment
of the receipt of sane. All addenda are a part of the contract documents and each respondent
will be bound by such addenda, whether or not received by him. It is the responsibility of each
Despondent to verify that he has received all addenda issued before Responses are opened.
Requests for additional information must be in writing and should be directed to Richard Jones,
Senior Administrator, Monroe County Marine resources Office Suite 400, 2798 Overseas Hwy.,
Marathon, Florida 3 3 o5 o; 3 051 9 - 3 56 (fax). All such requests must be received at least ten
(10) days prior to the time set for the response submission and will be answered in writing to all
potential respondents, who have requested a copy of this package, at least five (5) days prior to
the time set for the proposal submission. Respondents may not request nor rely upon any verbal
representations concerning these specifications.
1.09 GOVERNING LAWS AND RE ULATION
The respondent is required to be familiar with and shall be responsible for complying with all
federal, state, and local laws, rules, and regulations that in any manner affect the work.
1,10 PREPARATION of RESPONSES
Signature of the Despondent: The Despondent must sign the response forms in the space
provided for the signature. If the Respondent is an individual, the words `doing business as
", or "Sole Owner" must appear beneath such signature. In the case of a
partnership, the signature of at least one of the partners must follow the partnership's name and
the words "Member of the Firm" should be written beneath such signature. If the Respondent is
a corporation, the title of the officer signing the Proposal on behalf of the corporation must be
stated along with the Corporation Seal Stamp and evidence of his authority to sign the Proposal
must be submitted, The Respondent shall state in the response the name and address of each
person interested therein.
1.11 RESPONSIBILITY FOR RESPONSE
The Despondent is solely responsible for all costs of preparing and submitting the response,
regardless of whether a contract award is made by the County.
1.12 COPES OF REQUEST FOR QUALIFICATION DOCUMENTS
A. only complete sets of Request for Qualification documents will be issued and shall be
used in preparing responses. The County does not assume any responsibility for errors or
misinterpretations resulting from the use of incomplete sets.
B. Complete sets of Request for Qualification documents may be obtained in the manner
and at the locations stated in the Notice of Request for Proposals.
1,13 CONTENT of RESPONSE
The proposal package submitted in response to this Request for Qualifications (RFQ) shall be
typed on -1 /2" x I I" white paper and bound; shall be clear and concise and provide the
information requested herein. Statements submitted without the required information will not be
considered. Proposals shall be organized and sections tabbed. The Respondent should not
withhold any information from the written response in anticipation of presenting the information
orally or in a. demonstration, since oral presentations or demonstrations may not be solicited.
Each Despondent must submit adequate documentation to certify the Respondent's compliance
with the ounty's requirements. Respondent should focus specifically on the information
requested. Additional information, unless specifically relevant, may distract rather than add to
the Respondent's overall evaluation.
The response, at a minimum, shall include the following:
A. Cover Page
A cover page that reads "Qualifications for Removal, Refloating and/or Demolition and
Disposal of Derelict Vessels and Marine Debris in Monroe County,, The cover page should
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contain respondent's name, address, telephone number, and the name of the respondent's
contact person,
B. Tabbed Sections
Tab 1. General information. In order to determine if persons submitting qualifications are
responsible, all responses for contracts to be awarded under this section must contain the
following infonnation:
I. A list of the person's shareholders with five percent or more of the steep; or, if a
general partnership, a list of the general partners; or, if a limited liability company,
a list of its members.
II. A list of the officers and directors of the person.
III. The number of }ears the person has been operating and, if different, the number of
ears it has been providing the services, goods or construction services similar to
those requested in the specifications.
I. The number of years the person has operated under its present name and any prior
names.
V. The following, including answers to the questions regarding claims and suits:
a. Has the person ever failed to complete work or provide the goods for which it
has contracted? If yes, provide details.
b. Are there any judgments, claims, arbitration proceeding or suits pending or
outstanding against the person, or its officers or general partners? If yes,
provide details.
c. Has the person, within the last five years, been a party to any lawsuit or
arbitration with regard to a contract for services, goods or construction
services similar to those requested in the specifications? If yes, provide
details.
d. Has the person ever initiated litigation against the County or been sued by the
County in connection with a contract to provide services, goods or
construction services? If yes, provide details,
e. whether, within the last five years, an officer, general partner, controlling
shareholder or major creditor of the person was an officer, general partner,
controlling shareholder or major creditor of any other entity that failed to
perform services or furnish goods similar to those sought in the request for
qualifications.
f. Provide customer references.
g. Provide credit references.
Tab 2. Despondent resources and Performance. respondent shall address the following
points, which shall be used in the SelectionCommittee's evaluation of each submittal in
relation to the previously discussed tasks.
I. record of perfonnance, prior experience in the area of removal of derelict vessels
and professional accomplishments including: a description of similar work
completed by the firm, any outstanding accomplishments of the firm, and any
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outstanding accomplishments of the firrn that relate directly to this type of work
(please provide a reference for each work cited).
II. Technical, educational and training experience of the assigned staff and any
anticipated subcontracted staff. Include the proposed fimction(s) of subcontractors.
III. Description of vessels, vehicles, and equipment available to be used in removal.
Iv. Project Approach. Provide a description including a statement that reflects a clear
understanding of project needs based on the Scope of Work, a work plan that details
the approach, activities necessary and estimated time fr` arne and budget outlays to
complete the project.
V. Proximity of Despondent to the Keys (or Keys subareas- upper, middle, lower) and
ability to respond quickly, including: ability to evaluate jobs based on quote
requests, submit quotes and start/complete the jobs.
VI. Additional information: Provide any additional pertinent information that would be
helpful in the consideration of your response
Tab 4* County Forms. Despondent shall complete and execute the forms specified below
and found at designated pages in this RFP, as well as copies of all professional and
occupational licenses:
I. Response Form
II. Lobbying and Conflict of Interest Clause
III. Non -Collusion Affidavit
W. Drug Free Workplace Fonn
V. Public Entity Crime Statement
VI. Insurance and Indernnification Statement
Tab 5. Licenses.
I. Professional and Occupational Licenses
II. A copy of all licenses held by the respondent, including but not limited to Captain's
license, occupational license, specialty license or certificate and any other relevant
license that the respondent holds and unshed the County to consider as part of the
qualifications of the respondent
III. Any license or certificate related to removal of hazardous waste
1.14 RECEIPT AND OPENING OF RESPONSES
Responses will be received until the designated time and will be publicly opened and announced
at the appointed time and place stated in the Notice of Request for Proposal. Monroe ounty's
representative authorized to open the responses will decide when the specified time has arrived
and no responses received thereafter will be considered. No responsibility will be attached to
anyone for the premature opening of a response not properly addressed and identified.
Respondents, or their authorized agents, are invited to be present.
EVE
1-.15 RESPONSE EVALUATION AND SELECTION PROCESS
Responses will be evaluated and selected at a publicly -noticed meeting by a Selection
Committee composed of the Monroe County Marine Resources Senior Administrator, the
Monroe Counter Growth Management Division Director, and the Monroe Counter Planning
Environmental Resources Department Senior Director (or their designees). Are additional person
may be appointed by the County Administrator. The Selection Committee will evaluate the
proposals based on the following criteria:
1. Firm provided all necessary submittal forms (Yes/No)
. Performance record and experience in the area of vessel/debris removal (10 pt)
3. Expenencedltrained staff (10 pt)
4. Suitable vessels, trucks and equipment to perform the described duties (10 pt)
5. Project approach (10 pt)
6. Proximity of Despondent to the legs and response time capabilities (10 pt)
7. Counter" s satisfaction with Respondent's past projects in the Keys (10 pt)
The Selection Committee will rank the proposals in order of preference and make a
recommendation to the Counter Commission to execute a contract(s) with the selected
Iredespondent(s). when the contractw
s) is signed by the Despondent(s) and other rei
documentation has been provided (Certificates of Insurance), the contract(s) will be brought
before the County Commission for final approval. No binding contract is created between any
Respondent and the Counter until a contract is approved by the County Commission.
1,16 AWARD of CONTRACT
A. The Counter reserves the right to award separate contracts for each service area and to
waive any informality in any response, or to re -advertise for all or part of the work
contemplated. If responses are found to be acceptable by the County, written notice will
be given to the selected Respondent of the award of contract(s).
B. If the award of a contract is annulled,, the County may award the contract to another
Despondent or the work may be re -advertised or may be performed by other qualified
personnel as the Counter decides.
C. A contract will be awarded to the Despondent(s) deemed to provide the services which
are in the best interest of the Counter, considering price, qualifications, time frame,, and
other factors deemed relevant.
D. The Counter also reserves the right to reject the response of a Respondent who has
previously failed to perform properly or to complete contracts of a similar nature on time.
E. All responses,, including the recommendations of the County Administrator or his
designee, will be presented to the Board of County Commissions of Monroe County,
Florida,, for final awarding or otherwise.
1,17 CERTIFICATES of INSURANCE
The Contractor will be responsible for all necessary insurance coverage as indicated in Section
Four. Certificates of Insurance must be provided to Monroe County prior to approval of
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Contract, with Monroe County BOCC listed_ as additionally insured on all insurance cov ra
(except Workers ompensati, 0
The Contractor shall defend, indemnify, and hold bless the County as outlined on the
attached form (in Section Three).
SECTION TWO: DRAFT CONTRACT (not to be submitted with Response)
ICIoNFloE COUNTY
CONTRACT FOR REMOVAL, REFLOATING AND/OFF DEMOLITION AND DISPOSAL of
DERELICT VESSELS, FLOATING STRUCTURES AND MARINE DEBRIS
THIS CONTRACT is made and entered into this day of , by MONROE
COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose address is the
Marathon Government center, 2798 Overseas Highway, Marathon, Florida, 88050, and
("CONTRACTOR"), whose address is
Section 1. SCOPE OF SERVICE
The CONTRACTOR shall do, perform and carry out in a professional and proper manner the
project including certain duties as described below.
Duties consist of retrieval, removal, refloating and/or demolition and disposal of derelict vessels'
floating structures and marine debris. This includes proper reclamation and disposal of
associated hazardous waste and cooperation with law enforcement where needed to properly
preserve evidence using photographs and other methods of preservation as directed by law
enforcement. The project will be made up of individual jobs authorized by task order consisting
of retrieval, removal, demolition and disposal of a vessel(s), floating structure(s) or marine
debris located on the land or in the waters of Monroe County, or adjacent thereto, as requested
by the COUNTY. The CONTRACTOR will be responsible for supervision of each job from
beginning to end including the scheduling, labor, monitoring, providing necessary equipment
and reporting progress to the County designee in the Marine resources Office.
When a derelict vessel, floating structure or marine debris is identified, the COUNTY will contact
CONTRACTOR(s) in the applicable geographic area and provide the details of the job; details
shall include, but not be limited to the location of the job, the nature of the debris, the size of the
vessel or floating structure, whether the vessel or floating structure is constructed of wood,
fiberglass, concrete, metal, and whether any hazardous materials are known to be aboard. The
CONTRACTOR wi I l then contact the COUNTY in writing with a price for the cost of the job, and
the time in which the CONTRACTOR is able to respond, a description of the job and the time
needed to complete the job. The COUNTY will promptly choose a CONTRACTOR and assign
the particular job. At no time will any CONTRACTOR be authorized to undertake a job without
the express authorization of the COUNTY, in the form of a Task Order. In the event of an
emergency job, such as a fuel leer or hazard to navigation, the CONTRACTOR will provide a
quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR the
same day as the pricing request in order to expedite the job.
The CONTRACTOR will provide all necessary and adequate equipment to complete the task
including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will
provide all materials needed to accomplish the assigned job, including necessary equipment for
proper handling of hazardous materials and will strictly adhere to all precautionary and safety
requirements. CONTRACTORS shall be responsible for the job site at all times during the work.
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CONTRACTORS are required to have active licenses required to fulfill the requirements of each
particular job and are required to attach copies of any and all licenses, including an occupational
license, as Exhibit "A" to this contract.
The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with
all federal, state, and local lags, ordinances, rules, and regulations that in any manner affect the
work and the marine environment. CONTRACTOR agrees to immediately abide by the orders to
stand down or stop work if advised to do so by any county, state or federal agency. if required to
stand down by any state or federal agency the CONTRACTOR shall notify the COUNTY as
soon as possible. It is the CONTRA TOR's responsibility to ensure the he removes the correct
vessel, floating structure, or marine debris.
Prior to any work on the vessel, floating structure or marine debris, the CONTRACTOR shall
take representatives photographs including the exterior (capturing any unique or identifying
features such as registration numbers or name) and interior (if applicable) at the initial site.
Representative photographs shall be taken during the removal and again at the dump site prior
to demolition. The CONTRACTOR shall not be required to take interior photos of the vessel if,
in the best judgment of its supervisor, it is not safe to do so. Photographs should be properly
dated, indicate the name of the person taking the photographs, and a complete set of the
photographs shall be provided to the COUNTY with invoicing. Photographs are considered to be
an integral part of the work.
CONTRACTOR shall remain responsible for supervision of all employees and shall ensure
compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or
during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws,
ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job
will constitute cause for immediate termination of the contract.
section 2. COUNTY'S RESPONSIBILITIES
COUNTY shall do the following:
.1 Provide all available data and location as to the OU TY'S requirements for Task order
to the CONTRACTOR. Designate in writing a person with authority to act on the
OUNTY'S behalf on all matters concerning the Task Order.
2.2 Furnish to the CONTRACTOR all existing information pertinent to the work. The
CONTRACTOR may rely upon such information and services provided by the COUNTY,
with the understanding that the information may be changed at the time the
CONTRACTOR arrives on the scene of the work.
2.3 Approve a schedule that is mutually agreeable to the COUNTY and CONTRACTOR.
Section 3. TERM OF CONTRACT
This Contract shall commence on Date 2013, and terminate on Date 2016, unless terminated
earlier under the terms of this Agreement. COUNTY and CONTRACTOR shall have the option
to renew this Agreement for one additional two year term under the same terms and conditions
as this contract, exercisable by mutual agreement upon written notice given at least Thirty (30)
days prior to the end of the initial terra.
The services to be rendered by the CONTRACTOR for each individual Task order shall be
commenced upon written notice from the COUNTY and the work shall be completed in
BEE
accordance with the schedule mutually agreed to by the COUNTY and CONTRACTOR, unless
it shall be modified in a signed document, by the mutual consent of the COUNTY and
CONTRACTOR. Subsequent services shall be performed in accordance with schedules of
performance which shall be mutually agreed to by COUNTY and CONTRACTOR. At no time
shall the CONTRACTOR commence work without written authority from the COUNTY.
Section 4, COMPENSATION
The compensation available to the CONTRACTOR under this agreement is to be determined by
the COUNTY on the basis of price quotations received from approved CONTRACTORS, and
the necessities of the individual job.
The CONTRACTOR is responsible for evaluating the request for removal and responding in
writing with a quotation for the job, a description of the job, the time the CONTRACTOR can
begin the job and the time necessary to complete the job.
It will be the CONTRACTOR'S responsibility to pay any disposal fees at the transfer station or
other licensed disposal facility or recycling center. CONTRACTOR shall include, in any
quotation, the cost of disposal. CONTRACTOR shall be required to provide a disposal receipt
along with any invoice for the work.
The billing rates of the CONTRACTOR for a particular job shall be determined and agreed to by
the CONTRACTOR and the COUNTY in a written Task order prior to the authorization to
commence the work.
CONTRACTOR agrees that it will not be entitled to damages for delay of the completion of the
job from whatever cause. COUNTY may grant additional time to conclude a task, if required.
Section 5. PAYMENT To CONTRACTOR
5.1 Payment will be made according to the Local Government Prompt Payment Act. Any
request for payment must be in a form satisfactory to the county clerk (Clerk). The
request must describe in detail the services performed, the payment amount requested,
and supporting documentation, including copies of receipts from the transfer station.
5.2 Monroe County's performance and obligation to pay under this contract is contingent
upon an annual appropriation by the Board of county commissioners.
Section 6, CONTRACT TERMINATION
Either party may terminate this contract because of the failure of the other party to perform its
obligations under the contract. COUNTY may terminate this contract for any reason upon
fifteen (15) days notice to the CONTRACTOR.
Section 7* AUTW O RI ATIO N OF WORK ASSIGNMENTS, U BCON TRACTO R
7.1 All assignments of work shall be authorized in a signed Task Order in accordance with
the COUNTY'S policy prior to any work being conducted by the CONTRACTOR.
7.2 Additional authorizations may contain additional instructions or provisions specific to the
authorized work for the purpose of clarifying certain aspects of the work to be
undertaken. such supplemental instruction or provisions shall not be construed as a
modification of this Agreement. Authorizations shall be dated, numbered and clearly
relate to the specific job assignment so that they can easily be related to the specific
assignment. Where available, the authorization shall refer to the name of the vessel, and
its location.
7.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in
(including: but not without limitations, moneys that may become due or moneys that are
due) this agreement without the written consent of the county: except to the extent that
any assignment: subletting, or transfer is mandated by law or the effect of this limitation
may be restricted by law. Unless specifically stated to the contrary in any written
consent to any assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this agreement. CONTRACTOR may subcontract a
particular Task order or portion of a Task order only with the specific written consent of
the COUNTY'S representative. If subcontractors are approved it is the responsibility of
CONTRACTOR to inform the subcontractors that they must carry the same amount of
insurance as the CONTRACTOR. The CONTRACTOR shall provide the COUNTY with
proof of coverage before allowing a subcontractor to do any work on the job.
Section 8. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed document and
shall be delivered or mailed to the addresses as follows:
To the COUNTY: Monroe county Board of County commissioners
c/o Monroe county Growth Management Division
798 overseas Highway, suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONTRACTOR: Name, President
Company Name
Mailing address
However, if COUNTY requests a price quotations from CONTRACTOR the request and
response may be done by e-mail (fax is not preferable and the CONTRACTOR shall notify the
COUNTY if a response is being provided by fax). selection of CONTRACTOR by COUNTY and
the terms of the individual job may be done by e-mail notification with a Task order authorizing
the work and signed by the COUNTY prior to the commencement of the work.
Any Notice of Termination may be done by e-mail but shall be immediately formalized in writing
by the patty seeking Termination and sent to the other party by certified mail.
Section 9. RECORDS
_16_
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting principles
consistently applied. Each party to this Agreement or their authorized representatives shall
have reasonable and timely access to such records of each other party to this Agreement for
public records purposes during the term of the agreement and for four years following the
termination of this Agreement. If an auditor employed by the COUNTY or clerk determines that
moneys paid to CONTRACTOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the moneys together with interest
calculated pursuant to sec. 55.0, Fs, running from the date the moneys were paid to
CONTRACTOR.
Section 10. EMPLOYEES SUBJECT To COUNTY ORDINANCE Nos. 010 AND 0 0-'1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on its
behalf any former COUNTY officer or employee subject to the prohibition of section 2 of
Ordinance No. 010-1990 or any COUNTY officer or employee in violation of section 3 of
Ordinance No. 0 0-1990. For breach or violation of this provision the COUNTY may, in its
discretion, terminate this agreement without liability and may also, In its discretion, deduct from
the agreement or purchase price, or otherwise recover the full amount of any fee, commission,
percentage, gift, or consideration paid to the former COUNTY officer or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list fo I lowi ng a conviction for
public entity crime may not submit a bid on a contract with a public entity for the construction or
repair of a public building or public work, may not perform work as a CONTRACTOR, supplier,
subcontractor, or CONTRACTOR under contract with any public entity, and may net transact
business with any public entity in excess of the threshold amount provided in section 287.017 of
the Florida statutes, for category two for a period of 36 months from the date of being placed
on the convicted vendor list.
Section 12. GOVERNING LAVA, VENUE,, INTERPRETATION, COSTS AND FEES
This Agreement shall be governed by and construed in accordance with the lavers of the Mate of
Florida applicable to contracts made and to be performed entirely in the Mate.
In the event that any cause of action or administrative proceeding is instituted for the
enforcement or interpretation of this Agreement, the COUNTY and CONTRACTOR agree that
venue shall lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida. Both parties waive their rights to a trial by jury.
Section 13. sEVE RABI LI TY
If any term, covenant, condition or provision of this Agreement (or the application thereof to any
circumstance or person) shall be declared invalid or unenforceable to any extent by a court of
competent jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected thereby; and each remaining terra, covenant, condition and
provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted
by law unless the enforcement of the remaining terms, covenants, conditions and provisions of
this Agreement would prevent the accomplishment of the original intent of this Agreement. The
COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision
with a valid provision that comes as close as possible to the intent of the stricken provision.
Section 14. ATTORN EY's FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or administrative
proceeding is initiated or defended by any party relative to the enforcement or interpretation of
this Agreement, the prevailing party shall be entitled to reasonable attorney's fees, and court
costs, as an award against the non -prevailing party, and shall include attorney's fees, and court
costs, in appellate proceedings. Mediation proceedings initiated and conducted pursuant to this
Agreement shall be in accordance with the Florida Rules of Civil Procedure and usual and
customary procedures required by the circuit court of Monroe county.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure to the
benefit of the COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Section 16. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and performance of
this Agreement have been duly authorized by all necessary County and corporate action, as
required by law.
Section 17. ADJUDICATION of DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to
be resolved by meet and confer sessions between representatives of each of the parties. If no
resolution can be agreed upon within 30 days after the first meet and confer session, the issue
or issues shall be discussed at a public meeting of the Board of County Commissioners. If the
issue or issues are still not resolved to the satisfaction of the parties, then any party shall have
the right to seek such relief or remedy as may be provided by this Agreement or by Florida lave.
The parties agree that this Agreement is not subject to arbitration.
Section 18, COOPERATION
In the event any administrative or legal proceeding is instituted against either party relating to
the formation, execution, performance, or breach of this Agreement, COUNTY and
CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the substance of this
Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR
specifically agree that no party to this Agreement shall be required to enter into any arbitration
proceedings related to this Agreement.
Section 19, NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any person,
and it is expressly understood that upon a determination by a court of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without any further action
on the part of any party, effective the date of the court order. COUNTY or CONTRACTOR
agree to comply with all Federal and Florida statutes, and all local ordinances, as applicable,
relating to nondiscrimination. These include but are not limited to: Title Vi l of the Civil Rights
Act of 1964 (PL 88- ) which prohibits discrimination on the basis of race, color or national
origin; Title IX of the Education Amendment of 1972, as amended (20 USC ss. 1 81-168 , and
168-1686), which prohibits discrimination on the basis of sex; section 504 of the Rehabilitation
Act of 1973, as amended (20 Usc s. 794), which prohibits discrimination on the basis of
handicaps, The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 107) which
prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 197
(PL 9-5), as amended, relating to nondiscrimination on the basis of drug abuse; The
Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of
1970 (PL 91- 16), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism; The Public Health Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and
90ee-3 ), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title
Vi l l of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act
of 1990 (42 USC s. 1201 Note), as may be amended from time to time, relating to
nondiscrimination on the basis of disability; Any other nondiscrimination provisions in any
Federal or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
Section 20. COVENANT of No INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and shall not
acquire any interest, which would conflict in any manner or degree with its performance under
this Agreement, and that the only interest of each is to perform and receive benefits as recited in
this Agreement.
Section 21. CODE of ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be req ui red to
comply with the standards of conduct for public officers and employees as delineated in Section
11.1, Floridan statutes, regarding, but not limited to, solicitation or acceptance of gifts; doing
business with one's agency; unauthorized compensation; misuse of public position, conflicting
employment or contractual relationship; and disclosure or use of certain information.
Section 22. No SOLICITATIONIPAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither employed nor
retained any company or person, other than a bona fide employee working solely for it, to solicit
or secure this Agreement and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a bona fide employee working solely for it, any fee,
commission, percentage, gift, or other consideration contingent upon or resulting from the award
or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR
agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at
its discretion: to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS
The COUNTY and CONTRACTOR TOR shall allow and permit reasonable access to, and inspection
of, all documents, papers, letters or other materials in its possession or under its control subject
to the provisions of chapter 119, Florida Statutes, and made or received by the COUNTY and
CONTRACTOR in conjunction with this Agreement; and the COUNTY shall have the right to
unilaterally cancel this Agreement upon violation of this provision by CONTRACTOR.
Section 24. NOWWAIVER of IMMUNITY
Notwithstanding the previsions of Sec. 768. 8, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government liability insurance
pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor
shall any contract entered into by the COUNTY be required to contain any provision for waiver.
Section 25. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules
and pensions and relief, disability, workers' compensation: and other benefits which apply to the
activity of officers, agents, or employees of any public agents or employees of the COUNTY,
when performing their respective functions under this Agreement within the territorial limits of
the COUNTY shall apply to the same degree and extent to the performance of such functions
and duties of such officers, agents, volunteers, or employees outside the territorial limits of the
COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any participating entity
from any obligation or responsibility imposed upon the entity by law except to the extent of
actual and timely performance thereof by any participating entity, in which case the performance
may be offered in satisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shall it be construed as, authorizing the delegation of the constitutional or
statutory duties of the COUNTY, except to the extent permitted by the Florida constitution, state
statute, and case law.
Section 27. NON -RELIANCE BY NON=PAIRTIEs
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither
the COUNTY nor the CONTRACTOR or any agent, officer, or employee of either shall have the
authority to inform, counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entities, have entitlements or benefits under this Agreement separate and
apart, inferior to, or superior to the community in general or for the purposes contemplated in
this Agreement.
Section 28. ATTESTATIONS
T
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably require, to
include a Public Entity Crime statement, an Ethics statement, and a Drug -Free Workplace
Statement attached to this Contract as COMPOSITE EXHIBIT B.
Section 29. NO PERSONAL LIABILITY
No covenant or agreement contained herein shell be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacitor, and
no member, officer, agent or employee of Monroe Counter shell be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same instrument
and any of the parties hereto may execute this Agreement by signing any such counterpart.
Section 31, SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of reference
only, and it is agreed that such section headings are not a part of this Agreement and will not be
used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
Coverage shall be maintained throughout the entire term of the contract, failure to maintain
coverage shall be considered a gelid reason for County to terminate this Agreement.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self -insurer, the COUNTY shall recognize and honor the CONTRACTOR'S status.
The CONTRACTOR may be required to submit a Letter of Authorization issued by the
Department of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S
Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial
statements from the fund upon request from the County.
.1 General Insurance Requirements for other CONTRACTORS and Subcontractors
As a pre -requisite of thb work governed, or the goods supplied under this contract (including the
pre -staging of personnel and material), the CONTRACTOR shall obtain, at his/her own
expense, insurance as specified in the attached schedules, which are made part of this contract.
The CONTRACTOR shall require all subcontractors to obtain insurance consistent with the
attached schedules.
21
The CONTRACTOR will not be permitted to commence work governed by this contract
(including pre -staging of personnel and material) until satisfactory evidence of the required
insurance has been furnished to the COUNTY as specified below, and where applicable
CONTRACTOR shall provide proof of insurance for all approved subcontractors. Delays in the
commencement of work, resulting from the failure of the CONTRACTOR to provide satisfactory
evidence of the required insurance, shall not extend deadlines specified in this contract and any
penalties and failure to perform assessments shall be imposed as if the work commenced on
the specified date and time, except for the CONTRACTOR'S failure to provide satisfactory
evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of this
contract and any extensions specified in the attached schedules. Failure to comply with this
provision may result in the immediate suspension of all work until the required insurance has
been reinstated or replaced. Delays in the completion of work resulting from the failure of the
CONTRACTOR to maintain the required insurance shall not extend deadlines specified in this
contract and any penalties and failure to perform assessments shall be imposed as if the work
had not been suspended, except for the CONTRACTOR'S failure to maintain the required
insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the required
insurance, either:
0 Certificate of Insurance
or
0 A Certified copy of the actual insurance policy.
The county, at its sole option, has the right to request a certified copy of any or all 'insurance
policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non -renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior notification
is given to the County by the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be construed as
relieving the CONTRACTOR from any liability or obligation assumed under this contract or
imposed by lair.
The Monroe County Board of county commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
32.2 GENERAL LIABILITY INSURANCE E REQUIREMENTS FOR CONTRACT BETWEEN
COUNTY AND CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall obtain
General Liability Insurance. coverage shall be maintained throughout the life of the contract
and include, as a minimum;
0 Premises Operations
0 Bodily Injury Liability
0 Expanded Definition of Property Damage
WOR
The minimum limits acceptable shall be:
00, 00O om tined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
An Occurrence Form policy is preferred.. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the period for which claims may be reported should extend for a minimum of helve
(112) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
a I l policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENT
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability Insurance.
Coverage shall be maintained throughout the life of the contract and include, as a minimum,
liability coverage for:
0 Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per Person
$300,000 per Occurrence
$200,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
2.4 WORKER ' o PENSATIoN INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall obtain
Workers' Compensation Insurance with limits sufficient to respond to the applicable state
statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of not less
than:
$100, 000 Bod i ly I n j u ry by Accide nt
-23-
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Employer's Liability- Statutory limits
Coverage shall be maintained throughout the entire terra of the contract.
Coverage shall be provided by a company or companies authorized to transact business in the
state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self -insurer: the COUNTY shall recognize and honor the CONTRACTOR'S status.
The CONTRACTOR may be required to submit a Latter of Authorization issued by the
Department of Labor and a certificate of Insurance, providing details on the CONTRACTOR'S
Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund: a Certificate of Insurance will be
required. In addition, the CONTRACTOR may be required to submit updated financial
statements from the fend upon request from the county.
.5 ADDITIONAL INSURANCE
A) Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Jones Act and/or Longshoremen and Harbor Workers compensation Insurance with
limits sufficient to respond to the applicable state and/or Federal statutes.
B) Pollution Liability coverage with minimum limits of 110007000.
Section 33. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of county Commissioners, appointed Boards and commissions,
Officers, and the Employees, and any other agents, individually and collectively, from all fines,
suits, claims: demands, actions, costs: obligations, attorneys fees, or liability of any kind arising
out of the sole negligent actions of the CONTRACTOR or substantial and unnecessary delay
caused by the willful nonperformance of the CONTRACTOR and shall be solely responsible and
answerable for any and all accidents or injuries to persons or property arising out of its
performance of this contract, including those of any subcontractors. The amount and type of
insurance coverage requirements set forth hereunder shall in no gray be construed as limiting
the scope of indemnity set forth in this paragraph. Further the CONTRACTOR agrees to defend
and pay all legal costs attendant to acts attributable to the sole negligent act of the
CONTRACTOR, or his subcontractor.
At all times and for all purposes hereunder, the CONTRACTOR is an independent contractor
and not an employee of the Board of county Commissioners. No statement contained in this
agreement shall be construed so as to find the CONTRACTOR or any of his/her employees:
subcontractors: servants or agents to be employees of the Board of county Commissioners for
Monroe county. As an independent CONTRACTOR the CONTRACTOR shall provide
independent, professional judgment and comply with all federal} state, and local statutes,
ordinances: rules and regulations applicable to the services to be provided.
- 4
The CONTRACTOR shall be responsible for the completeness and accuracy of its work} plan,
supporting data, and other documents prepared or compiled under its obligation for this project,
and shall correct at its expense all significant errors or omissions therein which may be
disclosed. The cost of the work necessary to correct those errors attributable to the
CONTRACTOR and any damage incurred by the COUNTY as a result of additional costs
caused by such errors shall be chargeable to the CONTRACTOR. This provision shall not apply
to any maps, official records, contracts, or other data that may be provided by the COUNTY or
other public or semi-public agencies.
The CONTRACTOR agrees that no charges or claims for damages shall be made by it for any
delays or hindrances attributable to the COUNTY during the progress of any portion of the
services specified in this contract, such delays or hindrances} if any, shall be compensated for
by the COUNTY by an extension of time for a reasonable period for the CONTRACTOR to
complete the work schedule such an agreement shall be }Wade between the parties.
In Witness Whereof, the parties have executed this contract as indicated below.
(SEAL) BOARD OF COUNTY COMMISSIONERS
DANNY L.KOHL.AGE, CLERK MONROE COUNTY
Deputy Clerk
Secretary
Print Name
r Two Witnesses
Print Name
Print Warne
Name of Mayor, Mayor
Name of Contractor
Print Tifle and Name6.
Date:
EXHIBIT A
Copies of Licenses:
Occupational License
Other Licenses
2.6_
COMPOSITE EXHIBIT B
Required Forms:
Lobbying and Conflict of Interest Clause
Non -Collusion Affidavit
Drug Free Workplace Form
Public Entity Crime Statement
Insurance Documentation
-27-
SECTION THREE: COUNTY FORMS
(FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION l .l3)
-2$-
RESPONSE FORM
RESPOND TO: MONROE COUNTY PURCHASING OEEICE
HISTORIC GATO CIGAR FACTOR
ROOM 1- 1
1100 SIMONTON STREET
KEY WEST,, FLORIDA 3 3040
I acknowledge receipt of Addenda No.(s)
I have included:
* Lobbying and Conflict of Interest Clause
* Non -Collusion Affidavit
Drug Free Workplace Form
Public Entity Grime Statement
• Insurance and Indemnification Statement
(Check mark items above as reminder that they are cluded
In addition, I have included a current copy of the following professional and occupational
licenses:
Mailing Address F
Signed*
(Name)
(Title)
Telephone:
Fax:
Date:
Witness:
{seal}
IRZ
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE No. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrents that he/it has not employed, retained or otherwise had act on his/her behalf any
former county officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of section 3 of ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration
paid to the former county officer or employee."
COUNTY OF:
Subscribed and sworn to {or affirmed} before me on
(date) by
personally known to me or has produced
identification.
(Signature)
Date:
(name of avant). He/She is
(type of identification) as
NOTARY PUBLIC
My Commission Expires:
-30-
NON -COLLUSION AFFIDAVIT
I, of the city of
my oath, and under penalty of perdu ry, depose and say that
according to lave on
a. I am of the firm of
the bidder making the
Proposal for the project described in the Request for Proposals for
and that I executed the said
proposal Frith fu I l authority to do so;
b. the prices in this hid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or Frith
any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bid
have net been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prier to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
d. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition;
e. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe county relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
(signature)
Date:
STATE OF:
Subscribed and sworn to (or affirmed) before me on
to me or has produced
identification) as identification.
(date) by
(name of affiant). He/She is personally known
NOTARY PUBLIC
My Commission Expires:
(type of
- 1-
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida statute 287.087 hereby certifies that:
(blame of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
. Inform employees about the dangers of drug abuse in the workplace, the business'
policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation,
and employee assistance programs, and the penalties that may be imposed upon
employees for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that, as a condition of
working on the commodities or contractual services that are under bid, the employee will
abide by the terms of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenderre to, any violation of Chapter 89 (Florida statutes) or of
any controlled substanoe law of the United states or any state, for a violation occurring
in the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community , or any
employee who is so convicted.
. Make a good faith effort to continue to maintain a drug -free workplace through
implementation of this section.
As the person authorized to sign the statement, I certify that this firm complies fully with the
above requirements.
(signature)
Date:
STATE OF:
COUNT OF:
Subscribed and swam to (or affirmed) before me on
me or has produced
identification.
(name of affiani).
(date) by
He/She is personally known to
(type of identification) as
NOTARY PUBLIC
My commission Expires:
- 12 -
PUBLIC ENTITY CRIME STATEMENT
uA person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may net submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public
entity, may not be awarded or perform work as a CONTRACTOR: supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months fro the date of being placed on the convicted vendor list."
l have read the above and state that neither (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
STATE OF:
COUNTY OF:
Subscribed and sworn to (or armed) before me on
(date) by
known to rye or has produced
as identification.
(Signature)
Date;
(name of affiant). He/She is personally
(type of identification)
NOTARY PUBLIC
Icy Commission Expires:
- 33 -
Respondent's Insurance and Indemnification statement
Insurance requirement
Yorker's Compensation
required Limits
100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
100,000 Bodily Injury by Disease, each employee
Employer's Liability- Statutory limits
General Liability 3 oo,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$ 00,000 per person
300,000 per occurrence
00,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$ 00, o0o per person
3 00,000 per occurrence
00,000 property damage
Pollution Liability Insurance
Jones Act
$I billion per Occurrence
Recognizing that the work governed by this contract involves Maritime Operations, the
Contractor's workers' Compensation Insurance Policy shall include coverage for claims subject
to the: Federal Jones Act (46 U. . .A. subsection $) with limits not less than 1 Million.
The Contractor shall be pitted to provide Jones Act Coverage through a separate Protection
and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have
been provided by a workers' Compensation policy.
A d ditien al Information
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
INDEMNIFICATION AND HOLD HARMLESS FOR CONSULTANTS AND SUB ONSULTANT
Notwithstanding any minimum insurance requirements prescribed elsewhere in this agreement, the
Respondent covenants and agrees that he shall defend, indemnify and hold the COUNTY and the
OUNT 's elected and appointed officers and employees harmless from and against (i) any claims,
actions or causes of action, (i i) any litigation: administrative proceedings, appellate proceedings, or other
proceedings relating to any type of injury (including death), loss, damage, fine, penalty or business
interruption, and (i i i) any costs or expenses that may he asserted against, initiated with respect to, or
ISEZ
sustained by, any indemnified party by reason of, or in connection with, (A) any activity of Respondent or
any of its employees, agents, contractors in any tier or other invitees during the term of this Agreement,
(E) the negligence or willful misconduct of Respondent or any of its employees, agents, respondents in
any tier or other invitees, or (C) Respondent's default in respect of any of the obligations that it
undertakes under the terms of this Agreement, except to the extent the claims, actions: causes of action,
litigation, proceedings, costs or expenses arise from the intentional or sole negligent acts or negligent
acts in part or omissions of the COUNTY or any of its employees, agents, contractors or invitees (other
than RESPONDENT). Insofar as the claims, actions, causes of action, litigation, proceedings, costs or
expenses relate to events or circumstances that occur during the term of this Agreement, this section will
survive the expiration of the term of this Agreement or any earlier termination of this Agreement.
In the event the completion of the project (including the work of others) is delayed or suspended as a
result of the Respondent's failure to purchase or maintain the required insurance, the Respondent shall
indemnify the County from any and all increased expenses resulting from such delay.
In the event the work under this Agreement is delayed or suspended as a result of the Contractor's failure
to purchase or maintain the required insurance, the Contractor shall indemnify the County from any and
all increased expenses resulting from such delay.
The first ten dollars ($10.00) of remuneration paid to the Respondent is for the indemnification provided
for above.
The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewhere within this agreement.
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in fu I I with all
the requirements.
Respondent
STATE OF:
COUNTY OF:
Signature
Subscribed and sworn to (or affirmed) before me on
to me or has produced
identification) as identification.
D ate
(date) by
(name of affiani). He/She is personally known
NOTARY PUBLIC
My commission Expires:
{type of
SECTION FOUR: INSURANCE REQUIREMENTS
Insurance Requirement
Worker's Compensation
Reguuired Limits
100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Employer's Liability- Statutory limits
General Liability $300,,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$ 00, 000 per person
$300,000 per occurrence
00,000 property damage
Vehicle Liability $300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$ 00,000 per person
$ 3 00,000 per occurrence
00,000 property damage
Pollution Liability Insurance $1 Million per occurrence
Jones Pict Coverage
Recognizing that the work governed by this contract involves Maritime operations, the
Contractor's Workers' Compensation Insurance Policy shall include coverage for claims subject
to the Federal Jones Act (46 U. . .A. subsection 688) with limits not less than $1 Million.
The Contractor shall he permitted to provide Jones Act Coverage through a separate Protection
and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have
been provided by a Workers' Compensation policy*
Additional Information
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies (except Workers Compensation) issued to satisfy the above requirements.
-36-
RESOLUTION NO, 242 .2009
RESOLUTION OF THE MONROE COUNTY BOARD of COUNTY
Col DUS IoNER ADDRESSING PROCEDURAL ISSUES
PERTAINING To THE "CONTRACT FOR REMOVAL, REFLOATING
ANTI/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS AND
XkRINE DEBRIS"* PROVIDING LARIFI ATION REGARDING THE
INTENT of THE CONTRACT; PROVIDING LARIFI AT ON
REGARDING QUOTE SOLICITATION AND JOB AWARD
PROCEDURES; AND WAIVING PURCHASING POLICY BY
PROVIDING AUIII`TIONAL PURCHASING LEVELS AND SIGNATURE
AUTHORITIES To EXPEDITE THE DERELICT VESSEL AND MARINE
DEBRIS REMOVAL PROCESS,
WHEREAS, the County Boating Improvement Fund is the funding source for removal
of derelict vessels, with typically 100,000 to $150,000 used each year for such functions; and
WHEREAS, in October 2007 the Clerk of the Court recommended to Growth
Management staff that contracts be established with multiple contractors rn each sub -area of the
Florida Keys for derelict Gressel and marine debris removal work, which would allow staff to
solicit quotes and award individual removal jobs to contractors, thin streamlining the removal
process by making it unnecessary to obtain Board approval for 'Individual removal jobs which
exceed $25,000 or expenditures to individual contractors which cumulatively exceed $25,000 in
a single fiscal year; and
WHEREAS, following the recommendation of the Clerk of the Court, the County
Attorneys Office in coordination with the Marine Resources Office drafted contracts detailing
procedures � .
p es for staff to solicit quotes and award individual derelict vessel and rnadne debris
removal ,jobs by Task Order; and
HEREA , subsequently the Marine Resources Office made a Request for proposals to
marine contractors for the purpose of qualifying vendors and awarding the contracts; and
WHEREAS, thirteen (13) proposals were received from vendors both within and outside
Monroe County including Coffin Marine Services, Inc., Coral Marine Construction, ASAP Inc.,
Adventure Environmental, Inc., Bluewater Marine Services, Inca Lower Keys Marine Towing
and Salvage, Inc., Tipper Keys Marine Construction, Inc., DRC Emergency Services, LLC, Spirit
Marine, Arnold's
olds Auto Marine Repair, Inc., T I Disaster Recovery Services, Aqua -Terra, Inc.,
and Gunderboom, Inc.; and
WHEREAS, a selection committee comprised of three staff members of growth
Management reviewed and ranked the proposals, resulting in the selection of five (5) vendors
including Coffin Marine Services Inc., Coral Marine Construction, ASAP Inc., Adventure
Environmental Inc,, and Bluewater Marine Services Inc., which were recommended to the Board
for approval of contracts at the March 2008 BO C meeting; and
WHEREAS, at its March 200meeting the Board of County Conunissioncrs directed
staff to award contracts to all thirteen (13) vendors that provided proposals; and
WHEREAS, twelve (12) contracts were subsequently executcd., as one of the vendors,
TSI Disaster Recovery Services, did not submit a signed contract to staff; and
VIEREAS, since the execution of the twelve (12) contracts Marine Resources staff has
been diligently processing derelict vessel and marine debris removal jobs in accordance with the
guidelines of the contracts approved by the BOCC by soliciting written quotes and awarding
individual removal jobs by Task Order authorized by the urine Resources Senior
Admmo ostrator, including it divi€lual .fobs exceeding $ 5,000 and multiple jobs which
cumulatively exceed $ 5,000 to an individual vendor in a single fiscal, year; and
WHEREAS, a recent internal audit conducted by the Internal Audit Department of the
Clerk of the Court determined that Marine Resources staff' is not adhering to PurchasingFolic
b 1 not receiving y
y g appropriate purchasing approvals, ) not soliciting quotes in conjunction with
the Purchasing Department, and 3) not providing a competitive bid process for jobs over $25 00o
or receiving
e ving Board approval; and
WHEREAS, clarification and further direction is necessary to ensure that the Hoard of
County Commissioners, the County Attorneys Office, Growth Management staff', and the Clerk
of the Court understand and are in agmernent on the intent of, and the procedures described in
the current contracts for vessel and marine debris removal;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY9 FLORIDA:
Section 1. The Intent of the twelve executed "CONTRACT FOR REMOVAL
REFLOAT1N AND/OR I EMOLITON AND DISPOSAL OF DERELICT VESSELS AND
MARINE DEBRIS" (Contrgcts) is to streamline the process for awarding individual 'ohs for
removal, thereby reducing the time required to remove such vessels and debris which may cause
environmental damage, impede navigation, cause propffty damage, and create life and safety
concern
Section 2. Consistent with the terms described in the existing Contracts, the Monroe
County Board of County Commissioners hereby authorizes Marine Resources staff to solicit
quotes and award individual jobs as follows,
1 ) Solicit written quotes from approved contractors in the applicable geographic area
with a deadline_ p
for response by a rnail. 'These responses shall not be disclosed to
other vendors or the public prior to the end of the deadline to receive written
responses.
2) Receive and review quotes, selecting the lowest bidder.
3) Award jobs by Task Order with invoices and Request to purchase to follow when job
is complete.
2
ecl on F The Monroe County Board of County onum'ssioners hereby waives
existing purchasing Policy by providing the following purchasing levels and authorizations for
work performed under the above referenced Contracts:
Dollar Amount Procedure
.01- 50,000 Multiple quotes to be
requested by the Marine
Resources office from
contracted providers as
described in Contracts.
50,000.01 and over Sealed bids to be solicited
by the Marine Resources
Office from the contracted
providers, and to be
delivered to and opened
by the Purchasing Dept.
_Purchasing .Authority
Marine Resources Senior
Administrator or Growth
Management Director
BOCC approval required
Section 4. In the event of an emergency of an environmental or life/safety nature the
Monroe County Board of County Commissioners hereby authorizes the County Administrator or
the Growth Management Division Director to authorize approval of Task Orders over $50,000
and up to 100,000 for work performed under the Contracts.
Section 5. The Monroe County Board of County Commissioners establishes the
following example of the typical derelict vessel removal procedure:
1- F wC (or other law enforcement agency) provides a ""Derelict or Abandoned vessel
Report" and associated vessel documentation to the urine Resources Office, legally
authorizing the removal of the vessel.
2- The Marine Resources Office writes a quote request with timelines for response and
job completion and a -mails the quote request, the derelict vessel report and associated
vessel documentation to approved contractors in the geographic area of the location
of the derelict vessel.
3- Approved contractors respond with quotes by e-mail to the Marine resources Office.
4- After the quote deadline, the Marine resources Office reviews the quotes and awards
the job by Task Order to the lowest bidder by e-mail.
5- Subsequent to the removal of the derelict vessel the awarded contractor provides are,
invoice, disposal receipts and photos to the Marine Resources Office by e-mail.
- The Marine Resources Office submits a request for Payment along with the Invoice
and associated documentation to the Purchasing Department for payment.
Remainder of Page Intentionally Left Blank
PASSED AND ADOPTED by the Board of County Commisseoners of Monroe County,
Florida at a regular meeting held an the 19th day of August, 2009.
Mayor George Neugent
Yes
Mayor Pro Tem Sylvia J. Murphy
Yes
Commissioner Kim WigLngton
Yes
Commissioner Heather Caruthers
fee
Commissioner Mario Di Gennaro
Yes
BOARD OF COUNTY COMMISSIONERS
OF MO E COUNTY LORIDA
BY:
Mayor George Neugent
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
Deputy CIerk
El
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N.A. WINt
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IN AUDIT REPORT OF MONROE COUNTY
MARINE RESOURCES BIDDING PROCESS
IN FOR DERELICT VESSEL REMOVAL
0
10 February 24, 2009
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COU N11
Prepared bv:
Internal Audit Department
Clerk of the C.Lrcuit Court
I annv L. Kolhage, Clerk
Monroe County, Florida
4
Auditor's Comment;
1. Upon examination of the record of the B 's action to approve the derelict vessel
contracts and the contracts themselves} Internal Audit is unable to confirm that it was the
I ns intent too bypass the Monroe County purchasing Policies and Procedures.
The Marine Resources Depannent should seek clarification from the BO C as to what
procedure should be used to assign specific work to the approved contractors. If those
procedures are different than the Monroe County purchasing policies and procedures they
should be documented and approved by the BOCC.
4
0