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11th Amendment 04/16/2014 IfclIgrrawtCam. 44 r , 7r Y.yf G f '''',„/A P".01t,,',7\ ° CLERK OF CIRCUIT COURT & COMPTROLLER 2�0 $ ' de ,, MONROE COUNTY, FLORIDA eb wit. 1 DATE: May 21, 2014 TO: Christine Hurley, Director of Growth Management ATTN: Mayra Tezanos Executive Assistant FROM: Vitia Fernandez, D.C. At the April 16, 2014, Board o ounty Commissioner's meeting the Board granted approval and authorized execution of Item H1 Amendment No. 11 to the 2006 Agreement with DRC Emergency Services, LLC (DRC) providing for public records retention and access requirements. Pursuant to F.S. §119.0701. Enclosed is a duplicate original of the above-mentioned for your handling. Should you have any questions,please feel free to contact our office. cc: County Attorney Finance File 500 Whitehead Street Suite 101,PO Box 1980,Key West,FL 33040 Phone:305-295-3130 Fax:305-295-3663 3117 Overseas Highway,Marathon,FL 33050 Phone:305-289-6027 Fax:305-289-6025 88820 Overseas Highway,Plantation Key,FL 33070 Phone:852-7145 Fax:305-852-7146 A , • AMENDMENT NO.11 TO AGREEMENT BETWEEN DRC EMERGENCY SERVICES, LLC AND MONROE COUNTY, FLORIDA THIS AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this 16th day of April, 2014 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 (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, again on September 20, 2010, and again on September 20, 2011, and was extended again commencing on September 20, 2012 through April 19, 2013, and was extended again commencing on April 20, 2013 through February 28, 2014; and was extended again commencing on March 1, 2014 through February 28, 2015; 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, Florida Statute §119.0701 provides for records retention requirements for consultants and their subcontractors; 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: Article 36 shall be added as follows: ARTICLE 36—RECORDS Pursuant to Florida Statute §119.0701, Consultant and its subcontractors shall comply with all public records laws of the State of Florida, including but not limited to: a. Keep and maintain public records that ordinarily and necessarily would be required by Monroe County in the performance of this Agreement. b. Provide the public with access to public records on the same terms and conditions that Monroe County would provide the records and at a cost that does not exceed the cost provided in Florida Statutes, Chapter 119 or as otherwise provided by law. c. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. DRC Amendment 3-25-2014 1 i4 d. Meet all requirements for retaining public records and transfer, at no cost, to Monroe County all public records in possession of the Consultant upon termination of this Agreement and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to Monroe County in a format that is compatible with the information technology systems of Monroe County. e. County may cancel this Contract immediately if there is a violation of this Section. IN WITNESS WHEREOF,the parties have set their hands and seal on the day and year first above written. 1.- `"7 t Y HEAVILIN, CLERK BOARD OF• COUNTY COMMISSIONERS OFMO i�iE , FO A 46IAYAIAALALJ . e uty Clerk ayor Sylvia Murphy a C��Nry entN r WITNESSES: _ DRC E E GENCY SE VICES, LLC ,�,,` , ,�- 9 l C By: ,G L' Print Name: Lt'& ( t 1, Print Name: r , Ftte %e6 2.CS& Title: �•� 5 .`r QN Print Name:\1O1 t fifU i II l Lthrl • (= f) CC NS C .. OC cap MONROE COUNTY ATTORNEY N .C.:.. w OVEDAS FORM J W = x Date: I14_ o LT.', N E DRC Amendment 3-25-2014 2 Aco d' CERTIFICATE OF LIABILITY INSURANCE DATE (ISN TUYYTY) `+0". 02/11/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF.INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND.EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(8),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the polley(les)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER CONTACT MCGRIFF,SEEMS 8 WILLIAMS OFTEXAS,INC. 5080 Spectrum Dr.,Suite 900E WC. Fes;(489)232-2100 Ner. Addison,TX 78001 E 1MAL INSURFA(B)AFFORDDIG COVERAGE NAME INSURER A:SUIT Surplus Lines Insurance Company 13804 INSURER B:Starr Indemnity&Liability Compsrry 38318 DRCMin Emergency -DRC E Services,LLC 740 Museum Drive INSURER c:Federal Insurance Company 20281 Mobile,AL 38808.1940 INSURER D: INSURER E — INSURER P: COVERAGES CERTIFICATE NUMBER:FT04S4EY REVISION NUMBER: THIS IS TO CERTIFY THATTHE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALLTHETERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.UMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. WSR --...:— —.__ —•"- ADDL'IiURI--- _- - POK� LTR TYPE OF ONSURANCa :NaR WVO POLICY NUMBER MOTS A GENERAL LIABILITY SLSLE1L72028414 1 1 0 101 EACH OCCURRENCE 3 1,000,000 X COMMERCIAL GENERAL LIABILITY PREM 9p n�n Ms oppD pq S 60,000 I CLAIMS-MADE El OCCUR MED EXP(Any one person) $ 6,000 X PERSONAL B AGM INJURY $ 1,000,000 GENERAL AGGREGATE s 2,000,000 O,E�NLAGGREG E LIMIT APPLIES PER:: PRODUCTS-COMP/OP AGO $ 2,000,000 i 1 PQuCY El j n LOC $ B AUSomoenELIAIUTY SISIPCA08285214 0121/2014 01ld1/2015 coMBINEOOGINGLEumirMe S 1,000,000 X ANY AUTO BODILY INJURY(Permian) $ —ALL OWNED SCHEDULED AUTOS Auras X eoDILY INJURY(Per accident) s x HIRED AUTOS X NONOWNED PROPERTY DAMAGE S Autos Sir oxIdenU $ A UMBRELLA UAB X OCCUR SLSLXNV7302t814 01/312014 01/31/2015 EACH OCCURRENCE $ 10,000,000 follow FormX EXCESS UM CLAIMS.MADE X AGGREGATE S 10,000,000 DED I I RETENTIONS $ C WORMERS COMPENSATION 004 4727472 01/312014 01/312016 X We ItATU- t7TH- AND EMPLOYERS'UABILfY Y I N Includes USHBL TORY uMRB ER ANY PROPRIETOR/PNRTNERIEXECUTIVE 0 EL EACH ACCIDENT $ 1,000,090 OFFICER/MEMBER EXCLUDED? Ni A y(Myeanfd,atery In NH) EL.DISEASE-EA EMPLOYEE $ 1,000,000 DESCRIP110 OF OPERATIONS Eebw ,000,000 A Contractors Pollution SLSLEIL72028414E.L.EDISEASE-POLICY LIMB S 01/312014 01131/2015 Each Occurrence 1 1,000,000 X Policy Aggregate f 1,000,000 Deductible Each Loss $ 20,000. S DESCRJmoN OF OPERATIONS/LOCATED/at/VEHICLES(Ames ACORD 101,Additional Rumaic Module.Ifmore epees IN required) Project Marine Debris Removal Monroe County Board of County Commissioners Is Included as Addlionel Insured(except on Workers Compensation)as required by written oontmct. L The above referenced policy(s)Include a waiver of subrogation In favor of Monroe County Board of County Commissioners. q:.R�u,i� lrJ GENIE... DATE KIT Slititz- LW 15 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF.NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners Attn: Rich Jones AUTHORIZED REPRESENTATIVE 2788 Overseas Hwy (/ f,1 Marathon,FL 33050 / Page 1 of 1 01988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD