Item F01M
C ounty of f Monroe
ELj » °o
�
BOARD OF COUNTY COMMISSIONERS
/� r i � ��
Mayor George Neugent, District 2
The Florida. Ke Se
y
I
Mayor Pro Tern David Rice, District 4
Danny L. Kolhage, District I
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
County Commission Meeting
November 14, 2017
Agenda Item Number: F.1
Agenda Item Summary #3169
BULK ITEM: Yes DEPARTMENT: Project Management/ Facilities
TIME APPROXIMATE: STAFF CONTACT: Alice Steryou (305) 292 -4549
None
AGENDA ITEM WORDING: Approval of Third amendment, Second renewal agreement with
CPI -U adjustment of 2.1% with EE & G Environmental Services, LLC. for professional beach
cleaning, maintenance and beautification at Higgs Beach, Key West including the children's fenced
in play area /beach side on weekends. TDC is the funding source.
ITEM BACKGROUND: This amendment renewal agreement adjusts the fee as called for in the
original contract for the CPI -U of +2.1%
PREVIOUS RELEVANT BOCC ACTION:
November 18, 2014 - BOCC approved award of bid and contract with EE & G Environmental
Services, LLC. The agreement provides for (3) three optional (1) one year renewals. January 20,
2016 - BOCC approved a CPI -U adjustment of .8 %. October 19, 2016 - BOCC approved a CPI -U
adjustment of .7% and the first optional (1) one year renewal.
CONTRACT /AGREEMENT CHANGES:
Monthly fees will increase by 2.1 %, the CPI -U at December 31, 2016. The contract amount is
adjusted 2.1% from $11,322.37/mo. to $11,560.14/mo., (including equipment costs and dumping
fees) and from $705.47 per hour emergencies to $720.28/hr. with an effective date of December 01,
2017. TDC is the funding source.
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
3rd Amendment 2nd Renewal Agreement EE &G Environmental Services, LLC
Certificate of Insurance EE&G Environmental Services, LLC
2nd Amend 1 st Renewal EE&G Environmental Services, LLC
1 st Amendment EE &G Environmental Services, LLC
Bid Award Agreement EE &G Environmental Services, LLC. Higgs Beach Cleaning
FINANCIAL IMPACT:
Effective Date: December 01, 2017
Expiration Date: November 30, 2018
Total Dollar Value of Contract: $138,721.68/yr. or $11,560.14 /month
Total Cost to County: $138,721.68/yr. or $11,560.14 /month
Current Year Portion: FY18 - $115,601.40
Budgeted: Yes
Source of Funds: TDC
CPI: Yes
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: No
Grant: No
County Match: N/A
Insurance Required: Yes
Additional Details:
If yes, amount:
TDC Funding
11/14/17 117 -77040 - TDC BRICKS & MORTAR 117 $138,721.68
REVIEWED BY:
Kevin Wilson
Completed
10/30/2017 2:07 PM
William DeSantis
Completed
10/30/2017 2:28 PM
Chris Ambrosio
Completed
10/30/2017 3:03 PM
Budget and Finance
Completed
10/30/2017 3:42 PM
Maria Slavik
Completed
10/30/2017 3:43 PM
Kathy Peters
Completed
10/30/2017 5:03 PM
Board of County Commissioners
Pending
11/14/2017 9:00 AM
THUM) AMENDMENT SECOND RENEWAL AGREEMENT
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION
HIGGS BEACH, KEY WEST, MO OE COUNTY, FLORIDA
WHEREAS, on November 18, 2014 the patties hereto entered into an agreement for
CONTRACT OR to provide professional beach cleaning, maintenance and beautification, including
the children's fenced in play area/beach side on weekends at Higgs Beach, Key West (hereinafter
"Original Agreement"); and
WHEREAS, on January 20, 2016 the BOCC approved the First Amendment Agreement;
2, In accordance with Paragraph 4 of the Original Agreement, the County exercises the
option to renew the agreement for the Second of (3) three optional (1) one year periods, This
renewal shall commence on December 1, 2017 and ends upon November 30, 2018, unless
terminated earlier Linder paragraph 18 of this agreement,
I
I Except as set forth in paragraph 1 and 2 of this Third Amendment Second
Renewal Agreement, in all other respects, the terms and conditions set forth in the Original
Agreement as amended shall remain in full force and effect,
TH I RD Al EN DMINT SECOND REN EWAL AG
PROFESSIONAL EACH CLEANING, MAINTENANCE AND BEAUTIFICATION
HIGGS BEACH, KEY WEST, MONROE COUNTY, FLORIDA
IN Wl'T'Nl-',SS WHEREOF, the parties hereto have set their hands and seals the day and year
first above written,
(SEAL)
Attest: KEVIN MADOK, CLERK
By:
Deputy Clerk
Date:
Witfws"';' for Co crOR:
for CO" TRA
1 411 tc-, 1, D ame a 1 1, D at e
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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ZACTOR:
E i ' \
� - N�MErN�T'Arl-�PICES, LLC
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STinature f per on aut urized to
le �y bilid Corp Lion
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P r in t - Ti
rhit Na e an
Address:�5
Printed Name "ind DaT
Telephone Number
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ONSURERA:Arch so Iaii ty Insurance 1111150
Mi A N
INSURAD EE &G CONSTRUCTION & ELECTRICAL joss aER a Arch In ura nce Cc D an
LL C josuaERc: Hanover Insurance Corn an 01306
5751 Miami Lakes Dr. East
Miami Lakes, Fl- 33014 INSURER 0:
INSURER E:
0 1988-2014 ACORD CORPORATION. All rights reserved -
ACORD 2 5 (2014101) The ACCRA name and logo are registered marks of ACORD I pnekof 9
SECOND AMENDMENT FIRST RENEWAL AGREEMENT
PROFESSIONAL BEACH CLEANING, MAINTENANCE AND BEAUTIFICATION
HIGGS BEACH, KEY WEST, MONROE COUNTY, FLORIDA
WHEREAS, the parties hereto did on November 18, 2014 enter into an agreement to
provide professional beach cleaning, maintenance and beautification, Higgs Beach, Key West,
including the children's fenced in play area/beach side on weekends (Saturdays and Sundays).
Monroe County, Florida, (hereinafter "Original Agreement"); and
3
fi
Datc
'X - ;')
Signature
Date if leia
BO A
� OF OUNTY COMMISSIONERS
' �F
OF MOT IDA
By: ----Mayor
Date:
IN WITNESS WHEREOF, the parties hereto have s e t t heir hands and seals the day and year
xv-*.Avritten.
VILIN, CLERK
i
FIRST AMENDMENT AGREEMENT
THIS FIRST AMENDMENT AGREEMENT is made and entered into this r �Iay of January,
!I l�illillill!l!ll 11111111 ,,1
01110=1 I M
WHEREAS, the parties find that it would be mutually beneficial to enter into this first amendment
agreement" n o w t herefore
REM1091111M
Sigr( )r pe rs on! a u1 )rued to legally' bind
Company
Up
Print Name
Address: — S VAL
Telephone: �31: CY
IN CONSIDERATION of the mutual promises and covenants contained herein, it is agreed as
!4
IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and �ear&q
BID A��,VZD :1(:RF_F :�1I?N "l' F`OR
PROFESSIONAL BEACH CLEANING, MAINTENANCE ;AND BEAUTIFICATION
HIGGS BFACII, KEN" WEST, MONROF; COUNTY, FLORIDA
This A-reement is made and entered into this dav cll
hetwecn MONIMI' ('OLIN 1 FLORIDA ( "('OI�NIl'� )- a political subdivision of the Statc of
Florida. whose address is 1 100 Simonton St - rrt. Kcv Wcst. I' lorida , 3040. and F :F: &(:
ENVIIZONN1ENT,AL SERVIC F1 S, LLC. ( I RAC MIC), a Florida limited liability companv-
\vhosc address is S751 Miami Fakcs Oriyc Fast. Mimi, Fakes, I I. 33014 and 6810 Front Street_ KCN
cst- Fl. 330 40,
WHEREAS. CM �N I Y desires to provide professional heach cleanil
nlaintenancc and hcantlllCatlon services at I Beach. Kcv° \\%est. (V90111 ('aunty, l:lol and
W1IERLAS. CONTRAC FOR desires and is ahlc to provide prolessional heach cloanill"
nlaintennnce and hCalltl(ICatloll scryices at Brach. KcV West. Monroe County. Florida:
and
WHEREAS, it serves a lcgitilllate public purpose iOr CON RACTOR to provide
professional heach cleanin,(). nlaintrnance and heautilication Set ices at Bcacll. KCN WCSts
1'10111'oc ('aunty. Florida. now thcrcf rare.
IN CONSIDERATION of the mutual promises and covenants contained herein, it is
a(-rccci as follows:
1. THE AGREEMENT
the Aorrenlent consists of this d<�cuntent- the hid doctlnlents- exhibits, and am addenda only
2. SCOPE: OF THE WORK:
phis project reeluirrs the I'ru of' all labor. materials- equipment, tools. transportation.
services. incidentals, all D+I.P. and the Army Corp. of I ;nt s rcrluirements and perm iitI'll
and the perlormin"a of - all \york necessary in accordance mth the specifications as lilllo�ys:
A. Required Services:
The required scryices to hr prrlormcd h\ the Contractor shall he to clean and
maintain the entire Icn(-)th and width of - the designated public heach areas From the watcrs edge to
the curh line or nearest rd of the pMenlent OF the puhlic road nearest to and parallcling the
heach area includin") the area hetwccn the Whitc Street I'icr and Wcst N bowers, seven
days per Neck. \.vcathcr and/or enyironnlcntal conditions pernliltin�o and lilr the kneed in
childrens' play area on the heach side on wcrkends (Saturdays and Sundaes). Sec F,xhibit:�
attached fol' a limp drtalllll" the heach Clcalim" "ll'ea C11I11CnS1(1nS. Cleallln4? and maltltalnlll"
includes daily SC Ivviced �uul trash rrnloval by the contractor. Proper disposal of scamccd shall he
the cont responsibility. Cleaning- and maintaining of'thc heach area is to he completed h%
Q:_ 0 a.m. 1lig�os Beach trust he cleaned usin" the BeZtell Tech _;OOO machine or an rquiyalent (to
he determined by the department head).
Bid Award Agreement 1 HOCC No�emhcr IS 2014
IIlle Contractor shall maintain all vwork areas within and outside the project
boundaries fi fi anv cnvironnnenlal pollution vwhich vwould he in violation of am fcdcral.
state. or local rcoulations.
Ali dchris, trash and sca�orass rcnurvCd from the heaeh shall he properly disposed
of at an approved landfill and /or transfer station. I he contractor shall provide copies of all dump
tickets with the monthly invoiCC for the Countv's rccOrds.
\York is likely to be influenced by the ticies. The tides caul have an effect oil the
timin- and work schedule. No extra claims shall he made I' )I the tides 01 li)r other n Lit wa]
\\eathel colldltlolls.
IFile Contractor vwill Coordinate the beach cleaning action with the Of
of Beaches c' Coastal SN StCMS_ to CnsurC that the Cxpertise and overall desires ol' the Dcpartment
vvpith respect to beaches and shores arc includCd in the CyCrvdav cleanino operation. all in
accordance vwith the recluirCnlcnts of Chapter 16 l , Horida Stat(-ICS.
] IC Contractor shall obtain and maintain all necessary permits and approvals and
shall compl with all federal, state and local laves and 1 concernin1) the subject matter
ofthe Contract DOCUt11e11tS.
13. Alert:
The .Monroe County 13 0a1 of County Conuuissioncrs has hCaCll cfezlnin0
re�- in the Monroe COMM Code, Chapter 1 ;. Article IV, regardin(I protection of sca
turtles (attached). The Contractor shall use its hest cff <uts to observe and to inuncdiately notik
the Sr. Director of lower Kc\s Operations of ally sca tlrl - tie Iletitlll(-, alillllptCd IICStIn 01* CraAVI
activity in the Contracted areas. The Contractor shall also coordinate and Cooperate vwith State
A"Cncies and sea turtle conservation �('roups drn�in�-1 till 11cstin0 season. No beach cleani110
activities shall take place dorm" itpril 1 throu1-111 October 3 1 until Save -a- Turtle rcprescntativ Cs
andlor the Contractors Certified hurtle Inspector- have vwalked the heaches.
C. i/lechanizcd Equipment:
Each yChiClc utilized on the heaCllCS shall havC sufficient I1(-)hts to illuminate its
vvorkin�� arCa. FLICII vchide utili /.ed on the heaeh shall he identified hv a rcoistration nunlhcr.
\VIllch has hccn atisTmed hN the StatC 111 1'101 All 111CChal1r1ed CCI111p111C11t that mll he
transporting debris, trash, litter. seaweed. sand, and refuse to a disposal site, or to and fi the
leach areas, shall he rcoistered with the Florida Department of Iligimav Satety and �lotor
Vehicles, and shall he enclosed or completely covered to prevent dischar_ue. All vehicles
transporting dchris or cquipnlCnt shall travel along major arterial roads. Residential roads or
st1 nlav not he used. Cxccpt where no other nlCrins of inL-1rc:ss and egress arc m ailahle.
I hC C 011traCi01 Shall SLlhlllit teChlllcal data of all beach CIcalltllk cCllllpl11e11I tof
revicvv and approval by the Fovv Kcv I lStrator o1 I3uildim�s and Parks Beaches. "f he
cleaning procCSS should not remove significant amounts oisand fivm the beach.
1). Debris, Trash and Litter Removal:
i. Debris, trash and litter removal. vwoo(I, plastic. glass, paper. tar. pine
needles. palm fronds, Coconuts, tree limbs. nletA objects and other forms of debris, trash and
litter deposited on the heaeh by the oCCan or by bather usa1-)c. shall he rACd up and rcnlovcd to
the disposal site on a daily basis.
Bid Award Agreement 2 ROCC Noycmbcr 1 2014
ii. Trash Rernmal: Fixed or mobile trash containers of any nature: round,
squarC wood, or llletaL provided by the County that are located anvvyhcrc on the sand and
seaward of the Curb or edge of the paN cnlent of the nearest road paralleling the Beach area, shall
be emptied and hauled to disposal site on a daily basis. Contractor is responsible to provide all
trash hags for the containers provided by the County.
iii_ I Iloatill in the water behind scavkccd shall also he removed per
D -F-P. re('ulations.
E. Seagrass:
Ifhe Contractor shall rake up all seagrasS including the tide Icyc1 strand line
%�hcncyer located on the beaches and haul it to the disposal site. The Contractor is responsihle
for disposing of seaweed in such a manner vyhich \yould not be in violation of any federal. state.
or local regulations.
When seaweed rack is greater than I()*' in deptll, the contractor shall use an initial
cleaning method to supplement the final Beach I cch cleaning.
F. Enicrgwnc)� Sc *r
The Lower Kcvs Administrator of IWHdinus and Parks & Beaches shall contact
the Contractor inunediatcly when an emergency call is needed. Me Contractor shall also notify
the Loyv °er Kcvs ;Administrator of Buildin0s and Parks & Beaches at 305-2Q2-44 I immediately
in the event of a facility emergawy. Ile C namcwr Shall respond to all emergency calls ��hlCll
occur durill," normal working hours and holidays and mckcnds xvithin three (3) hours of
notification by the County. The Contractor shall invoice the County for alter -hour. weekend and
holiday cincroencies based on the al hourly rate indicated in the contract.
G. Hazard Management:
The Contractor agrees to provide such haiard mana services as the
O\�nc:r representative nlav request. The Contractor agrees to he available for the performing of
such services on an emergency basis and shall respond to the request for the correction of such
hazardous conditions, within a 24 hour period. such services shall he at additional hourly costs as
established by the laid Proposal. and include, but are not limited to. the shoring of eroding and
detcriornted walkways by moving fill into place around them, grading storm -cut escarpments and
removing threatening dehris. Loreign material in excess of one ton "Itch must be Iilted at once
is excluded from the Contractor - s responsibility.
H. Protection of Air (Quality
The air pollution likely to occur title to collu operations shall he nlinimiied
by. requiring the use of properly operating combustion emission control dcyices on contractor's
vehicles and equipment and by encouraging the shutdown of Inotoricd equipment not actually
in use.
I rash hLlrnlM- Will not be I)Crlllltted On the C01lStrUCIr0nS Site.
L Erosion (Wntrol and Beach Repair:
The Contractor shall possess cquipnum Capable of providing certain beach repairs
and erosion control measures. The beach is from time to time in need of certain measures for
erosion control and repair and. accordlllg'ly, the Contractor agrees t(1 prOyldC the fl)llo\1illg
services to the extent ofrcasonable capahilk
end Award Agreement 3 13OC'C Novo cmhrr 18 2014
I . Backlillin'o ill' v- vashOLItS, particularly at the loot of anv stairs or entrance
vvays.
ii. Grading ot sand deposits.
M. Grading of deep sand furrows and escarpments to a more easily nayi
slope.
iv. !Adding sand to and grading around heath structures.
v. Spreading_ sand provided by the County to replenish sand loss due to
storms and%or eroslon.
vi. Periodic placing and spreading sand on the beaches as directed by the Sr.
Director of Lovvrr hC }'s Operations.
,I. Erosion Control:
The Contractor agrees to maintain the contour of - the Beaches against t'urthcr wave
action. and to maximize the Usable saIldv portion of the beach 101 recreational Clll( ?Nn1C[It.
K. hurricane Conditions:
In the event a hurricane, major storm, or act of God deposits unusual and
excessive amounts of material on the Beach, and the Ov- vncr's representative reasonahly agrees
that such deposits are indeed excessive, the Contractor shall respond to the owners request yvithin
IWCI1ty -four Ilouls ol'notification.
L. Attorney's Fees:
COt IN I Y and CON IRAC VOR au)ree that in the event any cause of action or
adnlinistrativc proceeding is initiated or defended by any party relative to the entorcement or
interpretation of this Agreement, the prevailing part\ shall he entitled to reasonable attorncv's
Ices in both trial and appellate proceedings. l-:ach party agrees to pay its Mv11 court costs,
investigative, and out -It- pocket expenses vwhether it is the prevailing party or not, throu('h all
levCls of the court system.
NIL Submittals:
SUbillittalS are required for the follo\vin(-
I. Beach Tech ;000 or cquivalcnt (as approved by the Sr. Director) data sheets
ii. Schedule
III. Horlda Department of I'.Il \'lronmental Protection, Of llcc of Beaches
Coastal S \stellls Belch Cicalling PCI 11111
iv. Front laid Loader vwith lone pronged bucket
y . Dump Truck
vi. Beach tilling" contractor and equipment
v ii. SCavviced disposal plan
Bid Award Agreement 4 BO CC Nm embei 18 2014
Sec. 13-61. Definition
(a) lcliace77t waters means �sam abutting a nesting coca and extending three hundred ( 00)
1Oct to either side of it, and out to either three hundred O0O) yards offshore or the limits of the
property line, whichever is further.
(h) Artificial light or twti ficial li,17tilig mean, the light emanating from any man -made or
111,111- controlled de-ice.
(c) Reach means the zone of unconsolidated material that extends landward lronl the 11lean
lovy ssAter line to the place where there is a marked change in material or ph ysiographic 1<61_111. or
to the we of permanent vcgctation. usually the effective limit ofstornl wavcs.
((I) Reach hcl-m means a hare, sanely shoreline �Oth a mound or ridge ofunconsolidated sand
that is inlnlediatcly landward of, and usually parallel to, the shoreline and beach. 'file sand is
calcareous material that is the remains of marine organisms such as corals, algae and molluscs.
Ile berth may include l vested. coastal ridges and may he colonized by hammock vegctatum.
(c) R77( tvpc hulh means any yellMs colored incandescent lip "llt hull,. not to exceed tvyenty-
fiyc (25) mitts. that is marketed as hang spccilically treated in such a ��ay so as to reduce the
attraction of hues to the light.
(f) ll /117l1a171'eil' /11Urn171alLCl IlluminatCd by numerous artificial ilght Sources that as a
group illuminate any portion of the beach.
1)at- lighl hours means the locally effective time period betvVeen sunrise and sunset.
(h) 1h"c 1Qy means any species of marine turtic, "ithin or outside ON nest that has recently
hatched from an cgz�.
(i) 117cCtrec111' i1177n7inuiecl nlcans illuminated as a result ofthe (—loWin" element(s), lamp(s).
globe(sh or reflector(s) Of all artificial light source. sshirh source is not direct]v risible to an
observer on the beach.
(_I) J711 hollmh rie.s, src7 turtle 1watectioll. nlcans the area on contiguous land
Win three hundred (300) feet of an identified or potential nesting area.
(k) lfechanicc7l hc(wh cleanin, means any mechanical nlcans by y0lich debris, including but
not restricted to trash, litter. seaweed or scagrass ss rack, is rcnlov cc] from the beach.
(1) \ -c.st means the area in and around a place in which sea turtle eggs are naturally deposited
or relocated hcncath the sediments of the beach.
(111) Acsling area nlcans both identified nesting areas and potential nesting areas.
(n) .A`estin(" coed, icicwificcl mean, any inva N\ here sea turtles have been or are currently
nesting, and the adjacent beach or other intertidal areas used for access A the turtles.
(o) a�esiir7,� area. Patentiol means any area vyhere sea turtle craw Is have been ohscryed.
(p) Acstir19 scasan means the period from :April 1 � through OCtoher ;1 of each year.
(q) Pern7lttecl t eni Qhe .s tale means any qualified individual, (—'roup OF orgaulization
possessing a permit from the Dcpartnlcnt of Frivia mnental Protection to conduct actiyitics
related to sea turtle protection cold conscryation.
Bid Award Agrein"t 5 I3OC( N ovcnlher 1S 2614
(r) .Sca 111lWc(.s') means and spc6nwn belonging, to the species Caretta caretta (lo
Met Chelonia myclas (green turtle), Dcrmochclys cor iacca (teethe rback turtle). I:retmochelvs
imbricate (hawkshill tnrtic) or any other marine turtle usin" Monroe Cotmty beaches as a nesting,
habitat.
(s) 1'irrtcc 1,lees. means anv class which: (a) has been treated to achicye an industry - approved,
inside -to- outside light transmittance yaluc of forty - five (45) percent or less (such transmittance is
mcasurcd as the percenlagc of Whlc light that is transmitted through the glass): (h) has a
minimum five (5) year warranty for the Icvcl of li"ht transmittance specified in (a) ahme: and (c)
has performance claims v- vllich are supported h� apprm cd testing procedures and documentation.
(0rd. No. 8 -1994. § 1, Ord. No. M- �, l . ; - 1 - )
Sec. 13-62. Prohibition of actirhi disruptiyc to sea turtles.
(a) PI of hor.cchcrck ricli�r�, cum /?fires, ril r•chicrrlul !r I Iorschack riding and
campfires shall he prohibited on nesting, areas during the nesting) season. VchlCnlar traffic shall
also be prohihitcd on nesting areas during the ncsdng season except for emergency and la"
enforcement vehicles, vehicles permitted on the beach for marinc turtle conservation or research
OF ychicles used for beach cleanino in compliance \yith section 133-65- Standards for mechanical
beach cleaning,.
(h) I'rohihimn rstorcrc ol./V rccrrnrt/ of unt malclIal in the wvac Fhe storag,e or
placement of any material such as but not limited to construction material, rip -rap, trash and
debris. mulch or other organic material, litndsc�rpin'o material. fill, vchicles, or boats, that has
potential to impede movement of hatchlings or adults ho"cen occan and nestino areas, or that
may cover existin, nests or ncstin sites is strictly prohihitcd.
(c) Awelolmmcia, AH devclopment shell be set back a minimum of Fifty (50) lest from any
area y�hich serves as an active or potential ncstint", area Or marinc turtles. The fifty (50) It60t
setback will be mcasurcd from the landward toc of the most landward beach herm or from fifth
(50) feet landward ofinean high water (Ml 1W). whichcVcr results in the smaller total setback.
The maxin mu total setback shall be one hundred (100) ION from Nll I W.
(Ord. No. 5 -1994, �, 2; Ord. No. 10 -1998. �, 1. ,- 11 -()X)
Sec. 13-03 St for exterior artificial l .
�fo prevent exterior artificial Iigg,hting from illuminating the j urisdictional boundaries or adjacent
waters durinZ� the ncstin1_1 season, the 1611( Ming� mcasures shall be taken to reduce or eliminate
the newative cAUcts ofnew or existing artificial liahtin
(a) Extcrior artificial lioht fixtures y011in direct line -of -si Flt of the hcach shall he designed,
positioned. modified. or removed so that:
(1 ) .I he point source oflight or an) reflecK c surface of the lyin fixture is not
dircctlN visihle from the beach.
(2) The area "thin the jurisdicti0r1al %Undarics is not direct]v or indirectly
illuminated.
�) IIIC area within the jtrrisdietional houndarics is not cumulatively illuminated
Bid Award Agreement 6 BO UC NoVemhCr 18 2014
(b) Measures such as but not limited to the Celloyvimp- shall he taken to reduce or eliminate the
negative effects of nmv or existing artificial beachiront lighting through appropriate design:
(1) Positioning of f ixtures so that the point SOWIe Of li_(ht or ally reflective surface of
the light fixture is eliminated or is no longer visihlc from the heach-
(?) Replacement of fixtures having an exposed light source " A fixtures containing
recessed li"ht sources or shields.
(3) Replacement of traditional huht hulhs "Ah selknx hung type hulhs not exceeding
twenty -five (25) watts or low- pressure sodium vapor lamps.
(4) Replacement of non - directional futures with completely shielded directional
futures that point dovNn and avway from the heach.
(5) Replacement ol llxtlll - e hay ins„ transparent of t anslucent coVerilh-1s with fixtures
having opaClue shields covering an arc of at least one hunched cighty° (180) degrees and
extending an appropriate distance hclovv the hottom edge of the fixture on the seaward side so
Ora the light source or any reflective surface ofthc light fixttu is not visible from the beach.
(6) Replacement of pole lamps wwith low- profile. tovw -level luminaries no higher than
forte -eight (48) inches offthe ground such as lowniOLInted tiwall fixtures, loxw hollards, and
I)round -level futnreS, so that the light source or any reflective surface of the light fixture is not
visible from the heach.
(7) Replacement of incandesccnt, fluorescent_ and higlh- intensity lighting witll the
lowest wattage low - pressure sodium vapor lighting possible for the specific application.
(8) Planting or improvement of landscape vegetation in compliance with the land
development regulations (chapter 9.5 -345 environmental design criteria) RUN ccn the light
source and the beach to screen light from the heach.
(9) ('onStl uCtlon ofgmmnd level harriers in compliance with the land development
regulations (chapter 9.i -345 10 "Aronmcntal design criteria) to shield light sources from the
heach.
(10) Limitation of exterior lights used expressly fir safety or security purposes. Ally
such lighting allowed must con(urm to the measures set AM in this section in order to reduce or
eliminate ne'-'ative effects on sea turtles.
(1 1) Permanent removal ofall floodlights. uplights, or spotlights used fur decorative or
accent purposes.
(12') Permanent removal or disabling ofan� lIXtUl - e \ -which cannot he hrouI into
compliance vwith the provisions of these standards.
(1 ;) Shielding or modification of any existing lighted sign pursuant to the land
dcvclopmcnt regulations (chapter 9.5 -345 environmental design criteria) such that it is not
directly visible from the beach.
(0rd. No. 8 -1994, � 3; Ord, No. 10 -1998, �, 1. -1 1 -98 )
Sec. 13-04. Stand for in terior artificia li��htin
fo prevent interior artificial lighting from illuminating the jurisdictional hoUndariCS or adjacent
waters during" the nesting season, measures such its but not limited to the shall he taken
Bid Award Agreement 7 MCC Nm cm[m 18 2014
to reduce or eliminate the negative effects o I'll cvv or existing, intcrio; IigiIt emanating Broom doors
and windov.vs:
(a) Interior artificial lighting within direct line -of -sight ofthc heach shall he desi'ned,
positioned, modified, or removed so that:
(1) ['he point source of light or any rcilcc6VC surface of the light liXturc is not
directly risible from the heach.
(2) '1 he area within the jurisdictional boundaries is not directly or indirecti�
i 1I ullllnatcd.
(3) II he area w °ithin the jurisdictional honndarlcS is not cu Ill ulati\ ely illuminated
(h) MCaSures such as but not limited to the folloming shall he taken to reduce or climinatc the
rnegatiyc effects of new or exi brig interior bcachfront fig HAW through appropriate design:
(1) t isc of NvindoNy treatments such as blackout draperies. shade- screens or blinds to
shield interior li"hts from the beach.
(2) Installation of ne" windows "hich meet the standards for tinted glass or, for
existing windows, an application of vwindow tint or film that meets the standards for tinted glass
(�) Turning offall unncccssan interior lights.
(4) Arrangement of lamps and other movvahlc light fixtures away from windows.
(5) ,lppropriatc interior design to eliminate ovcnccad lighting which could illuminate
the nemin- beach.
(6) I`or new construction within line Might of the heach, tinted glass shall be
installed on all w0dows and glass doors of single - or multi - story structures.
(Ord. No. 8 - 1QQ4, ti 4. Ord. No. 1O - 1998 - § 1. 3 1 - 98)
Sec. 1 3 - 65. Standards for mechanical beach cleaning.
_111 mechanical belch cicaning activities designed to renwv e debris from the beach or
redistribute debris on the [)each through the use of motorised vehicles or other mechanical means
Shall comply with the following standards:
(a) Timing. Beach cleaning Shall he confined to daylght hours durrng the nesting season.
(h) llock of iOl IN. During the nesting season (April 15 through October 31 ):
(1) Beach cleaning operations shall be limited to the area seaward of the strand line
(previous high tide mark).
(2) LigUiPwAght motorized vehicles SO, wide, lomimi0c. low - pressure tires, or
hand raking shall be used to conduct beach cicaning operations.
(3) Devices used for renum Wg debris from the beach shall be designed and;or
operated such that they do not penetrate beach substrate h\ more than two (2) inches.
(4) Operators shall he educated to identify a sea turtle crav (turtle tracks). recognize
and avoid a sea turtle nest, report nests and or crawls to a permitted agent of the state.
Bid Award Agreement 8 BO('( N)vcmhcr IS 2014
(5) All excess raked material must he removed from the beach and disposed of
properly or stared in an upland area as approved by the director of em ironmental resources.
With special approval front the director of crivironmcntal resources and the state department of
environmental protection, limited quantities ol'organic material may he incorporated into the
substrate in order to enhance the bcach'bcrnl system.
(c) ('oorclim0ion of h"uI Xw iiig olwralio17s II ills I( scientific slullie.v A
beach ckaning opemOons Shall he Coordinated thrOUI'Il the State to ensure that these operations
do not interfere With state - sanctioned scientific Studies or Sill of SCa turtle ilCS611, aCtlyltieS.
(d) A11111orL(Itioll. Any person performing) nlcchalllcal beach Cleaillllg Must have a Current
permit from the Florida Department of F.11v ironnlental Protection for the area being cleaned.
(Ord. No. 8 -1994, § 5: Ord. No. 10 -1998, § 1. I 1 -981
Sec. 1 ; -6 Prot from _predation
(a) No predatory pets or pets Itch to have a potential for heing disruptive or damaging to
nesting turtles, hatchlings, or nests shall he allowed to roam We and unsupervised Whirl the
jurisdictional boundaries during the nesting_ season. Such pets include but are not limited to dogs,
eats. snakes, lizards or iouanas. ferrets and l,i0,s.
(b) f ccding of raccoons, opossums and other wild animals within the jurisdictional
houndaries is prohibited.
(Ord. No. 8 -1994. § 0: Ord. No. 10 -1998. § 1. ; -1 1-98)
Sec. 1; -67. Penalty.
(a) Violations of this article may he prosecuted Al the same manner as misdemeanors are
prosecuted. In such cases.. the violations shall he prosecuted in the name of the state in a court
having jurisdiction over misdemeanors h� the proscc Lit in,� attorney thereof and upon conviction
shall he punished h� a line not to cxcccd tiyc hundred dollars ($5(0.00) or by imprisonment in
the County jail not to exceed sixty (60) days or both such line and iolpi Violations may
also be prosecuted through pinceedings before the Monroe County COdC I- .nlorcement Board, or
pursuant to chapter 76-435. haws of Florida P App_ A, art. V. div. ; 1, or through any other
lawfully available means including' civil and injunctive relief.
(h) the property owner and. �yhcre applicable. the designee. agent, tenant. lessee, or
assit"'ncc, shall each he held responsible liar adherence to Article W. Protection ol'Sca Turtles.
(Ord. No. 8 -1994. � 7: Ord. No. 10 -1998. �, 1, ; -1 1 -98)
Secs. 1-1-68--13-80. Reserved.
Bid Award Agreement 9 November 18 2014
3. PAYMENTS TO CONTRACTOR
A. COUN IA "S periurnlancc and obligation to pay under this agrecment. is
contingent upon annual appropriation h3 the Board of County Coni nissioners. COt !N I shall
par in accordance with the Florida local GoN crnmcnt Prompt Payment Act. payment will be
Made after delivery and inspection by COI �N I Y and upon suhnlission of a proper invoice h�
CONfRA(TOR.
13. CONI RAC FOR shall submit to CM IN'I Y invoices with supporting
documentation acceptable to the Clerk. on a nlontlhly schedule in arrears. Acceptahility to the
Clerk is based on ocncrally accepted accounting principles and such lam rules and re(1,ufati0ns
as may govern the Clerk's disbursal of funds. I'hc Contract amount shall be as stated by the
CONTRAC MR - s bid as tilllovws:
$ 1,1 54A2 per month regular hours seven days per "cck (including equipment costs and dumpkg)
S 695AX) per hour culcrgencics (ex. P0St hutl rCa11CS, InClUdrng CCInrllmCllt Costs X dumping fees)
4. TERM OF AGREEMENT
This (2) two y °car Agreement shall conlnlcnce on December 01 . 2014, and ends upon
Novenlher 30 , 2016. unless terminated earlier under paragraph 18 ofdAs ureement.
The C(WNTY shall have the option to renew this A,"rccment Or up to an additional three (3)
one -Ncar periods at terms and conditions nurtually agreeable to the parties, cxcrcisahle upon
Written notice -aiNvii at least 30 daNs prior to the end of' the initial term. l!nlcss the context clearly
Indicates othcr�N isc. references to the - tcrill of this Agorecrllcnt Shall 111call the initial term of two
(2) ;'cars.
file Contract amount may he adjusted annually in accordance with the percentage change
in the I !.S. I)epartlncnt of Comnlcrcc Consumer Price Index ((PI-t 1) Or all Urban Co11muncrS as
reported by the 11.S. Bureau of Labor Statistics at Dccenlhcr 31 of the previous Fear using the
most recently published indicator.
>. ACCEPTANCE OF CONDITIONS BY CON'TRAC'TOR
CONTRACT OR has. and shall maintain throughout the term of this Agreement. appropriate
licenses. Proofof such licenses and approvals shall he suhnlittcd to the COt �NIY upon request.
6. FINANCIAL RECORDS OF CONTRACTOR
CONTRACTOR shall maintain all hooks, records. and d0CUInCI1tS directly pertinent to
perfornuulCC under this Aorecment in accordance with generally accepted accounting principles
consistently applied. leach party to this Agreement or their authorized representatives shall have
reasonable and tirlICIN' access to such records of each other party to this A filr public
records purposes during the term of the Agreement and OF Our wars following the termination
of this Agreement- If an auditor employcd h� the ('Of 'N'fY or Clerk determines that monies
paid to CONTRAC UR pursuant to this Agreement were spent Of purposes not authorir.cd by
this AgIrcemrnt. the CON ' fIZ:1C'1 - OR shall repay' the monies together With interest calculated
pursuant to Scc. 55.03, FS.. froul the date the monics were paid to CON IRAU I OR.
Bid Award Agreement 10 K(WU November 1 2014
7. PUBLIC ACCESS
Pursuant to Florida Statute §1 19.0701, Contractor and its subcontractors Shall comply kith all
public records laws ofthe State of'Florida, includinh-1 but not limited to:
(a) Keep and Maintain public records that ordinarily and necessarily would he
required by Monroe County in the perlorMancc of this Agreement.
(h) Provide the public yvith access to public records on the same terms and
conditions that Monroe (wonty would provide the records and at a cost that does
not exceed the cost provided in Florida Statutes. Chapter 1 19 or as Othervyise
provided by law.
(c) Fnsurc that public records that are exempt or confidential and exempt from
public records disclosure requirements are not disclosed except as authorized by
law.
(d) Meet all requirements for retainin.( public records and transfer- at no cost, to
Monroe County all public records in possession of the contractor upon
termination Of this ;agreement and destroy any duplicate public records that are
exempt or conlidential and exempt h - om public records disclosure requirements.
11 records stored electronically must he provided to Monroe County in a format
that is compatible with the information technolo_,!y systems Of tilonroe County.
111C County shall have the riOht 10 unilaterallN cancel this A upon violation of this
provision by Contractor.
8. HOLD HARMLESS AND INSFRANCE
Notwltltstanding any minimum Insurance requirements prescribed elsewhere In this agreement,
Contractor shall defend, indemnify and hold the COO A I Y and the CMA IA's elected and
appointed officers and employees harmless fivM and against (i) any claims, actions or causes of'
action, (ii) any litigation. administrative proceedings, appellate proceedings, or other proceedin( s
relating to any type of injure (including death), Vs. damage- line. pcmdty or business
interruption - and (iii) any costs or expenses that may he asserted against- initiated with respect to,
or sustained hy, any indemnified party by reason of, or in connection with, (A) any activity of
CONTRACTOR or any of its employees, agents, soh- contractors or other invitees durinl-I the
term of this AGREEN1 NKI! (13) the negligence or willful misconduct of COVA RAC CUR or any
of its employees. agents, suh- contractors or other inv itees, or (C CON 1 RACTOR's default in
respect of any of the obligations that it undertakes under the terms of this AGRI-;I AIIAT_ except
to the extent the claims, actions- causes of action, litigation. proceedings, costs or expenses arise
from the intentional or sole negligent acts or omissions of the COt IN FY or any of its employ ces,
agents- contractors or invitees (other than CON hRAC FOR'). Insofar as the claims, actions.
causes of action- litigation, proceedings. costs or expenses relate to events or circumstances that
occur clurin the term of this ,AGRT 1 this section \\ ill survive the expiration of tile term
of this AGRI-;I -AIIAT or any earlier termination of - this AGRl`T, ll l .
The extent of liability is in no vvav limited to, reduced, or lessened by the insurance
reguirements contained elsewhcrc within this agMCMent. l'ailurc of' CONTRAC�FOR to comply
with the requirements of this section All he cause for immediate termination of this agreement.
Prior to execution 01 this a0,rcement- C'ONTRACI OR shall furnish the ('(WNI Y
Certificates 01' Insurance indicating" the Minimum covera limitations in the lullowin(-' amounts:
VA)RKFRS (UNIMASY ION AND FNIPIj))TR - S 1.1 1311. HY INSt_1RANCE.
Bid Award Agreement 11 IMUC November IS 2014
Where applicable. Coverage to apply Or Al employees at a nlininlunl statutory limits as required
bx F lorida I Aw.
CO>\ 1PRI]II;NSIVI�: AllTONJO1311_I: VI,III( I.F" I.IARIF,I I Y INS tI RAN (T-
Motor vehicle liability insurance, includill" applicable 110 -11'ault COweralle. with limits of liability
Of' not less than 5100 (100.00 per occurrence. combined single limit Or Bodily Qup liability
and Property Damagc I.iahili, II' sin limits are provided, the mininlunl acceptable limits are
S IOR000.00 per person. S 3000OU.00 per occurrence, and 50, 000.00 property damage.
('overapc shall include. all owned vehides, all non -o"ved vehicles. and all hired vehicles.
COMMI.RCIA1. GFNERAL I,IA13HJTY. (Awilmercial gencral liability co - emgc %pith Mud, of'
liability of not less than 5100,011) .()0 per oCCUrrencc combined sill"Ic limit fir Bodily Injure
l.iahility and Property Damage I.iahility.
9. NON- 1 OF IMMCNIT
Notwithstanding the provisions of Sec. 76818. Florida Statutes, the participation of CM) NTY
and CONIRA(WR in this Agreement and the acquisition ofarty commercial liability insurance
covcragc. SCIC- insw coverage, or Ideal "oycrnmcnt liahility insurance pool coycra shall
not be deemed a �yaiver of inlnnnlity to the cxtcnt ol' liability coverage, nor shall any :A,rccment
entered into by the COUNTY he required to contain any provision Or waiver.
10. INDEPENDENT CONTRACTOR
At all lilueS and fur all purposes under this agreemcnt (A )MERAMAT is an independent
contractor and not an employee of the Board of County Conl Ill issioncrs of' Monroe County. No
statement contained In this agrCelllellt shall he ConStrUed till as to find CONT RACTOR or any of
his clllployecs. subcontractors. servants. or agents to he employees of the 13oard of (`ounty
Commissioners of Monroe Cowlty_
H. NONDISCRIMINATION
CONTRACTOR aorecs that there v\ill he no discrimination against ally person. and it is
expressly understood that upon a determination by a court of competent jurisdiction that
dlscrl ill illation has occurred, this Agrecluent alltoluatlCalll terujillatCS \ykllout any 1tlI "thcr action
on the part of any party. effective the date of' the court order. CON IRACTOR agrees to comply
with all Federal and Florida statutes, and all local ordinances, as applicable, rclatin(- to
rnondiscrinlination. These include but are not limited to: 1 ) Title VI of the Civil Rights ACt of
1964 (PI. WE) "hich prohibits discrimination on the basis of race. color or national origin: 2)
&TIC 1X of the Fducation Amendment of 1972, as amended (20 t 1SC ss. 168 1-108 �. and 1685-
1686), "Lich prohihits discrimination on the hasis of sex; ?) Section 504 of the Rehabilitation
Act of 1973. as amended (20 USC s. 794), which prohihits discrimination on the basis ol
handicaps: 4) The Age Discrimination Act of 1975, as amended (42 t ISC ss. 6101 -6107) which
prohibits discrimination on the basis of agc. i) The DW9 Alwc Mcc and 'Frcatment Act of'
1972 (PI. 92 -255). as amended. rchdrig to nondiscritination on the basis of drug abuse: 6) The
Comprchernsivc Alcohol Abuse and Alcoholism Prevention, Ireatnlcnt and Rchahilitation Act of'
1970 (PI. 91 -616), as amended, relating to nondiscrimination on the basis of alcohol abuse or
alcoholism: 71 11c Public health Scryice Act of 1912. ,, s. 523 and 527 (42 l 'SC ss. 690dd- and
2 90ec -)). as amcndcd. relating to confidentiality of alcohol and C h - M - 1 ahusc patient rccortls: 8)
Title VIII of the Civil Ri(hts Act of 1 168 (42 t �S(' s. ct scy.), as anlcllded, relating to
Bid Award Agreement 12 13M November 13 2014
nondiscrimination in the sale, rental or financi12 OChuusinll: 9) "I - he Americans with Disabilities
Act of 1990 (42 USC s. 1201 Note), as maybe amended from time to time. relating to
nondiscrimination on the basis of disahility : 10) Ally ether nondiscrimination provisions in any
Federal or state statutes which play apply to CW IN] Y and CONTRACTOR to, or the subject
platter of this Aorcenlent.
12. ASS IGNMENT /SUBCONTIZACT
CONTRACTOR shall not assign or subcontract its ObligM&ns under this agreement to others.
except Al m Itillg and \with the prior m ittell approval of the Board of County C Olnmissiorlet's of
?*VdonroC County. which approval shall he subject to such conditions and provisions as the Board
relay deem necessary. This paragraph shall he incorporated by reference into any assig11 rllent or
subcontract and any assignee or subcontractor shall comply with all of the provisions of this
agrCCnlCrlt. t 1 ess expressly pn "idcd for therein, Such approval Shall Al no Manner or cvCnt he
deemed to impose any additional ohli open the hoard.
13. COMPLIANCE WITH LAW AND LICENSE RE )UIRFMMFNTS
In providing all services /goods pursuant to this agreement. CONTRACTOR shall abide by all
laws of the Federal and State govcrnnlent, ordinances. rules and I - eOulations pertaining to, or
regulating the provisions of, such servicek including We no" in MO and hereinafter adopted.
Compliance with all laws includes, but is not limited to. the mum((1ration laws of the federal and
State government. Any violation of said statutes, ordinances, rules and I - CUulations shall
constitute a material breach of this agreement and shall entitle the Board to terminate this
Agreement. CONTRACTOR shall possess proper licenses to perlornl work in accordance vvith
these specifications throughout the term Of tllis ;Agreement.
It DISCLOSURE AND CONFLICT OF INTEREST
CON 1 RACTOR represents that A. its directors, principles and employees, presently have no
interest and shall acquire no interest, either direct or indirect. which would conflict Al any
manner with the perfo rill alice of services required by this contract. as prov ided in Sect. 112.' 11.
CL Seq.. Florida Statutes. COWN IN agrees that officers and employees of the COUN FY
recognize and will he required to comply with the standards of conduct for public officers and
employees as delineated in Section 112311 Florida Statutes. regardill g. but not limited to,
solicitation or acceptance of gilts: doing business Xvnth ones agency: unauthorised
compensation: misuse ofllublic position. conflicting elllplovmcnt or contractual relationship: and
disclosure- or use of certain Allormation.
tlpop execution ol this contract. and thereafter as changes play require. the
CONTR. shall notify the (`Ot JN l Y of ally financial Interest it may have in ally and all
programs in Monroe COUIItN which the CONTR ACIUR sponsors, endorses. recommends,
supervises, or rcquires for counseling, assistance, evaluation- or trcatincnt. I - his provision shall
apply whCthcr or not such program is I - Cquircd by statute- as a condition of prohation. or is
prov ided on a Voluntary basis.
COt NTY and CON1RAC CUR warrant that, in respect to itself, it has neither employed
nor retained any company or person, other than a hona fidc ctnploy•cc working solely for it, to
Solicit or secure this ; III - CCnlent and that it has not paid or agreed to pay any person, company,
corporation, individual, or firm, other than a holla fidc cnlfloNcc working solely for it. any fee.
Bid Award Agreement 13 IMC'C November 18 2014
Conlnllsslon. percentagc, gift, or other consideration contingent upon or resulting from the award
or making of this ����recment. I or file hrcach or v iolatioll oC file provision, the CONf'RAC I�OR
aZ(�rccs that the COt INTY shall have the rit- to tcrnlinatc this Al'l_Ccnlcnt without liability and,
at its discretion, to ollsct iro111 monies owed, or other\yisc 1 the lull amount of stleh fec,
C01111111sslon, percentage, <olk, 01 collslderat1011.
I '_5. NO PLEDGE OF CREDIT
CONTRACTOR shall not pledge the COt A I Y'S credit or make it a ��uaralltor of payment or
surety for any contl debt. ohli��ation. jud��mcnt. lien, or any tor111 of indebtedness.
CON FRACTOR further warrants and represents that it has no obligation or indehtcdncss that
would impair its ability to kilt the terms of this contract.
16. NOTICE REQUIREMENT
Any notice rcyuircd or permitted under this allrccnlent shall be in writin -, and hand deliycred or
mailed, postage prepaid, to the other party by ccrtilicd mail, returned receipt reyucsted, to the
fol lovv in(-
FOR COl1N'l Y:
Milnroe COMM
Facilitics Maintenance Depart111cnt
3W1 South ROOSeyCtt 13oulcvard
hcy West. Fl, ')')040
MW
COMM .Attorney
PO. Box 10
hcy West. F I. '
17. TAXES
F OR CO N IRAC - 1 (_)
I'l. &. G Fnvirornmental Services. LLC.
ATTN: C'arolvn Bailey
6810 Front St rcct
hcN West. V I. 3010
and
�7 Miami Lakes Dr' East
Miami I,akcs, Fl, :3014
C'01, AI l'Y is exempt front payment of Florida Statc Saks and t isc taxes. CON 1'R:ACTOR shall
not he czenlpfed by virtue of the C(WN'I Y'S exemption front paying sales tax to its suppliers
for materials used to lullill its obligations under this contract, nor is sales
authorized
to use the COUNTY'S Exemption Numhcr in sccurin� such materials. C'ONTR�ACFOR
shall he responsihlc for any and all taxcs, or payments 01' xcithholding. related to services
rcndcrcd under this agreement.
1S. TERNIINATI0N
a. The COUNTY may terminate this ;Agrecnlcnt with or Without cause prior to the
conlIllellcc'Illcllt of work.
b. 1'hc CM INTY or CON IZ AC 1 ' ()R nrly terminate this 'Agreenlent for cause with
seven (7) days notice to CONTRACTOR. Cause shall constitute a hrcach of the obligations of
either party to perform the ohli, ions enunlcrated under this Agreement.
Bid Award Agreement 14 IMCC Nov cnlhcr I S-2014
C. kither of the parties hereto may cancel this u,(11 \,� ithout cause by ON ing the
other park sixty (60) days written notice 01 its intention to do so with neither party having any
further obligation under the term s of the contract upon termination.
19. GOVERNING LAW VENUE INTERYRF COSTS AND FEES
11115 A-1 ccluclit shall be ( 'llyel - llCd h1 and construed in accordance with the lax�s of the State 01
I'lorlda applicable to — recruc1ts Made Gild to he perl(lrmed entirely in the state. ill the cxellt
that ally' Cause o1 action or adlllllllStrativ C prOCCC(hllg IS inStitUtCd 101' tie eilfol of
interpretation of' this Agreement. the CMjN I Y and CONTRACTOR owrec that venue will lie in
the appropriate court or before the :lppr)priatc adnlinistrativc bode in M011roe County, Florida.
20. MEDIATION
The COON IN and CONTR ACTOR a that, in the c\cnt of Coll tlictin" interpretations of the
terms or a term of this Aoreerncut by or hct�1ecn all\ of them the issue Shail be Submitted to
mediation prior to the institution Of ally oiler adrilill1StratlV'C or Iegal proceeding). Mediation
proccedingS initiated and Conducted pursuant to this ! \orCClllCllt Sball he In accordalicc \�itb the
Florida Rules of Civil Procedure and usual and Custolnar� procedures reyllired by the circuit
court o1 tilonroe County.
21. SEVERABILITY
If any term. covenant, condition or provision of this Aureenlcnt (or the application thereof - to olnv
Circumstance or person) shall be declared invalid or unenlorceahlc to any extent by a court of
competent jurisdiction, the remainin terms, coycnants. conditions and provisions of this
Agreement, shall not be affected thereby: and each rcmainin, term, covenant, condition and
provision of this gn shall he vollid and shall be cnCorccahle to the fullest extent permitted
by Ia\y unless the elllol Cellicut of the I Cillalllillg tCrn1S- Covenants, conditions aIld prov isions of
this Agreement �wuld prevent the accomplishment of the orl�ltlal intent of this Ag cenlent. Ilie
COl NTY and CONI RAC I OIZ agree to reform the \(rcenlent to replace any stricken prov ision
with a valid provision that conies as close as possible to the intent of the stricken provision.
21 ATTORNEY'S FEES AND COSTS
('" �NIN and (A)VA RAC UR al.;ree that in the C\ Cut :.ulv cause of action or administrative
proccedino is initiated or defended by any party relative to the enlilrcellicnt or interpretation of
this Agreement. the prevailing part) shall he entitled to rrasonahle attorney's ices in both trial
and appellate proceedings. Each party agrees to pa} its owe corn costs, investigative, and out -
okpocket expenses whether it is the prcvadimg party or not, through all ICv of the court
s, stern.
23. ADJUDICATION OF DISPUTES OR DISAGREEiXIENTS
COt A IN and CONTRAUTOR agree that all disputes and disagreements shall he attempted to
be resolved by nieet and confer Sessions he" wen representatives of COUNTY and
CONISM - I111R. It' no resolution can he agreed upon within 30 days alter the first meet and
Comer Session the issue or issues Shall he discussed at a public electing of the Board of Counm
Commissioners. If the issue or issues are still not resolved to the satisfaction of COtiV I and
Bid Award Agreement 15 130(v Novetttber 1 S 2014
CONTRACTOR. then anN party shall have the ri��ht to seek such relief' or remedy as may be
pro% idcd be this Agreement or by Florida 1,1vy
21. COOPERATION
In the event any administrative or legal proceeding is instituted aLYainst either part }` relatin to the
formation. execution, performance. or hrcach of this A(Ureement, UM ATY and CONTRA UVOR
Zi p
ree to participate, to the extent reLIuired by the other party. in all proccedim hearings,
processes, meetings, and other acti"'Cs related to the substance ol� this Agreement or provision
of the services raider this Agreement. ('(WN] Y and CON VRACTOfO specil - calls agree that no
party to this Agreement shall he rcquired to enter into any arbitration proccedinps related to this
A��recment. -
25. BINDING EFFECT
l'hc terms, covenants, conditions, and provisions of this ;A(-recmcnt shall bind and inure to the
hcnefit of COUN1Y and CON' RAC TOR and their respective Icgal representatives, successors.
and assigns.
26. AtA'H0RITY
Mach party represents and warrants to the other that the execution, delivery and performance of
t his Agreement have been duly authorized by all neccssary ('Ol IN'1'Y and corporate action. as
required by laXy.
27. CLAIMS FOR FF,DERAL OR STATE AID
CONTRACTOR I TOR and ('01 A Y ago ree that each shall tic, and is, empowered to apply far. seek.
and obtain federal and slate funds to further the purpose of this Agreemcnt: provided that all
applications. rc�Iuests, �0rant proposals, and funding solicitations shall he approved by each party
prior to submission.
28. PRIVILEGES AND ININIUNITIFS
All of the privileges and immunities from liability- exemptions I'rom lays. ordinances, and rules
and pensions and relief. disahility. workers' compensation, and other benefits which apply to the
activity of officers. a��ents. or employees of anN public agents or employees of the CM ,
when performing their respective fUnC1]Oils under this �y��reement within the territorial limits of
the CO[ fN'I'Y' shall apply to tic same dc-grec and extent to the per ofsuch functions and
dLI11eS 01' such officers. agents. \oluntcers, or employees outside the territorial limits of the
( Ot JNTY.
29. LEGAL 0131.IGATIONS AND R1
I'll's ;1 is not intended to, nor shall it he construed as, relicyiM anV participating entity
from al obligation or responsibility imposed upon the emity by la4y except to the extent of
actual and timely performance thereof by anv participating entity, in which case the performance
ma} he offered in satistllction of the ohlioation or responsihility. F'urthcr, this A is not
intended to. nor shall it he construed as, authorizing the dele��atiun u1 the constitutional or
Bid Award Agreement 16 130(V Nov Cmhlr I 2014
statutory duties of the COUNTY_ except to the extent permitted by the Florida constitution. state
Statute. and case Lm.
30. NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the tCrillS. or anv of' them, o1* this ,A,rccmcnt to
enforce or attempt to enforce any third -party claim or entitlenlcnt to or hcncht of any service or
Program contemplated hereunder, and the COI IN I Y and the CONTRACTOR aoree that neither
the COt INfY nor the CONTRACTOR or an aocnl, ol'liccr, or cmplovec of cithei' shall have the
authority to inform, counsel, or othervvisC indicate that any particular individual or group of
individuals, entity or entities, have entitlements or hCnCfltS' under this A separate and
apart, inferior to. or sulaerior to the conullunity in (_)crICral or for the purposes contemplated in
this A�Vreenlent.
31. ATTESTATIONS
CONTRACTOR a�_)rccs to exccutC such documCnts as the COt IN I'Y may reasonahly reduirc. to
include a Puhlic Fntity Crime Statement. an I :thics Statement, and a Drug -free orkplacc
Statement.
32. NO PERSONAL LIABILITY
No Covenant or a�orecment contained herein shall be deemed to he a covenant or m rcctnent of
any member, officer, went or employee of Monroe County in his or her individual capacity. and
no menlher. officer, went or cnlploycC of Monroe County shall he liable personally on this
Aorecment or lie suhject to ally personal liahility or accountahility by reason of the execution of
this A(-m-eeillcnt.
33. EXECUTION IN COUNTERPARTS
This A(reentcnt IMIN be csccutcd in any iiumhcr of'countrrparts. each of which shall be rcoarded
as an original. all of vNhich taken to shall Constitute onC and the same insU'ument and am
of the parties I1C1_CtO nlay executC this A�_rCCnIrr)t by signin" anv such counterpart.
34. SECTION HEADINGS
Section headings have peen inserted in this A('I as it matter of Convenience ol reference
only. and it is agreed that such SCCtIOII hcadin(_)s arc not a part of this Aurccmcnt and will not be
used in the interpretation of'anv provision of this Agreement.
35. PUBLIC ENTITY CRIME INFORMATION STATEMENT
"A person or affiliate who has hcen placed on the convicted vendor list followin0 a Comiction
for a public Cntity Crime nlav not submit a hid on a Contract to provide any goods or scryices to a
public ClltltV'. mad [lot SUhlllit a hid on a ColltraCt with a PLlhlIC Cntlty tot" the ConStrLICtJOn of
repair of a Puhlic huildin" or puhliC vpork, maN not suhnlit hills on leases of real propert} to a
puhliC Cntity, may not he warded or perlorm \v °ork as a Construction Manager, supplier,
suhcontractor, or Consultant under a contract �yith any puhliC entity, and may not transact
hllSHICSS Frith an} Puhlic entity in excess OC the threshold amount provided in Section `_'57.01 7.
for CA1 FGORY IAVO for a Period of 30 months from the date placed on the convicted
yCndor list."
Bid Award Agreement 17 IMCC Novcmhcr 18 2014
36. MUTUAL REVIEW
This agreement has been carefully rCric�vCci by Contractor and the C oulm therefore, this
aorcement is not to be construed a�'ainst either hartN un the hasis oCauthorsllih.
37. INCORPORATION OF BID UOCUMFINTS
The terms and conditions of the hid documents are incorporated by reference in this contract
agreement.
38. ANNUAL APPROPRIATION
]'Ile County's performance and obli loll to hay under this a01"cement is contingent upon an
a1lnUal appI'op1 latIoll bV the Roard o1 Couim col 'SS hl t }1C eyCIlt that the C OMM Illnds
on \yhich this Aorecment is dependent arc n_ th IS \(rcemcnt is terminated and the
County has no further obligation under the terms of this to Tile Contractor beyond that
already incurred by the termination date.
IN WITNI'SS WI IF'Ri"Of'. COI)NI Y and CON1 R,ACTOIZ hCI_Cto hayC CXecuted this
Agrecnlent on the day and date first written ahovC in fo>lr (4) counterparts. cash of vthicll shall.
v- vithout proof or accountin(I liar the other counterparts. be deemed an ol contract.
IIOARI OI' COl!NTY COM\NIISS10N1:RS
Attest: .AMY IIIIAVILIN, CLPRK OI:_&.IONROF CMINTY, FLOW.
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Bid Award Agreement 18 13MV Novembcr 1 S 2014