Item I1C oun t y of Monr
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
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Mayor Pro Tern Sylvia J. Murphy, District 5
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Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
December 13, 2017
Agenda Item Number: I.1
Agenda Item Summary #3607
BULK ITEM: Yes DEPARTMENT: Planning /Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289 -2805
N/A
AGENDA ITEM WORDING: Approval to advertise a Request for Qualifications seeking vendors
to perform installation and maintenance of waterway markers in the Florida Keys waters within
Monroe County.
ITEM BACKGROUND:
At the May 17, 2017 Board of County Commissioners (Board) meeting, the Board recognized the
need to provide for a competitive bid process for the hiring of qualified marine contractors to
perform waterway marker work which may exceed an aggregate cost of $50,000 in a twelve -month
period for marker work performed by an individual marine contractor.
In order to comply with current Purchasing Department levels, the Marine Resources Office has
drafted a Request for Qualifications (RFQ) in order to qualify marine contractors interested in
performing channel marker and regulatory marker installations and repairs on an ongoing basis.
Staff has provided a draft RFQ for Board consideration for advertising. Staff anticipates bringing an
agenda item back before the Board in the spring of 2018 to select qualified marine contractors based
on the results of a scoring committee which will review the RFQ responses.
PREVIOUS RELEVANT BOCC ACTION:
May 2017- Ratification of Purchase Orders No.57238, No.57266, No.57380, No.57436, and
No.57489, for waterway markers work, which collectively exceeded $50,000.
CONTRACT /AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Draft Waterway Marker RFQ
FINANCIAL IMPACT:
Effective Date:
Expiration Date:
Total Dollar Value of Contract:
Total Cost to County:
Current Year Portion:
Budgeted:
Source of Funds:
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
WE
REVIEWED BY:
Mayte Santamaria
Completed
Assistant County Administrator Christine Hurley
11/28/2017 9:35 AM
Peter Morris
Completed
Jaclyn Carnago
Skipped
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
11/28/2017 9:28 AM
Completed
11/28/2017 12:03 PM
11/28/2017 12:03 PM
11/28/2017 12:11 PM
11/28/2017 12:48 PM
11/28/2017 1:40 PM
12/13/2017 9:00 AM
MONROE COUNTY
REQUEST FOR QUALIFICATIONS
To Perform the Installation and Maintenance of
Aids to Navigation and Regulatory Markers
in the Florida Keys Waters within Monroe County
CO
3SIONERS
or George Neugent, District 2
Pro Tem David Rice, District 4
anny L. Kolhage, District 1
-lather Carruthers, District 3
ylvia J. Murphy, District 5
COUNTY ADMINISTRATOR ASSISTANT COUNTY ADMINISTRATOR
Roman Gastesi Christine Hurley
November, 2017
Prepared By:
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Marine Resources Senior Administrator
Richard Jones
TABLE OF CONTENTS
SECTION ONE:
INSTRUCTION TO RESPONDENTS
SECTION TWO:
DRAFT CONTRACT
SECTION THREE:
COUNTY FORMS
SECTION FOUR:
INSURANCE REQUIREMENTS
SECTION ONE: INSTRUCTION TO RESPONDENTS
1.01 GENERAL DESCRIPTION OF SERVICES
The Board of County Commissioners of Monroe County, Florida, (hereinafter "County ") is
seeking proposals from respondents to install, maintain and repair uniform waterway markers
throughout the waters of the Florida Keys within Monroe County.
1.02 OBJECTIVE OF THE REQUEST FOR QUALIFICATIONS
The Marine Resources Office of Monroe County, Florida invites firms to submit their
qualifications to remove, install, repair, maintain and replace waterway markers including aids to
navigation and regulatory markers. These markers may include pilings and/or buoys, and shall
be constructed in accordance with marker designs provided by the Marine Resources Office,
consistent with Florida Uniform Waterway Marking Standards. The successful respondent
should be prepared to respond when called upon by a designee of the Marine Resources Office
with adequate personnel, equipment, and expertise within a designated timeframe to perform the
work described in a Scope of Work provided by Marine Resources staff, in a professional
manner. The County seeks to establish contracts for 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. The County may establish separate contracts for
marker piling work, buoy work (which requires diving), or both types of work.
1.03 PROJECT LOCATION
The project area includes the waters (and land as applicable) of the Florida Keys in Monroe
County. The County is aware that it may not be practical for a single contractor to provide
coverage for the entire area of the Florida Keys. County requires Contractors to provide
information regarding the geographic 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), the Middle Keys (from Channel Two to Moser Channel and
adjacent waters) and the Lower Keys (Moser Channel to Boca Grande) and adjacent waters. The
County anticipates awarding contracts to multiple contractors, for both competitive bidding
purposes and to cover each of the three geographical areas in order to provide timely and
professional installation, repair and maintenance of waterway markers.
1.04 SCOPE OF WORK
The project consists of the installation, repair and maintenance of waterway markers, including
both aids to navigation and regulatory markers (or other similar markers as applicable), as well
as the proper disposal of old or damaged markers and signs. Job invoicing documentation
submitted will include photographs of the work completed, which will be used to ensure
payment and to update the County marker data sets. Data sets may be provided to Contractors as
part of any Scope of Work issued, describing the location, and current condition of markers and
signage.
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The project will be made up of individual jobs, as described by the County in a Request for
Quotes. Individual jobs will be awarded by Task Order. The Contractor will manage each job
from beginning to end including the scheduling, labor, monitoring, provision of necessary
equipment and progress reporting to the County designee in the Marine Resources Office.
When a discrepant marker is identified (by the USCG or other law enforcement entity, or Marine
Resources Office staff) County staff will develop a Scope of Work and contact (via e-mail)
Contractors throughout the Keys, or in the applicable geographic area, and provide the
description of the work to be performed (in the Request for Quotes) including any additional
information as applicable (e.g. current data sets, current marker photographs, marker/buoy
design details). Requests for Quotes for `micro - purchases' (anticipated to be less than $3,500 in
value) may be made by phone and without a written Quote Request. Details in the Quote
Request shall include, but not be limited to the quote deadline, the location of the work,
description of the work, and any County specifications to be followed. The Contractor /s will
then respond (if they so choose) 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, based on the
lowest quote, and authorize the particular job by issuance of a Task Order detailing the work to
be performed and the quoted cost. In the event there is a tie on the low quote, the County may,
1) not accept the quotes and issue another Request for Quotes, or 2) communicate with the
respective contractors to see if any would be willing to agree to allow another contractor to be
awarded the job (in which case the respective contractor would indicate that willingness via e-
mail). If the work to be performed is extensive, complex or environmentally sensitive, the
chosen Contractor may be requested to provide a more detailed work plan for staff review and
approval prior to the issuance of a Task Order. At no time will any contractor be authorized to
undertake a job without the express authorization of Marine Resources staff via issuance of the
Task Order. It is the responsibility of the Contractor to ensure that he /she processes the correct
waterway marker /s according to the detailed description provided in the Quote Request, Task
Order, and/or USCG Discrepancy Report (or any other documentation), and that the work is
performed in totality and that any marker or marker debris removed is properly disposed of.
The Contractor will provide all necessary equipment to complete the job in a timely manner
including vessels, barges, heavy equipment, diving equipment, flotation equipment, and vehicles.
The Contractor will provide all materials needed to accomplish the assigned job (unless
otherwise indicated in the Scope of Work). The Contractor will strictly adhere to any and all
precautionary, and safety requirements which may be regulated by local, state or federal agencies
(e.g. containment booms, etc). It is the Contractor's responsibility to be aware of, and follow all
applicable local, state, and federal regulations associated with staging and construction in or out
of the water.
Contractors are required to have any applicable active licenses required to fulfill the
requirements of each particular job and are required to include in the qualification package
copies of any applicable licenses (particularly related to marine construction and/or commercial
diving). The County reserves the right to disqualify prospective bidders who have violations or
who violate state or federal laws or regulations related to the handling of hazardous materials.
Contractors shall be responsible for the job site at all times during the work.
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1.05 PROPOSAL SUBMISSION REQUIREMENTS
All responses must be received by the Monroe County Purchasing Office, 1100 Simonton Street,
Room 1 -213, Key West, Florida 33040, on or before 3:00 p.m. on February 21, 2018 Two (2)
signed originals and four (4) complete copies of each response shall be submitted in a sealed
envelope marked on the outside, "Qualifications for Installation and Maintenance of Aids to
Navigation and Regulatory Markers in Monroe County ".
A. 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.
287.133(3)(d), Florida Statute (2017). 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.
B. The County reserves the right to reject 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, maybe 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 CRIME: 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
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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.
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 RFQ (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 obligations and responsibilities
assumed under the contract.
B. Should a Respondent find discrepancies or ambiguities in, or omissions from, the
specifications, or should he be in doubt as to their meaning, he shall at once notify the
County.
1.08 INTERPRETATIONS, CLARIFICATIONS, AND ADDENDA
No oral interpretations will be made to any Respondent as to the meaning of the RFQ
documents. Any inquiry or request for interpretation received ten (10) or more days prior to the
date fixed for opening of responses may 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 Respondent 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 same. 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
Respondent 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 33050; 305/292 -2356 (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
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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 REGULATIONS
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 Respondent: The Respondent 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 Respondent 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 COPIES 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 8 -1/2" x 11" 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 Respondent must submit adequate documentation to certify the Respondent's compliance
with the County'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.
C
The response, at a minimum, shall include the following:
A. Cover Page
A cover page that reads "Qualifications for Installation and Maintenance of Aids to
Navigation and Regulatory Markers in Monroe County ". The cover page should 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 information:
I. A list of the person's shareholders with five percent or more of the stock; 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 years the person has been operating and, if different, the number of
years it has been providing the services, goods or construction services similar to
those requested in the specifications.
IV. 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.
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Tab 2. Respondent Resources and Performance. Respondent shall address the following
areas (except for VIII), which shall be used in the Selection Committee's evaluation of each
submittal in relation to the previously discussed tasks. Note that the County may establish
contracts for piling work, buoy work, or both. The respondent will indicate in I. below his
area of interest, which should be based on experience (i.e. respondents indicating an interest
in buoy work, but that have no experience in buoy work will not be considered for buoy
work). The respondent should provide a response to either II, III, or both based on the
response to I.
I. Respondent is interested in:
a) Work involving pilings with signs (Yes/No)
b) Work involving buoys (Yes/No)
II. Marker Pilings with Signs: Record of performance, prior experience in the area of
installation, repair and maintenance of `piling- based' waterway markers and
professional accomplishments including: a description of similar work completed
by the firm, any outstanding accomplishments of the firm, and any outstanding
accomplishments of the firm that relate directly to this type of work (please provide
a reference for each work cited). (20 pts.)
III. Aids to Navigation Buoys/Regulatory Buoys: Record of performance, prior
experience in the area of installation, repair and maintenance of `buoy- based'
waterway markers (and specifically the use and installation of helical embedment
anchors) and professional accomplishments including: a description of similar work
completed by the firm, any outstanding accomplishments of the firm, and any
outstanding accomplishments of the firm that relate directly to this type of work
(please provide a reference for each work cited). (20 pts)
IV. Technical, educational and training experience of the assigned staff and any
anticipated subcontracted staff. Include the proposed function(s) of subcontractors.
(10 pts.)
V. Description of vessels, vehicles, and equipment available to be used in the work to
be performed. (10 pts.)
VI. Project Approach- for Marker Pilings with Signs: 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 -frame and budget outlays to complete the project. (15 pts.)
Project Approach- for Navigation Buoys /Regulatory Buoys: 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 -frame and budget outlays to complete the project. (15 pts.)
VII. Proximity of Respondent 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 mobilize equipment and execute the jobs. (10 pts.)
VIII. County's satisfaction with respondent's past County projects in the Keys (15 pts.)
Tab 4. County Forms. Respondent shall complete and execute the forms specified below
and found at designated pages in this RFQ, as well as copies of all professional and
occupational licenses:
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I. Response Form
II. Lobbying and Conflict of Interest Clause
III. Non - Collusion Affidavit
IV. Drug Free Workplace Form
V. Public Entity Crime Statement
VI. Insurance and Indemnification Statement
Tab 5. Licenses.
I. Professional and Occupational Licenses
II. A copy of all licenses held by the respondent, including but not limited to
occupational license, any specialty license or certificate and any other relevant
license that the respondent holds and wishes the County to consider as part of the
qualifications of the respondent
III. Any license or certificate related to commercial diving work
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 County'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.
1.15 RESPONSE EVALUATION AND SELECTION PROCESS
Responses will be evaluated and scored at a publically noticed meeting by a Selection
Committee composed of the Monroe County Marine Resources Senior Administrator, the
Assistant County Administrator (over the Marine Resources Office), and the Monroe County
Planning Director (or their designees). An 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)
2. Performance record and experience in the area of piling -based marker work (20 pt)
3. Performance record and experience in the area of buoy -based marker work (20 pt)
4. Experienced/trained staff (10 pt)
5. Suitable vessels, trucks and equipment to perform the described duties (10 pt)
6. Project approach- Piling based work (15 pt); Buoy based work (15 pt)
7. Proximity of Respondent to the Keys and response time capabilities (10 pt)
8. County's satisfaction with Respondent's past projects in the Keys (15 pt)
The Selection Committee will rank the proposals in order of an average of Selection Committee
member's scores and make a recommendation to the County Commission to execute a
contract(s) with suitable Respondent(s). Responses will be scored according to the possible
points assigned. Rankings will be separated according to work with pilings or work with buoys.
Respondents interested in both types of work (and experienced in both types of work) will be
ranked in both categories. When the contract(s) is signed by the Respondent(s) and other
required documentation has been provided (Certificates of Insurance, etc), the contract(s) will be
brought before the County Commission for final approval. No binding contract is created
between any Respondent and the County until a contract is approved by the County
Commission.
1.16 AWARD OF CONTRACT
A. The County 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
Respondent or the work may be re- advertised or may be performed by other qualified
personnel as the County decides.
C. A contract will be awarded to the Respondent(s) deemed to provide the services which
are in the best interest of the County, considering price, qualifications, time frame, and
other factors deemed relevant.
D. The County 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 coverages as indicated in Section
Four. Certificates of Insurance must be provided to Monroe County prior to approval of
Contract, with Monroe County BOCC listed as additionally insured on all insurance coverages
(except Workers Compensation).
The Contractor shall defend, indemnify, and hold harmless the County as outlined on the
attached form (in Section Three).
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SECTION TWO: DRAFT CONTRACT (not to be submitted with Response)
MONROE COUNTY
CONTRACT FOR Installation and Maintenance of Aids to Navigation
and Regulatory Markers in Monroe County
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, 33050, and
( "CONTRACTOR "), whose address is
Section 1. SCOPE OF SERVICES
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 removal, installation, repair and replacement of waterway markers including
aids to navigation and regulatory markers (including piling -based makers and /or buoy -based
markers). Waterway marker work will be based on individual jobs authorized by Task Orders.
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 discrepant waterway marker (including, piling -based markers and /or buoy -based
markers) is identified, the County will contact a CONTRACTOR or CONTRACTORs (typically
via e-mail, but possibly by phone in the case of micro - purchases) and provide the details of the
job in the form of a Scope of Work, including markers needing work, location of the job, any
applicable specifications, a quote deadline, or other pertinent information. The CONTRACTOR
will then respond to the County in writing (via electronic document attached to an e-mail, or by
phone in the case of micro - purchases) with a quote for the work to be performed, a brief
description of the job and any additional pertinent information. The County will promptly choose
a CONTRACTOR based on the lowest quote, and assign the particular job. In the event there
of a tie on the low quote, the County may, 1) not accept the quotes and issue another Request
for Quotes, or 2) communicate with the respective contractors to see if any would be allow a
tying CONTRACTOR to be awarded the job. At no time will any CONTRACTOR proceed with 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 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
quote request in order to expedite the job.
The CONTRACTOR will provide all necessary and adequate equipment to complete the work
including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will
provide all materials needed to accomplish the assigned job (as specified), except for any
materials (such as signs) which may provided by the County. CONTRACTORS shall be
responsible for the job site at all times during the work.
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CONTRACTORS are required to have any applicable 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 laws, 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 CONTRACTOR's responsibility to ensure the he performs work on
the correct waterway markers.
When any work is completed the CONTRACTOR shall take representative photographs (in
landscape format) of the marker /s, including a photo of each sign replaced or repaired (with
indication of the direction the sign is facing. Photos shall be of sufficient quality for the County
to recognize the marker and signage (including language on the signs), and to ensure payment
approval by the Monroe County Clerk's Office. Photographs are considered to be an integral
part of the work and the invoicing documentation.
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:
2.1 Provide all available data and location as to the County's requirements for Task Order to
the CONTRACTOR. Designate in writing a person with authority to act on the County'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 2018, and terminate on Date 2021, 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 term.
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
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
12
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 Quotes 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 properly dispose of any markers and associated
materials removed under a Task Order.
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. The County may terminate this contract for any reason upon
fifteen (15) days notice to the CONTRACTOR.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS, SUBCONTRACTORS
7.1 All assignments of work shall be authorized in a signed Task Order 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
13
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.
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 Planning Department
2798 Overseas Highway, Suite 400
Marathon, Florida 33050
Attention: Marine Resources Senior Administrator
To the CONTRACTOR: Name, President
Company Name
Mailing address
However, if County requests a price quotation(s) from CONTRACTOR the request and
response may be done by e-mail (however, the Request for Quotes and the CONTRACTOR's
responding quote may be provided via phone for micro - purchases, and the CONTRACTOR's
quote shall be followed up with a written quote). 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 party seeking Termination and sent to the other party by certified mail.
Section 9. RECORDS
Pursuant to F.S. 119.0701, Contractor 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 required by Monroe County in order to perform
14
the service.
b. Upon request from the public agency's custodian of public records, provide the
public agency with a copy of the requested records or allow the records to be
inspected or copied within a reasonable time at a cost that does not exceed the
cost provided in Florida Statutes, Chapter 119, or as otherwise required 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 for the duration of the contract term and following completion of the contract
if the contractor does not transfer the records to the public agency.
d. Upon completion of the contract, transfer, at no cost, to Monroe County all public
records in possession of the contractor or keep and maintain public records
required by the public agency to perform the service. If the contractor transfers all
public records to the public agency upon completion of the contract, the
contractor shall destroy any duplicate public records that are exempt or
confidential and exempt from public records disclosure requirements. If the
contractor keeps and maintains public records upon completion of the contract,
the contractor shall meet all applicable requirements for retaining public records.
All records stored electronically must be provided to Monroe County, upon
request from the public agency's custodian of records, in a format that is
compatible with the information technology systems of Monroe County.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020 -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. 020 -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.
15
Section 11. CONVICTED VENDOR
A 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 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 not 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 LAW, VENUE, INTERPRETATION, COSTS AND FEES
In the event of any litigation or adversarial administrative proceeding concerning the provisions
or terms of this Agreement, the CONTRACTOR hereby agrees to expressly waive and shall be
treated as having expressly waived its right to a jury trial. The County shall not be deemed to
have waived any rights under this Agreement unless such waiver has been given by the County
both expressly and specifically. This Agreement is governed by the Monroe County
Comprehensive Plan, the Monroe County Code(s), the Florida Statutes, and any and all
applicable local, state, and federal laws and regulations, and shall be liberally construed and
enforced in favor of the County to effectuate the public purpose(s) and public interest(s) of this
Agreement. Exclusive venue for any dispute arising from or under, relating to, or in connection
with this Agreement shall be the Sixteenth Judicial Circuit in and for Monroe County, Florida.
Section 13. SEVERABILITY
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 term, 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. ATTORNEY'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, County, if it prevails, 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
16
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 law.
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 VII of the Civil Rights Act of
1964 (PL 88 -352) 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. 1681 -1683, and 1685-
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 -6107) which prohibits
discrimination on the basis of age; The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255), 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 -616), 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
290ee -3), as amended, relating to confidentiality of alcohol and drug abuse patent records; Title
VIII of the Civil Rights Act of 1968 (42 USC s. et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; The Americans with Disabilities Act
17
of 1990 (42 USC s. 1201 Note), as may
nondiscrimination on the basis of disability;
Federal or state statutes which may apply t
Agreement.
Section 20. COVENANT OF NO INTEREST
be amended from time to time, relating to
Any other nondiscrimination provisions in any
the parties to, or the subject matter of, this
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 required to
comply with the standards of conduct for public officers and employees as delineated in Section
112.313, Florida 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 SOLICITATION /PAYMENT
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. NON - WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, 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 24. 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.
18
Section 25. 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 26. NON - RELIANCE BY NON - PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this Agreement to
enforce or attempt to enforce any third -party claim or entitlement to or benefit of any service or
program contemplated hereunder, and 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 27. ATTESTATIONS
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 28. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or agreement of
any member, officer, agent or employee of Monroe County in his or her individual capacity, and
no member, officer, agent or employee of Monroe County shall be liable personally on this
Agreement or be subject to any personal liability or accountability by reason of the execution of
this Agreement.
Section 29. 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 30. 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 31. INSURANCE POLICIES
Coverage shall be maintained throughout the entire term of the contract, failure to maintain
coverage shall be considered a valid reason for County to terminate this Agreement.
19
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.
31.1 General Insurance Requirements for Other CONTRACTORS and Subcontractors
As a pre- requisite of the 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.
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:
Certificate of Insurance
or
A Certified copy of the actual insurance policy.
20
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 law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additional Insured" on all policies, except for Workers' Compensation.
31.2 GENERAL LIABILITY INSURANCE 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:
• Premises Operations
• Products and Completed Operations
• Blanket Contractual Liability]
• Personal Injury Liability
The minimum limits acceptable shall be:
$300,OOOCombined 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 twelve
(12) months following the acceptance of work by the County.
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
31.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
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:
21
• 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.
31.4 WATER CRAFT LIABILITY
Coverage shall include, as a minimum:
Injury (including death) to any Person
Damage to Fixed or Movable Objects
Contractual Liability with Respect to this Contract
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P &I) shal be subject to the approval of
the County.
31.5 WORKERS' COMPENSATION 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 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
Coverage shall be maintained throughout the entire term 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 Letter of Authorization issued by the Department
of Labor and a Certificate of Insurance, providing details on the CONTRACTOR'S Excess
Insurance Program.
22
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.
31.6 JONES ACT 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.S.C.A. subsection 688) with limits not less than $1
Million.
The CONTRACTOR shall be 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.
Section 32. 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 way 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.
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
23
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 made between the parties.
In Witness Whereof, the parties have executed this contract as indicated below.
(SEAL)
Kevin Madok, CLERK
Deputy Clerk
Secretary
Print Name
Or Two Witnesses
Print Name
Print Name
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY
Name of Mayor, Mayor
Name Contractor
Print Title and Name:
Date:
24
EXHIBIT A
Copies of Licenses:
Occupational License
Other Licenses
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COMPOSITE EXHIBIT B
Required Forms:
Response Form
Lobbying and Conflict of Interest Clause
Non - Collusion Affidavit
Drug Free Workplace Form
Public Entity Crime Statement
Insurance Documentation
26
SECTION THREE: COUNTY FORMS
(FORMS TO BE SUBMITTED WITH TABBED INFORMATION- SEE SECTION 1.13)
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RESPONSE FORM
RESPOND TO: MONROE COUNTY PURCHASING OFFICE
HISTORIC GATO CIGAR FACTORY
ROOM 1 -213
1100 SIMONTON STREET
KEY WEST, FLORIDA 33040
I acknowledge and attest receipt of Addenda No.(s)
I have included:
• Lobbying and Conflict of Interest Clause
• Non - Collusion Affidavit
• Drug Free Workplace Form
• Public Entity Crime Statement
• Insurance and Indemnification Statement
(Check mark items above, as reminder that they are included)
In addition, I have included a current copy of the following professional and occupational
licenses:
Mailing Address:
Signed:
(Name)
(Title)
Telephone:
Fax:
Date:
Witness:
(Seal)
28
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010 -1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
(Company)
"...warrants 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."
(Signature)
Date:
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
personally known to me or has produced
identification.
(name of affiant). He /She is
(type of identification) as
NOTARY PUBLIC
My Commission Expires:
29
NON - COLLUSION AFFIDAVIT
I, of the city of
my oath, and under penalty of perjury, depose and say that
according to law 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 with full authority to do so;
b. the prices in this bid 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 with
any competitor;
C. unless otherwise required by law, the prices which have been quoted in this bid
have not been knowingly disclosed by the bidder and will not knowingly be
disclosed by the bidder prior 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:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
to me or has produced
identification) as identification.
(type of
NOTARY PUBLIC
30
(date) by
(name of affiant). He /She is personally known
My Commission Expires:
DRUG -FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.087 hereby certifies that:
(Name 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.
2. 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 893 (Florida Statutes) or of
any controlled substance 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.
6. 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:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
me or has produced
identification.
NOTARY PUBLIC
My Commission Expires:
(name of affiant)
(date) by
He /She is personally known to
(type of identification) as
31
PUBLIC ENTITY CRIME STATEMENT
"A 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 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 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."
I 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.
(Signature)
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
(date) by
known to me or has produced
Date:
(name of affiant). He /She is personally
as identification.
(type of identification)
NOTARY PUBLIC
My Commission Expires:
32
Respondent's Insurance and Indemnification Statement
Insurance Requirement
Worker's Compensation
Jones Act Coverage
Recognizing that the work
CONTRACTOR's Workers'
subject to the Federal Jone s
Million.
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
governed by this contract involves Maritime Operations, the
Compensation Insurance Policy shall include coverage for claims
Act (46 U.S.C.A. subsection 688) with limits not less than $1
The CONTRACTOR shall be 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.
General Liability Coverage shall include, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Minimum limits acceptable shall be:
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability As a minimum, liability coverage for: Owned, Non -Owned and
hired Vehicles. The minimum limits acceptable shall be:
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Water Craft Liability Coverage shall include, as a minimum:
Injury (including death) to any Person
Damage to Fixed or Movable Objects
Contractual Liability with Respect to this Contract
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P &I) shall
be subject to the approval of the County.
33
Additional 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 SUBCONSULTANTS
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 County's
elected and appointed officers and employees harmless from and against (i) any claims, actions or
causes of action, (ii) 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 (iii) any costs or expenses that may be asserted against, initiated with respect to, or
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,
(B) 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.
34
RESPONDENT'S STATEMENT
I understand the insurance that will be mandatory if awarded the contract and will comply in full with all
the requirements.
Respondent Signature Date
STATE OF:
COUNTY OF:
Subscribed and sworn to (or affirmed) before me on
to me or has produced
identification) as identification.
(type of
NOTARY PUBLIC
(date) by
(name of affiant). He /She is personally known
My Commission Expires:
35
SECTION FOUR: INSURANCE REQUIREMENTS
Insurance Requirement
Worker's Compensation
Jones Act Coverage
Recognizing that the work
CONTRACTOR's Workers'
subject to the Federal Jone s
Million.
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
governed by this contract involves Maritime Operations, the
Compensation Insurance Policy shall include coverage for claims
Act (46 U.S.C.A. subsection 688) with limits not less than $1
The CONTRACTOR shall be 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.
General Liability Coverage shall include, as a minimum:
Premises Operations
Products and Completed Operations
Blanket Contractual Liability
Personal Injury Liability
Minimum limits acceptable shall be:
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Vehicle Liability As a minimum, liability coverage for: Owned, Non -Owned and
hired Vehicles. The minimum limits acceptable shall be:
$300,000 Combined Single Limit
If split limits are provided, the minimum limits acceptable shall be:
$200,000 per person
$300,000 per occurrence
$200,000 property damage
Water Craft Liability Coverage shall include, as a minimum:
Injury (including death) to any Person
Damage to Fixed or Movable Objects
Contractual Liability with Respect to this Contract
The minimum limits acceptable shall be:
$500,000 Combined Single Limit (CSL)
Coverage provided by a Protection and Indemnity Club (P &I) shall
be subject to the approval of the County.
36
Additional Information
The Monroe County Board of County Commissioners shall be named as Additional Insured on
all policies issued to satisfy the above requirements.
All insurance coverages shall be maintained throughout the entire term of the contract.
37