Item J11County of Monroe
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BOARD OF COUNTY COMMISSIONERS
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Mayor David Rice, District 4
The FlOnda Keys
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Mayor Pro Tem Sylvia J. Murphy, District 5
Danny L. Kolhage, District 1
George Neugent, District 2
Heather Carruthers, District 3
County Commission Meeting
July 18, 2018
Agenda Item Number: J.11
Agenda Item Summary #4412
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Rich Jones (305) 289-2805
n/a
AGENDA ITEM WORDING: Approval of Contract with Lower Keys Marine Towing and
Salvage, Inc. for Removal, Refloating and/or Demolition and Disposal of Derelict Vessels, Floating
Structures and Marine Debris
ITEM BACKGROUND: At its June 20, 2018, BOCC meeting the Board approved the selection of
seven contractors for the `Removal, Refloating And/Or Demolition And Disposal Of Derelict
Vessels, Floating Structures and Marine Debris, including: Arnold's Auto & Marine Repair, Inc.,
Adventure Environmental, Inc., Coffin Marine Services, Inc., Lower Keys Marine Towing &
Salvage, Inc., American Underwater Contractors, Inc., Coral Construction Company, and
Underwater Engineering Services, Inc. Subsequently, staff prepared contracts for these selected
marine contractors.
The attached contract with Lower Keys Marine Towing and Salvage, Inc. provides for a three-year
term retroactive to July 1, 2018, with the option to renew for one additional two-year term. There is
currently budgeted $156,000 in State Boating Improvement Funds (BIF) for FY'2019 for derelict
vessel/debris removals.
PREVIOUS RELEVANT BOCC ACTION:
June 2013- Approval of three year contract with Lower Keys Marine Towing and Salvage, Inc. for
derelict vessel removal work.
May 2016- Approval of two year extension of contract with Lower Keys Marine Towing and
Salvage, Inc. for derelict vessel removal work.
June 2018- Approval of selection of seven firms for derelict vessel removal work, including
Arnold's Auto & Marine Repair, Inc., Adventure Environmental, Inc., Coffin Marine Services, Inc.,
Lower Keys Marine Towing & Salvage, Inc., American Underwater Contractors, Inc., Coral
Construction Company, and Underwater Engineering Services, Inc.
CONTRACT/AGREEMENT CHANGES:
n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Contract with Lower Keys Marine Towing and Salvage, Inc.
FINANCIAL IMPACT:
Effective Date: July 1, 2018
Expiration Date: June 30, 2021
Total Dollar Value of Contract: n/a
Total Cost to County:
Current Year Portion:
Budgeted: Yes
Source of Funds: State BIF 157-62520-530340
CPI:
Indirect Costs:
Estimated Ongoing Costs Not Included in above dollar amounts:
Revenue Producing:
Grant:
County Match:
Insurance Required:
Additional Details:
If yes, amount:
07/18/18 157-62520 - BOATING IMPROVEMENT
Account 530340
REVIEWED BY:
Emily Schemper
Completed
Peter Morris
Completed
Assistant County Administrator Christine
Hurley
06/29/2018 9:00 AM
Jaclyn Carnago
Skipped
Budget and Finance
Completed
Maria Slavik
Completed
Kathy Peters
Completed
Board of County Commissioners
Pending
$0.00
06/27/2018 2:17 PM
06/27/2018 4:24 PM
Completed
06/27/2018 4:24 PM
06/30/2018 10:25 AM
07/02/2018 7:24 AM
07/02/2018 9:37 AM
07/18/2018 9:00 AM
MONROE COUNTY
CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION AND DISPOSAL
OF DERELICT VESSELS, FLOATING STRUCTURES AND MARINE DEBRIS
This Contract is made and entered into this day of by the
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ("COUNTY"), a political
subdivision of the State of Florida, whose address is the Marathon Government Center,
2798 Overseas Highway, Marathon, Florida, 33050, and LOWER KEYS MARINE
TOWING AND SALVAGE, INC. ("CONTRACTOR"), whose address is P.O. Box
4318541 # Pine Key, FL 33043.
Article 1 Representations and Warranties and Term of f
By executing this Contract,i # • M express
representations and warranties to the COUNTY:
1.1.1 The CONTRACTOR - all necessary licenses, permits,or other
authorizations necessary to act as CONTRACTOR for the COUNTY until the
CONTRACTOR'S duties hereunder have been fully satisfied.
_ CONTRACTOR shall prepare all documentation required by •
such a manner that they will be accurate, coordinated, and adequate for use in
verifying work r r## associated costs and shall be r• r
comply with all applicable law, codes, and regulations. The CONTRACTOR
warrants that the documents prepared as part of this Contract will be adequate
and sufficient to document costs in a manner that is acceptable for
reimbursement by government agencies, therefore eliminating any additional
cost due to missing or #rrect information.
CONTRACTOR1.1.3 The assumes - #r • to the extent allowed by
regards to his performance # those directly under• •
1.1. The CONTRACTOR's services shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of Tasks
expressly assigned by the COUNTY. In providing all services pursuant to this
Contract, the CONTRACTOR shall abide by all statutes, ordinances, rules and
regulations pertaining to, or regulating the provisions of such services, including
those now in effect and hereinafter adapted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this
Contract and shall entitle the COUNTY to terminate this contract immediately
upon delivery of written notice of termination to the CONTRACTOR.
times1.1.5 At all f for all purposes f the CONTRACTOR is an
independent contractor and not an employee of the COUNTY. No statement
contained in this Contract shall be construed so as to find the CONTRACTOR
any of his/her employees, subcontractors, servants, or agents to be employees
M*IP91
of the 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.
1.1.6 The CONTRACTOR shall not discriminate against any person on the basis of
race, creed, color, national origin, sex, age, or any other characteristic or aspect
which is not job related, in its recruiting, hiring, promoting, terminating, or any
other area affecting employment under this Contract or with the provision of
services or goods under this Contract.
.1.7 The effective date of this Contract shall be the last day on which this Contract is
signed by both of the parties.
1.1.8 Term of Contract. This Contract shall commence on July 1, 2013, and
terminate on June 30, 2021, unless terminated earlier under the terms of this
Contract. The COUNTY and CONTRACTOR shall have the option to renew this
Contract for one additional 2-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.
WEMMUILWOMWIMME
Article 2.0 Scope of Services. The CONTRACTOR shall do, perform, and carry out in
a professional and proper manner the Scope of Services described below.
Duties consist of retrieval, removal, refloating and/or demolition and d�isposal of derelict
vessels, floating structures and marine debris. Duties may also include M Removal and
disposal of non -derelict vessels, as applicable, and (2) To cover, remove and/or
dismantle off -premises marine signs from vessels or floating structures, and, or to
remove and dispose of, or relocate and store off -premises marine signs, or vessels or
floating structures with off -premises marine signs, as applicable. This includes proper
reclamation and disposal of associated hazardous waste and cooperation with law
enforcement where needed to properly preserve evidence using photographs and other
methods of preservation as directed by law enforcement. The project will be made up of
individual jobs authorized by task order consisting of retrieval, removal, demolition and
disposal of a vessel(s), floating structure(s) or marine debris located on the land or in
morg-11411111 Loa MR (gir-11-IRION
the initial site. Representative photographs shall be taken during the removal and agalls
at the dump site prior to demolition. The CONTRACTOR shall not be required to take
interior photois of the vessel if, in the best judgment of the CONTRACTOR, it is not sa
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to do so. Photographs should be properly dated, indicate the name of the person takI
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the photographs, and a complete set of the photographs shall be provided to the
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COUNTY with invoicing. Photographs are considered to be an integral part of the wo
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.
2.1 Correction of Errors, Omissions, Deficiencies. The CONTRACTOR shall,
without additional compensation, promptly correct any errors, omissions, deficiencies, or
conflicts in the work product of the CONTRACTOR.
2.2 Notice Requirement. All written correspondence to the COUNTY shall be dateli
and signed by an authorized representative of the CONTRACTOR. Any notice required
or permitted under this Contract shall be in writing and hand delivered or mailed,
postage pre -paid, to the COUNTY by certified mail, return receipt requested, to the
following:
To the COUNTY: Monroe County Board of County Commissioners
Marine Resources Office
Attn: Senior Administrator - Marine Resources
2798 Overseas Highway, Suite 410
Marathon, FL 33050
Kevin Freestone
Lower Keys Marine Towing and Salvage, Inc.
P.O. Box 431854
Big Pine Key, FL 33043
However, if COUNTY requests a price quotation(s) from the CONTRACTOR the
request and response thereto may be accomplished by electronic mail ("e-mail").
Selection of the CONTRACTOR by the COUNTY and the terms of the individual job
may be accomplished by e-mail notification with a Task Order M authorizing the work
to be completed, and LQ signed by the COUNTY prior to the commencement of the
work.
Furthermore, a Notice of Termination may be accomplished by e-maii, but shall be
party by certified mail, return receipt requested.
Article 3.0 County's Responsibilities
3.1 The COUNTY shall provide full information regarding requirements for the
fulfillment of authorized Task Order(s) issued to the CONTRACTOR, with the
understanding that the site conditions to which such information pertain or relate may be
subject to change.
3.2 The COUNTY shall designate a representative to act on its behalf with respeict to
said issued Task Order(s).
3.3 Approve a schedule for the completion of inddual Task Ordeir(s) mutually -
agreeable to both the CONTRACTOR and the COUNTY.
3.4 Prompt written notice shall be given by the COUNTY and its representative to the
CONTRACTOR if they become aware of any fault or defect in the work performed or
non-conformance with this Contract. Written notice shall be deemed to have been duly
served if sent pursuant to Paragraph 2.3.
3.5 The COUNTY's review of any documents prepared by the CONTRACTOR shall
be solely for the purpose of determining whether such documents are generally
consistent with the COUNTY's criteria, as, and if, modified. No review of such
documents shall relieve the CONTRACTOR of responsibility for the accuracy,
adequacy, fitness, suitability, or coordination of its work product.
Article 4.0 Authorization of Work Assignments, Subcontractors
4.1 All assignments of work shall be authorized in a signed Task Order in
accordance with the COUNTY'S policy prior to any work being conducted by the
CONTRACTOR.
4.2 Additional authorizations may contain additional instructions or provisions
specific to the authorized work for the purpose of clarifying certain aspects of the work
to be undertaken. Such supplemental instruction or provisions shall not be construed as
a modification of this Contract. Authorizations shall be dated, numbered and clearly
relate to the specific job assignment so that they can easily be related to the specific
assignment. Where available, the authorization shall refer to the name of the vessel,
and its location.
4.3 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 Contract 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
5 of 23
consent to any assignment, no assignment will release or discharge the assignor from
any duty or responsibility under this Contract. 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.
5.1 The CONTRACTOR covenants and agrees to hold harmless the
COUNTYJMonroe County and Monroe County Board of County Commissioners, and its
officers and employees, from liabilities, damages, losses, and costs, including but not
limited to, all fines, suits, claims, demands, actions;, costs, obligations, and attorney's
fees, or liability of any kind M arising out of, related to, or in connection with the
negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR,
subcontractor(s), and other persons employed or utilized by the CONTRACTOR in the
performance of the CONTRACT, or M arising out of, related to, or in connection with
[he willful non�performance of the CONTRACTOR. The CONTRACTOR shall be solely
responsible and answerable for any and all accidents or injuries to persons or property
arising out of its performance of the Contract, including those of any subcontractors.
5.2 The first ten dollars ($10.00) of remuneration paid to the CONTRACTOR 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
Contract. Should any claims be asserted against the COUNTY by virtue of any
deficiency or ambiguity in the plans and specifications provided by the CONTRACTOR,
the CONTRACTOR agrees and warrants that he shall hold the COUNTY harmless and
shall indemnify him from all losses occurring thereby and shall further defend any claim
or action on the COUNTY's behalf.
5.3 In the event completion of the work assigned (to include the work of others) is
ielayed or suspended as a result of the CONTRACTOR's failure to purchase or
maintain the required insurance, the CONTRACTOR shall indemnify the COUNTY fro
any and all increased expenses resulting from such delays. Should any claims be
asserted against the COUNTY by virtue of any deficiencies or ambiguity in the plans
trid specifications provided by the COUNTY or CONTRACTOR, the CONTRACTOR
?grees and warrants that the CONTRACTOR shall hold the COUNTY harmless and
r.hall indemnify it from all losses occurring thereby and shall further defend any claimsm
or action on the COUNTY's behalf. I
5.4 The CONTRACTOR agrees that no charges or claims for damages shall be
made by it for any delays or hindrances attributable to the COUNTY, for whatever
cause, during the progress of any portion of the services specified in this Contract. The
CONTRACTOR agrees that it shall not be entitled to damages for delay
5.5 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.
5.6 The extent of liability is in no way limited to, reduced, or lessened by t
insurance requirements contained elsewhere in this Contract. I
5.7 This indemnification shall survive the expiration or early termination of the
Contract.
6.1 Payments. The compensation available to the CONTRACTOR under this
Contract shall be determined by the COUNTY on the basis of price quotations received
from approved CONTRACTORS and the necessities of the individual job(s). The
writing with a quotation for the job, a description of the job, the amount of time by which
the CONTRACTOR can begin the particular job, and the time necessary to complete
that particular job.
For its assumption and performances of the duties, obligations, and
responsibilities set forth herein, the CONTRACTOR shall be paid in accordance with
2ssigned Tasks and completion of Tasks, based on submitted invoices. All invoices
must meet NRCS standards and requirements.
(A) If the CONTRACTOR's duties, obligations, and responsibilities are material
changed by amendment to this Contract after execution of this Contract,
compensation due to the CONTRACTOR shall be equitabily adjusted, eithe
upward or downward-, I
(B) As a condition precedent for any payment due under this Contract, the
CONTRACTOR shall timely submit proper invoices for services and work
properly rendered and reimbursable expenses due hereunder. The
CONTRACTOR's invoice shall describe with reasonable particularity the service
rendered. The CONTRACTOR's invoice shall be accompanied by such
documentation or data in support of expenses for which payment is sought at
which the COUNTY may require.
6.4 The billing rates of the CONTRACTOR for a particular job shall be determined
and mutually agreed upon in writing, by and between the CONTRACTOR and the
COUNTY, In a written Task Order prior to COUNTY authorization for the
CONTRACTOR to commence the work.
6.5 Payment Sum. The COUNTY shall pay the CONTRACTOR in current funds for
the CONTRACTOR's performance of such work.
6.6 Local Government Prompt Payment Act. Payment will be made accordimg
to the Local Government Prompt Payment Act. Any request for payment must be in a
form satisfactory to the Monroe County Clerk of Court. The request must describe in
detail the services performed, the payment amount requested, and supporting
documentation, including copies of receipts from the transfer station.
6.7 Reimbursable Expenses. Expenses potentially reimbursable by/from non -
County federal and/or state government agencies, incurred by the CONTRACTOR in
the interest of the work include the following expenses:
(A) Reimbursable expenses including transportation (excluding airfare),
lodging, meals and incidentals are included in hourly rates shown approved by
the COUNTY and CONTRACTOR for each discretely identified position.
(B) Cost of reproducing maps or drawings or other materials used in performing the
scope of services.
(C) Postage and handling of reports.
(D)All other expenses are non -reimbursable.
6.8 Budget. The CONTRACTOR may not be entitled to receive, and the COUNTY is
not obligated to pay, any fees or expenses in excess of the amount budgeted for this
Contract in each fiscal year (October 1 - September 30) by the COUNTY's Board of
County Commissioners. The budgeted amount may only be modified by an affirmative
act of the COUNTY's Board of County Commissioners. The COUNTY's performance
and obligation to pay under this Contract is contingent upon an annual appropriation by
the Board of County Commissioners and the approval of the Board members at the timQ
of Contract initiation, and its duration, and its duration and approval of NRCS and
receipt of funds by NRCS.
Article 7.1.0 Insurance
7.1.1 The CONTRACTOR shall obtain insurance as specified and maintain the
required insurance at all times that this Contract is in effect. In the event the completion
of authorized work is delayed or suspended as a result of the CONTRACTOR's failure
W=10=11nam"Esummi seam
Contract (including pre-siaging OT personnel ana MaTeriai) unill saublaummj t--T
the insurance required by this Contract has been furnished to the COUNTY as specified
herein, and where applicable the CONTRACTOR shall provide proof of insurance for all
approved subcontractors.
7.2.3 The coverage provided herein shall be provided by an insurer with an A.M. Best
rating of VI or better, that is licensed to business in the State of Florida and that has an
agent for service of process within the State of Florida. The coverage shall contain an
endorsement providing sixty (60) days' notice to the COUNTY prior to any cancellation
#,f said coverage. Said coverage shall be written by an insurer acceptable to th-e
COUNTY and shall be in a form acceptable to the COUNTY.
7.2.4 Prior to the commencement of work governed by this Contract, the
'CONTRACTOR shall obtain and maintain General Liability insurance. Coverage shall
Ite continuously maintained and include, at a minimum
(A) Premises Operations
(B) Bodily Injury Liability
(C) Expanded Definition of Property Damal
The minimum limits acceptable shall be:
5091yows 31ME
of off
to I I
of off
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 months (12) 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.
The CONTRACTOR shall maintain the insurance required by this Contract throughout
the entire term of the Contract and any extensions specified in the attached schedules.
Failure to comply with these provisions may result in the immediate suspension of all
work until the required insurance has been reinstated or replaced.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
0 Certificate of Insurance
or
0 A certified copy of the actual insurance policy.
The 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.
7.3.0 Vehicle Liability Insurance Requirements
7.3.1 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:
a Owned, Non -Owned, and Hired Vehicles
The minimum limits acceptable shall be:
0 $300,0010 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
(A) $200,000 per Person
(B) $300,000 per Occurrence
(C)$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.
7.4.0 Workers' Compensation Insurance Requirements
7.4.1 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.
7.4.2 In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with
limits of not less than:
(A) $100,000 Bodily Injury by Accident
(B) $500,000 Bodily Injury by Disease, policy limits
(C) $100,000 Bodily Injury by Disease, each employee
(D) Employer's Liability- Statutory limits
7.4.3 Coverage shall be maintained throughout the entire term of the contract.
11 of 23
7.4.4 Coverage shall be provided by a company or companies authorized to transact
business in the state of Florida.
7.4.5 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.
-1.4.6 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.
7.5.1 Prior to commencement of work governed by this Contract, the COATRACTOR
shall obtain Jones Act and/or Longshoremen and Harbor Workers Compensation
Insurance with limits sufficient to respond to the applicable state and/or Federal
statutes.
The COUNTY shall be named as an additional insured with respect to the
CO
7.5.2 The CONTRACTOR shall require its subcontractors to be adequately insured at
least to the limits prescribed above, and to any increased limits of the CONTRACTOR if
so required by the COUNTY during the term of this Contract, The COUNTY will not pay
for increased limits of insurance for subcontractors.
7.5.3 The CONTRACTOR shall provide to the COUNTY certificates of insurance or a
copy of all insurance policies including those: naming the COUNTY as an additional
insured. The COUNTY reserves the right to require a certified copy of such policies
upon request.
Article 8. Termination. Either party may terminate this contract because of the failure
of the other party to perform its obligations under the Contract. COUNTY may terminate
this contract for any reason upon fifteen days' (15) notice to the CONTRACTOR.
Article 9. Maintenance of Records. CONTRACTOR shall maintain all books, records,
and documents directly pertinent to performance under this Contract in accordance with
generally accepted accounting principles consistently applied. Records shall be retained
for a period of 7-years from the termination of this Contract or for a period of 3 years
from the date of submission of the final expenditure report in accordance with 2 CFR §
200.333, whichever is greater. Each party to this Contract or its authorized
representatives shall have reasonable and timely access to such records of each other
party to this Contract for public records purposes during the term of the Contract and for
four years following the termination of this Contract. If an auditor employed by the
COUNTY or Monroe County Clerk of Court determines that monies paid to
CONTRACTOR pursuant to this Contractor were spent for purposes not authorized by
this Contractor, or were wrongfully retained by the CONTRACTOR, the CONTRACTOR
shall repay the monies together with interest calculated pursuant to Sec. 55.03, of the
Florida Statutes, running from the date the monies were paid by the COUNTY.
Article 10. Public Access and Public Records Compliance, CONTRACTOR must
com;ply with Florida public records laws, including but not limited to Chapter 119, Florida
Statutes and Section 24 of Article I of the Florida Constitution. The COUNTY and
CONTRACTOR shall allow and permit reasonable access to, and inspection of, all
documents, records, papers, letters, or other "public record" materials in its possession
or under its control subject to the provisions of Chapter 119, Florida Statutes, and made
or received by the COUNTY and CONTRACTOR in conjunction with and in connection
with this Contract and related to Contract performance. The COUNTY shall have the
right to unilaterally cancel this Contract upon violation of this provision by the
CONTRACTOR. Failure of the CONTRACTOR to abide by the terms of this provision
shall be deemed a material breach of this Contract and the COUNTY may enforce the
terms of this provision in the form of a court proceeding and shall, as a prevailing party,
be entitled to reimbursement of all attorney's fees and costs associated with that
proceeding. This provision shall survive any termination or expiration of the Contract.
- ---------- I ---------- ------
(1) Keep and maintain public records that would be required by the COUNTY to
perform the service.
(2) Upon receipt from the COUNTY's custodian of records, provide the COUNTY
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 this chapter or as otherwise provided by law.
(3) 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 COUNTY.
(4) Upon completion of the Contract, transfer, at no cost, to the COUNTY all public
records in possession of the CONTRACTOR or keep and maintain public records
that would be required by the COUNTY to perform the service. If the
CONTRACTOR transfers all public records to the COUNTY 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 the COUNTY, upon request from the COUNTY's custodian of records,
in a format that is compatible with the information technology systems of the
COUNTY.
() A request to inspect or copy public records relating to a COUNTY Contract must
be made directly to the COUNTY, but if the COUNTY does not possess the
requested records, the COUNTY shall immediately notify the CONTRACTOR of
the request, and the CONTRACTOR must provide the records to the COUNTY or
allow the records to be inspected or copied within a reasonable time.
If the CONTRACTOR does notcomply - request • records
the COUNTY shall enforce the pu,blic records Contract provisions in accordan
with - Contract, the ! option s right tounilateral!_ - rntract upon violationof provision by - CONTRACTOR.
CONTRACTOR who fails to provide - public - r to the COUNTYor
pursuant to a valid puiblic records-ruest within a reasonable time may be
subject to penalties under Section 119.10, Florida Statutes. I
The CONTRACTOR shall nors destroy or
otherwise d•r of public rs or otherwise pro•,e
provision or otherwise pby law.
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11.1.1 Successors and Assigns. The CONTRACTOR shall not assign or subcontract
its obligations under this Contract, except in writing and with the prior written
approval of the COUNTY and consistent with the Contract, which approval shall
be subject to such conditions and provisions as the COUNTY may deem
necessary. This paragraph shall be incorporated by reference into any
assignment or subcontract and any assignee or subcontractor shall comply with
all of the provisions of this Contract. Subject to the provisions of the immediately
preceding sentence, each party hereto binds itself, its successors, assigns and
legal representatives to the other and to the successors, assigns and legal
representatives of such other party.
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relationship, contractual or otherwise, with or any rights in favor of, any third
pa rty.
(A) In the event the CONTRACTOR shall be found to be negligent in any aspect
of the service or work, the COUNTY shall have the right to terminate the
Contract after five (5) days' written notification to the CONTRACTOR.
11.1.4 Public Entities Crimes/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 contracts 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 contracto,r,
supplier, subcontractor, or consultant 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 of the Florida Statutes, for CATEGORY
TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
By signing this Contract, CONTRACTOR represents that the execution of this
Contract will not violate the Public Entity Crimes Act (Section 287.133, Florida
Statutes). Violation of this section shall result in termination of this Contract and
recovery of all monies paid hereto, and may result in debarment from COUNTY's
competitive procurement activities.
crime" and that it has not been formally charged with committing an act defined
as a "public entity crime" regardless of the amount of money involved or whether
CONTRACTOR has been placed on the convicted vendor list.
CONTRACTOR will promptly notify the COUNTY if it or any subcontractor
or subconsultant is formally charged with an act defined as a "public entity
crime" or has been placed on the convi�cted vendor list.
11.1.5 Claims for Federal Aid. CONTRACTOR and COUNTY agree that each shall
be, and is, empowered to apply for, seek, and obtain federal and state funds to
further the purpose of this Contract; provided that all applications, requests, gran)
proposals, and funding solicitations shall be approved by each party prior to
sij*ttission.
11.1.7 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.
11.1.8 No, Solicitation/P:ayment. The CONTRACTOR and COUNT-T 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
Contract 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 Contract. For the breach or violation
of the provision, the CONTRACTOR agrees that the COUNTY shall have the
right to terminate this Contract 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.
11.1.9 Employees Subject to County Ordinance Nos. 010-1990 and 020-1990. The
CONTRACTOR warrants that it has notemployed, retained or otherwise had act
on its behalf any former COUNTY officer or employee subject to the prohibition of
Section 2 of Ord Inance 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 Contract without
liability and may also, in its discretion, deduct from the Contract 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.
11.2.0 Covenant of No Interest. CONTRACTOR and COUNTY 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 Contract, and that only interest of
each is to perform and receive benefits as recited in this Contract.
Must T0110W L11 pullsions as Set TOMI in ^ppermix
but not limited to:
11.2.2 Equal Employment Opportunity. Except as otherwise provided under 41 CFR
Part 60, all contracts that meet the definition of "federally assisted construction contract"
in 41 CFR Part 60-1.3 must include the equal opportunity clause provided under 41
CFR 60-1.4(b).
mmAtLm
MwTamvel
be required to pay wages to laborers and mechanics at a rate not less than the
prevailing wages specified in a wage determination made by the Secretary of Labor. In
addition, contractors must be required to pay wages not less than once a week. The
COUNTY must place a copy of the current prevailing wage determination issued by th,-w
Department of Labor in each solicitation. The decision to award a contract or
subcontract must be conditioned upon the acceptance of the wage determination. The
COUNTY must report all suspected or reported violations to the Federal awarding
agency. The contractors must also comply with the Copeland "Anti- Kickback" Act (40
U.S.C. 3145), as supplemented by Department of Labor regulations (29 CFR Part 3,
"Contractors and Subcontractors on Public Building or Public Work Financed in Whole
IVA neirX
A
WIW IN
[011 M MIJ MAMPM t PLO MIA R... MM
regulatory authority other than Executive Order 12549.
11.2.8 Byrd Anti -Lobbying Amendment (31 U.S.C. 1352). Contractors that apply or
bid for an award exceeding $100,000 must file the required certification, Each tier
certifies to the tier above that it will not and has not used Federal appropriated funds to
pay any person or organization for influencing or attempting to influence an officer or
employee of any agency, a member of Congress, officer or employee of Congress, or
an employee of a member of Congress in connection with obtaining any Federal
contract, grant or any other award covered by 31 US.C. 1352, Each tier must also
disclose any lobbying with non-Fed�eral funds that takes place in connection with
obtaining any Federal award. Such disclosures are forwarded from tier to tier up to the
non -Federal award.
I
Section 403 of Title IV of the Agricultural Credit Act of 1978, Public Law 95-334;
and
Section 382, Title 111, of the 1996 Farm Bill Public Law 104-127; and
Codified rules for administration of the EWP program are set forth in 7 CFR 6,4.
Article 17. Governing Law, Venue, Interpretation, Costs and Fees. This Contract
shall be governed by and construed in accordance with the laws of the State of Florida
applicable to contracts made and to be performed entirely in the State. In the event
that any cause of action or administrative proceeding is instituted for the enforcement or
interpretation of this Contract, COUNTY and CONTRACT agree that venue shall lie in
the 16 th Judicial Circuit, Monroe County, Florida, in the appropriate court or before the
appropriate administrative body. This Contract shall not be subject to arbitration.
Mediation proceedings initiated and conducted pursuant to this Contract shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
Article 18. 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 Contract, the prevailing
party shall be entitled to reasonable attorney's fees, court costs, investigative, and out-
of-pocket expenses, as an award against the non -prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate
proceedings.
Article 19. Adjudication of Disputes or Disagreements. The 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
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 Contract or
by Florida law. This provision does not negate or waive the preceding provisions of this
Contract concerning termination or cancellation.
Article 20. Cooperation. In the event any administrative or legal proceeding is
instituted against either party relating to the formation, execution, performance, or
breach of this Contract, 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 Contract or provision of the services
under this Contract. COUNTY and CONTRACTOR specifically agree that no party to
this Contract shall be required to enter into any arbitration proceedings related to this
Contract.
Article 21. Severability. If any term, covenant, condition or provision of this Contract
(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 Contract, shall not be affected thereby-, and
each remaining term, covenant, condition and provision of this Contract 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 Contract would
prevent the accomplishment of the original intent of this Contract. The COUNTY and
alrew
CONTRACTOR agree to reform the Contract to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
Article 22. Authority. Each party represents and warrants to the other that the
execution, delivery and performance of this Contract have been duly authorized by all
necessary County and corporate action, as required by law.
Article 23. Binding Effect. The terms, covenants, conditions, and provisions of this
Contract shall bind and inure to the benefit of the COUNTY and CONTRACTOR and
subcontractors and their respective legal representatives, successors, and assigns
Article 24. Attestations and Truth in Negotiation. CONTRACTOR agrees to execute
such documents as COUNTY may reasonably require, including a Public Entity Crime
Statement, an Ethics Statement, and a Drug -Free Workplace Statement. Signature of
this Contract by CONTRACTOR shall act as the execution of a truth in negotiation
certificate stating that wage rates and other factual unit costs supporting the
compensation pursuant to the Contract are accurate, complete, and current at the time
of contracting. The original contract price and any additions thereto shall be adjusted to
exclude any significant sums by which the agency determines the contract price was
increased due to inaccurate, incomplete, or concurrent wage rates and other factual unit
costs. All such adjustments must be made within one year following the end of the
Contract.
Article 25. Section Headings. Section headings have been inserted in this Contract as
a matter of convenience of reference only, and it is agreed that such section headings
are not a part of this Contract and will not be used in the interpretation of any provision
of this Contract.
Article 26. Execution in Counterparts. This Contract 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 Contract by signing any such counterpart.
In Witness Whereof, the parties have executed this contract as indicated below.
wayn
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ALOUIZue =1111DIRL911111011w�
Deputy Clerk David Rice, Mayor
By-
W�,A—
&—ess (Si nature)
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Wit ess (Print blame)
By
Witness (Signature)
ley:
Witness (Print Nam'
STATE OF '
COUNTY OF
Print name and title- ''a.
On behalf of: • • r and
Salvage, Inc.
I-Da-har-e-anin.....•instrument was acair -r•-aand attested before day *'
,s by
or produced
•+>r • • take an oath.
ANTHONY J. GROSSE � S,
Notary Public - State of Florida
m Commission # FF 912034
a`Y my Comm. Expires Aug 24„ 2019
OF V. Banded through National Notary Assn.'°
OF V.
t
Print Name
ar L0101043 0 to,. •
Client: 31865 LOWilERKEY
ACORDDATE IMMrDDrYYYY}
, 2106l2018
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must he endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER - CONTACTNAME� Lynn Lawlor
Starkweather & Shepley (WE) PHONE 203-735-5115 , Na : 860-940-6811
AIC NoExt
Insurance, Inc. E-MAIL
ADDRESS:
PO Box 549 INSURERIS) AFFORDING COVERAGE NAIC i#
Providence, RI 02901-0549 INSURER A: Travelers 1004461
INSURED INSURER. B :
Lower Keys Marine Towing & Salvage, Inc
INSURER C
D1BfA Tow Beat US Big Pine Key
INSURER D
P.O. Box 431854
INSURER. E :
Big Pine Key, FL 33043-1854
nnerea Ares f'=0T1Clr`ATG MIlIUIMaP-
REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR
LTR
----
TYPE OF INSURANCE
ADDL'SUBRy
INSR
WVD
POLICY NUMBER_.. ....
POLICY EFF
M...MIDD/Y YY
POLICY EXP
MMlODIYYYY
LIMITS
A
COMMERCIAL GENERAL LIABILITY
ZOL14P3701A18ND
1113112018�0113112019
EACH OCCURRENCE
$1 000,000
CLAIMSMADEt ;1 OCCUR
I'
PREMISESOfEa occu r nce)
$ 100,000
MED EXP (Any one person)
$ 101000
_,...._..__
PERSONAL & ADV INJURY
$1 000,000
GENERAL AGGREGATE _-
s 2,000,000
GEN'L AGGREGATE LIMITAPPLIES PER:
-,.... L
PRO-
_ POLICY JECT LOG
..,.,_...
PRODUCTS- COMP/OP AGO
-_-__
,..
-s2,000,000 _.
OTHER:
-.-.- ...
$
AUTOMOBILE
LIABILITY
_-
-
_-
SINGLE LIMIT
('Es
CEa accident _,
$
BODILY INJURY (Per person)
! $-
ANY AUTO
BODILY INJURY (Per accident)
--- -
$
ALL OWNED ---- SCHEDULED
AUTOS AUTOS
NON -OWNED
PROPERTYDAMAGE
$
HIRED AUTO AUTOS
-
UMBRELLA LIAR 1 OCCUR
(
EACH OCCURRENCE
$
AGGREGATE
$
EXCESS LIAR CLAIMS -MADE
DEO RETENTION$
5 ..
WORKERS COMPENSATION
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_
AND EMPLOYERS' LIABILITY Y 1 N
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ANY PROPRIETORPPARTNERIEXECUTIVEi
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OFFICERIMEMBER EXCLUDEDS
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E L DISEASE- EA EMPLOYEE....
$
EL. DISEASE - POLICY LIMIT
_
$
If yes, describe under
DESCRIPTION OF OPERATIONS below
A P & I ZOL14P3701A18ND 0113112018 0113112019 1,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS t VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached it more space is required)
P & 1 includes Jones Act, Collision & Towers Liability
Vessels: 1997 26' Sea Cat, 1998 26" Glacler Bay and 2008 21° Carolina Skiff
Certificate Holder is included' as Additional Insured ATIMA with respect to
General Liability and P&I for purpose of Derelict Vessel Removal
Monroe Count Board of CQlBrlt SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
y y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Commissioners ACCORDANCE WITH THE POLICY PROVISIONS.
2798 Overseas Hwy
Marathon, FL 33050 AUTHORIZED REPRESENTATIVE
I C 1988-2914 ACORD CORPORATION. All rights reserved.
ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD
#S10905561M1090551 INLL
D
ATEDD/YYYY)CERTIFIINSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW, THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) roust be endorsed. If SUBROGATION IS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsements)
FFI,d,
CE:R CONTACT
NAME: Lamet Hernandez
up PHONE FAX
S pixie Hwy #1 OZAAL �`_..0.5.-2.7.877
City FL 33IO34 aacREss: ____.._..__...,..-. _.-.-.._..._.._-_,_-
INSURED Lower Keys Marine Towing & Salvage Inc
PO BOX 431854 INs lRtl Cq
Big Fine Key FL 33043 rv€suRErz Dr
r.r'1V1PParFfi rr-PTIFIr`.ATF NIIIIdIRPPz REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION
OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE
BEEN REDUCED BY PAID CLAIMS.
INSR i:. IRDfiL SilBR
LTR TYPE OF INSURANCE r V. POLICY NUMBER
_..-_
i %ILIGY EFF POLICY EXP
PA NildD1Y'fYY i;1.IDDIYYYY LIMITS
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GENERAL LIABILITY...
'
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PERSONAL &ADVINJURY _ ....._ ......_.._.. ._...
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AGGREGATE S
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GCN L AGGREP TE LA-AIT APPLIES PER,
I...PRODUCTS - COMPIOP RGG 5
3 POLICY I Jn,CT LacPRO
Y
�UiUINED.SIvGLE L.IMIT'ADT9AORILE.IIA3#LITY .__..
. Qo,flao-a
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aY
ANY AUTO
BODILY INJURY (Per perpn)i $
Al OWNED SCHEDULED
I •' AJTS AUTQi
..
.�
uO?!LY INiL§Y (Par accident)
04/28/201$ c=r2 12iiPRCPtrll
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NON-OWNED
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'` IiIRELiPIiTtUS I ?,UTOS I j
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I ;_jFeracctlena..... .-___..__-...._.__ -... .. ..,... --
UMBRELLA 1.€AB i OCCUR IF —
EACH OCCURRENCE S
EXCESS LIAR I , CLAIMS -MADE _
. AGGREGATE � S
DEC) ` RETENTIONS
WORKERS COMPENSATION
i 1 1C 5 , ATU OTH
I Tt7n'Y Ll i I �R
AND E41 PLOYERS' LIABILITY Y! N r--
PRO
7 I
I ANY R ETORIPARTNERIEXECUTIVE I
NfFS
r.,L EACH ACCIDENT S
- O r CJ .1Eh R �XG!-U'DED 4
atory in
(i'i ttdata Ira ndW
i E.L.DISEASE - EA EMPLOYE
I cs under Ir^^J ..:.,,, _.__.
L LIS- r PF
;.. ___. ,r
_ __ .L DISEASE - POLJCY UM11T `a
I I
i
DESCRIPTION OF OPERATIONS 1 LOCATIONS f VEHICLES (At ach ACORD 101, Additional Remarks Schedule, if snare space is required)
----------
arfxviWl
3
Monroe County Board of Commissioners SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
2795 Overseas Hwy ACCORDANCE W THE POLICY PROVISIONS.
Marathon FL 33050
AUTHORIZED REPRESENTATIVE,'
ACORD 25 @ 1 80-2010 ACORD CORPORATION. All rights reserved,
(2010105) The ACORD name and logo are registered r2s of ACORD