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Item H1 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: March 19, 2014 Division: Growth Management Bulk Item: Yes X No _ Department: Marine Resources Office Staff Contact Person/Phone#: Richard Jones/289-2805 AGENDA ITEM WORDING: Approval of Amendment No.10 to the 2006 Agreement with DRC Emergency Services, LLC extending the Agreement through February 28, 2015, providing for continuous marine debris removal services by the same vendor throughout the entirety of the 2014 hurricane season. ITEM BACKGROUND: Monroe County has a long term Agreement with DRC Emergency Services, LLC (DRC) for the recovery and disposal of disaster related marine debris. The Agreement expired February 28, 2014. Staff is recommending an extension to the Agreement, retroactive to March 1, 2014, through February 28, 2015, in order to provide continued marine debris recovery service, and avoid the potential of changing vendors during hurricane season. The amendment would ensure seamless coverage by the same vendor throughout the entirety of the 2014 hurricane season. Staff anticipates bringing a Request for Bids for marine debris recovery services to the Board for approval to advertise in the near future, in order to provide for a new marine debris recovery agreement to be effective March 1,2015. PREVIOUS RELEVANT BOCC ACTION: September 2006-Approval of long term Agreement with DRC November 2006-Approval of Amendment No.l allowing removal of vessels of"special consideration" August 2007-Approval of Amendment No.2 allowing direct billing of tipping fees September 2007-Approval of Amendment No.3 extending the agreement for one year September 2008-Approval of Amendment No.4 extending the agreement for one year August 2009-Approval of Amendment No.5 extending the agreement for one year May 2010- Approval of Amendment No.6 extending the agreement for one year and amending Attachment A and Attachment B July 2011-Approval of Amendment No.7 extending the agreement for one year August 2012-Approval of Amendment No.8 extending the agreement through April 19, 2013 April 2013-Approval of Amendment No. 9 extending the agreement through February 28,2014 CONTRACT/AGREEMENT CHANGES: Amendment to extend the 2006 DRC Agreement from 03/1/2014 through 2/28/2015. STAFF RECOMMENDATIONS: Approval TOTAL COST: N/A INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes_ No PER ONTH YearAPPROVED BY: County Atty X� O rOW urchasing Risk Management7X DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM# MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: DRC, LLC Contract# Effective Date: 03/01/2014 Expiration Date: 2/28/2015 Contract Purpose/Description: Amendment#10 to the 2006 Agreement with DRC Emergency Services, LLC extending the Agreement through February 28, 2015, providing for continuous marine debris removal services by the same vendor throughout the entirety of the 2014 hurricane season. Contract Manager: Richard Jones 2805 Marine Resources Office/11 (Name) (Ext.) (Department/Stop #) for BOCC meeting on 03/19/2014 Agenda Deadline: 03/04/2014 CONTRACT COSTS Total Dollar Value of Contract: $ N/A Current Year Portion: $ Budgeted? Yes❑ No ❑ Account Codes: - - - - Grant: $ - - - - County Match: $ - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e .maintenance, utilities, janitorial, salaries,etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director Yes[:] No❑..,w,F ` Risk Management � ..• Yes[:] No ...� _ O.M.B./Purchasing w Yes❑No County Attorney � Yes[:] NoQ� Comments: OMB Form Revised 2/27/01 MCP#2 AMENDMENT NO.10 TO AGREEMENT BETWEENC EMERGENCY SERVICES, LLC AND MONROE COUNTY,FLORIDA THIS AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this 19th day of March, 2014 between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC")and DRC Emergency Services,LLC(hereinafter"DRC"). WHEREAS, the parties entered into a non-exclusive agreement (Agreement) on September 20, 2006, for removal of hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict vessels; and WHEREAS,the Agreement allows for five(5)additional one(1)year extensions on the same terms and conditions with approval from the BOCC; and WHEREAS,this Agreement was extended for one year commencing on September 20, 2007, again on September 20, 2008, again on September 20, 2009,again on September 20, 2010, and again on September 20, 2011, and was extended again commencing on September 20, 2012 through April 19, 2013, and was extended again commencing on April 20, 2013 through February 28, 2014; and WHEREAS, other provisions of the Agreement were amended on November 15, 2006 and again on August 15,2007; and WHEREAS, Exhibit A and Exhibit B of this Agreement were amended on May 19,2010; and WHEREAS,the Agreement with DRC expired February 28, 2014; and WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to continue to have a vendor under contract in order to remove vessels, traps, and other debris that may be generated by future storm events or other natural disasters; and WHEREAS, it is deemed in the best interest of the County to have marine debris recovery services provided by a single vendor throughout the entirety of hurricane season; and WHEREAS, it is deemed in the best interest of the County to extend the Agreement with DRC, retroactive to March 1, 2014,beyond hurricane season,through February 28,2015; NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree to as follows: 1. Section 1.2 of the September 20, 2006 Agreement is hereby amended as follows: This Agreement shall be extended,retroactive to March 1,2014,through February 28, 2015. 2. The remaining provisions of the Agreement dated September 20, 2006 as previously amended, not inconsistent herewith,remain in full force and effect. DRC Amendment 2-28-2014 1 IN WITNESS WHEREOF,the parties have set their hands and seal on the day and year first above written. (SEAL) ATTEST: AMY HEAVILIN, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk Mayor Sylvia Murphy WITNESSES: DRC EMERGENCY SERVICES,LLC 1. By: Print Name: Print Name: 2. Title: Print Name: MONK 0 ED N TTORNEY AP T FORM Date: DRC Amendment 2-28-2014 2 A� CERTIFICATE OF LIABILITY INSURANCE °Aati11/20 4"r' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTERTHE COVERAGE AFFORDED BYTHE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the pollcy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terns 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 O C MCGRIFF,SEIBELS&WILLIAMS OF TEXAS,INC. NAME: 5080 Spectrum Dr.,Suite 900E PHONE , (469)232-2100 FAX No Addison,TX 75001 E-MAIL ADDRESS: INSURER S AFFORDING COVERAGE NAIC# INSURER A:Starr Sur [us Lines Insurance COMDanv 13604 INSURED DRC Emergency Services,LLC INSURER B:Starr Indemnity&Liability Company 38318 740 Museum Drive INSURER C:Federal Insurance Com an 20281 Mobile,AL 36608-1940 INSURER D: INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER:PTG4S4EY 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. ILTR TYPE OF INSURANCE ma 2nip— POLICY NUMBER MM/DDY EFF MM/DD EXP LIMITS A GENERAL LIABILITY SLSLEIL72029414 01/31/2014 01/31/2015 1,000,000 EACH OCCURRENCE $ X COMMERCIAL GENERAL LIABILITY PREMISES Ea occurrence $ 50,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,000 X PERSONAL&ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000 X POLICY PRO- LOC $ B AUTOMOBILE LIABILITY SISIPCA08285214 01/31/2014 01/31/2015 COMBINED SINGLE LIMIT Ea accident 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED X BODILY INJURY Per accident $ AUTOS AUTOS ( ) X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ IAUTOS Peracadent A UMBRELLA LIAB [I OCCUR SLSLXNV73021814 01/31/2014 01/31/2015 EACH OCCURRENCE $ 10,000,000 Follow Form X EXCESS LIAB CLAIMS-MADE X AGGREGATE $ 10,000,000 DED I I RETENTION$ $ C WORKERS COMPENSATION 004 4727472 X WC STATU- OTH- AND EMPLOYERS'LIABILITY Y/N Includes USH&L 01/31/2014 01/31/2015 ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEE $ 1,000,000 If yes,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ A Contractors Pollution SLSLEIL72029414 01/31/2014 01/31/2015 Each Occurrence 1,000,000 X Policy Aggregate $ 1,000,000 Deductible Each Loss $ 20,000 $ $ DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (Attach ACORD 101,Additional Remarks Schedule,If more space is required) Project: Marine Debris Removal Monroe County Board of County Commissioners is included as Additional Insured(except on Workers Compensation)as required by written contract. The above referenced policy(s)include a waiver of subrogation in favor of Monroe County Board of County Commissioners. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. Monroe County Board of County Commissioners Attn: Rich Jones AUTHORIZED REPRESENTATIVE 2798 Overseas Hwy �-" / Marathon,FL 33050 Page 1 of 1 ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD AGREEMENT BETWEEN DRC EMERGENCY SERVICES LLC AND MONROE COUNTY, FLORIDA FOR PROFESSIONAL SERVICES This Agreement ("Agreement") made and entered into this 04b%cay of 2006 by and between MONROE COUNTY, a political subdivision'of the St to of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County Board of County Commissioners ("BOCC"), and DRC EMERGENCY SERVICES LLC, a limited liability company organized under the laws of Alabama, authorized to transact business in the State of Florida, its successors and assigns, hereinafter referred to as "DRC". The word "parties" shall refer to both DRC and COUNTY. WHEREAS, COUNTY requires professional services as may be required to effect the removal of hurricane debris including lobster traps, canal debris, marine debris including abandoned/derelict vessels, and other derelict vessels requested to be removed by COUNTY; and WHEREAS, COUNTY has sought a contractor for the project through a Request for Bids; and WHEREAS, DRC was awarded the bid over other contenders; and WHEREAS, DRC represents that it is capable and prepared to provide such services to COUNTY, and; NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements stated herein, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, COUNTY and DRC agree as follows: ARTICLE I —EFFECTIVE DATE, TERM OF AGREEMENT 1.1 The effective date is the date of this Agreement after execution by all parties, shall be retroactive to June 2006. 1.2 The term of the Agreement shall be for a one(1)year period, unless otherwise terminated as provided herein. COUNTY shall have the option of extending the Agreement for five (5)additional one (1)year periods at the same terms and conditions with approval from the BOCC. Increase in compensation shall be available at the time of approval. Such extension shall be in the form of a written Amendment executed with the same formality as this Agreement. ARTICLE 2 —SERVICES TO BE PERFORMED BY DRC 2.1 DRC shall be prepared to respond to any of the following types of events: Hurricanes, tornadoes, floods, wildfires, oil spills, mass migration, hazardous materials, terrorist attacks, Weapons of Mass Destruction (WMD) incidents disease carrying vector control, biological and viral threats, fires and explosions, and other natural and man made events. 2.2 DRC shall perform services stated in the Scope of Work, EXHIBIT A, subject to subcontracts approved pursuant to Article 10, as may be specifically authorized by COUNTY. Such authorizations will be referred to as Task Orders. Each Task Order will set forth a specific scope of services, rate/amount of compensation, estimated completion date, and other pertinent details of the task in authorized. This clause does not restrict COUNTY from utilizing its own work force, labor and/or equipment to perform said services. ARTICLE 3—COMPENSATION 3.1 COUNTY shall pay DRC in accordance with the Fee Schedule EXHIBIT B, which is attached, hereto and incorporated by reference as part of this Agreement. If needed, compensation may be negotiated as a lump sum or not-to-exceed amount for any Task Order containing a task covered by the scope of work of this Agreement but to which the fee schedule cannot readily be applied. 3.2 DRC shall submit semi-monthly invoices for services rendered. Invoices must reference the Task Order number. Invoices shall include a statement of progress and appropriate audit quality detail to satisfy the reasonable requirements of any Federal or state agency, which may provide potential reimbursement of the costs associated with this Agreement. DRC shall be paid according to the Florida Prompt Payment Act, Florida Statute 255.0705—255.078 subsequent to submission of a complete invoice for services including the supporting documentation. DRC will be paid for those items not in dispute and disputed items will be resolved as expeditiously as possible and paid within 30 days of a resolution. 3.3 If such state or federal agencies require additional explanation or an adjusted format of the information submitted, DRC will make reasonable and necessary changes and provide appropriate personnel as required to work and negotiate with such agencies on COUNTY'S behalf. 3.4 Payment to DIRC by COUNTY is not contingent upon COUNTY being reimbursed by the Federal or state agency. Payment to DRC will be made for any work directed by COUNTY, which may be determined by Federal and state agencies to be ineligible for reimbursement. COUNTY IS NOT RESPONSIBLE FOR PAYMENTS TO DRC FOR WORK NOT DIRECTED BY COUNTY. 3.5 All invoices shall be delivered to: Mr. George Garrett Division of Growth Management Department of Marine Resources 2780 Overseas Highway, Suite 420 Marathon, Florida 33050 3.6 In order for both parties herein to close their books and records, DRC will clearly state"FINAL INVOICE"on DRC'S final/last billing to COUNTY. This certifies that all 2 4-P services have been properly performed and all charges and costs have been invoiced to COUNTY. COUNTY, in writing, must agree to such certification. 3.7 COUNTY will retain 10% of the payment under each Task Order unit until such time as the entire project is completed to COUN-TYS satisfaction. 3.8 COUNIYS performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. ARTICLE 4— INSURANCE 4.1 DRC shall name COUNTY as additional insured on COUNTY'S insurance policies and all other requirements found to be in the best interest of Monroe County as may be imposed by the Monroe County Risk Management Department. DRC has provided the COUNTY with a Certificate of Insurance from Gray Insurance Company, see attached hereto and made a part hereof as Exhibit C. DRC shall maintain the insurance as listed on EXHIBIT C. 4.2 Notwithstanding the provisions of See. 768.28, Florida Statutes, the participation of COUNTY and the DRC 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 COUNTY be required to contain any provision for waiver. ARTICLE 5—STANDARD OF CARE DRC shall exercise the same degree of care, skill, and diligence in the performance of the services as is ordinarily provided by a comparable professional under similar circumstances. DRC warrants that skilled and competent personnel shall perform all services to the highest professional standards. ARTICLE 6— INDEMNIFICATION DRC agrees to protect, defend, indemnify, and hold harmless COUNTY, its employees and representatives, from any and all claims and liabilities, for which COUNTY, its employees and representatives, can or may be held liable as a result of injury (including death)to persons or damage to property occurring by reason of any acts or omissions of DRC, its employees or agents, arising out of or connected with this Agreement. COUNTY shall not be required to indemnify DRC. ARTICLE 7-1 T CONTRACTOR DRC undertakes performance of the services as an independent contractor and shall be wholly responsible for the methods of performance. COUNTY shall have no right to supervise the methods used, but COUNTY shall have the right to observe such performance and shall report to the BOCC regarding the progress, the methods used and the correctness or incorrectness of said methods. 3 iff-T All performance will be in accordance with all applicable state, federal and county ordinances, rules and regulations, and DRC will be responsible for performance to obtain the maximum possible reimbursement from applicable agencies. ARTICLE 8—NO PLEDGE OF CREDIT DRC shall not pledge COUN-1YS credit or make it a guarantor of payment of surety for any contract, debt, obligation,judgment, lien or any form of indebtedness. ARTICLE 9—GOVERNMENT TO PRACTICE DRC represents and warrants that it has and will continue to maintain all licenses, registrations and approvals required to conduct its business, and that it will at all times conduct its business activities in a reputable manner. ARTICLE 10—COMPLIANCE WITH LAWS * In performance of its services, DRC will comply with applicable regulatory requirements including federal, state, county, special district and local laws, rules, regulations, orders, codes, criteria and standards. ARTICLE 11 —SUBCONTRACTING COUNTY reserves the right to accept the use of a sub-contractor by DRC or to reject the selection of a particular sub-contractor and to review the capabilities of any sub- contractor to properly perform under this Agreement, unless expressly provided for therein, such approval shall in no manner or event be deemed to impose any additional obligation upon the Board. DRC agrees that any contracts it enters into with any subcontractor shall comply with all of the provisions of this agreement. ARTICLE 12- FEDERAL AND STATE TAXES County is exempt from payment of Florida State Sales and Use taxes. The DRC shall not be exempted by virtue of COUNTY'S exemption from paying sales tax to its suppliers for materials used to fulfill its obligations under this contract, nor is the DRC authorized to use COUNTY'S Tax Exemption Number in securing such materials. The DRC shall be responsible for any and all taxes, or payments of withholding, related to services rendered under this agreement. ARTICLE 13—GOVERNMENT'S RESPONSIBILITIES COUNTY shall be responsible for providing access to all project sites, and providing information required by DRC which is available in the files of COUNTY and not restricted by law, litigation or privilege. ARTICLE 14—TERMINATION OF AGREEMENT COUNTY may terminate this contract for use with fifteen (15) days notice to DRC. Cause shall constitute a breach of the obligations of DRC to perform the services enumerated as DRC'S obligations under this Agreement. Either of the parties hereto 4 11_� J1 • :• 1 : is .' • ! • • • • • • ARTICLE 18—SEVERABILITY The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way affect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. The parties further agree to reform the Agreement to replace and stricken provision with a provision that comes as close as possible to the intent of the stricken provision. ARTICLE 19—ENTIRETY OF AGREEMENT The parties agree that this Agreement sets forth the entire agreement between them, and that there are not promises or understandings other than those stated herein. This Agreement supersedes all prior contracts, repirdsentations, negotiations, letters or other communications between COUNTY and DRC pertaining to the services, whether written or oral. None of the provisions, terms and conditions contained in this Agreement may be added to, modified, superseded or otherwise altered except by written instrument executed by the parties hereto. ARTICLE 20—MODIFICATION This Agreement may not be modified unless such modifications are evidenced in writing signed by both COUNTY and DRC. Such modifications shall be in the form of a written Amendment executed by both parties. ARTICLE 21 — SUCCESSORS AND ASSIGNS, ASSIGNMENT COUNTY and DRC each binds itself and its partners, successors, assigns and legal representatives to the other party to this Agreement and to the other party's partners, successors, assigns and legal representatives. DRC shall not assign this Agreement without express written approval of the BOCC executed in the same manner as this Agreement. ARTICLE 22- OWNERSHIP OF THE DOCUMENTS Any and all documents, records, disks, original drawings, or other information shall become the property of COUNTY for its use and/or distribution as COUNTY may deem appropriate. ARTICLE 23— NOTICE Any notice or demand required or permitted under this agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party by certified mail, returned receipt requested, to the following: 6 FOR COUNTY: Mr. George Garrett Division of Growth Management Department of Marine Resources 2780 Overseas Highway, Suite 420 Marathon, Florida 33050 AND Mr. Thomas Will! Monroe County Administrator 1100 Simonton Street, Room 2-205 Key West, Florida 33040 FOR DRC: DRC Emergency§ervices LLC 740 Museum Drive Mobile, Alabama 36608 Attn: Contract Administrator Facsimile transmission is acceptable notice and is effective when received so long as the original of the notice is additionally mailed, postage prepaid, to the other party by certified mail, returned receipt requested. Notices shall be effective when received at the addresses as specified above. Changes in the respective addresses to which such notice is to be directed may be made from time to time by either party by written notice to the other party. Nothing contained in this Article shall be construed to restrict the transmission of routine communications between the parties or their representatives; however, facsimile transmissions received (i.e. printed)after 5:00 p.m. or on weekends or holidays, will be deemed received on the next business day. The original must be additionally mailed. ARTICLE 24—AGREEMENT ADMINISTRATION Services of DRC shall be under the general direction of COUNTY Administrator, or his designee, who shall act as COUNTY'S representative during the term of this Agreement. ARTICLE 25—TASK ORDER/PERFORMANCE Task Orders shall be executed bilaterally and the scope of services and format of Task Orders shall be mutually agreed to by DRC and COUNTY. COUNTY shall have the right to correct for vendor default or underperformance by any means it deems in its best interest. DRC will be required to provide a weekly report on quantity of work performed under each Task Order. ARTICLE 26- BONDS DRC will furnish a performance and payment bond for any and/or all Notices to Proceed. 7 ARTICLE 27-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. ARTICLE 28- CLAIMS FOR FEDERAL OR STATE AID DRC 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 Agreement; provided that all applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. ARTICLE 29- 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 COUNTY, when performing their respective functions under this Agreement within the territorial limits of 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 COUNTY. ARTICLE 30 - LEGAL OBLIGATIONS AND RESPONSIBILITIES Non-Delegation of Constitutional or Statutory Duties. 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 COUNTY, except to the extent permitted by the Florida constitution, state statute, and case law. ARTICLE 31 - 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 COUNTY and the DC agree that neither COUNTY nor DRC 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. ARTICLE 32 -ATTESTATIONS DRC agrees to execute such documents as COUNTY may reasonably require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-Free Workplace Statement. 8 ARTICLE 33- 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. ARTICLEEXECUTION 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. ARTICLE 35 - 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. _ITNESS WHEREOF the parties hereto have executed this Agreement on the ;first written above in four(4) counterparts, each of which shall, without * pig ting for the other counterparts, be deemed an original contract. ' BOARD OF COUNTY COMMISS NERS -IDA4 Y L. OLHAGE, CLERK OF MON OUNTY, FLORIDA By: Z y. Deputy erk Mayor Charles " nny" McCoy Date: Date: SW 0 Giiv W` ess t C: ^i DRC er VeNices C J Y: ign ' ontion Print Na e P nt Name 0 0 -n Date: Date: a n r - MONROE COUNTY ATTOR mf APPROVED AS O FO ` 2 00 NA ILEENE W CASSEL'- .-sue ASSISTANT COUNTY ATTOR Y c° W C-) y-!0-®G n M X, M Date C3 9 EXHIBIT A SCOPE OF WORK FOR MARINE DEBRIS Lobster traps, Marine Debris, and Abandoned Vessels Lobster Trap Removal DRC will be responsible for managing the removal and disposal of lobster traps destroyed or substantially damaged as the result of the 2005 and subsequent hurricane seasons within the life of the Agreement; to include the identification of locations in the water of where significant trap debris exists, working with the Monroe County Commercial Fisherman (MCCF) or other entities as appropriate to locate, remove, and dispose or traps, and oversight of field monitoring, and billing for the project. Detailed Responsibilities: • DRC will be responsible for locating appropriate Temporary Debris Sites and Reduction Sites • DRC will provide management and oversight for County designated temporary debris sites to manage trap line, funnels, and buoys prior to appropriate disposal. Sites can be at fish houses or commercial fishing related facilities. Disposal sites for wood and concrete portions of traps will be as follows — various County designated offshore sites in the Gulf and Atlantic Ocean. Site ID Estimated Depth (Feet) Latitude Longitude 01 40 24.51244 -82.14985 02 33 24.49513 -81.96367 03 31 2451528 -81.82093 04 28 24.54376 -81.62800 05 40 24.56686 -81.44104 06 43 24.60182 -81.28612 07 39 24.64480 -81.13454 08 27 24.77655 -80.78988 09 14 24.89500 -80.58864 10 23 25.02491 -80.41809 11 26 25.14859 -80.28529 12 34 25.28558 -80.18986 13 20 24.96675 -81.34483 ambit n 9/01/06 77­ 2.�. f 6 _ ;;-Ll- O 1 w . tl�tt�r ams • Determine locations of significant lobster trap debris in an area from Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to include municipalities. No effort should be made to assess the area within the bounds of Everglades National Park. Assessment of debris locations should not extend beyond %2 mile further toward the ocean or gulf from the islands connected by U.S. highway 1, unless there are known shallow water flat areas which may harbor trap debris. In addition, a less detailed assessment of the existence of lobster trap debris should be completed for the area ten miles (plus or minus) west of Key West. • Traps to be removed will include only those that have washed up on shallow water "flats" in the Keys or which otherwise exist in the near shore environment of the Keys and are tangled with other trap material (trap lines particularly); such that these traps cannot be construed as being active or functional for"fishing." • DRC will provide supervision and project oversight as required by FEMA, the State of Florida, and the County in conjunction with County staff and/or a monitoring firm employed by the County. Monitoring will include determination of actual trap removal counts of complete or partial traps and coordination with FEMA, the State of Florida,or Monroe County for verification of such counts. Exhibit A 9/01/06 -2- • Monroe County will maintain an independent monitoring team representing the County as the project applicant. • DRC will be responsible for the management of all project expenses and billing documentation as will be required by FEMA,the State of Florida, and the County • DRC through separate sub-contract(s) will accept the assistance of any other valid, qualified contractor as needed to assist in this project. DRC reserves the right to solely determine if the sub-contractor in question, is qualified to participate in this project. Canal and Near Shore Debris Clean-un DRC will be responsible for managing the removal and disposal of marine debris in manmade canals which has resulted from the impacts of the 2005 and subsequent hurricane seasons within the life of the Agreement. Efforts are to include the identification of locations in the water of where significant marine debris exists, contracting with local marine contractors to, locate, remove, and dispose or marine debris, and oversight of field operations for the project. Detailed Responsibilities: • DRC will be responsible for locating appropriate Temporary Debris Sites and Reduction Sites • Management and oversight of County designated temporary debris sites for storage of marine debris prior to appropriate final disposal. • Determine locations of marine debris in manmade canals within an area to include Key West to Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to include the municipalities. The definition of manmade canal shall be that found in the Monroe County Code of Ordinances as follows: Man-made water body means a water body that was created by excavation by mechanical means under human control and shall include a canal, cut basin, or channel where its edges or margins have subsequently been modified by natural forces (See Definitions, Chapter 9.5-4 (M-4). (1) For the purposes of this chapter, such water bodies may have natural components, for instance a channel or canal may have been dredged such that the dredge material was used to create land on one side, but not the other, thus leaving a relatively natural shoreline on the opposite side. (2) Also for the purposes of this chapter, the man-made water body must have "Buildings," as defined in Chapter 9.5-4 (B-9), along its shoreline to be applicable. if buildings are not present on a given shoreline on the date of adoption of this ordinance, but such buildings are constructed at a later date, then this ordinance becomes effective at that time. Exhibit A 9/01/06 - 3,- • Assess total potential volume or appropriate metric(linear feet of canal,tons, etc.) for the amount of marine debris likely to be removed and disposed of. °Marine debris should include such material that is visible on or just under, the waters surface and that would cause a hazard to safe navigation or be a potential risk to human health if not removed. Such marine debris should not be debris attached to personal property unless permission is provided to remove such debris; An effort should be made to contact a property owner to obtain permissionf" to remove material that is obviously debris, but which may be tied or otherwise armed to land for reasons of maintaining clear navigation. • Complete Contracts for Service with local marine contract6rs to reinotre debris from manmade canals located in the project work area. • DRC will provide supervision for project oversight efforts as required by FEMA or the Natural Resources Conservation Service (MRCS) (U.S. Department of Agriculture), the State of Florida, and the County in coordination with County staff and/or a monitoring firm employed by the County. • Monroe County will maintain an independent monitoring team representing the County as the project applicant. • DRC will be responsible for the management of all project expenses and billing documentation as will be required by FEMA or NRCS, the State of Florida, and the County Abandoned Vessel Recovery and Disposal DRC will be responsible for managing the removal from the water, impound and auction or disposal, of abandoned vessels surrounding the Florida Keys which are largely,but not exclusively, the result of impacts of the 2005 and subsequent hurricane seasons within the life of the Agreement. Efforts are to include the detailed cost assessment for the removal of larger vessels which are located in shallow waters and are hard aground. Work will also include obtaining necessary salvage approvals through applicable state and federal agencies, including the Florida Keys National Marine Sanctuary,"the United States Cdast Guard, the U.S. Fish ,and Wildlife Service, and the Florida Fish` and Wildlife Conservation Commission. Detailed Responsibilities: • DRC will be responsible for locating appropriate Temporary Debris Sites and Reduction Sites • Determine current locations of remaining abandoned vessels and determine the least costly approach for salvage or disposal as appropriate. Maps provided show approximate location of vessels after Hurricane Wilma. Additional information may be available concerning their current disposition. FxhNt A In the event of future storms and similar impacts, staff will work ', vith,DRO to- locate and map vessels and other marine debris post eaci event. Such products'° will supplant the maps provided herein. u d a A d d r i ,� do V Exhibit A 9101106 - 5- N Hioticarm Seasm 2005 At ndloned Vemob-11$ddle keys i i r.. i m Seawn =5 i I r v, r i. I � Exhibit A • Management and oversight of County designated temporary debris sites for storage of marine debris prior to appropriate final disposal. • Assess total potential value of the removal operation whether by means leading to disposal or by means appropriate for salvage and sale for cost. • Work with local, state, and federal agencies to approve salvage plans for vessels that are located on sensitive marine or wetland resources, including shallow water seagrass areas and mangrove communities. • Prior to ultimate removal from the marine environment, reach agreement with local, state, and federal agencies on which abandoned vessels will be "eligible" under FEMA's eligibility guidelines. • Prior to ultimate removal from the marine environment, reach agreement on which vessels will be removed for disposal and which will be removed to a holding site for cost recovery through sale to an original owner or auction. • DRC will provide supervision for project oversight efforts as required by FEMA and the County in conjunction with County staff and/or a monitoring firm employed by the County. • Monroe County will maintain an independent monitoring team representing the County as the project applicant. • DRC will be responsible for all project oversight where salvage plans have been applied for and approved and necessary salvage criteria or constraints are imposed by approving agencies. • DRC will be responsible for the management of all project expenses and billing documentation as will be required by FEMA and the County V;x1ribit n 9/01/06 - 7 - EXHIBIT B FEE SCHEDULE FOR MARINE TRAP, VESSEL, CANAL CLEAN-UP, MARINE DEBRIS AND DERELICT VESSELS Tract Debris Cost per Trap Removed Shallow Water (0-2') Channels l2' plus) $ 41.50 34.20 1. Concrete and wood will be disposed of at designated sites on the water, thus per unit cost is based on delivery of material to these sites and not to temporary land based sites for transportation to a permanent disposal area. 2. Trap line, trap funnels, and buoys are to be disposed of at appropriate land-based disposal sites. 3. When possible, the Contractor will work with local commercial fisherman and other capable and interested parties as sub-contractors for this project. Canal Debris Costs for Canal Debris Removal C &D debris removal from canals. $ 19.58 per linear foot cleaned Vegetative debris removal from canals. $ 19.58 per linear foot cleaned Vessel and Other Oven Water Marine Debris Labor and Cost of boat and vessel removal Boats/Vessels retrieved from the land by means of various equipment. No water borne equipment. $ 150.00 per linear foot of vessel Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of various equipment,including barges, cranes, boats, etc. Non Salvageable: $ 25.00 per linear foot of vessel Other BoatsNessel up to 35 feet in length retrieved from the water by means of various equipment,including barges, cranes,boats, etc. Salvageable: $ 150.00 per linear foot of vessel Non Salvageable: $ 225.00 per linear foot of vessel Other BoatsNessel in excess of 35 feet in length retrieved from the water by means of various equipment,including barges, cranes,boats, etc. Salvageable: $ 250.00 per linear foot of vessel Non Salvageable: $ 225.00 per linear foot of vessel Houseboats and larger vessels that may create some difficulty in removal because of location (edge of islands or in the mangroves, hard aground etc. retrieved from the water by means of various equipment, including barges, cranes, boats, etc. Salvageable: $ 400.00 per linear foot of vessel Non Salvageable: $ 225.00 per linear foot of vessel Per day fees for storageldockage for salvaged boats/vessels. $ 35.00 per unit/daily Respondent responsible for providing storage/dockage site. Water based marine debris found outside of canals including offshore collection and transport to offloading site: $ 50.00 per cubic yard collected 1. The removal of vessels of special consideration may require unexpected additional effort and further negotiation may be allowed on a case by case basis. 2. Substantially intact vessels (Greater than 80 %) are considered to be vessels for the purposes of this fee schedule and will be billed by the linear foot. Note, in all cases, traps, vessels, and other marine debris: • Load and haul to TDSRS, any necessary separation and reduction cost, and haul out to final resting place of trap line, floats, and funnels must be considered in any price quote provided. • Tipping fees from final disposal of all canal/waterway debris brought to land will be a pass through cost to be determined upon designation of final disposal facilities. Exhibit B 9/6/2006 2:26:00 PM