Item C05
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 19. 20. 2001
Division:
Public Works
Bulk Item: Yes X
No
Department: Facilities Maintenance
AGENDA ITEM WORDING: Approval to award bid and enter into a contract with Robbies Safe
Harbor Marine Ent., Inc. for the Beach Cleaning, Maintenance, and Beautification.at Higgs Beach,
Little Duck Key Beach, and Harry Harris Beach.
ITEM BACKGROUND: On September 30, 2001, the contract with Universal Beach Service Corp.
to provide beach cleaning and maintenance services will expire. On August 29,2001, it bid opening was
held for a revised three year contract with two bidders responding. Robbies Safe Harbor Marine Ent.,
Inc. was the lowest bidder.
PREVIOUS REVELANT BOCC ACTION: None on this item.
CONTRACVAGREEMENTCHANGES: N/A
.:
STAFF RECOMMENDATIONS: Approval as stated above.
REVENUE PRODUCING: Yes
No X
BUDGETED: Yes -1L No
Acct #71040-530-460 Harry Harris Beach
77040-530-460 Higgs Beach
78040-530-460 Little Duck Beach
20503-530340 - Unin. P&B
AMOUNTPERMONTH_ Year
TOTAL COST: $73.681.40 per year
COST TO COUNTY: same
APPROVED BY: County Atty _ OMB/Purchasing _ Risk Management_
ITEM PREPARED BY:
r
DIVISION DIRECTOR APPROVAL:
. King, Acting Sr. Director, Lower Keys Operations
~~ ~ /,/yft;,
Dent Pierce, Director of Public Works
DOCUMENTATION:
Included X
To Follow
Not Required_
DISPOSITION:
AGENDA ITEM #~S
Revised 2/27/01
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Robbies Safe Harbor
Contract #
Effective Date:
Expiration Date:
10/01/01
09/30/04
Contract Purpose/Description:
Beach Cleanin , Maintenance, and Beautification at Hi
Beac and H Harris Beach
.' '/
Contract Manager: Ann Mytnik
(Name)
4431
(Ext.)
Facilities Maint/Sto #4
(Department/Stop #)
for BOCC meetin on
09/19/01
A enda Deadline: 09/05/01
CONTRACT COSTS
-":0 -
Total Dollar Value of Contract: $ 73,681.40 Current Year Portion: $ ~
per year
No D Account Codes: TDC-Funds- - -
f/. Hofi7/Dqo... .S3atjlotJ
UtE ~Jt'-X1-D!Hl=-~~
~~--7e~,.
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For: .
ot included in dollar value above e . maintenance, utilities, 'anitorial, salaries, etc.
Budgeted? Y es~
Grant: $ N/A
County Match: $ N/ A
CONTRACT REVIEW
Changes
Drte F Needed' / /' d /~wer ..
Division Director 9 5,0\ YesDNo5Z1~~
Risk Management t!30\O I YesDNom., War-- ~~~rv---
O.M.B./Purchasing g~/Ol YesD N.oif ~~O
County Attorney 11/3 ( 10/ YesO No[J/ ~
c~~'il1e
OMB Form Revised 2/27/01 MCP #2
Date Out
l/s/tJl
t 31 01
CONTRACT
THIS AGREEMENT, made and entered into this 19th day of September, 2001, AD. by and
between Monroe County, Florida, (hereinafter called the "Owner"), and Robbies Safe Harbor Marine
Ent., Inc. (hereinafter called the "Contractor").
WITNESSED:
as follows:
That the parties hereto, for the consideration hereinafter set forth, mutually agree
3.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part, consists
of the contract documents.
3.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders, and any
addenda issued hereafter, any other amendments hereto executed by the parties hereafter,
together with the bid proposal and all required insurance documentation. .:
3.03 SCOPE OF WORK ,
The Contractor shall furnish all labor, materials, equipment, machinery, tools, apparatus, and
transportation, and perform all of the work described in the Specification entitled:
BEACH CLEANING, MAINTENANCE, AND BEAUTIFICATION
mGGS BEACH - KEY WEST
LITTLE DUCK KEY BEACH - MM 40
HARRY HARRIS BEACH - MM 93
And his bid dated August 29, 2001, attached hereto and incorporated as part of this contract
document, and shall do everything required by this Contract and other Contract Documents.
3.04 THE CONTRACT SUM
The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful
money ofthe United States, as follows:
Higgs Beach $3.300.00 per month.
Little Duck Key Beach $1.280.33 per month.
Harry Harris Beach $ 1.559.78 per month.
Total $6.140.11
per month.
3.05 CONTRACTOR'S ACCEPTANCE OF CONDITIONS
A Any ambiguity or uncertainty in the Specifications shall be interpreted and construed by the
Owner, and his decision shall be final and binding upon all parties.
B. The passing, approval, and/or acceptance of any part of the work or material by the Owner shall
not operate as a waiver by the Owner of strict compliance with the terms of this Contract, and
Specifications covering said work; and the Owner may require the Contractor and/or his surety
to repair, replace, restore, and/or make to comply strictly and in all things with the Contract and
Specifications any and all of said work and/or materials which within a period of one year from
and after the date of the passing, approval, and/or acceptance of any such work or material, are
found to be defective or to fail in any way to comply with this Contract or with the
Specifications. This provision shall not apply to materials or equipment normally expected to
deteriorate or wear out and become subject to normal repair and replacement before their
condition is discovered. Failure on the part of the Contractor and/or his Surety, immediately
after Notice to either, to repair or replace any such defective materials and workmanship shall
entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of
such replacement and/or repair from t~e Contractor and/or his surety, who shall in any event be
jointly and severally liable to the OWner for all damage, loss, and expense caused to the Owner
by reason of the Contractor's breach of this Contract. and/or his failure to comply strictly and in
all things with this Contract and with the Specifications. .:
3.06 PAYMENTS
In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the Owner shall pay the Contractor as follows:
The County shall pay to the Contractor for the performance of said service on a per month in
arrears basis. The Contractor shall invoice the County monthly for beach cleaning,
maintenance, and beautification services performed under the Specifications contained herein.
The Owner will, within ten days after receipt of each invoice, either process payment or return
the invoice to the Contractor indicating in writing the Owner's reasons for refusing to
recommend payment. In the latter case, the Contractor may make the necessary corrections and
resubmit the invoice. Thirty days after presentation of the invoice with the Owners
recommendation, the amount recommended will become due and will be paid to the
Contractor.
3.07 TERM OF CONTRACTIRENEW AL
A This contract shall be for a period of three (3) years, commencing October 1, 2001, and
terminating on September 30, 2004. This contract is renewable in accordance with Article
3.07B.
B. The Owner shall have the option to renew this agreement after the first year, and each
succeeding year, for two additional one year periods. The contract amount agreed to herein
may be adjusted annually in accordance with the percentage change in the Consumer Price
Index for all urban consumers (CPI-U) for the most recent 12 months available. Increases in
the contract amount during each option year period shall be extended into the succeeding years.
C. Either of the parties hereto may cancel this agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so. The county may terminate this
agreement for cause with 7 days written notice of its intent to do so.
3.08 HOLD HARMLESS
The Contractor shall defend, indemnify and hold harmless the Monroe County Board of County
Commissioners as indicated on form TCS.
3.09 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the contractor or any
of his/her employees, contractors, servants, or agents to be employees of the Board of County
Commissioners for Monroe County. .:
3.10 ASSURANCE AGAINST DISCRIMINATION
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
agreement or with the provision of services or goods under this agreement.
3.11 ASSIGNMENT
The contractor shall not assign or subcontract this agreement, except in writing and with the
prior written approval of the Board of County Commissioners for Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Owner
may deem necessary. This agreement shall be incorporated by reference into any assignment
or subcontract, and any assignee or subcontractor shall comply with all of the provisions of
this agreement. Unless expressly provided for therein, such approval shall in no manner or
event be deemed to impose any obligation upon the Owner in addition to the total agreed-upon
price of the services/goods of the contractor, nor relieve the contractor of is obligations under
this contract.
3.12 COMPLIANCE WITH LAW
In providing all services/goods pursuant to this agreement, 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 adopted. Any violation of said statutes,
ordinances, rules and regulations shall constitute a material breach of this agreement and shall
entitle the Owner to terminate this contract immediately upon delivery of written notice of
termination to the contractor.
3.13 INSURANCE
Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as INSCKLST 1-5, as further detailed on forms WCl, GLl, and VLl, each
attached hereto and incorporated as part of this contract document.
3.14 FUNDING AVAILABILITY
In the event that funds from Facilities Maintenance Contractual Services are partially reduced
or cannot be obtained or cannot be continued at level sufficient to allow for the purchase of the
services/goods specified herein, this agreement may then be terminated immediately at the
option of the Owner by written notice of termination delivered in person or by mail to the
Contractor. The Owner shall not be obligated to pay for any services provided by the
Contractor after the Contractor has received written notice of termination.
.:
3.15 PROFESSIONAL RESPONSmILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described, which is attached hereto and
incorporated herein as a part ofthis contract/agreement. The provider shall at all times exercise
independent, professional judgment and shall assume professional responsibility for the
services to be provided. Continued funding by the Owner is contingent upon retention of
appropriate local, state, and/or federal certification and/or licensure of contractor.
3.16 NOTICE REQUIREMENT
Any notice required or permitted under this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the
following:
FOR COUNTY
Monroe County Public Wodes
Facilities Maintenance Department
3583 S. Roosevelt Blvd.
Key West, FL 33040
FOR CONTRACTOR
Robbies Safe Harbor Marine Ent., Inc.
P.O. Box 2208
Key West, FL 33045
3.17 GOVERNING LAWS
This Agreement is governed by the laws of the State of Florida. Venue for any litigation
arising under this Agreement must be in Monroe County, Florida.
3.18 CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Monroe County Board of County Commissioners.
IN WITNESS WHEREOF the parties hereto have executed this Agreement on the day and date first
above written in four (4) counterparts, each of which shall, without proof or accounting for the other
counterparts, be deemed an original Contract.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Date:
.:
(SEAL)
Attest:
CONTRACTOR
Robbies Safe Harbor Marine Ent., Inc.
By:
WITNESS
By:
Title:
Title:
By:
WITNESS
Title:
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract to provide any goods or services to a public entity, may not submit
a bid on a contract with a public entity for the construction or repair of a
public building or public work, may not submit bids on leases of real
property to public entity, may not be awarded or perform work as a
contractor, supplier, subcontractor, or consultant under a contract \y'ith any
public entity, and may not transact business with any public entity in excess
of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of36 months from the date of being placed on the
convicted vendor list. "
.: