Item G1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 17, 2013 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.9 to the 2006 Agreement with DRC
Emergency Services, LLC extending the Agreement through February 28, 2014, providing for
continuous marine debris removal services by the same vendor throughout the entirety of the 2013
hurricane season, and providing for the execution of future marine debris recovery agreements and
amendments to occur outside of 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 expires April 19, 2013.
Staff is recommending to extend the Agreement through February 28, 2014 in order 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 2013 hurricane season, and
provide for execution of future agreements and amendments to occur well outside of 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, 2014.
PREVIOUS RELEVANT BOCC ACTION:
September 2006- Approval of long term Agreement with DRC
November 2006- Approval of Amendment No.1 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
CONTRACT/AGREEMENT CHANGES:
Amendment to extend the 2006 DRC Agreement from 04/20/2013 through 2/28/2014.
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 AMOUNT PER MONTH Year
APPROVED BY: County Atty X OMB/Purchasing X Risk Management X
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DRC, LLC Contract #
Effective Date: 04/20/2013
Expiration Date: 2/28/2014
Contract Purpose/Description:
Amendment #9 to the 2006 Agreement with DRC Emergency Services, LLC extending
the Awwment througLi FebnM 28 2014providing for continuous marine debris removal
services by the same vendor throughout the entirety of the 2013 hurricane season, and
providing for the execution of future marine debris recovery agreements and amendments to
occur outside of hurricane season. The current Agreement expires April 19, 2013.
Contract Manager: Richard Jones 2805 Marine Resources Office/11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 04/17/2013 Agenda Deadline: 04/02/2013
CONTRACT COSTS
Total Dollar Value of Contract: $ N/A Current Year Portion: $
Budgeted? Yes❑ No ❑ Account Codes: -
Grant: $
County Match: $ _
ADDMONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not =hided in dollar value above) (ea_ mainteennnrtr ntil:tir.o
CONTRACT REVIEW
Changes Date Out
Date In Needed Reviewer
Division Director Yes❑ Nor-1
Risk Management Yes[:]N 7.
O.M.BJPurchasing 3 i 13 Yes❑ NoEj a
County Attorney 3 3 Yes❑ No[3-- ( } _L3
Comments:
OMB Form Revised 2/27/01 MCP a2
AMENDMENT NO.9 TO AGREEMENT
BETWEEN DRC EMERGENCY SERVICES, LLC
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO AGREEMENT ("Amendment") is made and entered into this 17th day
of April, 2013 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, and on September 20, 2010, and again on September
20, 2011; 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 expires April 19, 2013; 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 schedule the execution of future
marine debris recovery contracts and/or amendments outside of hurricane season, necessitating the extension
of the Agreement until February 28, 2014;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the parties agree
to as follows:
Section 1.2 of the September 20, 2006 Agreement is hereby amended as follows:
This Agreement shall be extended for the period April 20, 2013 through February 28, 2014.
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 3-26-2013
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above
written.
(SEAL)
ATTEST: AMY HEAVILIN, CLERK
Deputy Clerk
WITNESSES:
1.
Print Name:
2.
Print Name:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
Mayor George Neugent
DRC EMERGENCY SERVICES, LLC
Print Name:
Title:
F OE COUNTY ATTORNEY
APpRO D AS TO FORM:
sus
M. GRIMSLEY
ASSISTANT (;OUNTY ATTORNEY
DRC Amendment 3-26-2013 2
--, ®
�►� o CERTIFICATE OF LIABILITY INSURANCE
DATE (MMMDNYYY)
01 /29/2013
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(les) must 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 endorsement(s).
PRODUCER
MCGRIFF, SEIBELS 8 WILLIAMS OF TEXAS, INC.
5080 Spectrum Dr., Suite 900E
Addison, TX 75001
CO C
NAME:
IA NPHONE (469) 232-2100 aC No):
E-MAIL
ADDRESS:
INSURERS AFFORDING COVERAGE
NAIC •
INSURERA:Starr Surplus Lines Insurance Company
13604
INSURED
DRC Emergency Services, LLC
740 Museum Drive
INSURERS :Preetodan Insurance Company
37257
INSURER C :Federal Insurance Company
20281
INSURER D
Mobile, AL 36608-1940
INSURER E :
INSURER F:
nnveoAr_oc f%1=RTICif_ATF NIIMRPR•PR7.IYRN7 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 RESPECTTO 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.
I S
LTR
TYPE OF INSURANCE
POLICY NUMBER
POLICY EFF
MM/DD
POLICY EXP
MM/DD
LIMITS
A
GENERAL LIABILITY
SLSLEIL72029413
01/31/2013
01/31/2014
EACH OCCURRENCE
$ 1,000,000
DAMAGE TO RFNTE:EF-
PREMISES Ea occurrence
$ 50,000
X COMMERCIAL GENERAL LIABILITY
MED EXP one person
$ 5,000
CLAIMS -MADE FK OCCUR
PERSONAL 6 ADV INJURY
$ 1,000.000
X
GENERAL AGGREGATE
$ 2,000,000
GENL AGGREGATE LIMIT APPLIES PER:
PRODUCTS - COMP/OP AGG
$ 2,000,000
$
X POLICY 7 PRO-JECT LOC
B
AUTOMOBILE LIABILITY
PICH00002236
01/20/2013
01/20/2014
Ea accident
1.000.000
BODILY INJURY (Per person)
$
X ANY AUTO
BODILY INJURY (Per accident)
$
ALL OWNED SCHEDULED
X AUTOS �( AUTOS
NON -OWNED
HIRED AUTOS AUTOS
X
PROP GE
dent PerIacci
$
Comp. $500 deductible
Coll. $500 deductible
A
UMBRELLA LIAR
EXCESS LIAB
X
OCCUR
CLAIMS -MADE
X
SLSLXNV73021813
Follow Form
01/31/2013
01/31/2014
EACH OCCURRENCE
$ 10.000,000
X
AGGREGATE
$ 10,000,000
DED I I RETENTION $
$
C
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY YIN
ANY PROPRIETOR/PARTNER/EXECUTIVE
004 4727412
Includes USHBL
01/31/2013
01/31/2014
X WC RISTATU- OTH-
LIMITS ER
E.L. EACH ACCIDENT
$ 1,000,000
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
OFFICER/MEMBER EXCLUDED9 ❑
(Mandatory In NH)
NIA
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
Use describe under
DESCRIPTION OF OPERATIONS below
A
CONTRACTORS POLLUTION INCLD.
Liability During Transportation, fines,
penalties, clean up, punitive damage.
Occurrence form
X
SLSLEIL72029413
01/31/2013
01/31/2014
Each Occurrence
Policy Aggregate
Deductible Each Loss
1,000,000
$ 1,000.000
$ 20.000
$
$
DESCRIPTION OF OPERATIONS / LOCATIONS I 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.
nvt_ur-tc
Monroe County Board of County Commissioners
Attn: Rich Jones
2798 Overseas Hwy
Marathon, FL 33050
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE /
Paae 1 of 1 M 1988-2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) 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 C4 day 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 1 — 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 carving 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 being 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 surf 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 DRC 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/fast billing to COUNTY. This certifies that all
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 COUNTY'S satisfaction.
3.8 COUNTY'S 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 Sec. 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 — INDEPENDENT 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.
0
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 COUNTY'S 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 cause 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 =W
may terminate this contract without cause by giving the other party sixty (60) days
written notice of its intention to do so.
ARTICLE 15 — GOVERNING LAW AND VENUE
This Agreement 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 Agreement, COUNTY and DRC agree that venue
will lie in the appropriate court or before the appropriate administrative body in Monroe
County, Florida.
ARTICLE 16 — NON-DISCRIMINATION
COUNTY and DRC agree that there will be no discrimination against any person, and it
is expressly understood that upon a determination by a court of competent jurisdiction
that discrimination has occurred, this Agreement automatically terminates without any
further action on the part of any party, effective the date of the court order. COUNTY or
DRC agree to comply with all Federal and Florida statutes, and all local ordinances, as
applicable, relating to nondiscrimination. These include but are not limited to: 1) Title VI
of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of
race, color or national origin; 2) Title IX of the Education Amendment of 1972, as
amended (20 USC ss. 1681- 1683, and 1685-1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 USC
s. 794), which prohibits discrimination on the basis of handicaps; 4) The Age
Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107) which prohibits
discrimination on the basis of age; 5) The Drug Abuse Office and Treatment Act of 1972
(PL 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; 7) The Public Health Service Act of 1912, ss. 623
and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of 1968 (42
USC s. at seq.), as amended, relating to nondiscrimination in the sale, rental or financing
of housing; 9) The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as
maybe amended from time to time, relating to nondiscrimination on the basis of
disability; 10) Any other nondiscrimination provisions in any Federal or state statutes
which may apply to the parties to, or the subject matter of this Agreement.
ARTICLE 17 —WAIVER
A waiver by either party of any breach of this Agreement shall not be binding upon the
waiving party unless such waver is in wrlting signed by authorized person for DRC and
approved by BOCC. In the event of a written waiver, such waiver shall not affect the
waiving party's rights with respect to any other or further breach. The making or
acceptance of a payment by either party with knowledge of the existence of a default or
breach shall not operate or be construed to operate as a waiver of any subsequent
default or breach.
ARTICLE IS — 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, representations, 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:
FOR COUNTY:
FOR DRC:
Mr. George Garrett
Division of Growth Management
Department of Marine Resources
2780 Overseas Highway, Suite 420
Marathon, Florida 33050
AND
Mr. Thomas Willi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
DRC Emergency Services 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.
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 DRC
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.
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.
ARTICLE 34 - EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
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
ting for the other counterparts, be deemed an original contract.
Aft st:` DA ANY L. OLHAGE, CLERK
By:
Deputy Clerk
SEP 2 0 2005
Date:
Date: mfu
BOARD OF COUNTY
COMMISSLnNERS
OF MON it
OUNTY, FLORIDA
By:
Mayor Charles " nny" McCoy
Date: SW 0 200d
DRC BM'erhenk Services LLC
BY:
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Date:
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MONROE COUNTY ATTORIff r-:
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ASSISTANT COUNTY ATTORRY
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EXHIBIT A
SCOPE OF WORK FOR MARINE DEBRIS
Lobster traps, Marine Debris, and Abandoned Vessels
Lobster Tray 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
1 34
25.28558
-80.18986
13
1 201
24.96675
1 -81.34483
Exhib2t A
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0 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 %Z 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/O6 - 2 - -fw
• 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-up
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 (M4).
(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 (13-9), 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.
Exbit
9/01/06 - 3 -ILL
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 permission to remove
material that is obviously debris, but which may be tied or otherwise affixed to
land for reasons of maintaining clear navigation.
• Complete Contracts for Service with local marine contractors to remove 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 Coast
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.
Exhubit A
9/01/06 - 4 - IF
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Exhibit A
9/01/06
® 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
kxhtb2t A
9/01/06 - 7 -
EXHIBIT B
FEE SCHEDULE FOR MARINE TRAP, VESSEL, CANAL CLEAN-UP,
MARINE DEBRIS AND DERELICT VESSELS
Trap Debris
Cost per Trap Removed
Shallow Water (0-2')
$ 41.50
Channels (2'Rlus)
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.
Vegetative debris removal from canals.
Vessel and Other Open Water Marine Debris
Labor and Cost of boat and vessel removal
$ 19.58 per linear foot cleaned
$ 19.58 per linear foot cleaned
BoatsNessels 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 storage/dockage 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.
v 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 FM