Item I02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 16,2008 Division: Growth Management
Bulk Item: Yes ~ No - Department: Planning & Environmental Resources
Staff Contact: Richard Jones
AGENDA ITEM WORDING:
Approval of contract with Arnold's Auto & Marine Repair, Inc. to provide derelict vessel and marine
debris removal services throughout the keys, and waiver of irregularities in response to Request for
Qualifications and selection of contractor.
ITEM BACKGROUND:
The Marine Resources Office routinely uses marine contractors to remove non-hurricane related
derelict vessels and marine debris. Establishing contracts with pre-qualified firms to provide services
in various areas of the keys will provide for a more efficient derelict vessel removal program, meet
Purchasing Guidelines, and eliminate the need for contracts for individual jobs. It is anticipated that
the total cost for all contractors selected will be approximately $270,000 per year.
PREVIOUS RELEVANT BOCC ACTION:
March 2008- Approved selection of all thirteen vendors who responded to the RFQ for derelict vessel
and marine debris removal.
November 2007- Approved waiving purchasing policy to allow for removal on derelict vessels until
contractors can be qualified and contracts can be executed.
CONTRACT/AGREEMENT CHANGES:
N/A
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: Approximatelv $21,000 per vear BUDGETED: Yes -L No -
COST TO COUNTY: 0 SOURCE OF FUNDS: BIF fund 157
REVENUE PRODUCING: Yes - Nol AMOUNT PER MONTH - Year
-
APPROVED BY: County Atty ~ OMB/Purchasing ~ Risk Management --.X
DOCUMENTATION: Included X Not Required_
DISPOSITION: AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Arnold's Auto & Marine Contract #
Effective Date: 4/16/08
Expiration Date: 3/18/11
Contract PurposelDescription:
A three year contract with Arnold's Auto & Marine Repair, Inc. to provide derelict
vessel and marine debris removal throughout the keys.
Contract Manager: Richard Jones 2805 Planning & Env. Resources/II
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 4/16/08 Agenda Deadline: 4/1/08
CONTRACT COSTS
Total Dollar Value of Contract: $ ~63,000 Current Year Portion: $ ~21,000
Budgeted? Yes[8J NoD Account Codes: 157 -62520-530340- -
--
Grant: $ - - - -
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County Match: $ - - - -
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- - - -
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes Date Out
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OMB Form Revised 2/27/01 MCP #2
MONROE COUNTY
CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION
AND DISPOSAL OF DERELICT VESSELS AND MARINE DEBRIS
THIS CONTRACT is made and entered into this day of , by
MONROE COUNTY ("COUNTY"), a political subdivision of the State of Florida, whose
address is the Marathon Government Center, 2798 Overseas Highway, Marathon,
Florida, 33050, and Arnold's Auto & Marine Repair, Inc. ("CONTRACTOR"), whose
address is 5540 Third Avenue. Stock Island, FL 33040.
Section 1. SCOPE OF SERVICES
The CONTRACTOR shall do, perform and carry out in a professional and proper manner
the project including certain duties as described below,
Duties consist of retrieval, removal, refloating and/or demolition and disposal of marine
debris. This includes proper reclamation and disposal of associated hazardous waste
and cooperation with law enforcement where needed to properly preserve evidence
using photographs and other methods of preservation as directed by law enforcement.
The project will be made up of individual jobs authorized by task order consisting of
retrieval, removal, demolition and disposal of a vessel(s) or marine debris located on the
land or in the waters of Monroe County, or adjacent thereto, as requested by the
COUNTY. The CONTRACTOR will be responsible for supervision of each job from
beginning to end including the scheduling, labor, monitoring, providing necessary
equipment and reporting progress to the County designee in the Marine Resources
Office.
When a derelict vessel or debris is identified, the COUNTY will contact
CONTRACTOR(s) in the applicable geographic area and provide the details of the job;
details shall include, but not be limited to the location of the job, the nature of the debris,
the size of the vessel, whether the vessel is constructed of wood, fiberglass, concrete,
metal, and whether any hazardous materials are known to be aboard. The
CONTRACTOR will then contact the COUNTY in writing with a price for the cost of the
job, and the time in which the CONTRACTOR is able to respond, a description of the job
and the time needed to complete the job. The COUNTY will promptly choose a
CONTRACTOR and assign the particular job. At no time will any CONTRACTOR be
authorized to undertake a job without the express authorization of the COUNTY, in the
form of a Task Order, In the event of an emergency job, such as a fuel leak or hazard to
navigation, the CONTRACTOR will provide a quote via e-mail as soon as possible, and
the COUNTY may choose a CONTRACTOR the same day as the pricing request in
order to expedite the job. COUNTY has complete discretion and authority to select the
particular CONTRACTOR for each task.
The CONTRACTOR will provide all necessary and adequate equipment to complete the
task including vessels, vehicles, personnel and protective equipment. The
CONTRACTOR will provide all materials needed to accomplish the assigned job,
including necessary equipment for proper handling of hazardous materials and will
strictly adhere to all precautionary and safety requirements. CONTRACTORS shall be
responsible for the job site at all times during the work.
CONTRACTORS are required to have active licenses required to fulfill the requirements
of each particular job and are required to attach copies of any and all licenses, including
an occupational license as Exhibit "A" to this Contract.
The CONTRACTOR is required to be familiar with, and shall be responsible for,
complying with all federal, state, and local laws, ordinances, rules, and regulations that
in any manner affect the work and the marine environment. CONTRACTOR agrees to
immediately abide by the orders to stand down or stop work if advised to do so by any
county, state or federal agency, If required to stand down by any state or federal agency
the CONTRACTOR shall notify the COUNTY as soon as possible.
CONTRACTOR shall take photographs of all sides and interior of any vessel, the
contents of the vessel, any personal effects in the vessel and any unique or identifying
features of the vessel prior to any work on the vessel at the initial site and again at the
dump site prior to demolition, The CONTRACTOR shall not be required to take interior
photos of the vessel if, in the best judgment of its supervisor, it is not safe to do so.
Photographs should be properly dated, the name and address of the person taking the
photographs, and a complete set of the photographs shall be provided to the COUNTY,
Photographs are considered to be an integral part of the work.
CONTRACTOR shall remain responsible for supervision of all employees and shall
ensure compliance with all applicable safety procedures. Any drinking of alcoholic
beverages before or during the job is strictly prohibited. Violation of safety procedures,
federal, state, and local laws, ordinances, rules, and regulations, or drinking of alcoholic
beverages before or during the job will constitute cause for immediate termination of the
contract.
Section 2. COUNTY'S RESPONSIBILITIES
COUNTY shall do the following:
2.1 Provide all available data and location as to the COUNTY'S requirements for
Task Order to the CONTRACTOR. Designate in writing a person with authority
to act on the COUNTY'S behalf on all matters concerning the Task Order.
2.2 Furnish to the CONTRACTOR all existing information pertinent to the work. The
CONTRACTOR may rely upon such information and services provided by the
COUNTY, with the understanding that the information may be changed at the
time the CONTRACTOR arrives on the scene of the work.
2.3 Approve a schedule that is mutually agreeable to the COUNTY and
CONTRACTOR.
Section 3. TERM OF CONTRACT
This Contract shall commence on April 16, 2008, and terminate on March 18, 2011,
unless terminated earlier under the terms of this Agreement. COUNTY and
CONTRACTOR shall have the option to renew this Agreement for one additional two
year term under the same terms and conditions as this contract, exercisable by mutual
agreement upon written notice given at least Thirty (30) days prior to the end of the initial
term.
The services to be rendered by the CONTRACTOR for each individual Task Order shall
be commenced upon written notice from the COUNTY and the work shall be completed
in accordance with the schedule mutually ag reed to by the COUNTY and
CONTRACTOR, unless it shall be modified in a signed document, by the mutual consent
of the COUNTY and CONTRACTOR. Subsequent services shall be performed in
accordance with schedules of performance which shall be mutually agreed to by
COUNTY and CONTRACTOR. At no time shall the CONTRACTOR commence work
without written authority from the COUNTY.
Section 4. COMPENSATION
The compensation available to the CONTRACTOR under this agreement is to be
determined by the COUNTY on the basis of price quotations received from approved
CONTRACTORS, and the necessities of the individual job. CONTRACTOR is not
guaranteed any dollar amount pursuant to this contract.
The CONTRACTOR is responsible for evaluating the request for removal and
responding in writing with a quotation for the job, a description of the job, the time the
CONTRACTOR can begin the job and the time necessary to complete the job.
It will be the CONTRACTOR'S responsibility to pay any disposal fees at the transfer
station, CONTRACTOR shall include, in any quotation, the cost of disposal at an
approved dump site. CONTRACTOR shall be required to provide a receipt along with
any invoice for the work.
The billing rates of the CONTRACTOR for a particular job shall be determined and
agreed to by the CONTRACTOR and the COUNTY in a written Task Order prior to the
authorization to commence the work.
CONTRACTOR agrees that it will not be entitled to damages for delay of the completion
of the job from whatever cause. COUNTY may grant additional time to conclude a task,
if required.
Section 5. PAYMENT TO CONTRACTOR
5.1 Payment will be made according to the Local Government Prompt Payment Act.
Any request for payment must be in a form satisfactory to the County Clerk
(Clerk). The request must describe in detail the services performed, the payment
amount requested, and supporting documentation, including copies of receipts
from the transfer station.
5.2 Monroe County's performance and obligation to pay under this contract is
contingent upon an annual appropriation by the Board of County Commissioners.
Section 6. CONTRACT TERMINATION
Either party may terminate this contract because of the failure of the other party to
perform its obligations under the Contract. COUNTY may terminate this contract for any
reason upon fifteen (15) days notice to the CONTRACTOR.
Section 7. AUTHORIZATION OF WORK ASSIGNMENTS, SUBCONTRACTORS
7.1 All assignments of work shall be authorized in a signed Task Order in
accordance with the COUNTY'S policy prior to any work being conducted by the
CONTRACTOR.
7.2 Additional authorizations may contain additional instructions or provisions specific
to the authorized work for the purpose of clarifying certain aspects of the work to
be undertaken. Such supplemental instruction or provisions shall not be
construed as a modification of this Agreement. Authorizations shall be dated,
numbered and clearly relate to the specific job assignment so that they can easily
be related to the specific assignment. Where available, the authorization shall
refer to the name of the vessel, and its location.
7.3 The CONTRACTOR shall not assign, or transfer any rights under or interest in
(including, but not without limitations, moneys that may become due or moneys
that are due) this agreement without the written consent of the County, except to
the extent that any assignment, subletting, or transfer is mandated by law or the
effect of this limitation may be restricted by law. Unless specifically stated to the
contrary in any written consent to any assignment, no assignment will release or
discharge the assignor from any duty or responsibility under this agreement.
CONTRACTOR may subcontract a particular Task Order or portion of a Task
Order only with the specific written consent of the COUNTY'S representative, If
subcontractors are approved it is the responsibility of CONTRACTOR to inform
the subcontractors that they must carry the same amount of insurance as the
CONTRACTOR. The CONTRACTOR shall provide the COUNTY with proof of
coverage before allowing a Subcontractor to do any work on the job.
Section 8. NOTICES
All notices, requests and authorizations provided for herein shall be in a signed
document and shall be delivered or mailed to the addresses as follows:
To the COUNTY: Monroe County Board of County Commissioners
c/o Monroe County Growth Management Division
2798 Overseas Highway, Suite 410
Marathon, Florida 33050
Attention: Division Director
To the CONTRACTOR: Richard W. Arnold, Owner
Arnold's Auto & Marine Repair, Inc.
5540 Third Avenue
Stock Island, FL 33040
However, if COUNTY requests a price quotation(s) from CONTRACTOR the request
and response may be done by fax or e-mail. Selection of CONTRACTOR by COUNTY
and the terms of the individual job may be done bye-mail but must be immediately
formalized in writing as a Task Order signed by the COUNTY prior to the
commencement of the work.
Any Notice of Termination may be done bye-mail but shall be immediately formalized in
writing by the party seeking Termination and sent to the other party by certified mail.
Section 9. RECORDS
CONTRACTOR shall maintain all books, records, and documents directly pertinent to
performance under this Agreement in accordance with generally accepted accounting
principles consistently applied. Each party to this Agreement or their authorized
representatives shall have reasonable and timely access to such records of each other
party to this Agreement for public records purposes during the term of the agreement
and for four years following the termination of this Agreement. If an auditor employed by
the COUNTY or Clerk determines that moneys paid to CONTRACTOR pursuant to this
Agreement were spent for purposes not authorized by this Agreement, the
CONTRACTOR shall repay the moneys together with interest calculated pursuant to
Sec. 55.03, FS, running from the date the moneys were paid to CONTRACTOR.
Section 10. EMPLOYEES SUBJECT TO COUNTY ORDINANCE NOS. 010 AND 020-
1990
The CONTRACTOR warrants that it has not employed, retained or otherwise had act on
its behalf any former COUNTY officer or employee subject to the prohibition of Section 2
of Ordinance No. 010-1990 or any COUNTY officer or employee in violation of Section 3
of Ordinance No. 020-19QO. For breach or violation of this provision the COUNTY may,
in its discretion, terminate this agreement without liability and may also, In its discretion,
deduct from the agreement or purchase price, or otherwise recover the full amount of
any fee, commission, percentage, gift, or consideration paid to the former COUNTY
officer or employee.
Section 11. CONVICTED VENDOR
A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract with a public entity
for the construction or repair of a public building or public work, may not perform work as
a CONTRACTOR, supplier, subcontractor, or CONTRACTOR under contract with any
public entity, and may not transact business with any public entity in excess of the
threshold amount provided in Section 287.017 of the Florida Statutes, for Category two
for a period of 36 months from the date of being placed on the convicted vendor list.
Section 12. GOVERNING LAW, VENUE, INTERPRETATION, COSTS AND FEES
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, the COUNTY and CONTRACTOR
agree that venue shall lie in the appropriate court or before the appropriate
administrative body in Monroe County, Florida. Both parties waive their rights to a trial
by jury.
Section 13. SEVERABILITY
If any term, covenant, condition or provision of this Agreement (or the application thereof
to any circumstance or person) shall be declared invalid or unenforceable to any extent
by a court of competent jurisdiction, the remaining terms, covenants, conditions and
provisions of this Agreement, shall not be affected thereby; and each remaining term,
covenant, condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement would prevent
the accomplishment of the original intent of this Agreement. The COUNTY and
CONTRACTOR agree to reform the Agreement to replace any stricken provision with a
valid provision that comes as close as possible to the intent of the stricken provision.
Section 14. ATTORNEY'S FEES AND COSTS
The COUNTY and CONTRACTOR agree that in the event any cause of action or
administrative proceeding is initiated or defended by any party relative to the
enforcement or interpretation of this Agreement, the prevailing party shall be entitled to
reasonable attorney's fees, and court costs, as an award against the non-prevailing
party, and shall include attorney's fees, and court costs, in appellate proceedings,
Mediation proceedings initiated and conducted pursuant to this Agreement shall be in
accordance with the Florida Rules of Civil Procedure and usual and customary
procedures required by the circuit court of Monroe County.
Section 15. BINDING EFFECT
The terms, covenants, conditions, and provisions of this Agreement shall bind and inure
to the benefit of the COUNTY and CONTRACTOR and their respective legal
representatives, successors, and assigns.
Section 16. AUTHORITY
Each party represents and warrants to the other that the execution, delivery and
performance of this Agreement have been duly authorized by all necessary County and
corporate action, as required by law,
Section 17. ADJUDICATION OF DISPUTES OR DISAGREEMENTS
COUNTY and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives of each
of the parties. If no resolution can be agreed upon within 30 days after the first meet and
confer session, the issue or issues shall be discussed at a public meeting of the Board of
County Commissioners. If the issue or issues are still not resolved to the satisfaction of
the parties, then any party shall have the right to seek such relief or remedy as may be
provided by this Agreement or by Florida law. The parties agree that this Agreement is
not subject to arbitration.
Section 18. COOPERATION
In the event any administrative or legal proceeding is instituted against either party
relating to the formation, execution, performance, or breach of this Agreement, COUNTY
and CONTRACTOR agree to participate, to the extent required by the other party, in all
proceedings, hearings, processes, meetings, and other activities related to the
substance of this Agreement or provision of the seNices under this Agreement.
COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement.
Section 19. NONDISCRIMINATION
COUNTY and CONTRACTOR agree that there will be no discrimination against any
person, and it is expressly understood that upon a determination by a court of competent
jurisdiction that discrimination has occurred, this Agreement automatically terminates
without any further action on the part of any party, effective the date of the court order.
COUNTY or CONTRACTOR agree to comply with all Federal and Florida statutes, and
all local ordinances, as applicable, relating to nondiscrimination. These include but are
not limited to: Title VII of the Civil Rights Act of 1964 (PL 88-352) which prohibits
discrimination on the basis of race, color or national origin; Title IX of the Education
Amendment of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which
prohibits discrimination on the basis of sex; Section 504 of the Rehabilitation Act of
1973, as amended (20 USC s. 794), which prohibits discrimination on the basis of
handicaps; The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107)
which prohibits discrimination on the basis of age; The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of drug
abuse; The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (PL 91-616), as amended, relating to nondiscrimination on the
basis of alcohol abuse or alcoholism; The Public Health SeNice Act of 1912, ss. 523 and
527 (42 USC ss. 690dd-3 and 290ee-3), as amended, relating to confidentiality of
alcohol and drug abuse patent records; Title VIII of the Civil Rights Act of 1968 (42 USC
s. et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of
housing; The Americans with Disabilities Act of 1990 (42 USC s. 1201 Note), as may be
amended from time to time, relating to nondiscrimination on the basis of disability; Any
other nondiscrimination provisions in any Federal or state statutes which may apply to
the parties to, or the subject matter of, this Agreement.
Section 20. COVENANT OF NO INTEREST
COUNTY and CONTRACTOR covenant that neither presently has any interest, and
shall not acquire any interest, which would conflict in any manner or degree with its
performance under this Agreement. and that the only interest of each is to perform and
receive benefits as recited in this Agreement.
Section 21. CODE OF ETHICS
COUNTY agrees that officers and employees of the COUNTY recognize and will be
required to comply with the standards of conduct for public officers and employees as
delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation
or acceptance of gifts; doing business with one's agency; unauthorized compensation;
misuse of public position, conflicting employment or contractual relationship; and
disclosure or use of certain information.
Section 22. NO SOLICITATION/PAYMENT
The COUNTY and CONTRACTOR warrant that, in respect to itself, it has neither
employed nor retained any company or person, other than a bona fide employee
working solely for it, to solicit or secure this Agreement and that it has not paid or agreed
to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the award or making of this Agreement.
For the breach or violation of the provision, the CONTRACTOR agrees that the
COUNTY shall have the right to terminate this Agreement without liability and, at its
discretion, to offset from monies owed, or otherwise recover, the full amount of such fee,
commission, percentage, gift, or consideration.
Section 23. PUBLIC ACCESS
The COUNTY and CONTRACTOR shall allow and permit reasonable access to, and
inspection of, all documents, papers, letters or other materials in its possession or under
its control subject to the provisions of Chapter 119, Florida Statutes, and made or
received by the COUNTY and CONTRACTOR in conjunction with this Agreement; and
the COUNTY shall have the right to unilaterally cancel this Agreement upon violation of
this provision by CONTRACTOR.
Section 24. NON-WAIVER OF IMMUNITY
Notwithstanding the provisions of Sec. 768.28, Florida Statutes, the participation of the
COUNTY and the CONTRACTOR in this Agreement and the acquisition of any
commercial liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to the extent
of liability coverage, nor shall any contract entered into by the COUNTY be required to
contain any provision for waiver.
Section 25. PRIVILEGES AND IMMUNITIES
All of the privileges and immunities from liability, exemptions from laws, ordinances, and
rules and pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public agents or
employees of the COUNTY, when performing their respective functions under this
Agreement within the territorial limits of the COUNTY shall apply to the same degree and
extent to the performance of such functions and duties of such officers, agents,
volunteers, or employees outside the territorial limits of the COUNTY.
Section 26. LEGAL OBLIGATIONS AND RESPONSIBILITIES
This Agreement is not intended to, nor shall it be construed as, relieving any
participating entity from any obligation or responsibility imposed upon the entity by law
except to the extent of actual and timely performance thereof by any participating entity,
in which case the performance may be offered in satisfaction of the obligation or
responsibility. Further, this Agreement is not intended to, nor shall it be construed as,
authorizing the delegation of the constitutional or statutory duties of the COUNTY,
except to the extent permitted by the Florida constitution, state statute, and case law.
Section 27. NON-RELIANCE BY NON-PARTIES
No person or entity shall be entitled to rely upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent,
officer, or employee of either shall have the authority to inform, counsel, or otherwise
indicate that any particular individual or group of individuals, entity or entities, have
entitlements or benefits under this Agreement separate and apart, inferior to, or superior
to the community in general or for the purposes contemplated in this Agreement.
Section 28. ATTESTATIONS
CONTRACTOR agrees to execute such documents as the COUNTY may reasonably
require, to include a Public Entity Crime Statement, an Ethics Statement, and a Drug-
Free Workplace Statement attached to this Contract as COMPOSITE EXHIBIT B.
Section 29. NO PERSONAL LIABILITY
No covenant or agreement contained herein shall be deemed to be a covenant or
agreement of any member, officer, agent or employee of Monroe County in his or her
individual capacity, and no member, officer, agent or employee of Monroe County shall
be liable personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section 30. EXECUTION IN COUNTERPARTS
This Agreement may be executed in any number of counterparts, each of which shall be
regarded as an original, all of which taken together shall constitute one and the same
instrument and any of the parties hereto may execute this Agreement by signing any
such counterpart.
Section 31. SECTION HEADINGS
Section headings have been inserted in this Agreement as a matter of convenience of
reference only, and it is agreed that such section headings are not a part of this
Agreement and will not be used in the interpretation of any provision of this Agreement.
Section 32. INSURANCE POLICIES
Coverage shall be maintained throughout the entire term of the contract, failure to
maintain coverage shall be considered a valid reason for County to terminate this
Agreement.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S
status. The CONTRACTOR may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR'S Excess Insurance Program.
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the County.
32.1 General Insurance Requirements for Other CONTRACTORS and Subcontractors
As a pre-requisite of the work governed, or the goods supplied under this contract
(including the pre-staging of personnel and material), the CONTRACTOR shall obtain, at
his/her own expense, insurance as specified in the attached schedules, which are made
part of this contract. The CONTRACTOR shall require all subcontractors to obtain
insurance consistent with the attached schedules.
The CONTRACTOR will not be permitted to commence work governed by this contract
(including pre-staging of personnel and material) until satisfactory evidence of the
required insurance has been furnished to the COUNTY as specified below, and where
applicable CONTRACTOR shall provide proof of insurance for all approved
subcontractors. Delays in the commencement of work, resulting from the failure of the
CONTRACTOR to provide satisfactory evidence of the required insurance, shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work commenced on the specified date and
time, except for the CONTRACTOR'S failure to provide satisfactory evidence.
The CONTRACTOR shall maintain the required insurance throughout the entire term of
this contract and any extensions specified in the attached schedules. Failure to comply
with this provision may result in the immediate suspension of all work until the required
insurance has been reinstated or replaced. Delays in the completion of work resulting
from the failure of the CONTRACTOR to maintain the required insurance shall not
extend deadlines specified in this contract and any penalties and failure to perform
assessments shall be imposed as if the work had not been suspended, except for the
CONTRACTOR'S failure to maintain the required insurance.
The CONTRACTOR shall provide, to the COUNTY, as satisfactory evidence of the
required insurance, either:
. Certificate of Insurance
or
. A Certified copy of the actual insurance policy.
The County, at its sole option, has the right to request a certified copy of any or all
insurance policies required by this contract.
All insurance policies must specify that they are not subject to cancellation, non-renewal,
material change, or reduction in coverage unless a minimum of thirty (30) days prior
notification is given to the County by the insurer.
The acceptance and/or approval of the CONTRACTOR'S insurance shall not be
construed as relieving the CONTRACTOR from any liability or obligation assumed under
this contract or imposed by law.
The Monroe County Board of County Commissioners, its employees and officials will be
included as "Additionallnsured" on all policies, except for Workers' Compensation.
32.2 GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT
BETWEEN COUNTY AND CONTRACTOR
Prior to the commencement of work governed by this contract, the CONTRACTOR shall
obtain General Liability Insurance. Coverage shall be maintained throughout the life of
the contract and include, as a minimum:
. Premises Operations
. Bodily Injury Liability
. Expanded Definition of Property Damage
The minimum limits acceptable shall be:
$300,000Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$50,000 Property Damage
An Occurrence Form policy is preferred. If coverage is provided on a Claims Made
policy, its provisions should include coverage for claims filed on or after the effective
date of this contract. In addition, the period for which claims may be reported should
extend for a minimum of twelve (12) months following the acceptance of work by the
County.
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.3 VEHICLE LIABILITY INSURANCE REQUIREMENTS
Recognizing that the work governed by this contract requires the use of vehicles, the
CONTRACTOR, prior to the commencement of work, shall obtain Vehicle Liability
Insurance. Coverage shall be maintained throughout the life of the contract and include,
as a minimum, liability coverage for:
. Owned, Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$300,000 Combined Single Limit (CSL)
If split limits are provided, the minimum limits acceptable shall be:
$100,000 per Person
$300,000 per Occurrence
$ 50,000 Property Damage
The Monroe County Board of County Commissioners shall be named as Additional
Insured on all policies issued to satisfy the above requirements.
32.4 WORKERS' COMPENSATION INSURANCE REQUIREMENTS
Prior to commencement of work governed by this contract, the CONTRACTOR shall
obtain Workers' Compensation Insurance with limits sufficient to respond to the
applicable state statutes.
In addition, the CONTRACTOR shall obtain Employers' Liability Insurance with limits of
not less than:
$100,000 Bodily Injury by Accident
$500,000 Bodily Injury by Disease, policy limits
$100,000 Bodily Injury by Disease, each employee
Coverage shall be maintained throughout the entire term of the contract.
Coverage shall be provided by a company or companies authorized to transact business
in the state of Florida.
If the CONTRACTOR has been approved by the Florida's Department of Labor as an
authorized self-insurer, the COUNTY shall recognize and honor the CONTRACTOR'S
status. The CONTRACTOR may be required to submit a Letter of Authorization issued
by the Department of Labor and a Certificate of Insurance, providing details on the
CONTRACTOR'S Excess Insurance Program,
If the CONTRACTOR participates in a self-insurance fund, a Certificate of Insurance will
be required. In addition, the CONTRACTOR may be required to submit updated
financial statements from the fund upon request from the County.
32.5 ADDITIONAL INSURANCE
A) Prior to commencement of work governed by this contract, the
CONTRACTOR shall obtain Jones Act and/or Longshoremen and Harbor Workers
Compensation Insurance with limits sufficient to respond to the applicable state and/or
Federal statutes.
B) Pollution Coverage with minimum limits of $1,000,000.
Section 33. INDEMNIFICATION
The CONTRACTOR does hereby consent and agree to indemnify and hold harmless the
COUNTY, its Mayor, the Board of County Commissioners, appointed Boards and
Commissions, Officers, and the Employees, and any other agents, individually and
collectively, from all fines, suits, claims, demands, actions, costs, obligations, attorneys
fees, or liability of any kind arising out of the sole negligent actions of the
CONTRACTOR or substantial and unnecessary delay caused by the willful
nonperformance of the CONTRACTOR and shall be solely responsible and answerable
for any and all accidents or injuries to persons or property arising out of its performance
of this contract, including those of any subcontractors. The amount and type of
insurance coverage requirements set forth hereunder shall in no way be construed as
limiting the scope of indemnity set forth in this paragraph. Further the CONTRACTOR
agrees to defend and pay all legal costs attendant to acts attributable to the sole
negligent act of the CONTRACTOR, or his subcontractor.
At all times and for all purposes hereunder, the CONTRACTOR is an independent
contractor and not an employee of the Board of County Commissioners. No statement
contained in this agreement shall be construed so as to find the CONTRACTOR or any
of his/her employees, subcontractors, servants or agents to be employees of the Board
of County Commissioners for Monroe County, As an independent CONTRACTOR the
CONTRACTOR shall provide independent, professional judgment and comply with all
federal, state, and local statutes, ordinances, rules and regulations applicable to the
services to be provided.
The CONTRACTOR shall be responsible for the completeness and accuracy of its work,
plan, supporting data, and other documents prepared or compiled under its obligation for
this project, and shall correct at its expense all significant errors or omissions therein
which may be disclosed. The cost of the work necessary to correct those errors
attributable to the CONTRACTOR and any damage incurred by the COUNTY as a result
of additional costs caused by such errors shall be chargeable to the CONTRACTOR.
This provision shall not apply to any maps, official records, contracts, or other data that
may be provided by the COUNTY or other public or semi-public agencies,
The CONTRACTOR agrees that no charges or claims for damages shall be made by it
for any delays or hindrances attributable to the COUNTY during the progress of any
portion of the services specified in this contract. Such delays or hindrances, if any, shall
be compensated for by the COUNTY by an extension of time for a reasonable period for
the CONTRACTOR to complete the work schedule. Such an agreement shall be made
between the parties.
In Witness Whereof, the parties have executed this contract as indicated below.
(SEAL) BOARD OF COUNTY COMMISSIONERS
DANNY L. KOLHAGE, CLERK MONROE COUNTY
Deputy Clerk Charles "Sonny" McCoy , Mayor
ARNOLD'S AUTO & MARINE REPAIR,
INC.
Secretary
Print Name Print Title and Name:
Date:
Or Two Witnesses
Print Name
Print Name
EXHIBIT A
Copies of Licenses:
Occupational License
Other Licenses
-,------~~-~-------- --- -~._- --~---..........-~~----- --~- ~- ~~- -- --'- ---- ---- ~-- ,---- .-_.- ~ ---" -- ~ .~ -~~ -
2007-2008 47141-0096713
'"
MONROE SEPT. 30, 2008
0-5
47141 AUTO REPAIR TOWING SALVAGE
22.00
6411 2ND TERRACE
00 - COUNTY OF MONROE
ARNOLDS AUTO & MARINE REPAIR
INC 22.00
ARNOLD RICHARD
S540 3RD AVE 33040
I\EY WEST FL
',.<- j'..~";
1'<1
. " f_.-<l.
C'/--"" \{ () tJ fv1lJ ST
. ,.DANISE D. HENRIQUEZ TAX COLLECTOR ':=::::. t-;'..,
, .. PO BOX 1129, KEY WEST FL 33041-1129 f,j--ry A O/OR .
L/,\t~f\!~r'4G ,Ar~D
0000000000 0000002200 0000471410096713 1001 5 F:ivlF
~
-------=-- ~ ----_.~----~-~--- -,--~- ~----- - ~- ----~ ---.----,----
2007-2008 29240-0024544
MONROE
SEPT. 30, 2008
29240 MOBILE MARINE REPAIR & SALVAGE
25.00
5540 3RD AVE
00 - COUNTY OF MONROE
r\fiAJL;r~iC; ARNOLD'S AUTO & MARINE REPAIR
INC
ARNOLD RICHARD 25.00
5540 3RD AVE
KEY WEST FL 33040
f"..:t
r:JI
"
o.:-:~
DANISE D. HENRIQUEZ TAX COLLECTOR :::;, . \A~)tJ iv1tJS'T
PO BOX 1129, KEY WEST FL 33041-1129 !\fW!OR
f'-~ f\J ~ ?\f (i A. N D
0000000000 0000002500 0000292400024544 1001 6 Ef\fTS.
~
COMPOSITE EXHIBIT B
Required Forms:
Public Entity Crime Statement
Ethics Statement
Drug-Free Workplace Statement
Insurance Documentation
DRUG-FREE WORKPLACE FORM
The undersigned vendor in accordance with Florida Statute 287.08 hereby certifies that:
0/. - -
. (Name of Business)
1. Publish a statement notifying employees that the unlawful manufacture, distribution,
dispensing, possession, or use of a controlled substance is prohibited in the workplace
and specifying the actions that will be taken against employees for violations of such
prohibition.
2. Inform employees about the dangers of drug abuse'jn the workplace, the business' policy
of maintaining a drug-free workplace, any available drug counseling, rehabilitation, and
employee assistance programs, and the penalties that may be imposed upon employees
for drug abuse violations.
3. Give each employee engaged in providing the commodities or contractual services that
are under bid a copy of the statement specified in subsection (1).
4. In the statement specified in subsection (1), notify the employees that. as a condition of
working on the commodities or contractual seMces that are under bicl, the employee will
abide by the tenns of the statement and will notify the employer of any conviction of, or
plea of guilty or nolo contenderre to, any violation of Chapter 893 (Florida Statutes) or of
any controlled substance law of the United States or any state, for a violation occurring in
the workplace no later than five (5) days after such conviction.
5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
or rehabilitation program if such is available in the employee's community , or any ~
employee who is so convicted.
6. Make a good faith effort to continue to maintain a drug-free workplace through
imptementation of this section.
As the person authorized to sign the statement, I certify that this finn complies fully with the
above requirements.
rK~~ cI/: ~
(Signature)
. (-3d~ of
Date:
.
STATE OF: ~OI2 l <i4
COUNTY OF: If? f/) IV' jlo ~
Subscribed and swom to (or affirmed) before me on
(date) by I /30/0 t (name of affiant). &She is
~ or has produced
t;JdJ:;,~ (~ of identifi~ as identificatiOn
"''f4~1 Q. ~
ARY PUBMg
J\RY PUBUC-STATE OF FLORIDA
.. . """"""'-:. Patricia A PRtterson
My CommISSIon Expir~_; ('ljm.mi"iiOI1 t DD695686
28 "",......,.. ExI!1feS: OCT. 15,2011
- - BOl'iDED TIlRU A11.ANTlC BVNIlllW co., INC.
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
ETHICS CLAUSE
. OMllA1UJ~i~..~. .
" ... warrents that hefrt has not employed, retained or otherwise had act on hislher behalf any
fonner County officer or employee in violation of Section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of Section 3 of Ordinance No. 010-1990. For breach or
violation of this provision the County may, in its discretion, terminate this Agreement without
liability and may also, in its discretion, deduct from the Agreement or purchase price, or
otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee..
, ~cu: ~
(Signature) .
Date: 1-3O-oS?
"-
STATE OF: ROt'(di+-
COUNTY OF: fh <0 j<,../ ~ F
Subscribed and sworn to (or affirmed) before me on
~ q(f4
(date) by . (name of affiant).&She is
personally kno to me or has produced
(type of identification) as identification.
(j) /;;;t>iQ (i;G~~ NOTARY PUBLIC
NOTARY PUBUC-STATE OF FLORIDA
. . _ ,....." ~triCia A Patterson
My commlssl01~ff O~si8i1 * DD69S686
..."m....'- Exprres: OCT. 16,2011
BONDEliJIiRU ATLANTIC BONDING co., INC.
- 26-
-
~
NON-COLLUSION AFFIDA VIT
I, ~.I~ of the city of ~ (J. ~ according to law on
my oath, and un er penalty of perjury, depose and sa that
1. of the tinn of
the bidder making the
uest for Proposals for
and that I executed the said
proposal with full authority to do so;
2. the prices in this bid have been arrived at independently without collusion,
consultation, communication or agreement for the purpose of restricting
competition, as to any matter relating to such prices with any other bidder or with
any competitor;
3. unless otherwise required by law. the prices which have been quoted in this bid
have not been knowingly disdosed by the bidder and will not knowingly be
disclosed by the bidder prior to bid opening, directly or indirectly, to any other
bidder or to any competitor; and
4. no attempt has been made or will be made by the bidder to induce any other
person, partnership or corporation to submit, or not to submit, a bid for the purpose
of restricting competition;
5. the statements contained in this affidavit are true and correct, and made with full
knowledge that Monroe County relies upon the truth of the statements contained in
this affidavit in awarding contracts for said project.
~--t(L/~
(Signature)
.
Date: / - 3<:1 ~ 0 J?
J
STATE OF: FLo,e( t:lA
COUNTY OF: 111'6;",/ /..() E
;
Subscribed and sworn to (or affirmed) befij!e on
9rJfi., ~~ d/~-
(date) by (name of affiant).@She is
~o me or has produced
(type of identification) as identification.
()~ ~<?r1~
NOTARY P Bl C
NOTARY PUBIlC-STATE OF FLORIDA
My Commission tri~ia. A. Patterson
. ::: OllHJ.=~<il'l IDD695686
\. / Expires: OCT. 16, 2011
_ 27 _ BONDEDTHRUATI.AIrnCBONDINGco..INC.
PUBLIC ENTITY CRIME STATEMENT
"A person or affiliate who has been placed on the convicted vendor list following a conviction for
public entity crime may not submit a bid on a contract to provide any goods or services to a
public entity, may not submit a bid on a contract with a public entity for the construction or repair
of a public building or public work, may not submit bids on leases of real property to public entity,
may not be awarded or perform work as a CONTRACTOR, supplier, subcontractor, or
CONTRACTOR under a contract with any public entity, and may not transact business with any
public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY
TWO for a period of 36 months fro the date of being placed on the convicted vendor list. n
I have read the above and state that neither ~ ~ (Respondent's name)
nor any Affiliate has been placed on the convicted vendor list within the last 36 months.
u;J;4~ ~
(Signature)
Date: /-3d- ag
STATE OF: fflfl-C.d- ~
COUNTY OF: /11'0 tv' It 0 IS'
Subscribed and sworn to (or affirmed) before me on
\ (date) by I /p/J )~ o/'i! (name of affiant~he is
I /
e-rsonall90 me or has produced
NOT Y PUBLIC
NOTARY PUBUC-STATE OF FLORIDA
My commission':lJeDatricia A PMtp.rsoa
~ : Commission # DD695686
",.."...,.,,~ Expires: OCT. 16, 2011
BONDED 11lRU Al10NrnC BONDING co..lNC.
- 29-
ACORD,.. CERTIFICATE OF LIASI LITY INSURANCE I DATE (MMlDDfYYYY)
4/27/2006
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ATIG ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
207B WEST STATE ROAD 434 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
WINTER SPRINGS, FL 32708
407-327-5850 INSURERS AFFORDING COVERAGE NAlC#
INSURED ::; i::iJ:..,t{ V J..\.,.J:.. , .lflll.,;., INSURER A: SUA
INSURER B:
5540 3RD AVENUE KEY WEST FL 33040 INSURER C:
KEY WEST, FL 33040 INSURER 0:
1305-296-3832 INSURER E:
COVERAGES
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. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR OO'L TYPE OF INSURANCE b~~iMi1b'E>mE ~A%1~'6m?N
LTR I'ISRO POLICY NUMBER LIMITS
~ERAL LIABILITY EACH OCCURRENCE $ .L,UUU,UOU
X COMMERCIAL GENERAL LIABILITY PREMISES lEa occurence) $
I CLAIMS MADE 0 OCCUR MED EXP (Anyone person) $ 5,00U
A PERSONAL & ADV INJURY $ .l,UUU,OOO
- BND#ARNT042806 04/28/2006 04/28/2007 $ .::1,UUU,UUU
- GENERAL AGGREGATE
~L AGGREGATE LIMIT APPLIES PER: PROOUCTS-COMP~PAGG $ Inc~Uded
X POLICY II ~~8T n LOC
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT 1,000,000
'-- $
ANY AUTO (Ea accident)
I--
y ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
A y HIRED AUTOS BND#ARNT042806 04/28/2006 04/28/2007
Y BOOIL Y INJURY $
NON-OWNED AUTOS (Per accident)
-
f-- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ .l,UUU,UUU
R ANY AUTO ~ND#ARNT042806 04/28/2006 04/28/2007 EA ACC $
OTHER THAN
A AUTO ONLY: AGG $
::5ESSlUMBRELLA LIABILITY EACH OCCURRENCE $
OCCUR 0 ClAIMS MADE AGGREGATE $
$
R DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION AND I W<2,,?,'!'LU- I IO~-
TORY LIMITS
EMPLOYERS LIABILITY E.L EACH ACCIDENT $
,&IN PROPRIETORlPARTNER/EXECUTlVE
OFFICERlMEMeER EXCLUDEO? E.L. DISEASE - EA EMPLOYE $
~~Ec1:lP~~r:lgNS below E.L. DISEASE - POLICY LIMIT $
OTHER
A GARAGKEEPERS BND#ARNT0428 0 6 04/28/2006 04/28/2007 $100,000
ON-HOOK BND#ARNT042806 04/28/2006 04/28/2007 $100,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
PER VEHICLE SCHEDULE ON FILE W/COMPANY
ON-HOOK/MOTOR TRUCK CARGO 100,000/1000 DED; PHYSCIAL DAMAGE INCLUDED STATED AMOUNT
FIRE, THEFT /COLLISION DEDUCTIBLE $1000; INC BASIC PIP FL NO FAULT;
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POlICIES BE CANCELLED BEFORE THE EXPIRATI
MONROE COUNTY BOARD OF COUNTY COMMISION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL~ DAYS WRrTTEN
502 WHITEHEAD STREET NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO 00 SO SHAlL
KEY WEST FLORIDA 33040 IMPOSE NO OBLIGA
ATTN MARIA
ADDITIONAL INSURED
ACORD25 (2001/08) CORD CORPORATION 1988