Item H8
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 20 September 2006
Division:
Growth Management
Bulk Item: Yes ---X- No
Department:
Marine Resources
Staff Contact: George Garrett
AGENDA ITEM WORDING:
Approval of a new contract with DRC Emergency Services Inc. to complete removal of lobster traps, canal debris, and abandoned
vessels (marine debris) resulting from Hurricane Wilma and other maritime debris; and rescinding the temporary amendment passed
in July of 2006.
ITEM BACKGROUND:
The contract for removal of lobster traps, canal debris, and abandoned vessels (marine debris) resulting from Hurricane Wilma, debris
from 2005 hurricane season w~ntout for bid, DRC Emergency Services Inc. won the bid and the contract went into the negotiation
stage. In the process relatively minor but important changes were requested by the contractor before they would sign the agreement.
In order to begin the dearingof the debris the County Commissioners approved an amendment to a Iollg standing DRe contract dated
February 13, 2002 by adding the marine debris clean up as a temporary measure until the contract could be more fully negotiated. The
amendment was approved in July, 2006. The contract before the BaeC today is the new and Completed version of the mariIie debris
removal contraCt along with the rescission of the temporary amendment.
PREVIOUS RELEVANT BOCC ACTION:
On July 17, 2006, the BOeC approved the "Amendment to Agreement for Services for Disaster Response and Recovery Services"
this action was taken in order to proceed with marine debris removal and to allow the necessary time to complete negotiations on the
new marine debris agreement.
CONTRACT/AGREEMENT CHANGES:
None, this is the final contract.
. ~1'AF'liItE:(;()MIVIE:NDATIQNS;
Approval .
TOTAL COST:
Est. $3.408.214
BUDGETED: Yes
x
No
COST TO COUNTY: Est. $426.027 (12.5 %)
SOURCE OF FUNDS: FEMA / MC Disaster Recovery
REVENUE PRODUCING: Yes
,J/
APPROVED BY:'1l}'t(:ounty Atty
No ---X- AMO\1NT Per Month
/ (}!j ./
VOMBlPurchasing _ lKisk Management
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included ---X- Not Required
DISPOSITION:
AGENDA ITEM NO.:
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DRC Contract #_
Effective Date: Immediate
Expiration Date: 2/13/2007
Contract PurposelDescription:
Contract agreement between Monroe County and the firm of DRC for Disaster
Response and Recovery Services specific to the removal of marine debris related to
hurricane damage
_~O""."""""?,""...'..'....___
Contract Manager: George Garrett 2507 Marine Resources /11
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 9/20/06 Agenda Deadline: 09/05/06
CONTRACT COSTS
Total Dollar Value of Contract: $ 3,408,214
Budgeted? Yes[2J No 0 Account Codes:
Grant: $ 3.408,214
County Match: $ 426,027
Current Year Portion: $ 3,408,214
125-0459105-(Wilma)-_-_
157-62520-(BIF for DV's)-_-_
- ~ - -
~~-~-
- - - -
"""""--- ~ ~ ----.-...--,.., ~
ADDITIONAL COSTS
Estimated Ongoing Costs: $---.-/yr For:
(Not included in dollar value above) (eg, maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Date In
Changes
Needed Reviewer
YesO No(;g
'~'-v /~Oor/ /. ~ f ~\
).i X \ t j i'" /
YesO NO[J0 ~\ U 1 ^",.~fl.liJ ),~
U . ~.
./
Date Out
YesO Nol[]
Division Director
Risk Managetpenh9
f\'~ \~
O.M.B./Pur~asing
-"
County Attorney r/s -(;~ YesO NOu::r7!lA/i?P'M /;)"l~
Comments;
OMB Form Revised 2/27/01 MCP #2
AME~~MrnNTTOAGREEMENTFOR
RESPONSE AND RECOVERY SERVICES
July 19~ 2006 is entered into on the _ dayofSeptember~ 2006 between MONROE
COUNrt ("COu:I"'ITY")~ a political subdivision of the State ofFlorid~ whose address is
1 Sitnonton Street, Key West,. Florida 33040 and DRe EMERGENCY SERVICES
(HORe"), whose address it 740 Museum Drive~ Mobile, Alabama 3660R
Whereas, the parties entere4 into an Agreement For Disaster Reoovety Services on
February 13~ 2002, as amended on September 17, 2003, November 16, 2005, March 1
July not include recovery of marine debris; and
Whereas, COUNTY had an ongoing need for marine debris remova.l a.fter two years of
hu.rricanes; and
Whereas? DRe has been selected th..rough a Request for Bids process to provide disaster
recovery services: specifically for marine debris. and
Whereas9 the parties wished to provide for removal of marine debris prior to the 2006
mirtl lobster season, but were unable to finalize negotiations on the agreement for said
services; the parties entered into the AMENDMENT TO AGREEMENT FOR
SERVICES FOR DISASTER RESPONSE AND RECOVERY SERVICES to aHow for
marine debris removal with the understanding that the Amendment would be rescinded
when the completed oontra(,1 was agreed upon; and
Whereas" the agreement for marine debris removal between the parties has been
completed and is entitled, AGREEMENT BETWEEN DRe EMERGENCY
SERVICES LLC Ai~D MONROE COUNTY~ FLORIDA FOR PROFESSIONAL
SERVICES; now therefore,
IN CONSIDERATION of the mutual promises and conditions contained herein. the
agree as
1
"-~
AGREEMENT FOR SERVICES FOR DISASTER
IS
in their
these presents to execllted
(SEAL)
Attest: DAN}JY
FLORiDA
,
KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY,
By:" " ,
Deputy Clerk
By: ~
Mayor Charles "'Sonny" McCoy
Date:
Date;
DRe Emergency Services LLC
BY: ~~ -
Au 'gn. tor orporation
Date:
Date:
Cit- t -2n~
2
MONROE COUNTY c4,TTORNEY
~~~'PR~ED A~ TOJ::~!:lW ... /~/
4~~ y:J./ ~:)... , /';:;? /1 / // .;.~ j/
- ~-~0,,~;;Nm''"'; __,,^___.c ~ f -z /' -- ~::
/"., NATllEENE W. CASSEL.' .
ASS!STAN! COUNTY ATTORNEy
Date :1~S~D:;
10~87 EMERGENCY SERVICES 5554
r,.-1(;r"jROE COUNTY ATr G9~CO: ill d .tn. 09-01 u~d.H)o
AGREeMENT BETWEEN
DRC EMERGENCY SERVICES LLC
AMD
MONROE COUNTY. FLORIDA
FORPROFE~NAlSER~CES
This Agreement eAgreement") made and entered into this _day of I
2006 by and between MONROE COUNTY, a politiCal subdivision of the State of Florida,
whose address is 1100 Simonton StnMt, Key West, Floridaj 33040, its successors and
assig~ hereinafter referred to as uCOUNTY,<< through the Monroe County 9()ard of
County Commissioners \BOCC"). and ORe · EMERGENCY SERVICES LLC, a
limited Uib11ity company orgarri%ed under theiaws of AJabama, authorized to transact
business in the State of Ronda, Its successors and assigns, hereinafter referred to as
"ORe"'. The word #parties" shaD refer to both ORC and COUNTY.
WHER!AS, COUNTY requires professional serviees as may be required to effect the
removal of hunicane debris including lobster traps, canal debris, marine debriS including
abandOned/derelict vesseI$, and other derelict ~s requested to be removed by
COUNTY; and
WHEREAS, COUNTY has sought a contractor for the projed through a Request for
Bids; and
WHEREAS, ORC was awarded the bid over other contenders; and
WHeREAS. ORe represents that it is capable and prepared to provide such services to
COUNTY, and;
NOW. THEREFORE, in consideration of the rnutuaI promises. covenants and
agreements stated herein. and for other good and valuable consideration, the sufficiency
of which is hereby acknowfedged, COUNTY and ORe agree as fotlows:
ARnCLe 1 - EFFECTIVE DATE, TERM OF AGREEMENT
1,1 The effective date is the date of this Agreement .r 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 shalt have the option of extending the
Agreement for fwe (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
~pprovat Such extension shalf be in the form of a Wlif.terl Amendment exea.rted with the
~e formality as this Ag~ .
ARTICLE 2 - SERVICES TO BE PERFORMED BY ORe
2.1 ORe shall be prepa~ to respond to any of the folloWing types of events:
HlJ~, tornadoes, floods, wIldflffil ~ spiUs, mass migration, nazardclJS materie:ls,
tem.lrist attacks, weapons of Mass Destrudioo (WMO) incidents disease carrying wctor
1
SB?-01-200G oe:5S
3052923616
95%
p = 002../01 S
L
F.OC2
1,--2006 iO~37
DRe EMERGENCY SERVICES
Cc
"
09: 00: 55 m OG-,.(li <2'006
261 343 5564 P.008,,~O
;}
hl0NROE GOJroJT\" /\TT
oo~. biclcgiel'lll vim! th~l fires and explosions, and other nawrai and man
made EMmte,
2.2 Me shall petform service:s stated in the Scope of Work. EXHIBIT A. subject to
subcontrads approved pursuant to Artlele 10, as may be specifICally authorized by
COUNTY. Such authorizations will be Ilitferred to as Task Orders, Each Task Order will
set forth a specifIC scope, of $&t'Vi(;es, ratelamount of compensation, estimated;
completion date, and other pertinent details of the Ui&k being authorized. This clause
does not restrict COUNTY from ubl%ing its own work force, labor and/or equipment to
perform said services,
ARl1CLE 3.... COMPENSATION
3.1 COUNTY shall pay ORe in accordance With the Fee Schedule EXHIBIT 8, which
is attached. hereto and incorporated by reference as part of this Agreement. if 'needed,
compensation may be negotiated as a lump sum or noMo-exceed amount for any Task
Order containing a task covered by the soope of wori( of this Agreement but toiwhioh the
fee Schedule cannot readily be applied.
3.2 ORe shall submit semknonthly invoices for$ervice8 renden!d. Invoices must
reference the Task Order number. InvOices shall include a statement of progress and
appropriate audit quatity detail to satisfy the reasonable requiNmEmts of any Fedend or
state agency, which may provide potential reimbursement of the costs ~ated with
this Agreement. ORe shall be pakf according. to the Florida Prompt Payment Act. Florida
Statute 255.0705 '- 255.018 subsequent to submission of a complete invoice for services
induding the supporting documentation. ORe Wilt be paid for those Items not in dtspute
and disputed items win be resolved as exped'ltiousfy as possible and paid within 30 days
of a resolution,
I
3.3 If such state or federal agencies require additionaf explanation or an adjusted
format of the information submitted, ORe wiU make reasonable and necessary changes
and provide appropriate personnel 3$ required to work and negotiate with such agendes
on COUNTY'S behalf, .
3.4 Payment to ORC by COUNTY is not contingent upon COUNTY being rSimburseCf
by the Fedel'ill or state agency, Payment to ORe wiII be made for any work directed by
COUNtY, which may be determined by Federal and state agencies to be ineligible for
reimbursement COUNlY IS NOT RESPONSIBlE FOR PAYMENTS TO ORe FOR
WORK NOT OIRECTeD BY COUNTY.
3.5 All invoices shall be delivered to:
Mr. ~ Garrett
Division of Growth Management
Department of Marine- Resources
2780 Overseas liighway, Suite 420
Marathoo, Florida 33050
order for both ~ herein to dose their books and rtiCords, ORe will dearly
me aFtNAlINVOICE" 00 DRC:S finaIItast billing to COUNTY. This certifies that all
2
SEP-Ot-200G 08:59
306292;3016
S3%
?Dr)3
SEP-Qi~2006 10~37
DRe EMERGENCY SERVICES
25
5564
01 LOte
3o-52D23.j'~ t
t",,10j\jRUE COtJNTY
09:01 '-57 ~ m
ierviCM have 00e" properly performed and alf Charges sod ~ have
COUNTY. COUNTY, in writing, must agree to such eertiflcation,
3. "1 COUNTY wiD retain 10% of the payment under each Task Order unit until such
time as the entire project Is completed to COUNTVS satlsfaction.
invo~
3.8 COUNTY$ perfonnance and obligation to pay under this contrad is contingent
upon an annual appropriation by the BOCC.
ARTICLE 4 -INSURANCE
4.1 ORe shaD name COUNTY as additional insured on COUNTY'S insurance
policies and aft other ,equIrame.,ts found to be in the best interest of Monroe County as
may be imposed by the Monroe County Risk Management Department. ORe has
provided the COUNTY with a Certlfteate of Insurance from Gray insurance COmpany,
see attached hereto and made a part hereof as Exhibit c. ORe shall maintain the
Insurance 8$ listed on EXHIBIT C.
4,2 Notwithstanding the provisions of'Sec. 168.28, Florida Statutes, the participation
of COUNTY and the ORe in this Agreement and the acquiSitiOn of any commerdal
Uability Insurance coveraget setf..fnsurance coverage, or local government liabifity
insurance pool coverage shah not be deemed a waiver of immunity to the extent of
liability coverage, nor shail any contract entered into by COUNTY be required to contain
any provision for waiver.
ARllCLE 5 -sTANDARD OF CARE
ORe shall exercise the same deQree of care, skill, and ctiligence in the performance of
the services as is ordfnarify provided by e comparable professional under simUar
circumstances.
ORe warrants that skiled and competent personnel shall perform all services to the
highest professional standafds.
ARTICLE 6 -INOEMNlFlCATlON
ORe agrees to prote~ defend. indemnify, and hold harmless COUNTY, Its employees
and representatives., from any and aU daims and liabilities, for which COUNTY, its
employees and representatives, can or may be held liable as ~ result of injury (including
death) to persons or dQrnsge to property occ:urritlg by reason of any acts or omis$rQns of
ORe, its emptoyees Of agents, arising out of or connected with thts Agreement
COUNTY shat! not be required to indemnity ORC,
ARnClE '1 -INDEPENDENT CONTRACTOR
ORe undertakes, perfoonanca of the seMeesU an independent oontrador and shall be
vvnony rasponsibfe for the methods of performance. COUNlY shall have no right w
supervise the methods used, but COUNTY shatl have the right to obseM such
performance and shale report to the BOCC regarding ihe progress, the methods used
mdthe oo~ or~ otsaid ~~
j,
SEP-Ol=2006 09:00
3062SZS5115
93%
P.Q04/0i9
4
~
P.004
1'~2006 lO~:38
DRe EMERGENCY SERVICES
251
305?~::)J~1S.~ [i
[yiONf<Ot: COUf,;(tv A TT
-17
00. 01 ~.e00D
AU perlorm~ee be in I!ICOOrdanre 'Mt.fl ali app!k:a~ state, federal and county
ominsnoos, rules and regulatioos. and ORe win be re.sponsible for perfoonanot:t to
obtain the maximum possible reimbursement from applicable agendas,
ARTICLE 8 - NO PLEDGE OF CREDIT
ORe shaJl not pledge COUNTY'S crean 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 PRACnCE
ORe represents and warrants that it has and will continue to maintain aU licenses,
registrations and approvals required to COnduct its business, and that it will at all times
conduct its business actiVities in a reputabte manner,
ARnCLE 10 - COMPUANCE WITH LAWS
in perforrnanceof its services. ORe Wilt comply with appIIeabte regulatory requirements
including federal, state, county, special dIStrict and looallaws, rules, regulations, orders,
codes, criteria and standards. .
ARTICLE 11 - SUBCONTRACnNG
COUNTY reserves 1he right to accept the use of a sub-contractor by ORe or to reject the
selection of a partiCUlar sub-confnlctor and to review the capabilities of any sub-
eontractor to properly perfonn Ynder this Agreement, unless expressly provicJed for
therein, such approval shall in no manner Of event be deemed to impose any additional
obligation upon the Board. ORe agrees that any contracts it enters into With any
subcorrtractor shall comply with all of the provisions of this agreement.
ARTICLE 12~ FEDERAL AND STATE TAXES
County is exempt from payment of FIorida state Sales and Use taxl$. The ORe $hat!
not be exempted by virtue of COUNTY'S exemption from paying sates tax to its
suppliers for rnaterial$uSed to fuffiU its obligations under this contract, nor is the 'QRC
authorized to use COUNTY's Tax Exemption Number in securing sum materiaJs. The
ORe shall be responsible for any and all taxes, or payments of withhofdJng, related to
services rendered under this agreement
ARTICLE 13 - GOVERNMENT'S RESPONSIBIUTlES
COUNTY shall be responsible for providing access to aU project $Jtes, and providing
information required by ORe which. is avaUabte jn the- flies of COUNTY and t&strid8d
by law, litigation Of privilege,
ARnCLE 14 - TERMINATION OF AGREEMENT
COUNTY may terminate this oonb'ad: fur cause With fifteen (15) days notice to ORe.
~ sha~ oonstitute aI breac:h of the Obligatic:ms of ORe to perform the M~
enumerated as ORe'S obrigationS IJf!der this Agreement Either of the parties h~to
4
SEP-Ot~200S 09 00
3052923-51G.
S::J~~
5654
?~
i9
5 f?1
~
PoC05
SEP~O -200G iO~38
DRC EMERGENCY SERVICES
25 i a4:3 Sf,54
sO;:-292:}:)15
rAONROC GOUi\JTY Ii Tl
09,02.57 8 .t1~" (>}~Di +2006
may terminate this contract 'Without ca~ by gMng the ather party sixty (50) days
writt:Em nab its inteooon to dO' so,
ARTICLE 16..- GOVE~NG LAW AND'VENUE
This Agreement shall bEl governed by and construed in accordance With the laws of the
state of Florida appIicabre to contracts made and to be performed entrrely in the State.
In the event that any cause of action or administrative proceeding is instituted'for the
enforcement or interpretation of this Agreement, COUNTY and ORe agree that venue
wifllie in the appropriate court or before the appropriate administrative body in Monroe
County, Ronda.
.ARTICLE 16.... NON-DlSCRlMINATlON
COUNTY and ORe agree that there wII be no discrimination against any person, and it
is expressly ~ood that: upon a determination by a court of competent juri$diction
that discrimination has occurred, thfs- Agreement automatically terminates Without any
further action on the part of any party, effedive the date of the court order~ COUNTY or
ORe agree to comply with sO Federal and Florida statutes, and afllocal ordinances, as
apptleabJe, relating to noocflSCrimination. These inclUde but am not Omitad to: 1) Title VI
of the Civil Riahts Act of 1964 (pL a&.352) whk:h prohibits d'tscrimJnation on the basis of
race, color or national origin; 2) TIfle IX of the educatiOn Amendment of 1972, as
amended (20 use U. 1681- 1683, and- 1685-1686), whlch prohibits diserimfnation on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1913, as amended (20 use
s. 194), which protUbJts dlscr1mination on the basis of handicaps; 4) The Age
Discrhnination Act of 1975. 1$ amended (42 use ss. 6101~ 8107) 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 nondisctlminatfon on the basis of drug abuse; 6)
The Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and
Rehabilitation Act of 1970 (Pt. 91-616). as amended, relating to nondiscriminatiOn on the
basis of aloohof abuse or aJcohoIism; 7) The Public Heatth Service Act of 1912, ss. 523
and 527 (42 use sa. 69OdcJ..3 and 290ee-3), as amended, relating to confidentiality of
afcohol and drug abuse patent records; 8) Title VIII of the Civil Rights Act of ,1968 (42
use s. lit seq.), as amended, relating to nondiscrimination in the sale, rental or financing
of housing; 9) The Americans with Disabfflties Act of 1990 (42 use 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 statute3
which may appty to the parties to, or the subject matter of this Agreement
ARnCLE 17 - WAfVER
A waiver by either party of any breach of this Agreement shall not be binding upon the
waiving party unfets such waver is In writing signed by authorized person for ORe aoo
app~ by BOCC. In the event of a written waiver, SUCh dver shalf not affect the
waNing party'$ rights with resped to any Other or further breach. The making lOr
acceptance of a payment by either party With' knowledge of the existence of a default or
breach shafl not operate or be construed to operate as a waiver of any SUbsequent
default or breach,
s
SE?=Ol-200S 09:01
3052923"5i6:
S3~';
p" 005/""0 i ::j
!? 1
P,OOG
SEP-Q.l'-2006 0:39
DRC EMERGENCY SERV CBS
261 :343 ",554
3r:;2U;23~i6
MONRO? COUNTY
09:03~) g
=< SEVI!ftABIUTY
The i.rwaIldlty, iUegality, or unenf~lity of any pro\Mion O'f th~~, Of the
occurrence- of any event rendering any portion or proviSion of this Agreement \foid, $half
iflno way affeet the validity or enforceability of any other portion or provision of the
Agreenmnt. Any void provision shalf be deemed severed from the Agreement and the
balance of the Agreement shall be construed and enforced as if the Agreement did not
contain the particular portion or prov'tSron held to be void. The parties further agree to
reform the Agreement to repface and stricken provision with a provision that comes as
close as pontbJe to the intent Of the stricken provision.
ARTICLE 19 - ENTIRETY OF AGREEMENT
The parties agree that this Agreement sets forth the entire agreement between them,
and that there are not promises or understandings other than those stated herein, This
Agreement supersedes aD prior contracts, representations, negotiations, letters or other
communications between COUNTY and ORe pertaining to the services, whether Written
or oral. None of the provisionst tenns and condftions contained in thls Agreement may
be added to. modified. superseded or otherwise altered except by written instrument
executed by 1he parties hereto. .
ARTICLE 20 - MODIFlCAnON
This Agreement may not be modified unless such modifications are evidenced in writing
signed by both COUNTY and ORe, SUch modifications Shall be in the form of a wrttten
Amendment exeeuted by both parties.
ARTICLE 21 - SUCCeSSORS AND ASSIGNS, ASSIGNMENT
COUNTY and ORC each bind$ 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,
ORe shaN not assign thrs Agreement Without expre$$ written approva! of the BOCc
executed in the same manner as this Agreement
ARTICLE 22.. OWNERSHIP OF THE DOCUMENTS
Any and all documents, records, dim. original drawings. Of other information and
. become th$ property of COUNTY for itS use and/or distribution as COUNTY may deem
appropriate,
ARTICLE ~ NOnCe
My notice or demand required or permitted under this agreement shall be in writing and
hm'ld dsiivered or mailed, postage prepaid, to the other party by certified mail, retufl"'ied
~pt requested, to the following:
6
SEP-01-200G 09~02
3052923616
93~{
P.007/0i9
P.007
-2006 ~39 DRC EMERGENCY SERVICES 25
::}{i.52'&235i 6 iVl()NH.OE COUNTY 00.D4, 18 fLrn O~-Ol ~~O(j0
Mr. George Garrett
Division of Growth Managemmt
Department of Marlne Resources.
2780 Overseas Highway, Suite 420
Marathon, Florida 3$050
AND
Mr. Thomas Willi
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
FOR ORe:
ORe 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, postag& prepaid, to the other party by
certified mail, returned receipt requested,. Notices shaff be effedive 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 shalf 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..rn. 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 ORe shaH be under the genera! direction of COUNTY Administrator, or his
designee, who shaU act as COUNTY'S representative durJng the tetm of this Agreement
ARTICLE 25 - TASK ORDERlPERFORMANCE
Task Orders shall be exe-cutsd bilaterally and the scope of services and format of'Task
Orders shall be mutuaRy agreed to by ORe and COUNTY, COUNTY shall have the right
to correct for vendor def:aUft or underperforman<:e by any means it deems in its best
imerest ORe win be required to provide a weekly report on quantity of work performed
under each Task Order.
ARTICLE a. BONDS
ORe wm furnish Q performance and payment bond for any and/or ail Notices to Proceed,
'j
,
SEP-Oi-200S 09:02
3052923516
'j;~%
p , 008~/O i
a 121
1'.008
10:39 DRe EMERGENCY SERVICES
f"iiONROF COUNTY !\TT
0-1;}04~;;i D-Ji) OQw01-/u(!-i}
25 :34:3 5554
27-AUTHORrrV
each party represents and warrants to the other that the execution, delivery end
p&rfOtmance of this Agreement have been duly authoriled by all necessary County and
oorporate adien, as required by Iaw~
ARTICLE 28 ft CLAIMS FOR FEDERAL OR STATE AID
ORe and COUNTY ag~ that each shaff 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 proposaf$, and funding soJlcitations shail be approved by
each party prior to submission.
ARnClE 29 . PRIVILEGES AND IMMuNmes
AU of the privileges and immunities from liabilityl exemptions from taws, ordinances, and
rutes and pensions and relief, d_lity, workers' compensation, and other benefits
which appiy to the actMty of officers, agents, or employees of any public agents or
employees of COUN1Y, when performing their respeetlve .functions under this
Agreement Within the tenitorial.limits of COUNTY' thaff 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 OBUGATIONS AND RESPONSIBlUT.ES
Non-OeJegation of Constitutional or Statutory Duties. This Agreement is not intended to,
nor shall It be constnJed as, Nlieving any participating entity from any obligation or
responsibifity imposed upon the entity by law except to the extent of actual and timely
perfonnance thereof by any participating entity, in which case the performance may be
offered in $8tisfaction of the obligation or responsibility. Further, this Agreement is not
intended to, nor shalt it be- construed as, authorizing the delegation of the constitutiOnal
or statutory duties. of COUNTY, except to the extent permitted by the Florida constitution,
state statute. and case taw.
ARTICLE 31 ~ NON-.RELIANCE BY NON-PARTlES
No person or entity shall be entitled to reJy upon the terms, or any of them, of this
Agreement to enforce or attempt to enforce any third-party claim or entitlement to or
benefit of any service Of program contemplated heretlnder. and COUNTY and the ORe
agree that neither COUNTY nor ORe Or any agent. officer, or employee of either shaU
have the authority to inform, counsel, or otherwise Indicate that any particular incJMduaf
or group of indMduals, entity or entities, have entiUements Of beneflts under this
Agreement separate and apart, inferior to, or superior to, the community in general or for
the pu~ contemplated In this Agreement
.ARTICLE 32 " ATTESTATIONS
ORe agrees to e~ sue:t\ dow~ a$ COUNTY may ~~y require, to
include a Public Entity Crime Statement. M Ethics Statement, a OrugwFre
WmkpJac& Statement
8
SEP-Oi-20CG 03:03
93~~~
P,009./01
{j J21
r.UOS
O~40
6
MOM,Wi::: COUN 11' A n
DRC EMERGENCY SERVI
1 iL1
251 :348 5564
QG10,~,"_.O 9
0&.05.:323,,')1 0;)..()i~2:0f)B
ARTICLE 33 - PERSONAL UABiUTY
No covenant or agreement contained herein shaI be deemed to be a covenant or
agreement of any member, officer, agent Of employee of Monroe County in his Of her
individual capacity, :and no member, officer, agent Of employee of Monroe County shail
00 liable personatiy on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement
ARTICLE 34 D 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
refemnce 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
IN WITNESS WHEREOF the parties hfnto have executed this Agreement on the
day and date first written above in four (4) counterparts, each of Whtch shall. without
proof or accounting fot the other oounterpart$, be deemed an original contract.
(SEAL)
Attest: DANNY L KOLHAGE. CL.ERK
By:- .
Deputy Clerk
Date: \
SEP~Oi~200~ 09:04
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By: ~ .......,
Mayor Cha:rles "Sonny" McCoy
Date: _
""
0a1:e:
MONROE COUNTY ATTORNEY
APPROVED AS TO ~M:
Z/l~ . \ //, //
~ /'vA/, /:;) (/~
/ NATILEENE W, CASSEL
ASSiSTANT. COjJNTY ATTORNEY
Date t.) -~)f
fi
"
is
9~3X
? _ CliO
1-2006 10: 40
30::;<292-351 t3 MONh~Ot:.
DRC EMERGENCY SERVICES
25 3.4~1 5554
P Oii 019
O~LO&.OL a.fn. 09-0!-200fJ
1 i /21
EXBIBIT A
SCOPE OF WORK FOR MAlUNE DEBRIS
Lobster tra~ M.min.e Debris, and Abandoned Veiftls
Lobster TraD Remonl
DRC will be te$pOl1S101e for managing the removal m1d disposal of lobster traps destroyed or
~ damaged as the result-of the 200S and subsequent hunicane se&som within the life
of the AgrceD.'umt; to include the identifi<:ation of locations in the water of whero significant trap
debris ~ working with the Monroe County Commercial Fisherman (MCCF) or othet entities
as- appropriate to locate, remove, and dispose or ~ and oversight of field monitorin& and
b~h~~~ .
Detailed Responsibilities:
II DRe will be respClfiS1"hlc for locating appropriate Temporary Debris, Sites and Reduction
Sites
III ORe will provide :tnanagement and oversight for County de.signated temporary debris
sites to manage trap .line~ fwme}s, and buoys prior to appropriate disposaL Sites can be at
fish. houses or commercial fishina ~ facilities. Disposal sites for wood and <XJnctete
portions (If traps will be 38 follows - various County designated of&bore sites in the Gulf
and Atlantic Oceatl. .
Site ID &timatcd D~th. (Feet) ~c Lonldtudc
01 40 204.51244 .82.14985
02 33 24.49513 ..81.96367
03 31 2451528 -81.82093
04 28 24.54376 -81;62800
OS 40 24.56686 ..81.44104
06 43 24.60182 -81.28612.
'07 39 24.64480 -81.134$4
08 21 24.77655 ~SO.78988'
09 14 24.89500 -80.$8864 .
10 23 25.024.91 =80.41809
11 26 25014859 -80.28529
12 34 2S.2SSS8 -80.1&986
13 20 24.96675 -81.34483 i
::
U:47:oo AM
EXHIBIT A
SEP-Oi-2006 09;04
305292351t;
93%
P.Oli
-2005 10:40
Ot"-JFJJF
DRe EMERGENCY SERVICES
TT
251 :343 5554
F 012./0 :3
i}9.06.J;j Q.nL t)'3~01 <e006
(}1
_~i -"""" - .,. "'" .....,." -..- -~-.,
! i !
I : ,
I f I j
--; i 1
I ~ i j
! I j ! . I i I
! i I
, I I
r I
f I _I
, ! . I ! .2
- I
~ I
I
: ,
r ~.J ,
,
T
1 ! I
!
.'
1 _.2 j M
i .
, .' I
...... I
. N j ..
......... "" ... ... .... '" ~ ---~ ., ., .."... or -. .. .".,......
· Detennine locations of sigoificant lobster trap debris in an area. from Key West to K,ey
Largo a1Jd the Monroe County portion ot the "Eigbtoen Mile Stretch.>> to include
municipalities. No effort should be made to assess the area within the bounds of
Everglades NatioJW. Park. Assessment of debris: locations should not extend beyond %
n:tile fUrther. toward the ocean or gulf:from the .islands connected by U.S. highway 1.
unless there are known. shallow water flat areas which may harbor. trap debris. In
additi~ a less detailed assessment of the existe.o.ce of lobster trap de:bsU should be
oompletcd for the a.rea ten roiles (plus or minus) west of Key West
.. 'Traps to be !'eInOVed win include only those that have washed up on shallow water "fiats')
in the kys or whic:h otherwise exist in the near shore environment of the Keys and are
tmgied with other trap material (trap lines pwcularly); SlJcn that these tn1ps cannot be
~ u being active or futtd.im:ml for "'fishing,>>
@ DRe will provide ~on 8:ld pro~ oversight t'l$ requited by FEMA. the State of
Florida. and the County in oonjunction with County Staff and/or . a IIlonitorin,g fum
tmpl~ by the CollOt)>, Mooitorin,g will mdnde d~oo ad:w11 trap re:woval
~UDt$ of complete or partial traps and coord-inafjoo FB:MA, the State of F.Iori~ or
Monroe Coumy fur ~t1cati.on of such ~
~t:
6/iW2iiXiG n;4~ AM
SEP-Oi-200S 09:06
3062S235
93;~
y<Oi2
10:
DF:(~ Er1;lEROENC:Y EiERV I (:ES
251 343 55e:~4
p ~ 013-/01~i
M()NRC)[ CUUNTY/\TT
D~n7.11!Tj 09~Ol ~200$
13/21
$ MomtIe County will ~ ~ ~tmonitoriIl.g team. representing the COunty as
the project applicant
1lI DRe will be r~Dle for the managem.ent; of all project expenses and billing
documentation as will be required by ~ the State of Florida, and the County
e DRQi through sepm:ate sub-contract(s) will accept the assistan~ pi any other valid,
qualified contractor as needed to assist in this project, DRC: . feserves the right to
solely detcnnine if the sub-oontractor in question is qualified to participate in this projea.
C.D.J1and.Neal" Shore Debris CJeaJt<o.U.D
DRe will be teSpOnS1'ble for managing the removal and disposal of,marinc debris in ~A!]madc
canals. which has resulted from the impacts of the 2005 and subsequent hurricane seaspns within
the life of the Agreement. Efforts are to i11clude the identffieation of locations in the water of
where significant marine debris exists, oontraeting with local marine contractors to; locate.
:remove, and dispose or mat:ine- debris, and. oversight of field Operations for the- project.
Detailed Re5pOnSJ.bilities:
· DR.e will be responsible for lo~ ~priate Temporary Debris Sites and Reduction
Sites
· Management and oversight of County designated fem.porary debris sites for storage of
mariDC debris prior to appropriate fiw.d disposal.
· .Dekmrlne locatioDS of marine debris in man-made canals withtn an area to. include Key
West to Key Largo and the Monroe County portion of the "'Eighteen. Mile Stretch/' to
melude the :n::tI.micipa1itIc;. The definition of mamnade canal, shall be that found .in the
Monroe County Code of Ordin.ances as follows:
Man..made water body means a water body that was created by excavation by mechanical means
under htlIWll.1 control and shall include a canal~ cut basin, or channel where its edges or margins:
haVe $ub~uently been modified by natu.ra1 forces (See Definitions) Chapter 9.54 (M-4).
(1) For the ptllpOses of this. chapter; such water bodies may have natural components, fur
instanoe a channel or canal may have been dredged. such that the dredge material was used to
cn.'latC land on. one side, but not the othert 'thus lea"ring a relatively natural shoreline on the
opposite aide.
(2) Also for the purposes of this chapter) the. ~~made water body must have "Btdldings, '1 as
dcllned m. Chapter (B<.9)~' along im i!OOrew to 00 ilpplicabli!L Ifbtrildmp ~ not pr~t
on a given shoreline on the date of adoption oftlrls ordi~ but such buildin.g8 are oon.stroc.ted
at a later date, then this ordi:l.lance becomes effective at that ~
, .
'$ ~ to-tal pt1tu::l.tial vol'U:!:De Of ~ lUttrie' (1inew; feet of~} w.ns~ etc.) for the
amount of ~ likely w be removed md disposed of, Marine debris should
mdude men is ~J.Sible on or the wa-r.mi ~ce md that would
:
~f:
iV!S'~ i i:~'!;OO Al.\il.
SEP-Oi-2006 09:05
~06aS23616
9;;;0"
.t'<Oi3
SEP-Oi;~200S 0 ~ 41 DHC ENERGENGY BEHcV I
MONROe CCuN I A II
26 i 34:3
p~ 4.../019
OS:O/:,';}/e ~Lm ~){j(1fj
i 4 ill
~ a hawd to gafe navigation or be a pClWltW risk to hm:uan health jf not removed,
Such ~ debris s.b!rJ1d not be debri$ attach.ed to personal property unless. pemrission
is provided to mnove such debris. An effort should be made to contact a prop'erty ovvnet
to 00tain permission to re.move ma:terial that is obviously d~ but which may be tied Of
otherwise affu:ed to land for reasonS of maintaining clear ~O1l.
~ Complete Cont.ract.s for Service with loea! ma.r.ine ront"ladOt'$ to f~o'Ve debris :froxn
mamnade canals located. in the project work area.
· DRe will provide supervision for project ovemgbt efforts as requLf'Cd by FElv!.-'\ 0'1' the
Nat:ut:i1 Resources Conservation Service (NR.CS) (U.S. Dcpartm.ent of Agriculture), the
State of F1o~ and the County in coordination with County staff and/or a monitoring
firm cm.ployed by the COU1'lt3.
" .
· Monroe CountY will maintain an indtpendcnt monitoring team representing the County as
the project applicant.
(11 Dlle will be resportSlole for the m.anagem.ent of all project ~ and bil.1ing
docum.eutation as will be required by FB.M.A at mes, the State of Florida, and the
County .
Abndonat Vessel Recown- ud ~
DRe will be tcSpOnS1"'ble for In3J:Iaging the r=oval from ~ water, impound aDd auction or
disposal, of abandoned vessels sunoundiug the Florida Keys which are largely, but Mt
exdtls:i\lc1y, the xesult of impacts of the 20QS and subsequent humcane seasons within the life of
the A.greeJnc:nt. Efforts are to include the detailed. cost assessment for the removal of larger
vessela which. are located :in shallow waters . and a-rc bard qround. Wark will also include
obtaining necessary salvage approvals through applicable: state and fed.eta1 agencies, including
tho Florida Keys National Marine Smetumy, the United States Coast ~ the U.S. Fish and
Wildlife Sezv:i~ and the Florida Fish and Wildlife Conservation Comn:dssion.
Detailed Responsibilities:
e DRe will be respoosl'ble for loca.thlg ~ Temporary Debris Sites. and Reduction
Sites .
· Determ.inc m.urent locations: of re.maining abandoned ~els and dctennine the least
costly approach .for salvage or disposal as appropriate, Maps provided show approximat.e
locatiOn of v@sse1~ ~ Hurricane Wilma. AdditioMl info.m:Wioo may be a:vailable
c>>n~g th~ir cmrem dispos,itiQf'..
.. In tile e'Vetl.t fJf future ~ and simi~ :in1.pacts. :l:ttdf will WOfk with DRe J Cahabll ro
locate aM :map V~~ and otMt :m~ debris post ~ ~ Siron prodUd:ll
suppllW! the maps provi4ed h~
~t
6n~/2tu:iS ! 1:47:00 AM
$~P~Cl-2006 08:06
S052923!H G
93%
v"Oi4
SEF~Ol
305?t:l;?;;~16
10: 41
"
~
~1:
Gll!!.llOOO 'i1:~I'~ J\M
SEP-Cl=2006 03:07
EMERGENCY SERVICES
M()NR()~ CouN i Y ld 1
Os
<8,fn.
30529236iS
S3;~
261 ;343 565/k
O~J 01 ~L:000
~ 015--/019
1 /2i
p,~ 15
SEP-Qi-2006
:3052023516
0;41
EMERGENCY
ICES
MCiNROi:: COUN! Y
+
$~ . 2005
~.~~
]
I
Ii
M
()9:u9:33 CUT:
It:A;~AM
09;03
3052923516
-
9:5%
251 34-3 5654
D0A)1 <)DOt]
I
I
\
~ 16/019
1 ij /21
F',01G
SEP~Qi-2006
10:42 DRC EtrIEHGENCY
I ,~'oc-
'+J!:,..2'---.J"
26:i 34:3
~.iH)NROC COuNTY /\ YT
1023 "III. i.l1:iOo0
1Il Mmag~t ovwight County designated ~t<<y debris
marine debris prior to appropriate final disposal.
. $ ~ tow potential value of the removal operation whether by means leading to
disposal or bymeans appropriate for salvage and sale for cost,
for storage
e Work with local~ ~ and fedem1 agencies 10 approve salvage plans for vessels that are
located on sensitive marine or wetland resources, including shallow water seagrass areas
and mangrove communities.
'.. Priot to ultimate removal from the marine environment, reach agreement With local, ~
and federal agencies on which ~ vessels will be- "eligible" under FBMA' s
eligibility guidelines.
'* Prior to ultimate removal from the marine envirOl'tmen4 reach . agreement on which
vessels will he temoV'Cd for disposal and which 'Will. be removed to.a holding site for oost
recovery through sale to an original. ()wnCf or auction.
· ORe will provide supervision for project oversight efforts as required. by FEMA and the
County in oonjunetion with County staff and/or a monitoring mm employed by the
County,
.. Monroe County will mairttain an mdcpendent monitoring team representing the County as
1he project applicant.
iii' DRC a. will be responsible fot an projeol:: overSight where salvage plans have been applied.
fur and approved and !1~ salvage. criteria or oonstnrin.ts are imposed by approving
agencies.
'fI DRe a will be responsible for the ~ent of all project expenses and billing
documentation as will be ieqwted by Fmv1A and the County
~f
SI,-ii12OO€ H~'l'X;--Q AM
SEP~Oi=200b 09:0e
3052923516
93%
P~017/-'Oi9
') ( /21
F~017
SEP-Oi-2006 10~42
DRe EMERGENCY SERVICES
.-,r-
4':)
5554
.0 8/0
,;"..
H
CC'UNTY
t)0~ 1 tL
09-0-0 i -2006
1 U /21
EXHIBIT B
FEE SCHEDULE FOR MARINE mAP, VESSEL, CANAL CLEAN-UP,
MARINE DEBRIS AND DERELICT VESSELS
Tn>> Deb.ri'.i
Cost uer Trap Removed
Shallow Water (()..2')
$ 41.50
ChaIwels (2' plus)
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
fat transportation to a permatU":nt disposal ma.
2. Trap ~ trap funnels. and buoys are to be disposed of at appropriate 1and~based
disposal sites. .
3. ~ possible, the Contractor will work with local commercial fisherman and other
~k~~~~~MW~~~~~~~
Canal DebJjt
Costs for Canal. Debris Removal
C & D debris removal from canals.
$ 19.58
$ 19.58
per linear foot cleaned
Vegetative debris removal from canals.
per linear foot cleaned
Vesse! aDO Otlaer ODeD. W.~~.Matira.ttllo:bris
Labor and Com of boat AA4 vessel removal
BootsN essels retrieved from. the land by means of wrious equipment No water borne
equipment
$ 150.00
per.~
of'V~i
Open Boats and Sldffs up to 18 feet in length retrieved from the ~ by ~
various equipment. mcluding barges, ~ ~ etc.
Sal~eable: $ " 25"00
EXHIBIT B
SEP-01-2006 09:09
30521323516
93)~
PeCie
SEP~Qf-2006 O~42
DRe EMERGENCY SERVICES
25 ~34~;
p, Oi9~/Oi9
B
MON,q()F COUNTY' f\TT
0~J. i 1 i:3 Er- IT~ . O-!J -0 t <20CHS
Hi/Iii
Other to loogth
equipment, includ.ing barg~ cmnes, ~ etc.
~:r ~
Salvageable: $ 150,00
Non Salvageable: $ 225.QO
_ . per linear foot of vessel
per .linear foot of vessel
Other Boats1V essel in excess of 35 feet in length retrieved from the water by means of
various equipmeut, including barges, cnmes" boats} etc.
S81vageable: $ 250.00
Non Salvageable: $ 2.25.00
per linear foot of vessel
per linear foot of vessel
Houseboats and larger vessels that may create smne difficulty in. removal because of
location (edge of islands or in the mangroves, hard aground etc. retrl.eved from the water
by means of various equipment, including barges. cranes, boa~ etc.
Salvageable: $ 40.0.00
Non Salvageable: $ 225.00
vessel
per linear foot of vessel
per linear foot of
Per day fees for storage/dockage for salvaged boatslvessels.
$ 35.00
per unit/daily
Respondent responsible for providing storage I dockage site.
Water based marine debris fotmd outside of canals including offshore collection and.
transport to oft1oading site:
$
50.00
pet cubic yard coUected
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 tQ be vessels for the
Purpose$ of this fee schedule and will be billed by the linear foot.
Note, in all c.a..seS;. traps. vessels, and other marine debris:
$ Load and haul to TDSRS. any ~ separation and reduction cost" and haul:
out to :final. resting place of trap line, floats. and fw:me1s must be considered in my
price quote provided,
!ij Tipping fees from fmal disposal of all canaVwatenw.y debris brought to land. will
be a pass throug.'1 cost to be determined upon designation of final disposal
g.-~ll~
~.l..IJ.ues.
~.l;
ilJH/2006 3:41:00 PM
SE?-Ot-200S 09:09
30l)292315HI
33';:
r,rJ19
(;0/TG 39\1d
~:K'::lH\1;~nEr'-? T r"'lrjJjT;1~-',df~
2:0/38 38'\1d
3JN~dnSNI NOW~J~lg
1S:;5LEET.SZ;
59~9T 900Z/10/&0