HomeMy WebLinkAboutItem C05 COUNTY of MONROE BOARD OF COUNTY COMMISSIONERS
� Mayor Michelle Lincoln,District 2
The Florida Keys Mayor Pro Tem David Rice,District 4
y Craig Cates,District 1
James K. Scholl,District 3
� «
Holly Merrill Raschein,District 5
Regular Meeting
February 18, 2026
Agenda Item Number: C5
26-0370
BULK ITEM: Yes DEPARTMENT: Artificial Reefs
TIME APPROXIMATE: n/a STAFF CONTACT: Dr. Hanna Koch
AGENDA ITEM WORDING: Ratification of the contract with Walter Marine I LLC, as the sole
responsible and responsive proposer, in the amount of$999,996 for work described in the County's
Request for Proposals for Artificial Reef Materials Deployment to three sites including: Gulfside Five
Mile Reef, Gulfside Eight Mile Reef, and Gulfside Nine Mile Reef, Monroe County, Florida (RFP-
605), and the waiver of certain insurance provisions as previously granted by County Risk
Management. Funding is through FWC Grant#23132.
ITEM BACKGROUND: The substance of this item was approved in bulk as Item No. C22 on the
agenda for the January 28, 2026 BOCC Meeting. However, due to an unknown issue arising in the
agenda processing software, the partially executed contract was not included as part of the back-up
documentation to Item No. C22. This item is intended to ratify the complete package and confirm the
understanding of the parties.
On August 20, 2025, the BOCC authorized the commencement of this procurement via agenda item
C24, approval to advertise the subject Request for Proposals ("RFP-605"). During the month of
October 2025, RFP-605 was advertised in various newspapers including Keys Citizen, Miami Herald,
Keys Weekly, and News Barometer. The timely submitted proposals were publicly opened on
November 18, 2025. On December 5, 2025, the Selection Committee, comprised of the following
individuals: Dr. Hanna Koch (Director, Office of Artificial Reefs Program, Monroe County), Kevin
Wilson (Assistant County Administrator, Monroe County), Keith Mille (Artificial Reef Program,
FWC), and Rhonda Haag (Chief Resilience Officer, Monroe County), met and discussed the proposals
at a duly-noticed public meeting.
A total of three proposals were received. Two of the three proposals were deemed legally not
responsible as to the contractors, and/or non-responsive or non-conforming to the solicitation. The
proposal submitted by Walter Marine I LLC ("Walter Marine") was deemed both responsible (as to
the contractor) and responsive, as well as received high scores pursuant to the solicitation criteria by
each of the Selection Committee members.
The Selection Committee determined that negotiating with Walter Marine is in the best interest of the
County in lieu of resoliciting consistent with Section 287.057(6), Fla. Stat., because of the quality of
the proposal, reasonable pricing (well under the County's requested budget), Walter Marine's long
history of successful completion of artificial reef projects, and glowing professional references. The
Selection Committee also recommended that the County exercise its option pursuant to RFP-605 to
contract for services to deploy all three artificial reef sites (i.e. 5-Mile, 8-Mile, and 9-Mile), as
opposed to only one artificial reef site, to ensure consistency across all sites and facilitate the County's
desired project completion timelines. Based on the foregoing, and pursuant to Section 2-349(d), the
County Administrator recommended, and BOCC granted, a waiver of local preference in the award of
this contract.
Pursuant to County Resolution No. 036-2021, the Board of County Commissioners of Monroe County
has granted authorization to Risk Management to waive and modify various insurance provisions as
further specified in the Monroe County Risk Management Policy and Procedures Contract
Administration Manual (2021 version). As part of the scope of work governed by the subject contract,
Walter Marine's deployment plan involves its departure from the coastline of Alabama, and travel
across international waters without touching land or using any automobiles. In this instance, Walter
Marine will not perform shoreline or inland marine work so as to require coverage under U.S.
Longshoreman& Harbor Worker's Act. Additionally, Walter Marine is furnishing all required
Worker's Compensation coverage through its Protection& Indemnity Jones Act Policy. As such, Risk
Management has granted associated insurance waivers, for which BOCC has ratified.
PREVIOUS RELEVANT BOCC ACTION: On January 28, 2026—BOCC approved Item No. C22
—Approved Award of Contract pursuant to RFP-605 to Walter Marine I LLC (albeit missing
contract). On August 20, 2025 - BOCC approved Item C24 to advertise the subject Request for
Proposals
INSURANCE REQUIRED: Yes
CONTRACT/AGREEMENT CHANGES: n/a
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Agreement between Monroe County, FL and Walter Marine I LLC_Partially Executed
Waiver of Certain Insurance Provisions Granted by County Risk Management
RFP-605 Bid Tabulation Sheet
RFP-605 Final Rank
FINANCIAL IMPACT:
Effective Date: Upon Execution
Expiration Date: 12/31/2026
Total Dollar Value of Contract: $999,996.00
Total Cost to County:
Current Year Portion: Depends on deployment schedule; subject to weather/atmospheric
considerations.
Budgeted: Yes
Source of Funds: FWC Grant#23132
CPI: N/A
Indirect Costs: N/A
Estimated Ongoing Costs Not Included in above dollar amounts: N/A
Revenue Producing: N/A If yes, amount: N/A
Grant: Yes
County Match: None
Insurance Required: Yes
Ratification Oft e contract with Walter Marine I LL , as the sole responsible an
responsive , in the amount of$999,996 for work described in the County's Request
for Proposals for Artificial Reef Materials Deploymentto three sites including: GUISide
Five Mile Reef, Gulfside Eight Mile Reef, and Gulfside Nine MileReef, Monroe County,
Florida (RFP-605), and the waiver of certain insurance provisions as previously granted by
Countyi et. Funding is through rat .
AGREEMENT
between
MONROE COUNTY,FL
and
WALTER MARINE I LLC
for
Artificial Reef Materials Deployment to Gulfside Five(5)Mile Reef, Gulfside Eight(8)Mile Reef,
and Gulfside Nine (9)Mile Reef
THIS AGREEMENT is made and entered into this day of , 202 , by and
between the Monroe County, Florida, a political subdivision of the State of Florida, with principal offices
located at 1100 Simonton Street, Key West, FL 33040 (the "County") and Walter Marine I LLC, an
Alabama limited liability company with principal offices located at 22605 Andrews Lane, Orange Beach,
AL 36561 (the "Contractor")to provide services associated with the deployment of concrete artificial reef
modules at the artificial reef sites generally referred to as the Gulfside Five (5) Mile, Eight (8) Mile, and
Nine(9)Mile artificial reef sites as more specifically described in the Monroe County Request for Proposals
Number 605 (RFP-605) and its addenda. This artificial reef deployment project is sponsored by "Monroe
County Board of County Commissioners and the State of Florida, Fish and Wildlife Conservation
Commission," and such sponsorship disclosure is consistent with Section 286.25, Fla. Stat.
Now therefore, in exchange for good and sufficient consideration, the parties hereby agree to the
following terms and conditions:
1) The Contract Documents
The contract documents consist of this Agreement, the Request for Proposals Number 605 for
Artificial Reef Materials Deployment to Gulfside Five(5)Mile Reef,Gulfside Eight(8)Mile Reef,
and Gulfside Nine(9)Mile Reef("RFP-605"),and any addenda thereto,the Contractor's Response
to said RFP-605, and FWC Agreement #23132 (State Grant Recipient Agreement between SOF
(Florida Fish and Wildlife Conservation Commission) and Monroe County Board of County
Commissioners for Florida Artificial Reef Program(CSFA No. 77-007)and Amendment#1 thereto
effective August 18, 2025, and the Monroe County, FL artificial reef state and federal permit
applications for Gulfside Five (5) Mile Reef (state #: 44-0453700-001-EG, state approved:
10/17/2024, federal #: SAJ-2024-04159, federal approved: 11/03/2025), Gulfside Eight (8) Mile
Reef (state #: 44-0461100-001-EG, state approved: 05/30/2025, federal #: SAJ-2025-00696,
federal approved:PENDING),and Gulfside Nine(9)Mile Reef(state#:44-0459830-001-EG,state
approved: 05/01/2025, federal#: SAJ-2024-04827, federal approved: PENDING). These contract
documents form the Agreement, and all are incorporated herein as if set forth in full. In the event
of a conflict between the aforementioned documents, any duly executed amendment or change
order authorized pursuant to this Agreement in reverse chronological order will control, followed
by the USAGE and FDEP permits, followed by the RFP-605 and its addenda, and then followed
by the Contractor's Response to the RFP-605, in that order.
2) The Work
The Contractor must perform all work for the County required by the contract documents and as
set forth below:
a) Contractor will furnish all labor, materials, and equipment necessary as indicated in the
RFP-605 and Contractor's Response thereto. Under this contract, the parties have
agreed to a scope of work(the "Work") that includes the completion of all three (3)
artificial reef sites to include the Gulfside Five (5) Mile Reef, the Gulfside Eight (8)
Mile Reef, and Gulfside Nine (9)Mile Reef.
Page 1 of 17
b), Contractor mustprOVide to the County,andrecord in the official records books of Monroe
County,Florida,, a perfon-nance and,payment'bond'benefiting the County as obligce, prior
to commencing the Work.
C) Contractor must supervise its,workforce to ensure that all worker's conduct themselves and
perform their, work in a safe and professional manner. Contractor must comply with all
OSHA safety ni,les and,regulations, in the operation of equipment and in the, performance
of the Work. Contractor must at all times have a competent field supervisor on thejob site
to enforce these policies and procedures at the!Contractor"s expense.,
d) After its: receipt of the "Notice to Proceed" from the County (and as approved by FWC),
the Contractor will commence work pursuaritto its deployment plan within thl*rty(30)days,
however, such commencement timeline is subject to weather and other atmospheric
conditions as the County"s Contract Manager deems relevant, and, she may prescribe
supplemental timellnes within which the Work must be commenced. This is a time-is-of-
the-essence project wherein all three(3�)artificial reef sites,may be deployed concurrently,
Subject to approval by the County's Contract Manager and consistent with all.other terms
and conditions related to proper deployment practices.
Contractor must, comply with any and all Federal, State, and local laws andregulations
now in effectl or hereinafter enacted during the term of this, Agreement, which are
applicable to the Contractor, its employees, agents or subcontractors,, if any, with respect"
to the Work described herein. Specifically, the Contractor expressly acknowledges and
agrees to be held to all laws and regulatory standards imposed upon County according to
the terms, and conditions, set forth in FW'C Agreement #23 132 - State Grant Recipient
Agreement between SOF (Florida Fish and Wildlife Conservation Commission) and
Monroe County Board of County Commissioners for Florida Artificial Reef Program
(CS,FA No. 77-007).This includes,but in no way is limited tol the requirements of Section
F.S.,and Sections 215.9�7 and 215.9�71,F.S,.,that set,forth"Florida's Single Audit
Act,"as well as, Chapter 10.550 (applicable to local governments) within the Rules,of the
Auditor General, and all the requirements for contracts and projects funded through state
assistance. In addition,Contractor expressly acknowledges and agrees to be held to all laws
and regulatory standards imposed upon the County by U.S. Army Corp of Engineers
(USACE) 'by Monroe County, FL, as well as by the State of Florida through the Florida
Department of Environmental Protection(FDEP).Contractor shall maintain throughout the
term of this Agreement,, appropriate licenses., Proof of such licenses shall be submitted to
the County upon execution of this Agreement,if not previously submitted to the County.
f) Contractor 'warrants, that all goods, rn,aterials, and work-innanshi p furrushed, whether
furnished by the Contractor or its, subcontractors and suppliers, will comply with the
specifications, drawings and other descriptions supplied or adopted.
9) Contractor, must prepare and provide 'to the County the "FWC Cargo Manifest" and
"Materials Placement,Report". Submittal of the initial Cargo Manifest to the County must
take place more than fourteen (1,4) days prior to the first planned deployment while the
finalized Cargo Manifest must be submitted within twenty-four(24)hours,before the first
planned deployrnent,and must include apbotograpb of the materials loaded onto thebarge
ready for deployment. Submittal of the Materials Placement Report, to the County must
occur within seven(7)days of the date of deployment per location.The County must verify
and return the Materials Placement Report to FWC within thirty (30) days. The Materials
Placement Report shall reflect an accurate material tonnage for the materials deployed as
well as a detailed description of the type, number, dimensions and individual weights of
the various s,izes of reef materials deployed. This information rnay be submitted on, the
Materials Placement Report 'in lieu of taking loaded and unloaded barge measurements.
Final GPS coordinates of the center of eacb patch reef must be included on the Materials,
Placement'Reports.
Page 2 of 17
h) No publicity, published articles,, or nledia, interviews will be conducted by Contractor in,
relation to the Work unless written approval is first obtained by the County.At a minimum,
U' I*cat'on of' forniat'on related to this art"ro
anyp b i i in I I niciai reef activity shall reflect sponsorship
as follows.- "'Sponsored by Monroe County, and the, State of Florida, Fish and Wildlife
Conservation Commissi'on." If the sponsorship reference is in written material, the words
"State of Florida,, Fish and Wildlife Conservation Commission" shall appear in the same
size letters or type as "'Monroe County". Such sponsorship disclosure is mandatory and
ith Section 286.25, Fla. Stat.,as niay be amended from time to time.
consistent wi
i) Contractor must complete such fornis and comply with audit requests as further stated in
the Contract Documents and is necessary in furtherance of the County's grant award from
the state.
3) Changes in the Work
a) Without invalidating the Agreement,the County may,at any,time or from time to time,order
minor additions, deletions or revi,s,lons in the Work; these must be authorized by Change
Orders, sub�ject to approval by the County., The Contractor understands and, agrees that any
cost resulting from a change or modification, change order, or constructive change of the
Agreement must be within the scope of RFP-605 and the County's grant agreement that ftinds
the Work and be reasonable for the completion of the Work. Any contract change or
modification, change order, or constructive change must be approved in writing by both the
County and Contractor. If the Contractor requests to make a minor substitution within the
Deployment Planjor example substitute vessels, barges, or deployment equipment listed in
the awarded proposal,such proposed change(minor substitution)must be de minimis(e.g.the
proposed substitution of a,barge with an equivalent industry standard barge that will result in
no pricechange)and be submittedin writing,and must be approvedby the County in writing
prior to implementation. 'Me County Administrator has the final approval and authority for
execution of a Change Order provided the value of the Chang!e Order does, not exceed
$100,,000.00, or five (5) percent of the original contract price, whichever is greater. Any
individual Change Order that exceeds t'he greater of S 100,000.00, or five (5) percent ofthe
or 4 * nee, must be formally approved by the Monroe County Board of County
iginal contract p '
Commissioners,. The parties expressly agree that, the Work, to be performed by Contractor
pursuant tothis Agreement is not considered construction services for purposes,of triggering
the requirements of Section 218.7',55, F.S�., asmay be amended from time to time.
b) No claim for,damages or any clann other,than for an extension of time will be inade or asserted
against the County by reason of any delays,. The Contractor wIll not be entitled to an,increase
in the contract sum or payment or compensation of any kind from the County for, direct,
indirect,consequential, impact or other costs, expenses or damages,including but not limited
to costs foracceleration or inefficiency arising because of delay, disruption, interference or
hindrance from any cause whatsoever, whether such delay, disruption, interference or
hindrance was avoidable or unavoidable. The Contractor's recovery of damages and sole
remedy for any delay caused by the County'is exclusively an extension of time on the Contract,
and only�for an amount of time authorized 'here in.
4) Contract Amount
Contractor will perfon-n all contract requirements for a total aggregate price of Nine Hundred
Ninety-Nine Thousand, Nine Hundred and Ninety-Six Dollars and Zero Cents($999,996-00),
in United States doflars,, pursuant tol "Exhibit l" �- Contractor's Completed Price Proposal Forrn.
Payment of an undisputed invoice submitted,by the Contractor will be Processed within 25 business
days after being stamped as received, or otherwise as provided, in accordance with the Florida
Prompt Payment Act,as arnended. County is exempt,from payment of Florida State Sales and Use
taxes. Contractor shall notbe exempted by�virtue of the County's,exemption fro�m paying sales,tax
to its suppliers for materials, used to fulfill its obligations under this contract, nor is Contractor
Page 3 of 17
authorized to use the County's Tax,Exemption Number in securing such rnatlenials.Contractor shall
be respons,iblefor any and all taxes,or payments of withholding,related to services rendered under
this Agreement.
a) Additionally, 'the Contractor is to s,ubmit to the, County 'Invoices with supporting
documentation that are acceptable to the Monroe County Office of Clerk and,Comptroller
(County Clerk). Acceptability to the County Clerk is based upon generally accepted
accounting principles and,such laws,rules and regulations,as may govem the disbursal of
funds by the County Clerk.
b) Contractor agrees that if a contract is awarded in,violation,of Section 2-347 of the Monroe
County Code, as determined by a court of competent Jurisdiction, t I ne Contractor is not
entitled to,and may not receive,any payment whether based on the contract,price or based
on quantum merit for work performed as set forth in Section 2-347(c), Monroe County
Code of Ordinances.
c) Mandatoty disclosul,epursuant to Section 2-347(h),,Monroe County Code qf Ordinances*
If any information furnishedby a bid,der/piroposer is false, misleading or ornits relevant
-ded the 'Board of County
facts, and same i's discovered afte�r the contract is awat I I
Commissioners may,in its discretion,terminate the contractwith no liability to the County
other thail 'to paythe contract price or unit price for work that 'is satistactorily completed
and useful to the County up to the date of the meeting of the Board of County
Commissioners terminating the contract.
5) Liquidated Damages for Misplaced,Dison"ented,Cracked or BrokenArtificial Reef Modules
The Contractor agrees to reduction of contract price based on the liquidated damages schedule for
damage causedby m,isplaced, disoriented, cracked or broken artificial reef modules documented
during the po,st-deployment surveys as found in Table 7 of'tbe RFP-605. The parties expressly
agree that said amount is reasonable in the light of the anticipated or actual han-n caused by the
damage resulting from misplaced, disoriented, cracked or broken artificial reef modules as
described in the RFP, the difficulties of'proof of loss, and the inconvenience or nonfeasibility of
otherwise obtaining an adequate remedy.
6) Agreement Subject to Funding
The County",s performance and obligation to pay tinder this contract is contingent upon an annual
appropriation by the Board of County Comm i ssioners. In the event that the County funds or state
grant funds on which this Agreement is, dependent are withdrawn, this Agreement is terminated.,
and the County has no further obligation under the terms of this, Agreement 'to the Contractor
beyond,that already incurred by the termination date.
7') Contract Term
The contract',period commences as of the date written on the first page of this Agreement and will
expire upon completion and final written acceptance by County of the Work described herein, but
not later than December 3 11 2026�. This is a Tim e-is-of-th e-Essence agreement regarding
perforniance obligations set forth herein., That condition applies to al,l of the Contractor's
obiligations to perform, including but not limited to,timely submittal of reports. The Work must be
completed pnor to December 31,,,2026 at I I-.59:59 EST.
8) Independent Contractor
This Agreement does not create an,emp,loyee/emp�loyer relationship between the parti,es. It 'is,the
intent of the Parties that the Contractor is an independent contractor under this Agreement and not
the County's employce for any purposes, including but not limited to, the application of the Fair
Labor Standards Act minimum wage and overtime payments, Federal Insurance Contribution Act,
the Social SecurityAct,theFederal Unemployment Tax Act,t1he provisions of the Internal Revenue
Code, the State Worker's Compensation Act, and the State Unemployment Insurance law, The
Page 4 of 17
Contractor will retain so�le and absolute discretion in the judgment of the, manner and means of
carrying out Contractor's activities and respon§ibu i ities hereunder provided, further that
administrative procedures applicaDle to services rendered under this, Agreement will be those of
Contractor, which policies of Contractor wi,11 not conflict with, County, State, or United States
policies, ailes or regulations relating to the use of Contractor's funds pr�ovided for herein. The
Contractor agrees that it is a separate and independent enterprise from the County,that 'it, had fufl
opportunity to find other business, that it has made its own investment in its business, and that it
w*II utilize a high level of skill necessary to perform the Work. This Agreement must not be
I I
construed as creating any Joint employment relationship between the Contractor and the County
and the County will not be liable for any obligation incurred by Contractor, including but not
limited to unpaid rninimum wages and/or overtime premiums.
9) Assignment and Subcontracting
Contractor must not transfer or assign the performance required by this, Agreement without the
prior written consent of the Board of County Commissioners,. This Agreement, or any portion
thereof, must not be subcontracted without the prior written, consent of the County, nor may the
Contractor assign any monies due or to become due to him or 'her, without the previous written
consent of the County.,
10) Labor Harmony,
Contractor agrees that all labor employed by Contractor, its agents or subcontractors,for the Work
must be in harmony with,all other labor or services being used by or benefiting the County or FWC.
Contractor agrees to give County immediate notice of any threatened or actual ctispute and will
p *de assistance as determined necessary by County to resolve any such dispute, Contractor, it's
rovi I
agents or subcontractors, will remove from the Work any person or agent in, its control that is
objected to by County or FWC in association with,the Work.
11) Termination
a) Termination for Cause and Remedies,: In, the event of breach of'any contract terms, the
County retains,the right to terminate this Agreement.Inthe event of such termination,prior
to termination,,,the County shall provide Contractor with seven(7) calendar days' written
notice and provide the Contractor with an opportunity to cure the breach that has occurred.
If the breach is,not cured,,the Agreement,will be terminated for cause.Notwitb stand 1 n,g the
above, in the event, that the Contractor 'is foundby the County to be grossly negligent in
any aspect or performing the Work, the County has the right to terminate this, Agreement
after three(3) days' written notification to the Contractor without any opportunity to cure.
If the County terminates this,Agreement with the Contractor,,County shall pay Contractor
the stim,due the Contractor under this Agreement prior to termination(except no payment
will be due for work performed/delivered while Contractor was found to be grossly
negligent),unless the cost of completion to the County exceeds the funds remaining in the
contract. The County reserves all rights and remedies, available to it under any legal or
equitable theory, without firnitation, and express,ly reserves the right to assert and seek an
offset for damages caused by the breach. The maximum amount due to Contractor shall
not in any event exceed the total aggregate price set forth in taie contract., In addition, the
County reserves, all rights available to recuperate monies paid Linder this Agreement,
including the right to sue for breach of contract and including the right to pursue a claim
for violation of the County's False Claims Ordinance,located at Section 2-721 et al.of the
Monroe County Code, as may be amended frorn,time to time.
b) Termination for Convenience-. The County may terminate this Agreementfor convenience,
at any time, ty('90) days written notice to Contractor. If the County terminates
,, upon nine I
this Agreement with the Contractor, County shall pay, Contractor the sum due as of the
i
appointed termination date,unless the cost of completion of the remaining Work under the
Page�5 o f'l 7
Agreement exceeds the 'funds remaining in the contract. The maximum amount due to
Contractor shall,not exceed the total,aggregate price set forth,in the contract.
12) Remedies
a) Damages-An addition to the Liquidated Damages provided herein,the County reserves the
right to recover any ascertainable actual damages incurred as a result of true fiailure of the
Contractor to perforun in accordance with the requirements of this Agreement,or for losses
sins tainedby the County resultant from the Contractor's failure to perform in accordance
with the requirem ents of this, Agreement.
b) Coirrecti on of Work:If,in the judgment of the County,the Work provided by the Contractor
does not coin form to the requirements of this Agreement, or if the Work exhibits poor
workmanship, the County reserves the right to require that the Contractor correct all
deficiencies in,the Work to bring the Work into conformance without additional cost to the
County, and / or replace any personnel who fail to perform in accordance with the
requirements of this,Agreement. The County is the sole judge of non-conformance and,the
quality of workmanship.
13) Warranties
a) Warranty of Title-. Contractor warrants to the County that all goods and materials,furnished
under the contract will be new unless otherwise specified and that Contractor possesses
good, clear, and, marketable title to said goods and per are no pending liens, claims., or
encumbrances whatsoever against said goods,. All work not conforming, to these
requirements,, including substitutions not properly approved and authorized may be
considered defective.
b) Warranty of Specifications,-.Contractor,warrants that all goods,materials and workmanship
furnished, whether furnished by the Contractor or its subcontractors and suppliers, will
comply with the specifications,draw',ings and other descriptions supplied or adopted.
c) Warranty of Merchantability: Contractor warrants all material and workiiianship for a
minimum of one (1) year Tom date of project completion and acceptance by the County.
If within one(1)year after acceptance by the County, or within such larger period of time
as maybe prescribed by law any of the Work is found to be defective or not in accordance
with the contract documents,the Contractor inust,after receipt of a written notice frorn the
County to do so, promptly correct ,the or unless, the County has previously given the
Contractor,a written acceptance of our ht,inique condition.
14) Insura,nce Requirements
es wit this
Contractor shall obtain and maintain at its own expense t he insurance coverag listed hin
paragraph prior to commencing the Work tinder this Agreement. All insurance requirements
provided for in this Agreement shall 'be subject to annual review. Insurances can be altered via
written waiver by County's Risk Manager, if required. The Contractor must keep in full force and
effect the insurance described he during the to of this Agreement. If the insurance policies
orIgInallyPurcl-eased that meet the requirements are canceled, tenninarted, or reduced 'in coverage,
then the Contractor must immediately substitute complying policies so that no gap in coverage
occurs,.Copies of current policy certificates,shall be filed with the Monroe County Risk Department
whenever acquired, arnended, and annually during the term of this Agreement. Prior to execution
of this Agreement, Contractor shall fumish the County Certificates of Insurance, indicating the
minimum coverage, limitations in the following amounts*.
a) WORKERS COMPENSATION AND EM PLOYERS LIB IY INSURANCE.
Where ap P p tnum statutory limit s,as
, plicable, coverage to apply for all em, loyees at the minir
required by Florida Law,and Employee's'Liability coverage in,the amount of$,500,000.00
bodily i *ury by accident, $500 000.00 bodily injury by disease, policy limits, and
$500,000.00 bodily injury bY disease,each employee.
Page 6 of 17
b) US LONGSHOREMAN AND HARBOR WORKERS ACT. Recognizing that work
governed by this Agreement may expose Contractor's employees to work subject to the
'U.S.Longshoremen and Harbor Worker's(USL&H)Act(33 USC §901-950),Contractor's
Worker's k-,ompensatlon insurance policy must be endorsed to include USL&H coverage of
not less than $1,000,000.00.
c) JONES ACT COVERAGE (46 U.S.�C. § 3�0104). Recognizing that the work gov�erned by
this Agreement involves maritime operatio'ns,1 Contractors Worker's Compensation
insurance policy must be endorsed to include coverage for claims subject to the Jones Act,
(46 USC § 688)with limits of no less, than$1,000,000.00. Contractor will be permitted to
pro�vide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far
as 'the coverage provided is no less restrictive than, that provided by a Wor�ker's
Compensation policy.
d) COMPREHENSIVE AUTOMOBILE VEHICLE LIABILITY INSURANCE. Motor
vehicle liability insurance, including applicable no-fault coverage, with limits of liability
of not less than S11,00 000.,00 per occurrence, combined single limit 'for Bodily Injury
Liability and Property Damage Liability. If single limits are provided, the minimum
acceptable limits are $5010,000.00 per person, $1,000,000.00 per occurrence, and
$100,,00,0.00 property damage,. Coverage shall, include all owned vehicles, all nori-owned
vehicles, and all hired' vehicles.
e) COMMER,CIA,L GENERAL LIABILITY. Commercial general liability coverage with
limits of liability of not less than �SLI,Ooo,,000,010 per occurrence combined single Ili-nit for
Bodily Injuly, Liability and Property Damage Liability. Such coverage mustinclude, as, a
minimum: Premises Operations, Products and Completed Operations,Blanket Contractual
Liability, and Personal Injury Liability. An, Occurrence Form policy is preferred. If
covera I A,s"ons should 'nclude coverage for
,ge is prov'ded on a Claims Made p�olicy, "its provi i I
claims filed on or after,the effective date of this contract, 'In addition,the period f"or which
claims,may be reported should extend for a,minimum of twelve(12)months-following the
acceptance of work by the County.
f) WATERCRAFT LIABILITY. Commercial general liability coverage with limits of
liability of not tess than S1,000,000.00 combined.single lim,itoNrith terms no less restrictive
'than, those found in the standard "American Institute Hull Clauses" (September 29�, 2009
edition). Coverage must include, as, a minimum,: Injury (including death) to any Person,
Damage to Fixed or Movable Objects, Costs Associated with the Removal, of Wrecked
Vessels, Contractual Liability with Respeetto this Contract. If the, policy obtained states
that coverage applies for the"Acts or Omissions of a Vessel",it will be endorsed to provide
coverage for the legal liability of the ship-owner.
g) COMMERCIAL DIVING INSURANCE, (only, applicable if using divers in, deployment
p�lan). Contractor must use an OSHA Compliant, dive team and must carry cominercial
diving insurance, with proof of sufficient coverage for such operations,,, as determined by
the County's Risk Manager.
h) CERTIFICATES, OF INSURANCE. Original Certificates of Insurance shall be provided
to the County at the time of execution of this Agreement and certified copies provided if
requested. Each policy certificate shall be endorsed with a,prov,ision'that not less than thirty
(30�) calendar days' written notice shall be provided to the County before any policy or
coverage is canceiec I i or restricted. The underwriter of such insurance shall be qualified to
do business in the State of Florida. The insurance coverage shall be primary insurance
with respect to the County,, its officials, employees, agents, and volunteers. Failure of
Contractor to comply with the insurance requirements of this section shal.1 be cause for
immediate termination of'this Agreement.
MONROE COUNTY,BOARD OF COUNTY COAIMISSIONERS, 11010 SIMONTON STREET,
KEY WEST, FLORIDA 3'3040, MUST BE4 NAMED AS ADDITIONAL INSURED AND
Page 7 of 17
CER TIFICA TEHOLDER ONA LL POL ICIES EXCEP T THOSE PR,0 VIDING WORKER'S
COMPENSATION COVERAGE. In the event that the Contractor subcontracts any or all, of the
Work, in -this project to any third party, the Contractor s ecifically agrees to ensure that all
p
agreements or contracts of any nature withits subcontractors expressly provide that the obligations
of the Contractor are passed down to the subcontractors to ensure greatest protection to the County,
and all subcontractors must identify the County as an Additional Insured on, all insurance policies,
as required by the County hereunder.
0
15) Indemniffication &Hold Harmless
a) The parties agree that, one percent (1%) of the total compensation pai,d to Contractor for
the Work under this Agreement constitutes specific consideration to: Contractor for the
indemnification to be provided under the Agreement. Notwithstanding, any minimum
insurance requirements prescribed elsewhere in this Agreement, the Contractor shall
defend, Indernnify, and hold harmless,the County, and the County's,elected and appointed
officers and employees and those of the FWC (State of Florida), as indemnified parties,
from and, against arty claims,,, actions or causes of action, any litigation,, administrative
proceedings, appellate proceedings, or other proceedings relating to any type of in' 'ry
(including death), loss, damage, fine, penalty or bus,iness interruption, and any costs or
expense.s that may be asserted against, initiated with respect to,, or sustained by, any
indemnified party by reason of, or in connection with-. (A) any activity of the Contractor
or any of its employees, agents, contractors or other invitees, during the term of this
Agreement,; (13)the negligence or recklessness intentional wrongftil misconduct,errors or
other wrongful act or omission of the Contractor or any of its employees, agents, s,ub-
contractors or other invitees; or (C) the Contractor's defaul,t in, respect of any of the
obligations that,it undertakes under the terms of this Agreernent. The monetary limitation
of liability under this Agreement shall notless than, $1 million per occurrence pursuant to
Section 7,25.06,Flon*da Statutes.
b) By entering into thi's Agreement.) Contractor acknowledges that it has been
0 IM I A #
given a full and fair opportunity to inspect the site(s)where the Work shall be
performed and agrees, that said sifte(s) are reasonably safe and suitable for
pertormance of theWork.Contractor therefore expressly,assumes the duty,to
# 41,
Indemnify and hold the COUNTY and FWC harmless from and against any
#A
and a,ll claims, suits and causes of action, whl*ch arise from, or are m any way
0
attrifttable to, the alleged negligent acts, or omissions of the indemnified
0 10 F of
parties, including but not limited to identiflIcation, selecti,on, and surveying
s ites for performance of the Work,,
,I
c) -in the event,that the completion of the 'Work(to include the work of others) is delayed or
suspended as a result of the Contractor's failure to purchase or maintain the required
I n ffy,the County from any and all in r
insurance,the Co tractor shall indenmi i, c,eased expenses
resulting from, such delay., Should any claimsbe asserted against the County by virtue of
any deficiency or ambiguity in the Deployment Plan and other specifications provided by,
the Contractor,the Contractor agrees and warrants that the Contractor shall bold the County
barniless,and shall indemnify it from all losses occurring thereby and shall further,defend
any claim or action on the County's behalf.
d) Nothing contained herein is intended, nor may it, be construed, to waive County"s, n*ghts
and 'immunities under the coiTunon law' or Section 769.28. Florida Statutes, as amended
irom Timeto time-,nor'Wil I anything included herein be,construed as consent to be sued by
any third parties in any matter arising out of this Agreement. To the extent considered
necessary by the County, any sums due Contractor'wider this Agreement maybe retained
by the County' 'until all ofthe County's claims subject to this indemnification obligation
'have been settled or otberwise resolved,and any arnount withheld is not subjeetto payment
Page 8 of 17
of interest by the County. Insofar as the claims, actions, causes of action,1 litigation".
I �
proceedings,costs,or expenses re I late to:events or circumstances that occur during the term
of this Agreement,this section will survive the expiration of the to ofthis Agreement or
any earlier ten-ni'nation of this, Agreement.
16) No Personal Liability
No covenant or agreement contained herein shall be deemed,to be a covenant or iagTeement of any
member, officer, agent or employee of County in his or her individual capacity, and no member,
officer, agent or employee of 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.
1 T) Discriminatory Vendor List
Contractor hereby acknowledges its continuous duty to disclose to the County if the Contractor,or
f I iates, as defined by Section 287.134(l)(a), Florida Statutes, are placed on the any o, its affil' I
Discriminatory Vendor List. Pursuant to Section 287.134(2)(a),,Florida, Statutes: "An entity or
affiliate who hay been placed on the discri minatory vendor list may not submit a bid, proposal, or
reply on a contract to provide any goods or services, to a public entity; may not submit a bid,,
proposal,or reply on a,contract with a public entity for the construction or repair of a public building
or public work; may, not submit bids, proposals, or replies on leases of real property to a, public
entity- not, be awarded or perform,work as a contractor,, suppl ier,subcontractor,or consultant
may
under a contract with any public entity; and may not transact business with any.public entity."
18) County Suspended Vendor List
The eligibility of persons to bid for an award of County contract(s), or enter into a, contract,may
be suspended pursuant to sec. 2-347(1)of the Monroe County Code of Ordinances. In the event an
eligible person is suspended by the County after the contract is awarded, or a suspended person is
employed,to perform work(e.g. subcontractor in abi'd or contract)pursuaritto,a,County contract,
same shall constitute a material breach of the contract. The County, in,. its sole discretion, may
terminate the, contract, with no further 'liability to the contractor beyond payment of the portion of'
the contract price that maybe due for work satisfactonlycompleted up to the date of`ter mination,
and hereby reserves all other rights and remedies available at law or in equity.
19) Prohibition on Conflict of Interest, Gratuities,Kickbacks, and Collusi"on
The statements contai-ned in,this paragraph are true and correct,and made with the full knowledge
that Monroe County relies upon the truth of the sta toy ients contained herein in awarding the
contract for the Work.
a) Conflict of Interest. Contractor covenants that it presently has no interest and will not acquire
any interest that would coriffict in, any manner or degree with the performance of the Work
required.Each party hereto covenants that there is no conflict of interest or any other prohibited
relationship between the County and itself
b) Gratuities. Contractor hereby certifies that it has not offered, given, or agreed to give any
Monroe County employee a gratuity, favor, or anything of monetary value in connection with
any decision, approval, disapproval, recommendation, preparation of any part of the project,,
Work,, or award of this contract.
c Kickbacks.Contractor certifies that it has not given payment,gratuity',or offer of employment
to be made 'by, or on behalf of a, Sub-contractor under a contract to Contractor or higher tier
sub-contractor or any person associated therewith, as an inducement of the award of a
Subcontract or order.
d) Non-Collusion Statement. By signing this Agreement, Contractor certiffies under penalty of
perjury that the price proposed ley Contractor was arrived at independently without collusion,
c
'
onsultation, r cornmunicatio or the purpose of restricting competition- and no attempt has on f
Page 9 of I/
been made to induce another person, or entity to submit a proposal, or not submit, for the
put-pose of restricting competition in the award,of this project or contract.
e) Contract Clause. The prohibitions on conflict of interest,,, gratuities,, Uckbacks, and collusion
precrbed this paragraph must ospicuous set forh in eve ycontrac and ucontra ct
and solicitation initiated by Contractor in its Performance of this Agreement.
20) Ethlics Clause pursuant to Monroe County Ordinance No.010-1990
By signing this Agreement, the Contractor warrants that he/she/it has not employed, retained or
otherwise had act on his behalf any former County officer or employee in violation of
Section 2-149,Monroe County Code of Ordinances,or any County officer or employee in violation
of Section 2,-150, Mortroe County Code of Ordinances. For breach or violation of this provision
the County may, iii Its discretion, terrninatle 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 fomler County officer or
employeepUTSuant to Subsection 2-152(b),Monroe County Code of Ordinances.
21) Prompt Disclosure of Litigation,Investigations,Arbitration,or Administrative Proceedings
'Throughout the to of this Agreement,, the Contractor has a continuing duty to promptly disclose
to the County, 'in writing,upon occurrence,all,civil or criminal litigation,,investigations,arbitration,
or administrative proceedings relating to or affecting Contractor's ability to perform under this,
Agreement. If the existence of such causes the County concern, that the Contractor's ability or
w ,n 1*11* h m I 1 gness to perform t e Agreement is Jeopardized, the Contractor may be required to provide
III
the County with reasonable assurances to demonstrate its ability to perforin as required hereunder,
and that its employees/agents have not or will not engage in.conduct similar'm nature to the conduct
alleged in sucb proceeding.
22) Notice
All written correspondence to the County shall be dated and signed by an authorized representative
of the Contractor. Any written notices or c�orrespondence required or per mi,tted under this
Agreement shall be sent by United States Mail,,certified,return receipt requested,postage pre-paid,
or,by courier with proof of'deliviery., The place of giving Notice shall remain the same as set forth
herein until changed in writing in the manner provided in,this paragraph. Notice i,s deemed received
by Contractor when Band delivered by national courier williproof o "do livery or by U.S.Mail upon
verified receipt or upon, the date of refusal or non-acccptanceof delivery. Notice shall be sent to
the following persons:
FOR COUNTY.- FOR CONTRACT,OR;.,
Dr. Hanna Koch,,,Monrole County We%l
Office of Artificial Reefs
2798 Overseas Hwy,2nd Floor,
op f'oo. "14; 'NIIk
Marathon,F'L 33050 Email:
And(with copy to
County Attorney
I I I I 12th Street, Suite 408
Key West, FL 33040
23) police of Law and Venue
The,
art
p les expressly agree that the only laws that apply to this Agreement are those of the State of
Florida,and United States of America,without regard to choice of law principals.The parties wive
the privilege of venue and agree that all litigation e; eon t Corr in tie state courts will take place
exclusively in the Sixteenth Judicial Circuit in and for Monroe County, 'Florida, and that all
litigation'between them in the federal courts will take place exclusively in the United States,District
Page 1 f 17
Court in and for the Southern District of Florida,, or United States Bankruptcy Court for the
Southern, District of Florida, whenever applicable. Thi's Agreement shall not be subject to
arbitration. 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,Florida.
24) Attorney's Fees and Costs
County and Contractor agree that in the event any cause of action or administrative proceeding is
* *tiated or defended b any party relative to the enforcement or interpretation of this Agreement,
Ini, y
the prevailing party shall be entitled to: reasonable attorney's fees, court costs, investigative,, and
out-of-pocket expenses, as an award against the non-prevailing party, at all levels of the court
systern,including in appellate proceedings.
25) Trade'secrets
Documents submitted by Contractor which constitute trade secrets as defined in Sections 812.081
and 688.002, Florida Statutes, as arnended fi-oin time to, time, and which are clearly marked or
stamped as confidential by the Contractor at the time of subnussion to the County, will not be
subject to public access,. However, should, a requestor of public records challenge Contractor's
interpretation of the term"trade seerets"within,five(5)calendar,days of'such challenge,Contractor
ide a separate written affidavit that includes an inde tiffication,and release guarantee,as
must provi I m I I
approved by the County Attomey or designee,, to the Cotinty to support its claim that the alleged
trade secrets actually constitutes,same as defined by law.Contractormust demonstrate the need for
confidentiality of the documentation by showing a business advantage or an opportunity 'to obtain
an advantage if the documentation,was released. Otherwise, Contractor 'is required to timely seek
a,protective order in the Circuit Court of the Sixteenth Judicial Circuit in ana for Monroe County
to prevent the County's release of'the requested,records.
26) Pubfic Records
County, is a public agency subject to Chapter 119, Florida,Statutes, as arnended from timeto time.
To the extent Contractor 'is a, Contractor acting on behalf of the County, pursuant to Section
1,19.0701,Florida Statutes, as amended from time to time', Contractor must comply with all public
records laws in accordance with Chapter H 9, Florida, Statutes. In accordance with, state law,
Contractor agrees,to:
,a) Keep and maintain all, records, that,, ordinarily and necessarily would be required by the
County in order to perform the services.
b) Upon request from the County's custodian of public records, provide the County with a
copy of the reqUested records or allow the records to 'be inspected or copies within a,
reasonable tirne at, a cost that does not exceed,the costs provided in Chapter 1,19,Florida
Statutes, or as otherwise provided by law.
C) Ensure that publ,ic records that are exempt,or confidential and exempt,from public records
disclosure are not disclosed except as authorized by law for the duration of the Agreement,
term and following completion of the Agreement if the Contractor does not transfer the
records to the County.
d) Upon completion of the services within this Agreement, at no cost, either'transfer to the
County al,l public records in possession of the Contractor, or keep and mainta,in public
records required 'by the County to perfonm the services. If the Contractor transfers all
public records,to the County upon comp:letion of the services,the Contractor must destroy
any duplicate public records that are exempt, or conflidential and exempt, ftom public
I n
records disclosure requirements. If the C'o� tractor keeps and maintainspublic records upon
completion of 'the services, the Contractor must meet all applicable requirements for
retaini,ng public records. A11 records stored electronicalty must be provided to the County,
Page I I of 17
upon request from the County's custodian of public records, in aformat that is compatible
with the information technology systems of the County.
IF THE CONTRACTOR HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER, 119, FLORIDA STATUTES, TO THE
CONTRACTOR'S DUTY TO PROVIDE PUB. I, CORDS RELATING
TO THIS AGREEMENT, CONTACT THE COUNTY'S CUSTODIAN OF
PUBLIC RECORDS AT PHONE NO* 305 2'92- 14 P IC
RECORDSgMONROECOUNTY-FL,,GOV, MONROE COUNTY
TT Y' OFFICE, 1111 12 TR. T, SUITE 408, KEY WEST, FL
300*
If Contractor does not,comply with this section,,the County will enforce the Agreement provisions
ire accordance herewith and may,unilaterally cancel this Agreement in accordance with state law.
27) Audit Rights
The Contractor must maintain accurate books, records, documents and other evidence that
sufficiently and, properly reflect all direct and indirect costs of any nature expended in the
performance of this Agreement,, in accordance with generally accepted accounting principles,.
County reserves the right to audit the records oft . Contractor for the commodities and/or services
provided, under the contract at,any time during the performance and to of the contract and for a
period of five(5) State of Florida fiscal years after completion and acceptance of the Work by tie
County. Such records must be retained Contractor for a minimum of five (5) State of Fl Ord a
fiscal years following the close of the Agreement, or the period,required for this particular type of
project by the General Records Schedules maintained by the Department of State, whichever is
longer., The Contractor agrees to cooperate with the County, a,nd if relevant, the State Inspector,
General pursuant to Section 20.055(5), F.S., as amended, in any investigation and facilitate the
duplication and transfer of such records upon the County request. Contractor agrees to submit to
an audit as,required by the County,Florida Fish and Wildlife Conversation Commission,the Chief
Financial Officer of the State of Florida,, the Auditor General of the State of'Florida, the Florida
Office of Program, Policy Analysis, and Government Accountability, 010 other authorized
repres,entative(s) of the State of Florida,. If an audit report i,s issued, retention of records, created
pursuant to this,Agreement must be for a period of at least five(5)years from the date of the audit
report. The Contractor must allow the County,or such other auditing agency to have access to and,
'inspect the complete records of the Contractor in re I lation to this Agreement at any and all times
during normal. ,business hours for the purposes of conducting audits or examinations or making
excerpts or transcnptions. Such requirements will survive the termination of this Agreement.
28) Uncontrollable Cl*rcums,tantes('*'Force Maieur,e")& Extension of Time
As used herein, "Force Ma eure" means the occurrence of any event that prevents or delays the
performance by either party of its obligations, hereunder which are beyond the reasonable control
of the non-performing party. Examples of"Force Majeure" include,but are not limited to,acts of
Godl natural disasters, or emergency governmenta,l action. To invoke, this paragraph, "Immediate
written notice,consistent with the"Notice"provisions of this Agreement,must be sent by the non-
performing party describing the circumstances constituting force majeu,re and proof that the non-
performance or delay of performance is a direct and reasonable result of such event(s). Any claim
for extellston of tinle by Contractor Pursuant to this paragraph will,be made not more than Seventy,-
two(72)hours after the comiiiencement of the delay. Otherwise,it shal,I be waived. The Contractor
shall immediately report the termination of the cause for the delay within seventy-two (72 hours
after,such termination. The County reserves its right, to challenge the invocation by the Contractor
within five (5) calendar days of receipt of said notice, 'in, such case uninterrupted performance in
required. However,in the event the invocation is accepted by the County,the Contractor must take
Page 1.2 of 17
'It r�easonable measures to mitigate any and all resulting damages, costs, delays, or dis pt*
a ru. �tons to
the Contractor s performance requirements under this Agreement. All obligations must resume
When.the circumstances of such event(s) have subsided,, or other arrangements are made pursuant
to a written amendnient to this Agreement. If the Contractor is delayed in'the progress of,�t,he Work
by any act or neglect of the County, or condition precedent to commencement of work (e.g.
Issuance of the U.S. Army Corp of Engineers Permits), thenthe contract completion time may be
extended by the issuance of a, No Cost Change Order for such reasonable time as the Office of
Artificial Reefs Director may determine.
29), Publl*c Entity Crimes Statement
Pursuant to Section 287.133(2)(',a), Florida Statutes,, as amended from time to time,, Contractor
hereby cert Ifi,es that, neither it nor its affiliate(s) have been, placed on the convicted vendor list
following a convictton for a public entity crime., If placed on that list, Contractor must notify the
County immediately and is prohibited fromproviding 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, ofreal property to a, public entity, may not be
awarded or perform work as a, contractor, supplien, subcontractor, or consultant'under a contract
1 ith any public entity; and, rnay not transact business with any pu,b�lic entity in excess of the
A71
threshold amount provided,in Section 287.017,Florida Statutes,,as amended from tim,e to time,, for
Category TWO($35,000)as may be amended, for a,period of thirty-six(36) months from the date
of being placed on the convicted vendor list.,
30:) Foreign Gifts and Contracts
'The Contractor must comply with any applicable disclosure requirements in Section 286.101,
Florida Statutes. Pursuant to Section 286.101(7)(b),Florida Statutes.- "In addition to any fine
assessed�under [§ 286.10](7)(a), Florida Statutes], a final order determining a third or subsequent
violation by an, entity other than a state agency, or political subdivision must automatically
disqualify the entity from eligibility for any grant or contract funded by a state agency or any
political subdivision until such ineligibility i's lifted by the Administration t-lommission [Govemor
and Cabinet per§14.202, Florida Statutes] for good cause."
31) Scrutinized Companies and Countries of Concern �per Sections 287.135,& 215.47'3,F.S.
Contractor hereby certifies that it:a,)has not been placed,on the Scrutinized Companies that,Boycott
Israel List, nor is engaged in a boycott of Israel; b) has not 'been placed on the Scrutinized
Companies,with Activities in Sudan List nor the Scrutinized Compan,,ies with Activities in the Iran,
Terrorism Sectors List ('formerly the Iran Petroleum, Energy Sector List); and, c) has not been
engaged in business operations in Cuba or Syria. If County determines that Contractor has falsely
certified,facts under this paragraph, or if Contractor is found to have been placed on a, list created
pursuant to Section 2,15.473,Florida Statutes,as arnended,or is engaged in a,boycott of Israel after
the execution of this Agreement, County will have all rights and remedies to te'rinInate this
Agreement consistent with Section 2,8,7.135,Florida Statlutesl as amended. The County,reserves all
rights to waive certain requirements of this paragraph on a case-by-case exception"basis pursuant
to Section 287.135, Florida Statutes,as amended. Beginning January 1,2024,the County must not
enter into a contract t'liat grants access to an individual's personal identifying infort-nation to any
Foreign Country of Concern such as: People's Republic of China, the Russian Federation, the
Islamic Republic of Iran, the Democratic People's Republic of Korea, the Republicof Cuba, the
VeneZUelan regime of Nicold"s Maduro,or the Syrian Arab Republic,unless the Contractor provides
the County with an affidavit signed by an authorized representative of the Contractor,under penalty
of perjury, attesting"that the Contractor does not meet any of the criteria in subparagraphs (2)(a)-
(c) of Section 287.138�, Florida, Statutes, as niay be amended. Beginning J I anuary 1, 2025, the
County must not extend or renew any contTact that grants access, to an individual's personal
identifyIng information ttnless the Contractor provides the County with an affidavit signed by an
Page 13 of 17
authon*zed representative of the Contractor,, under penalty of perjury,attesting that the Contractor
does not meet any ofthe criteria in subparagraphs (2')(a')-('c) of Section 2,87.,138, ,Flon'da Statutes,
as may be amended.Violations of this Section will result,in termination of this Agreement and may
result in administrative sanctions and penalties by the Office of the Attorney General of the State
of Florida.
32) Noncoerclive Conduct for'Labor or Services
As a nongovemmental entity submitting a proposal,, executing, renewing, or extending a contract
with a government entity, Contractor isrequircd to provide an affidavit under penalty of periu'ry
attesting 'that Contractor does not use coercion for labor or services in accordance with Section
787.06,Flon*da Statutes.As an authorized representative of Contractor,, I certify under penalties of
perjury that Contractor does not use coercion for labor or services as prohibited by Section 787.06.
Additionally, Contractor has reviewed Section '787.,06, Florida Statutes, and agrees to abide by
same. Addition$, I
ally, any contract renewed,or entered into after July 1, 2024, may be terminated, at
the option of the County if the Contractor is placed on the forced,labor vendor list created pursuant
to 'Section 287,1346,Fla. S�tat., as may be arnended froin,time to time,
0
33) Nondiscrimination
The Contractor and County agree that therewill.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 with out any further action
on thepart ot any,party,effective the date of the court order., Contractor agrees,to comply with all
Federal and Florida statutes, and al,l locat ordinances, as applicable,relating to nondiscrimination.
These include but are not limited to.�- 1)Title VII of the Civil Rights Act of 1964(PL,88-352)which
prohibits,discrimination in employment on the basis of race, color, religion, sex or national origin-,,
2)Title IX of the Education Amendment of 1,972, as amended (20 USC ss. 1681-1683,, and 1685-
1686),which prohibits discrimination on the basis of sex,-, 3) Section 504 of the Rehabilitation Act
of 1973, as amended(20 U'SC s. 794),which prohibits disenimination on the basis,of disability;4)
The Age Discrimination Act of '1975, as amended (42 USC ss. 6101-6107) which prohibits
discrimination on the basis of age,- 5) The Drug Abuse Office and Treatment Act of 1972 (PL 92-
255),as amended,relating to nondiscrimination on the basis of drug abuse; 6)The Comprehensive
Alcohol Abuse and Alcoholism,PreventionI Treatment and Rehabilitation Act.of 1970(PL 91-616)11
as arnended, relating to nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The,
Public Health ServiceAct of 1912,ss. 523 and 527(42'USC ss.,690dd-3 and 290ee-3),as amended,
relating to confident I'ai Ity of alcohol and drug abuse patient records,-8)Tifle'V111of'the Civil Rights
Act of 1968 (42 USC s. 3601 et seq.), as amended,,,relating to nondiscrimination in the sale,rental
or financing of housing; 9),The Americans with Disabilities Act of 1990(42 USC s. 12101 Note),
as may be amended, from time to time,relating to nondiscrimination on the basis of disability,- 10)
Monroe County Code Chapter 14, Article 11, which prohibits discrimination on the basis of'race,
color, sex, t7eligion, national origin, ancestry., sexual, orientation, gender identity or expression
famillial status or age; 11) The Pregnant Workers Fairness, Act (PWFA) pursuant to 42 U.S.C.
20OOgg et seq.; and 12) Any other nondiscrimination provisilons i,n any Federal or state statutes
which may apply to the parties to,or the subject matter of, this Agreement.
34) E-Ver'ify Requirement's
Effective January 1, 2021, pub,lic and private employers, contractors and subcontractors must
require registration with, and use of the E-verify system in order to �rerlfythe \,vork authorization
status of all newly hired employees. Contractor acknowledges and, agrees to utilize the U.S.
Department of Hom,eland SecurIty's E-Verify System to verify the employment eligibility of:
,"A
a): All persons employedby Contractor to pert�orm employment duties within Ftorida during
the term,of the contract; and
Page 14 of 17
b) All per�sons, (Including subvendors,/sti,bconsult,ants/subcontrac,tors) assigned by Contractor
to perform work pursuant to the contract with the County. The Contractor acknowledges
,and agrees that,use of the U.S.Department of Homeland Security's E-Verify System during
the temi,of the contract 'is a condition of the contract with the County.
By entering into this Agreement,the Contractor becomes obligated to comply with the provisi,ons
of Section 448.095,Florida,Statutes, "Employment Eligibility,"as amended frorn timeto time.This
includes, butis not limited to, utilization of the E-Verify System to verify the work authorization
status of all newly hired employees, and requiring all subcontractors to provide an affidavit to
Contractor attesting that the subcontractor does not employ, contract,with, or subcontract with, an
unauthodzed alien. Contractor agrees to maintain a copy of such affidavit for the duration of this
Agreement. Failure to comply with this,paragraph will result in the termination of this Agreement
as provided in, Section 448.095, Florida Statutes,as amended, and Contractor may not be awarded
a public, contract for at least one (1) year after the date on which the Agreement was terminated.
Contractor will also be liable for any additional costs to County incurred as a, result of' the
termination of this Agreement in accordance wit,h this Section., Upon e�xecut,ing this Agreement,
Contractor will provide proof of enrollment in E-verify to the Coun.ty.
0
35) Prohibited Telecommunications Equipment
Contractor represents and,certifies,that it and its,applicable subcontractors do not and, will not use
any equipment, system,, or service that.uses covered tel ecommuni cat ions equi,pment, or services as
a substantial or essential component of'an,y system, or as critical,technology as pail of any system,
as such terms are used in 48 CFR §§ 52.204-24,through 52.204-26. By executing this Agreement,
Contractor represents and, certifies that Contractor and its ap 'cab,le subcontractors must not
ph
p We or use such covered telecommunications equipment,., systern,, or services for an scope of'
rovi y
work performed forthe County for the entire duration of this Agreement. If Contractor isnotified
of any use or provisions of such covered, telecommunications equipment,, system, or services by a
subcontractor at any tier or by any other source, Contractor must promptly rep�ort the, information
in 40 CFR§ 52.204-25(d)(2)to County.
- Denial or Revocation under Section 287.137, Florida Statutes
36), Antitrust Violations,
Pursuant to Section 287'.137',Florida Statutes,as may be amended,a person or an affiliate who has
been placed on the antitrust violator vendor list(electronically published and updated quarterly by
the State of Florida) following a conviction or being held civilly liable for an antitrust violation,
0
may not submit a bid,p�rop�osal,or replyfor any'new contract to provide any goods or services to a
public entity; may not submit a bid, proposal, or rept -tor a,, new contract with a,public entity for
I y
the construction or repair of a public building or public work; may,not subinit a bid,, proposal, or
reply on new leases of'real property to a,public etitity; May not be awarded or perform work as a
contractor,supplier,subcontractor,or cons,u,lt,ant under a new,contract with a pubitic entity-,,and may
not transact new business, with a public entity. By entering this Agreement, Contractor certifies,
is
neither 'it nor its affillate(s) are on the antiti-tist violator vendor list at the time of entering thi
Agreement,. False certification under this paragraph or being subsequently added to that list will
result in termination of this Agreeinent,at the optio'n of the County consistent with Section 287.13,7,
Florida Statutes,as amended.
37) Respect of Florida
In accordance with Subsection 413.0361(3), Fla. S,tat., if a product, or service required for the
performance of this Agreement is on the procurement list established pursuant, to Subsection
413.035(2), 'Fla. Stat., then this statement aPplies-, IT IS EXPRESSLY UNDERSTOOD AND
AGREED THAT ANY ARTICLES THAT ARE THE SUBJECT OF, OR REQUIRED, TO
CARRY OUT",THIS CONTRACTSHALL BE PURCHASED FROM A NONPROFIT AGENCY
FOR, THE BLIND OR FOR THE SEVERELY HANDICAPPED THAT IS QUALIFIED
PURSUANT TO CHAPTER 413, FLOR-1DA, STATUTES,, IN THE SAME MANNER AND
Page 15 of 17
LJNDER, THE SAME PROCEDURES SET FORTH IN SECTION 413.036(l) AND (1)
FLORIDA STATUTES; AND FOR PURPOSES OF THIS CONTRACT THE PERSON, FIRM,
OR OTHER BUSINESS ENTITY CARRYING OUT THE PROVISIONS OF THIS CONTRACT
SHALL BE DEEMED TO BE, SUBSTITUTED FOR THE STATE AGENCY INSOFAR AS
DEALINGS WITH SUCH QUALIRED NONPROFIT AGENCY ARE, CONCERNED.
Additional information about the designated nonprofit agency and the products it offers is,available
zit: 114a ' ,. .,4 f lorida.,(')
38) Use of Recycled Materials,State-Produced Lumber, and U.S. Produced,Steel
Contractor agrees to procure any recycled products or materials which are the subject of or are
request to carry out this Agreement in accordance with Section 403.7065, Fla. St at., as amended
from time to time. In addition, Contractor agrees to comply with the provisions,of Section 255.20,
Fla. Stat., as amended from.time to time, that requires the use of lumber, timber, and,other forest
products produced and manuffictured in this state, subject to certain exclusions. Last, Contractor
agrees to comply with Section 2,55.009�3, Fla. Swat., as amended from time to time, guaranteeing
use of it or steel products that are produced in the United States, unless,certain exclusions apply.
39) Merger; Amendment
This Agreement constitutes the entire Agreenlent between the Contractor and the County, and
negotiations and oral understandings between the parties are maged here in. This Agreement can
be supplemented and/or amended only by a written document executed by bo,th the Contractor,and
authorized designees of the County.
40) Interpretation
The titles and headings,contained in this,Agreement are for reference purposes only and will notin
any way affect the meaning or interpretation of this,Agreement. All personal pronouns used in this
Agreement include the other gender,and the singular includes the plural,and vice versa,unless the
h context of erwise requires. Terms such as "herein"refer to this
Agreement as a whole and not to
any particular sentence, paragraph, or section where they appear, unless the context otherwise
requires. Whenever reference is made to a section or article of'this Agreement, such reference is
to the section,or article as a whole, including all subsections thereof, untess the reference is,made
to a particular subsection or subparagraph of such section or article. Any reference to"days"'means
calendar days, unless otherwise expressly stated.
41) Joint Preparation
It is acknowl edged that each party to this Agreement had the opportunity to be represented, by
counsel in the preparation of this Agreement and accordingly the rule that, a, contract will be
interpreted strictly against, the party preparing swine does not apply herein due to, the joint
contributions of both parties.
42) Severabillity;Waiver of Provisions
Any provision in thi's, Agreement that is prohibited or unenforceable in any jurisdiction will, as to
that Jurisdiction, be ineffective to the extent of such prohibition or unenforceability without
invalidating, the remaining 'provisions hereof or affecting the validity or enforceability of such
provisions in any other jurisdiction.The non-enforcement of any provision by either party will not
constitute a waiver of that provision nor will it affect the enforceability of that provision or of the
remaincer of this Agreement'.
43) Signature Autborlity
Upon request', the Contractor must provide the County with copies, of requisite documentation
evidencing that the signatory for Contractor has the authority to enter into t pis Agreement.
Page of 17
44) Counterparts and Multiple Ori*ginals
This Agreement may be executed in multiple originals, and may be executed 'in counterparts,, each
of which is,hereby deemed to 'be an original, but all of which, taken together, constitutes one and
the same agreement.
IN WITNESS WHEREOF, Contractor,and County have executed this Agreement as of the date
first written above.
CONTRACTOR*, WALTER MARINE I LLC
BY*-
Sl*gnatu.re
Pri`nt Name& Title
STATE OF
COUNTY OF A/
The foregoing instrument was sworn to/a,ffirmed and acknowledged before me by means
Q tt.�
of t�l physical presence or 0 online notarization thi,, s I — day of 3�V\w 20 by
Manager/Owner of Walter Marine I LLC, an Alabama limited Ilaullity company.
He/She is pens onally known to me/o�r has pro duce e�d le of'denfificafio n)
kt,yp i i i
as identification.
griatu re of Notary Public GRACE L KELLER
NOTARY%
My Commission Expires
July 118,2027
1
I
("Print& Stanip Com miss oned'dame o
BOARD OF COUNTY COMMISSIONERS,OF MONROE COUNT, FLORIDA:
6
By
Mayor Michelle Lincoln
(Seal)
Attest-, Kevin Madok,Clerk
As Deputy Clerk
Approved as to legal fon-n,&sufficiency-.
Mqfta lt y signe0911:1 ,EveM. LewisD,,,:2026,012:47 05'00'
Eve M., Lewls,Asisistant County Attorney
Page 17 of 17
VEXH
., IT
CONTRACTOR'S COMPLETED
�CIOUN"I"Y FORMS PRICE PROPOSAL
A. r11*1 cc t y rtn "i (sci:!liattacheid " III "
PRICE . -
mckrsigneod, h ri 4g, °I e l td the ,*vork. speci,fications. FTP doci"uuents. anodd
u id' �"�d " ).and,other ntzac cx vo,f , 1h °�w"' of
� �ficial ��' i� � � e ��' le pe g
w C T i"" 7 D
an L , �e`c ic-m � � ���"��' �, acau,f "iaa;v clams Mdu 's ,Nr ic nz co eo'",
cirri !u-Ic � niler� n �I "w' of� ,
�" � ' ,u �n >w! �wVwvr �, ;�f�i I�pF �w�`�r'��,�I�`�I�iwn"'I � ir ��i''I�* + w does h �'�iw�,���KIW 'propose. t'�;
v al leer. � i mmu" ��' I,�`���,� �� i,� "I�"���. i i nd. ip e'
and K11 inrcidentalis'zaeccess y o perfomi,amd compleete a,:!,isork and txorl� "idental hereto.
117,
�Adidendza,issimed ei ret ,.,.
IL2 lac t`'�IY�" 0cation()of the Vx"caw is o^., 'rperfWrm. . ;.I, o ll, ,sotaxies of
"
of
anv s,('11bsurfitce, Or other aten phjvsi,,ca1 c i'i.td„;gi n wh °z :v%,�d be anti"cip a d b'
c ✓,A
fic I0 e, " l d c to tion.
e by M"',a dr,"w�
00,cr»FL AT,„ ,S '" ", ,w E�r„ l"�w.�Y,11,8 0 �w .!���
�od"I'd"' n �' 'lllµw�'�'°n bo'n,and,"I�"IIYr to ggY»z( ��� � �,�n m��tunt'l" � l N�'. � �Hm.3'nfoi cost per site),,.
"��� 1�1
�I,`PI. i' °w.�.,,�I �,"4 ow,. FLAP,:�*�.nl"'�fV' r'�.« q
�M.�`%w�" .�.!,,, (�lNS
ggrez e;Comtydivideb,,-3 for cost, per
R r `f
See,next pi'e fog.care a slob,
of,
nmy giclude,Optional Add, -�,(Dn&ll-
U
of specific (Acni-ens tial) sei ice. md, a si-sociated r i 1, p lCe'lls'-
See climellit"b�i,d prices
"Pilrice, 11 xma.pef�additiomeil�tL �g,e ofal-tificiall,reef to,bedepiloyed,11. Do Ts,If
Die,ire sli-all,bee no,ad,,di,,,ti,,ca.i,,a,,l diargiess flie-Com-ulty for tr,,a,,g-,el.mileage, lodging,
,oT, ex-piensses.,'ELI,aimifioll, the,,Re,�,Tsendenllt mvitlllsit��.lclude,,all sa-iless, comigumeer,
i at i e,of Florla or��Mcquo-ee
C11111. bepai 1,11 accor&,unce,w"'Ai, he,law of"the Sti
C-'biumhr; Fors Re,�,&,pjcedent, must,include, any CX, oellLses i'licilmr,ed,for tlilast,or"ot her o,p,e—ralionall,
p
"E peaspeed IxT pilli-poses,wiflifildie,TOTALL ein.
PrO,
NOTEE-The the,,rillght�to div,,ide,the total,(aggregate)" pTice,by 11.1',
Laigg,to
of,der t,o,ascerta.111 1.1,the, ac h sitell any It m P,Tice,per eez. �,, ,L,
the contr Uil the Rcs� Of-Ae"lat"s Pro Osal ltselfx�ulilRFP.,Tlliis
"P P
cri-dy g�wantetess work fog (5)Mile,R±,,ef loc ali,om biat�solill,cifts-,; workv,on,
11, tluee, (3) art' dal reef sitess. Dhe, C ifin, i Illolulit 016 1 'ill its sole,
y exprelllsislNr the, ript
icre� amilifild I reef sites to wit".11,,ch,cs,cretion, to ii isse oT,decreeasellie,work
"bo�t 'i ',Re,,e,,f
ane,or�� 11,,of the,artificiall,re,,e,,f sitemsdesch'bed,hereein a s the,Guffside,Eiglit(8)'Mile,
I "tl a pigpLo&a. iat md"or (91) Nlile R—eef R-egnondents inivist saibnvuit
PEW
U,fl, site's mi,eceten,I",P"ll,'.,tes, co, eticil of al ffee:,('31' aftificial,reef osal S,fliatli, t the wark-
7
(i.e.Offer� Of"01.�7�1,CFI'le,,'0 IM re-eff sitee)will notbe,cJ� 1&idered,.,
reeceipt,of Addencla,N'o.,(s,)
No. I Dated 10,1`1,7 2 0 2 5
NNE. 2 DatedLQ,,'��
No. 3 Dateed
No. Dated
"P
ap� of 80,
2 of 3
txib�tA,Micnroe Prices
Mw'iufacturing 4 daysTransit Hia-ridiU,,ing& Deploy UnitTottaii Total Uni,ts Totat clost
Super 11�,300.00 2.963.00 3.0,00/0.010 17,263.00 x 36 $ 621.468.00,
FLAK R 903. 46100 873.00 $ 3.239.00 x 148 $ 155.47200
ECOped 1.805M 425M 3,09,8.00 �x 72 $ 223.0516,00
9q"%qq6.0o
'Price per patch 83,333AN,
Price per site 333,31.332.00
Total aggregate 3 sites $ 9919 ,'0
M'AtlUfZlcture p e r u n Pei,Patch! p e r si,'t e ci I I a gregatte 3 sites
9. .
SkIper $ 11,3010.00 33.9,00.00 135.600,010 406,800.00
Ria ir $ 1,903.00 '7',612.00 $ 30,448.00 $ 91,31"1.00
,'E C 0 1,8015M 10,830M 4,33201.00 $ 129,9660.00
Transport&Hariditing, Per U r nit per patcl'i p e r site Totia,I a ggregFitle 3 sites
Super $ 2,9613�00 $ 8,889M $ 35,5563,010 $ 106,668.00
4,63.00 1,852.00 7.408.00 t Rar $ 22,224.00
Eco $ 425.00 2,,550.00 ioo200.00 30,600.00
Deployment Per Utlit per Patch per site Tot at aggregate 3 sites
Super $ 3,DOO, .043 9.0,00-00 S 36,000.00, $, 108.0010.0-0
Ra r 8�73.00 3.492.00 13,968,00 $ 41,904.00
Eco 6 6 S.,00, $ 5,208,00 20,83MO $ 62,496.00
9990991,61.00
j g
%Jo "0'
m"W"
3 of 3
DATE(MM/DD1YYYY)
ACCWZa CERTIFICATE OF LIABILITY INSU NCB 10/14/2025
THIS CERTIFICATE IS ISSUED ED ASA MATTER CIF II" F RMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY ELY R NEGATIVELY AMEND, EXTEND OR ALTERTHE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE`E F INSURANCE CE ES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INS I ER S, AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate harder is are ADDITIONAL INSURED,the ollcy(les)must have ADDITIONAL INSURED RED r rrlslons or he nddorsed.
It SUBROGATION IS WAIVED, subject to the teams and Conditions of the policy, certain policies may require an endorsement. A statement ent on
this certificate does not carrier rights to the certificate holder in lieu of such endC rasa ent s .
PRODUCER CONTACT
Higginbotham Insurance Agency, Inc. N HO I N I E IAME: Dias Corn
3212 i t wN i Park �� o� �,e�e817' .... _e
E-MAIL
IL
Mobile AL 36606
6
I SN ERNS FFORDING COVERAGE NAIC
bcense#�2081754 INSURER A:Markel American Insurance Com ar 28932
INSURED ,A I L- _... w._
INSURE
w� ------
INSURERaInsurance
�....�.� ..�.u...�. ,.
Walter Marine N, L C
C David Walter dba falter Marine
... ................�.�........., ..,..,...,..,. ......,..�........,. .......� .......,.
Orange Beach AL 36561INSURER s
_ _m
INSURER F
COVERAGES CERTIFICATE NUMBER:1081314845 REVISION NUMBER:
THIS a IS TO CERTIFY THAT THE POLICIES OF INSURANCE CE ISTED BELOW HAVE BEEN ISSUED O 11E INSURED NAMED EDP ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING AN " REQUIREMENT, TERM R CONDITION OF ANY CONTRACT R OTHER DOCUMENT WITH RESPECT TO WHICHTHIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE N CE AFFORDED BY T11EPOLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
I i
r. POLICYEFF POLICYEX r� 'TYPE e
L" INSURANCE
POLICY BED M/ / MIN / LIMITS
f X COMMERCIAL GENERAL
...:.......,� 1 f ............ ........a, ,�«,.,: ..,,w..,.,...�.._.„..........,,..,......��
000........o rl e 5 w
2,500 MED EX (Any one person),.,,_,,,
��..: .. ..�..w.... � ......... PERSONAL&ADVINJURE'" 1,000,000
r
GE °L AGGREGATE LII T APPLIES LIES PER; GENET L,AGGREGATE"E S 2„I I ,000
LIB �� OC PRODUCTS COMP/OP GG $/, ,
TIER
AUTOMOBILE E IABILITY COM&INED SINGLE LIMIT" S
ANY I W'rO BODILY INJURY(Per person)
OWNEDSCHEDULEDBODILY INJURY r accident) ..... ..a.....
ja.. ... AUTOSONLYAUTOS
HIRED NON-OWNED T R I ER A MA GE
AUTOS NL) AUTOS rN4L...... r
(' �Accidei t
� r r
j
UMBRELLA LIAcI OCCUR EACH OCCURRENCE S
EXCESS LIAI
I. IIIIAIE AGGREGATE
ICED RETENTION S
WORKERS COMPENSATION PER OTH-
AND EMPLOYERS'LIABILITYSTATUTE ER
/ ,
�Re�......_...b.
ANYPROP IETOR/OFFICERAIEMBERl Ar'"INER/EXEXCLUDED?EC'''UTI"L I L EACH...........AC C IDEN
El
(Mandatory utor Ira III E.L.DISEASE ASE-�E EM L EE S
I Ir s,describeunder _ .. .n.a m..® ......_...,..... �....m. .w m,..
D SQ I T*N OF OPERATIONS b6bw E.L.DISEASE POLICY Y LIMIT I S
A P&I/Jones Act Oast (2 Crew) CC 2 3-1 6/1/ 125 /1/02 S ,5I L Deduct. Included in Liao.
Pollution L bhty
V-1 8911-25 / /; 25 6/1/2026 $5,000,000 per O c
t
t
DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,le,may tt ched if more space is required)
Classification Limitation- Manufacture&Placement of Artificial Reefs and non-emergency vessel assistance.
The General Liability
ah t policy includes a blanket aLrtarrlatic additional insured endorsement that praldes additional insured status(General Liability additional
insured
�I�ed status includes ongoing and completed ps)to the certificate holder only when there Is a written contract between the named insured and the certificate
holder that requires,such status.
APPROVED BY RISK MANAGEMENT
BY C ram _
DATE r .12. 6
CERTIFICATE HOLDER WAIVER N/A_YES� CANCELLATION
CEI..LATION 1
SHOULD ANY F THE ABOVE DESCRIBED POLICIES BE CANCELLED EN` E
THE EXPIRATION DATE THEREOF, NOTICE IILL BE DELIVERED IN
The Monroe County Board of County Commissioners, Its ACCORDANCE WITH THE POLICY PROVISIONS.
Employees&Officials
1100 SimN ont arl Street AUTHORIZED f!g PRESENTATIVE
TATr E
Key West FL 33040
1988-2015 ACORD CORPORATION. All rights reserved.
ACCORD 25 2016 3 The ACORD name and raga are registered marks of ACORD
ai
EEPK� ';
WALTER MARINE
�ARTIFICULREEFS'
WWWWWWWW WWWWWW . � "�iWW www
251-9,79-2200
Question: Regarding insurance:
Would Monroe County reconsider the following regarding insurance requirements?The
RFP insurance requirements state, "If Applicable".
Clarifications:
Auto Liability policy is not applicable. No cars or land vehicles will be used for this project.
All operations will be on the water and covered by Jones Act (P&I) insurance.
Workers' Compensation is covered by the Jones Act for shipboard operations, and no
Land-based operations will be used.
USL&H coverage is included in the P&I coverage.
Commercial Diving Endorsement will be provided if Walter Marine determines divers are
needed.
Walter Marine does not use any subcontractors for this project and transports the artificial
reefs from Alabama via international waters and will not touch land.The insurance
requirement in the RFP is impossible to obtain for this project, as no land-based work will
be performed in Florida. Workmen's Comp would not protect the city against a claim
aboard a ship. In addition, no automobiles would be used. Would Monroe County revisit
the insurance requirements related to these exceptional circumstances of this
deployment?
Walter Marine carries General Liability and Jones Act(P& 1) insurance, which completely
covers the county for this project.
As a reference, for identical operations, Walter Marine's insurance, as mentioned above, is
accepted by the City of Carrabelle, City of St. Marks, City of Mexico Beach, Franklin
County, Bay County, Okaloosa County, Santa Rosa County, Escambia County, State of
Alabama, State of Mississippi, State of Texas, and the State of Louisiana.
MONROE COUNTY, FLORIDA
REQUEST FOR WAIVER OF INSURANCE REQUIREMENTS
it is requested that the Hsu rance requirements,as specified in the Coup Schedule of
Insurance ReqUiremends,be walved,or modit"ted on the following contract or purchase.
Contractor/Vendor.: Walter Marine 1, LLC
Project or Service.* Artificial Reef Guffside Five(5)Mile Reef,Guffside Eight(8)Mile Reef,and Gulfside Nine(9)Mile Reef
Contractor/'Vendor P.O. Box 998
Address&Phone 4:
Orange Beach, AL 36561
Gener Sco Deployment of Artificial ReefMaterials t three (3)
al pe of'Wo .
offshore sites
Reason for Waiver or Contractor will not use automobiles 'in performance of work.
Modification: Contractor will not perform shoreline or inland marine,work requihng insurance coverage under US
Longshoreman&Harbor Workees Act
Contractor is furnishing all required Worker's Compensa fion Coverage through P&I Jones Act Policy 9CC8273-16
Poticles Waiver or
Modificat Con will apply to, Worker's Compensation,- SL&K Auto Liability
Signature of Requestor,-,
Ls
Date: Approved Not Approved
1/12/26 J!
R*1 sk M a,n,ag I gement S i gn ature
Date-,
Count y Administrator appeal.-
Ap
prove d. Not Approved-.
Date:
Board of County Commissioners appeal:
Approved: Not Approved:
Meeting'.Date:
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