10/09/1991 Agreement
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JBannp I.. ltolbage
BRANCH OFFICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33050
TEL. (305) 743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
600 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
M E M 0 RAN DUM
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (306) 852-9263
To:
Tom Brown, County Administrator
From:
Danny Kolhage, Clerk
Date:
March 3, 1992
I am enclosing herewith contract documents concerning
archeological activities at the Jail site that were for-
warded to me by Morrison-Knudsen/Gerrits via the County
Attorney's office. I am also including a memorandum from
Rosalie Connolly to me which discusses certain problems with
the insurance provisions of the contract and efforts that
she made to have this resolved so that we could proceed with
execution.
As you can see, we have been in contact with Morrison-
Knudsen, Paula Rodriguez who is representing your Risk
Management Department, and the County Attorney's office. To
date, we have had no indication of how this matter is to be
resolved. Therefore, I am returning these contract docu-
ments to you for future processing.
I am also asking that you advise Morrison-Knudsen not to
direct any requests for payment to this office concerning
this contract until the issue is resolved. This is par-
ticularly important because we have been informed that the
contractor has already received a Notice to Proceed, has
entered the site and accomplished the work - all, I might
add, without the benefit of a signed contract with the
County.
"~~ler
cc: Mayor Harvey
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
County Attorney Ludacer
Doug Fuller, M-K/G
Filp
.-,
M E M 0 RAN DUM
February 25, 1992
Danny,
Please note attached contract with Archeological
and Historical Conservancy, Inc. concerning the excavations
at the Indian Midden on Jail Site. This contract was
approved by the Board on October 9, 1991 and was just
received by us today for processing and transmittal. At the
same time, we have also received for execution an Insurance
Modifications document showing waivers of auto and workers'
comp that was approved on January 29th.
I CALL YOUR ATTENTION TO THE FOLLOWING PROBLEM:
The Certificate of Insurance now attached to the
contract still does not seem to meet the requirements of the
coverage as set out on Page 6 of the contract (even allowing
for the waivers of auto and workers' comp). I placed a call
to Paula Rodriguez about this problem. Paula advised that
she had also questioned this and had refused to okay the
certificate. She informed me that she had had conversations
with Martell and Scott of M/K about this problem and they
had advised her that the situation was "moot" because the
contractor had "already been in and out and the job was
over". Paula said that she was very upset over this and
even questioned M/K as to whom they were working for -
Monroe County or the contractors. She says she even
discussed it with "Lawton" but feels that it has been taken
out of her hands.
This leaves me at a loss -- do we execute the
contract or not? I don't believe this is a decision that
should be made by me.
Please advise.
OK~~ErY ~2,~!;2E
(305) 294-4641
BOARD OF COUNTY COMMISSIONERS
MAYOR, Wilhelmina Harvey, District 1
Mayor Pro Tern, Jack London, District 2
Douglas Jones, District 3
A. Earl Cheal, District 4
John Stormont, District 5
.
MEMORANDUM
TO:
Danny Kolhage
Clerk
Randy Ludacer D LA,
County Attorney I~ )\,---
FROM:
SUBJECT: Insurance coverage - Jail
DATE: March 4, 1992
I have examined a copy of your memorandum of March 3,
addressed to the County Administrator concerning the insurance
coverages required in connection with the archeological
contractor.
In my view, the fact that the work has been completed
does not render the situation moot as contended, since there is
still the outstanding possibility of claims until the statute of
limitations has run. I therefor would suggest that the
contractor be required to furnish proof of the appropriate
coverages for the period involved, even if they are retroactive.
RL/pr
cc: Board of County Commissioners
Tom Brown
Doug Fuller
r"'~
.ann!' 'I.. .olbage
BRANCH OFPICE
3117 OVERSEAS HIGHWAY
MARATHON, FLORIDA 33060
TEL. (806.743-9036
CLERK OF THE CIRCUIT COURT
MONROE COUNTY
600 WHITEHEAD STREET
KEY WEST, FLORIDA 33040
TEL. (305) 294-4641
M E M 0 RAN DUM
BRANCH OFFICE
P.O. BOX 379
PLANTATION KEY. FLORIDA 33070
TEL. (305) 852-9253
F\; '!'~rf'. "
'\ ,<::">
, ,'",:P--'
. '~v-
<.~..
To:
Tom Brown, County Administrator
""',"
il.,
From:
Danny Kolhage, Clerk
r '. '.
I.., ~""
. ~ I
Date:
March 3, 1992
I am enclosing herewith contract documents concerning
archeological activities at the Jail site that were for-
~'by Morrison-Knudsen/Gerrits via the County
Attorney's office. I am also including a memorandum from
Rosalie Connolly to me which discusses certain problems with
the insurance provisions of the contract and efforts that
she made to have this resolved so that we could proceed with
execution.
As you can see, we have been in contact with Morrison-
Knudsen, Paula Rodriguez who is representing your Risk
Management Department, and the County Attorney's office. To
date, we have had no indication of how this matter is to be
resolved. Therefore, I am returning these contract docu-
ments to you for future processing.
I am also asking that you advise Morrison-Knudsen not to
direct any requests for payment to this office concerning
this contract until the issue is resolved. This is par-
ticularly important because--we'-nave-Deen informed that the
contractor has already received a Notice to Proceed, has
entered the site and accomplished the work - all, I might
add, without the benefit of a signed contract with the
County.
-,.... ~
cc: Mayor Harvey
Commissioner Cheal
Commissioner Jones
Commissioner London
Commissioner Stormont
County Attorney Ludacer
Doug Fuller, M-K/G
P ; 1 ."'
A
- ,
.~
. ,
M E M Q R ~ N ~ U M
February 25, 1992
Danny,
Please note attached contract with Archeological
and Historical Conservancy, Inc. concerning the excavations
at the Indian Midden on Jail Site. _. This contract was
approved by the Board on October;?"i~991 and was just
received by us today for processirig~nd transmittal. At the
same time,'we have also received for execution an Insurance
Modifications document showing waivers of auto and workers'
comp that was approved on January 29th.
I CALL YOUR ATTENTION TO THE FOLLOWING PROBLEM:
The Certificate of Insurance now attached to the
contract still does not seem to..t,.the requirements 'of the
coverage as set out on Page 6 of 'th'e: contract (even allowing
for the waivers of auto and workers' comp). I placed a call
to Paula Rodriguez about this problem. Paula advised that
she had also questioned this and had refused to okay the
certificate. She informed me that she had had conversations
with Martell and Scott o~ M/K about this problem and they
had advised her that the situation",was,rmoot'~, because,. the
contracto!'rhad "already been inand~;out~;;andt:He jobnS'"
over".Piul~ said that she was very upset over this an4
even questioned M/K as to whom they were working for _
Monroe County or the contractors. She says she even
discussed it with "Lawton" but feels that it has been taken
out of her hands.
This leaves me at a loss -- do we execute the
contract or not? I don't believe this is a decision that
should be made by me.
Please advise.
_i _"#
'.. .
..:
AGREBMENT BBTWEBN OWNER AND CONSULTANT
-7
Owner:
Monroe County Board of
Commissioners
500 Whitehead street
Key West, Florida
u
Z
:Ai _
C);
County
z
33040:
(305)294-4641
Consultant:
Archeological and Historical
Conservancy, Inc.
P.O. Box 450283
Miami, Florida 33145
(305)325-0789
Construction Manager:
Morrison-Knudsen/Gerrits
5090 Junior College Road
~'~,2;Y lies'i:., Fl'")rida 3::;,-'~O
(305)292-7845
Project:
Archeological Excavations at Site 8M02
Midden on site of New Detention Facility
stock Island, Key West, Florida
Date:
October 9, 1991
Section
TABLE OP CONTENTS
Page
2.0
1.0 General Scope of Work. . . . . . . . . . . . . . . 1
3.0
4.0
5.0
6.0
7.0
8.0
9.0
10.0
11.0
12.0
13.0
14.0
15.0
16.0
17.0
18.0
Basic Services
2.1 Field Work. . . .
2.2 Data Assessment . . .
2.3 Report Preparation
2.4 Collection Accessioning
. . . . . . . . . .
1
1
1
2
. .. .......
. . . . . . . . . . . .
. . . . .
Services Supplied by the County
3.1 Information.
3.2 Services. . . . .
. . . . . . .
2
2
. . .
. . . . .
Schedule. . .
. . . . . . .
2
Authorization for Services. .
. . . . .
2
Compensation
. . . . . . . .
3
. . . . .
Firms & Individuals Providing Subcontracted
Services . . . . . . . . . . . . . . . . .
4
Satisfactory Performance
. . . . . . . .
4
Resolution of Disagreements
4
Consultant Accounting Records .
4
Ownership of Project Documents.
. . . . . . . . . .
5
Insurance Coverage & Indemnification. .
. . . .
5
.~qual Employment Opportunity Clause . . .
8
Independent Contractor Status & Compliance with
the Immigration Reform and Control Act of 1986. . . 8
Prohibition Against Contingent Fee. .
9
Truth in Negotiations . .
9
Successors and Assigns. .
. . . . .
9
Termination of Agreement. .
. . . .
9
Table of Contents (continued)
section
Page
19.0 Hazardous Materials . . . . . . . . 10
20.0 Extent of Agreement . . . . . . . . . . . . 10
21.0 Governing Law . . . . . . . 10
22.0 Agreement Execution . . . . . . . . . . . . . . 11
1.0 General
The Consultant shall conduct archeological salvage
excavations at the site of the New Monroe County Detention
Facility, specifically at the Indian Midden. The purpose of
these excavations will be to recover a representative sample
of the artifacts and material data at the site that will
provide scientific reconstruction of the prehistoric Keys
environment, particularly in regards to species diversity
and changes in species population and size through time.
The Consultant is to provide archeological services meeting
the professional standards prescribed by the Florida
Division of Historical Resources.
2.0 Basic Services
What follows is the breakdown of project scope of work.
2.1 FIELD WORK
Several two meter squares will be excavated to bedrock.
All materials will be retrieved through a 1/4 inch mesh
screen. In addition, (3) each, one meter column
samples will be recovered for subsistence studies. The
time and lodging of Mr. Robert S. Carr will be donated,
and costs thereof are not included in the Compensation
section.
2.2 DATA ASSESSMENT
Most data assessment will focus on the faunal elements
and will be done by Dr. Steve Hale of Georgia Southern
University. In addition, radiocarbon dates will be
determined for basal deposits of the site. other
analysis will include bone ~ools, wo~ke~ sh~lJ, ~lld
pottery.
2.3 REPORT PREPARATION
The Consultant will prepare and submit final report
based on the excavations and the data analysis.
Originals of the report will be presented to the State
of Florida's Historic Resources, the Monroe County
Board of County Commissioners, and the Florida Keys.
Copies will also be available to the public.
10/02/91
CONSULTING AGREEMENT
1
2.4 COLLECTION ACCESSIONING
All recovered materials will be placed at the Florida
Keys Museum of Natural History in Marathon, Florida.
3.0 services Supplied by the County
3.1 Information
The County or its Construction Manager will provide
general information only, which has been provided by
others, on the location of the Midden within the
construction site.
3.2 Services
The County has retained a Construction Manager to
manage the construction of the New Monroe County
Detention Facility. Authorization to be on the site,
will need to be coordinated with Morrison-
Knudsen/Gerrits.
4.0 SchedUle
Time is of the essence. The Consultant shall proceed with
the work upon Notice to Proceed and shall be complete within
(13) months after issuance of the Notice to Proceed.
The following schedule shall be adhered to:
4.1 FIELD WORK, completion of activity within (30) calendar
days after Notice to Proceed.
4.2 DATA ASSESSMENT, completion of activity within (6-9)
months fr0M completion of FIELD WORK.
4.3 REPORT PREPARATION, completion of activity within (12)
months from completion of FIELD WORK.
5.0 Authorization To Perform Services
Authorization to perform services may be given only by the
County Administrator or his representative as directed by
the Monroe County Board of County Commissioners.
The Consultant shall perform no services contemplated to
merit compensation beyond that provided for in this
10/02/91
CONSULTING AGREEMENT
2
agreement unless such services, and compensation therefor,
are provided for by an appropriate amendment which is
approved by the Board of County Commissioners.
6.0 Compensation
For the Basic Services provided for in this Agreement and as
described in Article 2, the County agrees to pay the
Consultant a fixed fee based on the following:
6.1 FIELD WORK, comprised of archaeological technicians,
per diem, and transportation. Time and lodging of Mr.
Robert S. Carr are donated, and costs thereof are not
included in the total compensation.
$ 6,500.00
6.2 DATA ASSESSMENT, comprised of column samples and carbon
14 dating.
6.3 REPORT PREPARATION
$ 2,900.00
$ 500.00
$ 1. 500.00
6.4 COLLECTION ACCESSIONING
TOTAL LUMP SUM COMPENSATION
$11,400.00
----------
----------
The total lump sum denotes full and total compensation
including all miscellaneous reimbursable expenses.
Any additional services shall be performed if
authorized or confirmed in writing per Section 5.0.
The County shall endeavor to make payments on account
of the Co~~ultant's basic services, as well as any
3/h.Utionc...l services wi'chin thirty (30) days upon
presentation of the Consultant's statement of services
rendered and/or expenses incurred. If there are any
questions regarding any statement submitted, the County
will notify the consultants in writing and indicate the
reasons within thirty (30) days. If there are no
concerns brought to the Consultant's attention, the
billing shall be deemed correct and binding upon the
County.
The Consultant shall submit invoices on a monthly basis
and payment will be made on a percentage of complete
basis on line items as established.
10/02/91
CONSULTING AGREEMENT
3
7.0 Firms and Individuals providing Subcontracted Services
The County reserves the right to review the qualifications
of any and all subcontractors or professionals, and to
reject any subcontractors or professionals deemed not
qualified to perform, in a proper and timely manner, the
services for which it shall have been engaged.
In the event Consultant plans on subcontracting, notice
shall be given to Monroe County.
8.0 satisfactory Performance
All services to be provided by the Consultant under the
provisions of this Agreement, including services to be
provided by subcontractors, shall be performed to the
satisfaction of the County's representative.
The Consultant shall pay the County all losses, damages,
expenses, costs, and attorneys' fees, including appellate
proceedings, that the County sustains by reason of any
default, any negligent act or omission, including patent
infringements on the part of the Consultant in connection
with the performance of this Agreement.
9.0 Resolution of Disagreements
The County shall decide all questions and disputes, of any
nature whatsoever, that may arise in the execution and
fulfillment of the services provided for under this
Agreement.
'J:'he decis~.ol1 ot: '~he Count.y npon all claimR f quest,ions
~l~~U~~Sf and conflicts shall be final arid conclusive, and
shall be binding upon all parties to this Agreement.
10.0 Consultants Accounting Records
Records of expenses pertaining to all services performed
shall be kept in accordance with generally recognized
accounting principles and procedures.
The Consultant's records shall be open to inspection and
subject to examination, audit, and/or reproduction during
normal working hours by the County's agent or authorized
10/02/91
CONSULTING AGREEMENT
4
representative to the extent necessary to adequately permit
evaluation and verification of any invoices, payments, or
claims submitted by the Consultant or any of his payees
pursuant to the execution of the Agreement.
For the purpose of such audits, inspection, examinations,
and evaluations, the County's agent or authorized
representative shall have access to said records from the
effective date of the Agreement, for the duration of work,
and until three (3) years after the date of final payment by
the County to the Consultant pursuant to this Agreement.
The County's agent or authorized representative shall have
access to the Consultant's facilities and all necessary
records in order to conduct audits in compliance with this
section. The County's agent or authorized representative
shall give the Consultant reasonable advance notice of
intended inspections, examinations, and/or audits.
The Consultant shall require their sub-consultants to comply
with the provisions of this article by insertion of
requirements of this article in written contract agreements
between the contractor and such payees. Failure to include
such provisions shall be reason to exclude some or all of
the related payee's costs from the amount payable to the
Consultant pursuant to this contract.
11. Ownership of project Documents
All design data, plans, specifications, field survey notes
and any other documents prepared or obtained by the
Consultant under the provisions of this Agreement shall be
the sole property of the County and, together with all data
and reference material furnished by the County in connection
with any Project, shall be delivered to the County upon
completion of the County's obligation under this agreement,
or upon termin~,t i.on of th.i.s .Agreemen't a~ provided for
hei:ein.
The County acknowledges that the Consultant reports and
notes, and other similar documents are instruments of
professional services, not products.
12. Insurance Coverage and Indemnification
The Consultant shall procure, pay for, and maintain at least
the following insurance coverages and limits. said
insurance shall be evidenced by delivery to the County of
either a certificate of insurance executed by the insurers
10/02/91
CONSULTING AGREEMENT
5
listing coverages and limits, expiration dates and terms of
policies and all endorsements whether or not required by the
County, and listing of all carriers issuing said pOlicies;
or upon request, a certified copy of each policy, including
all endorsements.
1. Premises and Operations Liability Insurance
Insurance shall be obtained for premises and operations
liability in amounts of not less than $l,OOO,OOO each
occurrence and $2,000,000 annual aggregate.
Coverage shall be provided on either a standard
Insurance Services Office (ISO) Comprehensive General
Liability Form or an ISO Commercial General Liability
Occurrence Form. Alternative forms will be acceptable
so long as coverage is no less restrictive. Coverage
shall specifically include:
a. Bodily Injury and Property Damage Liability
coverage for premises and operations.
b. Products and complete operations for a
minimum of three years beyond the acceptance
of the work of any assigned project by Monroe
County.
c. Independent contractor's exposure.
d. Property damage resulting from explosion,
collapse, or underground (x,c,u) exposures.
e. Blanket contractual liability covering this
contract.
f. Broad form property damage liability.
L. .;\utmnobil.€. J.JiaiJili ty Insurance
Comprehensive automobile liability insurance shall
include coverage for bodily injury and property damage
liability for a minimum limit of $1,000,000 each
occurrence and shall cover use of owned, non-owned, and
hired vehicles and shall include employers' non-
ownership liability coverage.
3. Workers Compensation and Employers Liability Insurance
Statutory Workers Compensation coverage including
Employers Liability coverage with limits of not less
10/02/91
CONSULTING AGREEMENT
6
than $100,000 per person per accident and $500,000 per
person per occurrence for disease. Coverage shall be
provided to cover operations in the state of Florida
and the Voluntary Compensation endorsement shall be
provided. Coverage for federally enacted benefits
shall be provided where applicable.
All insurance policies, except Workers compensation and
Professional Liability policies are required to name Monroe
County Board of County Commissioners as an additional
insured and provide a minimum of sixty (60) days notice in
the event of termination, non-renewal, or reduction in
coverage. Policy language shall be modified to provide
liability coverage for cross liability suits between
insureds without increasing the total policy limits. Monroe
County reserves the right to require additional insurance as
may be deemed necessary for any specific project or WQrk.
Insurers providing coverage(s) must be financially stable
and authorized to do business in the state of Florida. The
Monroe County Board of County Commissioners reserves the
right to reject any insurer that it believes to be
unacceptable. Waiver of any specific insurance limits,
coverage, or other terms or conditions will not waive the
remaining requirements of this insurance section.
The Consultant shall assure that certificates expiring
during the term of the contract are replaced with new
certificates prior to the expiration of the original
certificates. Failure to maintain required insurance
coverage in effect will provide the County with the option
of terminating the contract upon written notice to the
Consultant.
The Consultant does hereby agree to indemnify, defend and
save harmless the County and all the members of its Board,
its officers and employees from and against all losses and
aJ.I claims, demands, payments, suits, action:o;, 't"eC()"(TeL'{,~s!,
~.oi:J:.-ans~.3, a'ctorr.ay' s fees, and judgements or eVery H... cuz'e
and description, including claims for property damage and
claims for injury to or death of persons, brought or
recovered against it by reason of any act of negligence,
errors, or omission of the Consultant, its agents,
employees, or subcontractors, except only such injury or
damage as shall have been occasioned by the sole negligence
of the County. The monetary limits of this indemnity shall
be the limits of insurance coverage applicable to this contract.
The first ten dollars ($10.00) of remuneration paid to the
Consultant is for the indemnification provided for above.
10/02/91
CONSULTING AGREEMENT
7
The extent of liability is in no way limited to, reduced, or
lessened by the insurance requirements contained elsewhere
within this agreement.
13. Equal Employment Opportunity Clause
In carrying out the contract, the Consultant shall not
discriminate against employee or applicant for employment
because of race, color, religion, sex, or national origin.
The Consultant shall take affirmative action to insure that
applicants for employment are employed, and that employees
are treated during employment without regard to their race,
color, religion, sex, or national origin. Such action shall
include, but not limited to, the following:
a. Employment, upgrading, demotion, or transfer.
b. Recruitment or recruitment advertising.
c. Layoff or termination.
d. Rates of payor other forms of compensation.
e. Selection for training, including apprenticeship.
The Consultant shall post in conspicuous places which are
available to employees and applicants for employment,
notices to be provided by the Government setting forth the
provisions of the nondiscrimination clause. The contractor
shall state that all qualified candidates will receive
consideration for employment without regard to race, color,
religion, sex, or national origin.
14. Independent Contractor status and compliance with the
Immigration Reform and Control Act of 1986
..'1l~ ConsL1lt:anc 'lcknQwli..;dges ~hai: it is functioning dS Qll
independent consultant in performing under the terms of this
Agreement, and it is not acting as an employee of Monroe
County. The Consultant acknowledges that it is responsible
for complying with the provisions of the Immigration Reform
and Control Act of 1986, located at 8 U.S.G. Section 1324,
et seq., and regulations relating thereto. Failure to
comply with the above provisions of this contract shall be
considered a material breach and shall be grounds for
immediate termination of the contract.
10/02/91
CONSULTING AGREEMENT
8
15. Prohibition Against contingent Fee
The Consultant warrants that he has not employed or retained
any company or person, other than a bona fide employee
working solely for the Consultant to solicit or secure this
Agreement, and that he has not paid or agreed to pay any
person, company, corporation, individual, or firm other than
a bona fide employee working solely for the Consultant, any
fee commission, percentage, gift, or any other
consideration, contingent upon or resulting from the award
or making of this Agreement.
16. Truth in Negotiations
The Consultant shall comply with Florida state statute
287.055, paragraph 5(a).
By execution of this Agreement, the Consultant certifies to
truth-in-negotiations and that wage rates and other factual
unit costs supporting the compensation are accurate,
complete and current at the time of contracting. Further,
the original contract amount and any additions thereto shall
be adjusted to exclude any significant sums where the County
determines the contract price was increased due to
inaccurate, incomplete, or non-current wage rates and other
factual unit costs. Such adjustments must be made within
one (1) year following the end of the contract.
17. Successors and Assigns
The Consultant shall not assign, sublet, or transfer his
interest in this Agreement without the written consent of
the County.
.L."; ~ '. -~~~.:m
i.:~.,:.,l ;;;:(~lgr{:;ament
This Agreement may be terminated by either party upon seven
(7) days written notice to the other party should either
party fail substantially to perform in accordance with the
terms of this Agreement through no fault of the other party.
In the event that conditions arise, such as lack of
available funds, which in the County's opinion make it
advisable and in the public interest to terminate this
Agreement it may do so upon written notice.
If the project is suspended or abandoned in whole or in part
10/02/91
CONSULTING AGREEMENT
9
for more than three (3) months, the Consultant shall be
compensated for all services performed prior to receipt of
written notice from the County of such suspension or
abandonment. If the project is resumed after being
suspended for more than three (3) months, the Consultant's
compensation shall be equitable adjusted.
19. Hazardous Materials
The Consultant and his subconsultants shall have no
responsibility for the discovery, presence, handling,
removal or disposal of or exposure of persons to hazardous
materials in any form at the Project site including, but not
limited to, asbestos, asbestos products, polychlorinated
biphenyl (PBC) or any other toxic substances. The County
reserves the right to secure services of other consulting
firms should any hazardous material or asbestos containing
material be required to be tested and/or removed.
20. Extent of Agreement
This Agreement represents, together with all EXhibits, the
entire written Agreement between the County and the
Consultant and may be amended only by written instrument
signed by both the County and the Consultant.
21. Governing Law
This Agreement shall be governed by the laws of the state of
Florida. All claims, disputes, and other matters in
question between the parties to this Agreement or breach
thereof, shall be decided by a Court of Law in the County of
Monroe, in the state of Florida.
10/02/91
CONSULTING AGREEMENT
10
22. Agreement Execution
Acceptance by execution of this document constitutes an
acknowledgement that the individual executing this document
has the capacity to consent to the terms of this agreement.
Owner:
Monroe
By:
County Board of county Commissioners
_.- A ~__
\.U . tI~..A.~ '^~~ ....~.,. - -'. \
'-5-';' ~ ~rJ#".~1
~
lerk
Date:
Attest:
Consultant:
Archeological and Historical conservancy,
Inc.
By:
?d-J A ~
Attest:
Date: 10/30/91
1 R '-1 '1?'
~ Ill', )( _' .... ..0.}lC,
C ___/
By
, A"2t! 0
Oats / / - -
,
10/02/91
CONSULTING AGREEMENT
11
SWORN STATEMENT UNDER SECTION 287.133(3) (a),
FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES
THIS FORM MUST BE SIGNED IN THE PRESENCE OF A NOTARY PUBLIC OR
OTHER OFFICER AUTHORIZED TO ADMINISTER OATHS.
1.
This sworn statement
Contract No.
is submitted with Bid,
for
Proposal or
2. This sworn statement is submitted by the Archaeological
and Historical Conservancy, Inc.
(Name of entity submitting sworn statement)
whose business address is 111 S.W. 5 Avenue, Suite
Miami, Florida 33130
applicable) its Federal Employer
is 59-1987998
(If the entity has no FEIN, include the Social Security Number
of the individual signing this sworn statement:
302,
and ( if
Identification Number (FEIN)
. )
3. My name is Robert S. Carr and my
relationship to the entity named above is Director
4. I understand that a "public entity crime" as defined in
Paragraph 287.133(1) (g), Florida statutes, means a violation
of any state or federal law by a person with respect to and
directly related to the transaction of business with any
public entity or with an agency or political subdivision of
any other state or with the United States, including, but not
L.LLili'c,~d 'l:Ci, an;." b~.d or contract for goods ,n::i,,~'.v:i .~eu c\ be
provided to any public entity or an agency or political
subdivision of any other state or of the United states and
involving antitrust, fraud, theft, bribery, collusion,
racketeering, conspiracy, or material misrepresentation.
5. I understand that "convicted" or "conviction" as defined in
Paragraph 287.133(1) (b), Florida statutes, means a finding of
guilt or a conviction of a public entity crime, with or
without an adjudication of guilt, in any federal or state
trial court of record relating to charges brought by
indictment or information after July 1, 1989, as a result of
04/30/91
PUBLIC ENTITY CRIMES
00420-1
a jury verdict, nonjury verdict, nonjury trial, or entry of
a plea of guilty or nolo contendere.
6. I understand that an "affiliate" as defined in Paragraph
287.133(1)(a), Florida statutes, means:
1. A predecessor or successor of a person convicted of a
public entity crime: or
2. An entity under the control of any natural person who is
active in the management of the entity and who has been
convicted of a public entity crime. The term "affiliate"
includes those officers, directors, executives, partners,
shareholders, employees 1 members, and agents who are
active in the management of an affiliate. The ownership
by one person of shares constituting a controlling
interest in another person, or a pooling of equipment or
income among persons when not for fair market value under
an arm's length agreement, shall be a prima facie case
that one person controls another person. A person who
knowingly enters into a joint venture with a person who
has been convicted of a public entity crime in Florida
during the preceding 36 months shall be considered an.
affiliate.
7.
I understand that a "person" as defined in Paragraph
287.133(1)(a), Florida statutes, means any natural person or
entity organized under the laws of any state or of the United
states with the legal power to enter into a binding contract
and which bids or appl ies to bid on contracts for the
provision of goods or services let by a public entity, or
which otherwise transacts or applies to transact business with
a public entity. The term "Person" includes those officers,
directors , executives, partners, shareholders, employees,
members, and agents who are active in management of an entity.
v...
dased on 1.Jifunmltion and bel ief, the statemeil i: which I h,:nre
marked below is true in relation to the entity submitting this
sworn statement. [Please indicate which statement applies.]
x Neither the entity SUbmitting this sworn statement, nor
any officers, directors, executives, partners, shareholders,
employees, members, or agents who are active in management of
the entity, nor any affiliate of the entity have been charged
with and convicted of a public entity crime subsequent to July
1, 1989.
The entity submitting this sworn statement, or one or
04/30/91
PUBLIC ENTITY CRIMES
00420-2
more of the officers, directors, executives, partners,
shareholders, employees, members, or agents who are active in
management of the entity, or an affiliate of the entity has
been charged with and convicted of a public entity crime
subsequent to July 1, 1989, AND [Please indicate which
additional statement applies.]
There has been a proceeding concerning the
conviction before a hearing officer of the state of
Florida, Division of Administrative Hearings. The final
order entered by the hearing officer did not place the
person or affiliate in the convicted vendor list. [Please
attach a copy of the final order.]
The person or affiliate was placed on the convicted
vendor list. there has been a subsequent proceeding
before a hearing officer of the state of Florida,
Division of Administrative Hearings. The final order
entered by the hearing officer determined that it was in
the public interest to remove the person or affiliate
from the convicted vendor list. [Please attach a copy of
the final order.]
The person or affiliate has not been placed on the
convicted vendor list. [Please describe any action taken
by or pending with the Department of General Services.]
7!,(J -4 ~
[Signature]
Date: 10/29/91
STATE OF
COUNTY OF
Florida
Dade
P RSONALLY APPE~ED BEFORE ME, the undersigned authority,
()~~ '5, Gdt-='I'- who, after first being sworn by me,
[name of individual signing]
affixed his/her signature in the~pace provided above on this
d. C\ t \'\ day of () "~r-' , 19 '\ \ .
L '
LU)L
PUBL
My commission expires:
NOTARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. JAN. 4.1995
BONDED THRU GENERAL INS. UNO.
Form PUR 7068(Rev. 11/89)
04/30/91
PUBLIC ENTITY CRIMES
00420-3
LOBBYING AND CONFLICT OF INTEREST CLAUSE
SWORN STATEMENT UNDER ORDINANCE NO. 010-1990
MONROE COUNTY, FLORIDA
" Archaeological and Historical Conservancy"
(Company)
" warrants that it has not employed, retained or otherwise had
act on its behalf any former County officer or employee SUbject to
the prohibition of section 2 of Ordinance No. 010-1990 or any
County officer or employee in violation of section 3 of Ordinance
No. 010-1990. For breach or violation of this provision the County
may, in its discretion, terminate this contract without liability
and may also, in its discretion, deduct from the contract or
purchase price, or otherwise recover, the full amount of any fee,
commission, percentage, gift, or consideration paid to the former
County officer or employee".
?,tJ 4 L
(Signature)
Date: 10/29/91
STATE OF Florida
COUNTY OF Dade
tE~ONAL~Y APPE~ED BEFORE ME, the undersigned authority,
,'>QCI'-'\- "..'). G'6-\-Jl- who, after first being sworn by me, affixed
his/1;er signature c.nam~- of individu~~ sig~ing) in the space
provlded above on thlS (1m day of OLAi3y)f'I'-' , 19::U.
\~ b
i ,1 \ ~ \__ .
~) ) U ! . U)2)
NOTARY PUBLIC
My commission expires:
N01ARY PUBLIC STATE OF FLORIDA
MY COMMISSION EXP. JAN. 4.1995
aONDED THRU GENERAL INS. UNO.
07/25/91 LOBBYING AND CONFLICT OF INTEREST CLAUSE
00425 - 1
PRODUCER
. . ,. ::; \1..~J~~.r;,~~~;"
~
ISS':'f-, DATE_(1.IMlODIY't').
n 12119/91 '-.~-
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMA TlON ONLY AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTlFlCATI:
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
P LI ES BELOW.
COMPANIES AFFORDING COVERAGE
StaIh1er, Adsns & Sweet Inc..
(2301 s. W. 27 Avenue
, MiB:ni, FL 33145 '
I
i COMPANY A
; lETTER
The Travelers
'!he Archaeological Historlcal
Inc.
P. O. Box 450283
Miami, FL 33145
. __J ~~~~~NY B
r-------------
i COMPANY C
Coos~ lETTER
~ ...foA,IL-Jt-_________.___._~
I COMPANY 0
i lETTER
r--.-
I COMPANY E
I lETTER
..______ __4_______________._ -------
INSURED
."O:VIE'--"""E"S~,'" ~~ -" r .~:atl#:~~'..'):-.', .. ,- "''''-:
~..._..!s.!~~__~ ~~~~::t'~, ~~~
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BElOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
~~ TYPE OF INSURAHCE I POLICY HUMBER 1 POLICY EFFECTIVE ~~~;; ~PIRA ;.~~'------ --- . ____u__ --- ___n_______
LTR' : DATE (MMJDDlYY) : DATE (MM.'DDiYY) , LIMITS
, '
. GEHERAl LIABILITY ,
f---~
r. V. I COMMER. CIAl GENERAL LIABILITY :
_".q. :l-----, r---j I
A ,:..;"z~:_.~ ClAlMS IMJ>E ~ OCCUR.!
: j OWNER:S & CONT~CTOR'S PROT.:
:-- I ' .- -- :
~___I ----------i
I
66Q-251G2381'J1U91
11./3/91
5/16/92
GENE,,^-l,AGG.R.EGATE.. : '2000 000
~_ROD~~:S-C_~MP~O!_~~'_i _$. 2'-000 ~(X)()-
PE_RS~!:l.~l.! AD~ !N.:~~.. _..!. 2 -' 000' 000 _.
_~C~ ~~~~~~NC~._._._ u. $ -2 · 000:..000-
f!~':..[)!,~~E_~_.~~'i~~)_-'_~___.'__50 ~ _
MED EXPENSE. l""Y o.-oe per>OO) $ 5 : 000
, AUIOIolOBIU: LIABILITY
r--1AN~ AU;O' ..
r--':; ,'.
l----i All OWNED AUTOS .
l__J SCHEDULED AUlOS
~ 'HIRED AUTOS
t---, NON-OWNED AUlOS
l- 'GARAGE LIABILITY
I:
: EXCESS LIABILITY
~. ----,
~~ UMBRELLA FORloI 'JI,
I 'OTHER THAN UMBRELLA FORloI
I
I
i
i
COMBINED SINGLE
LIMIT
$
BODll Y INJURY
jPer person)
I_~____--------~----- _____ -
:$
BODll Y INJURY
(P6! occident)
$
, PROPERTY DAMAGE
$
EACH OCCURRENCE
$
~--._-------
$
AGGREGATE
-_._~- ..- --~-~~- ----~r:=~-:.,;._~:,..--,-./;.-J.:.~~.
AND
. _._~T-,~TY!:<?RY l~T_S ~~':':"~~....:.':-2;'~:"
EACH ACCIDENT : $
--.... ---- - --< -.-----. -- r- -. ---~-
, DISEASE-POLICY liMIT : $
WORKER'S COIolPENSATION
EMPLOYERS' LIABILITY
DISEASE-EACH EMPLOYEE $
: OTHER
DESCRIPTION OF OPERA TlOHSILOCATIO~ISNEHIClES/SPECIAlITElo\S
RE: S'DXX ISLAND 0XlNlY JAIL
CERTIFICATE lU.DERS ARE iillDITI<1'W:.. WURED
C_ERT!flC~I~_~9LDEf1::.t~:#Ht"~~~~':k;:'" -;"' - ..-..~J;':.cANCELLA TION. '. " .~- -. ., "J .- - ,
. ,. ~- ~. SHO~'L~ ~NY O~ THE ABOVE DESCRIBED POLICIES BE CANCELLED .:~:-'O':'E ;Hf
Gerrits, Joint Ven~ EXPIRATION DATE THEREOF, THE ISSUING COMPANY WilL ENDEAVOR 1C
, ~AIL.60_ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED 10 THE
~ LEFT. BUT FAILURE TO MA!L_ SVCH NOTICE SHALL IMPOSE NO OBLIGATION or
~; ; ~1'.. .;. ~.,..._....;'i~-~ _ _
~i: LIABILITY Of ~~YJ<l,~pJ)~7t€::COMPANY. ITS AGENTS OR REPRESENTATIVES
~ AUTHORIZED:P7~ ~~
.'~~" ., _ ._ , _,'. '._., S.
.' e'ACORD CORPORATION H
M:xrroe Cou rty
Y.orrison, Knudsen,
P. O. Box 5283
Key West, FL 33040
. ,.........") r,1;.~ (71ee))
At~ttlllt@
CERTIFICATE OF INSURANCE
(COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,
PRODUCER
STEMBLER ADAMS & SWEET INC.
2301 .s. w. 2;Z AVENUE
MIAMI, FL 33145
, ,~..
INSURED
The Archaeo1ogiCp.1 Historical Conser-
vancy, Inc. .
P. O. Box 450283
Miami, FL 33145
'CO
'LTR
TYPE OF INSURANCE
POLICY NUMBER
A
GENERAL LIABILITY
X COMMERCIAL GENERAL LIABILITY
CLAIMS MADE X OCCUR,
OWNER'S & CONTRACTOR'S PROT,
660-251G2381TRI91
A
AUTOMOBILE LIABILITY
ANY AUTO
ALL OWNED AUTOS
SCHEDULED AUTOS
As above
X HIRED AUTOS
X
NON.OWNED AUTOS
GARAGE LIABILITY
ISSUE DATE (MMIDDIYY)
4/22/92
GHISCERffFiCATEiS ISSUED AS leMA TTEFfoFINFORMA TfoiiloNLY'AND
CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE
DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE
POLICIES BElO~;_._,._ ..... ..".. ........__,..,........."'_.....M'._"'..,,..._,
COMPANIES AFFORDING COVERAGE
f~~~~NY A
The Travelers
P~l~~NY B
NCCI
COMf>ANY C
LETTER
f~T~~NY D
f~T~~~NY E
POLICY EFFECTIVE POLICY EXPIRATION
DATE (MMIDDIYY) DATE (MMIDDIYY)
LIMITS
GENERAL AGGREGATE
5/16/91
$ 2,000,000
PRODUCTS.COMP/OP AGG, $ 2,000,000
PERSONAL & ADV, INJURY $ 2, 000, 000
$ 2,000, 000
FIRE DAMAGE (Anyone fire) $ 50 000 :
, t
MED, EXPENSE (Anyone person) $ l:: (\(\(\ :
~._~"?_~--,,,."'-~..,--..,~-----==--~~""_..._,,,..,,,...;<..-. ..------l..,...Jr.LUU.,-,~..~".
COMBINED SINGLE i
LIMIT $ 2, 000, 000
5/16/92
EACH OCCURRENCE
As above
BODILY INJURY
(Per person)
$
BODILY INJURY
(Per accident)
$
PROPERTY DAMAGE $
$
$
EXCESS LIABILITY
UMBRELLA FORM
OTHER THAN UMBRELLA FORM
EACH OCCURRENCE
AGGREGATE
B
WORKER'S COMPENSATION
AND
EMPLOYERS' LIABILITY
TBD
OTHER
r DESCRIPTION OF OPERA TlONS/LOCA TIONS/VEHICLES/SPECIAL ITEMS
4/10/92
STATUTORY LIMITS
EACH ACCIDENT
DISEASE-POLICY LIMIT
DISEASE-EACH EMPLOYEE
$ 100,000
$ 500,000
$ 100, 000
4/10/93
RE: STOCK ISlAND COUNIY JAIL
CERTIFICA'IE HOlDERS ARE ADDITIONAL INSURED
CERTIFICATE HOLDER
Monroe County
Morrison, Knudsen, Gerrits, Joint Vntr
P. O. Box 5283
Key West, FL 33040
ACORD 25-S (7/90)
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRA6'8N DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO
MAIL _ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE
LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLlGAlION OR
LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES,
AUTHORIZED ~;,;t 4'~ ~-d~
"0 SAS:
@ACORD CORPORATION 1990
11"~</GERRITS
10:305-292-9697
MAY 28'92
17:01 No.MI6 P.Ol
O'yy~ITY ~~~~E
l,at,1 ~","6.1
.~
\ . .'
- "
D,QARD Of COUNJ:V cO_~U~~I?l'if:M
M,4. VOA. Wilncll11lna HfUVOY. l'n,lrl(;1 I
MHVUI Pro Tom, Jack London. OiMrl'tl ~
(1<IUQiBS Jones, f)lli\IK:1 ,~
" [oil Chatl, Oltlri('.ll\
.John Slormtlnl. Ollllm.:l'
~
.. ~
~'i~ \,~'L
~tct\~,,~\U' ~
al'tCl~~'~~U
~~.. OO'-~\~
~EMORANDUM
TO:
DOug Fuller, Project Manager, Ootentlon FacUlty
I?~
rf\OMI
lilia/ton ~wAn. KAV 8lahlBda. Risk MiJn~Qeml)nt $e~t1ol'1
DATE !
Aprtl 2 t 1992
S lJBJ~ CT :
Archoologle..1 ~nd HIstorical Conul"val'ley. Inc.
In I'caponsl:S to your req....st for comments on th~ lnsl,lnHlce requlroll'lo.nts
for Archeotostcal and Hluorlcal Con~ervancy. ll'1c., It eppeMS that
ths cove ragas os furnishad by abovo and as walvod by tho Board 0'
County CC>I'M\Iuloners would Illf~'ce 101' thIs part1cular contract.
The work ha$ beon completed and the scope of opertltlon5 w6u1d not
appear to have GI'lY rosldua1 I lablllty \.0 the County.
"
jIlit p.," .. I
'1$j\
l~-.J
""''''''f'1 t.11 (~^c.r:rl
~MORRISON/~AAITS
~KNUDSEN ~~
A JOINT VENTURE
PO. BOX 5283
KEY WEST, FLORIDA 33045-5283
TELEPHONE: (305) 292-7845
FAX: (305) 292-9697
May 13, 1992
serial No. KJ-OMC-152
Mr. Danny L. Kolhage
Monroe County Clerk of the Courts
500 Whitehead street
Key West, Florida 33040
Subject:
Archaeological Historical Conservancy, Inc.
Contract for Midden Mitigation
New Monroe County Detention Facility
Monroe County Capital Improvements Program
Dear Mr. Kolhage:
Pursuant to the direction in your memo to the County Administrator,
we are returning herewith the following documents:
1. 3 ea copies of original contract with The Archaeological
Historical Conservancy, Inc.
2. 3 ea copies of insurance modifications approved by the
Board of County Commissioners in the 1/29/92 BOCC
Meeting.
3. 3 ea copies of insurance certificate supplied by The
Archaeological Historical Conservancy, Inc., which comply
with the requirements of the contract as amended in the
1/29/92 BOCC Meeting.
4. Copy of memorandum from Lawton Swan and Kay Bahleda
concerning the adequacy of the certificate.
5. Copy of revised Certificate of Insurance.
In review of our documentation, it appears that a previous
unapproved copy of the insurance certificate was inadvertently
included with contract for execution. This appears to be the cause
of the confusion and we apologize for the inconvenience.
We have reviewed this issue at length with Lawton Swan, the
County's Risk Management Consultant and we have attached a
memorandum from he and Mrs. Kay Bahleda concerning the adequacy of
the certificate.
In an effort to expedite the resolution of the issue, the
contractor has also supplied a revised certificate which meets the
required limits of the contract without modification.
~MORRISON/~AAITS
~KNUOSEN ~
A JOINT VENTURE
Mr. Danny Kolhage
KJ-OMC-152
May 13, 1992
Page 2
The only issue that appears to be remaining is the County
Attorney's comment relative to the statute of limitations. Based
on discussions with Mr. Swan and with the contractor's insurance
company, the certificates are issued on an annual basis only and
a new certificate must be issued on the termination date of the
existing certificate. He also indicated that the actual statute
of limitations for the policy by law is significantly longer than
the 36 months described in the contract.
We hope that this addresses all of the issues surrounding this
contract. If there are any remaining problems please do not
hesitate to contact this office.
Sincerely,
MORRISON/KNUDSEN-GERRITS
A Joint Venture
J,Lft ilL
Douglas A. Fuller
Project Manager
DAF/dk
Enclosures
r'l Fn '(~<r "-"',D'
r j .. . .! \, .~. '...._, I .
'92 ,JU!v -5 m 1 :4 7
i"l}
Insurance MOdif~~~~On~'jh
, r ..r-'.
to contract dated October 9, 1991
with Archeological and Historical Conservancy, Inc.
Amend the insurance requirements for the contract dated October
9, 1991 between Monroe County Board of County Commissioners and
Archeological and Historical Conservancy, Inc., as follows:
A. Waive Automobile Insurance requirements;
B. waive requirement for Worker's compensation Insurance.
AGREED TO:
-;
\, 'tl / ('(/)/ 2/
ARCHEOLOGICAL AND HISTORICAL CONSERVANCY, INC. DATE
~rLL,4 {~/~
,19 Z
Approved by the BOCC this 29th day of
January
, 1992
By
Date