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10/09/1991 Agreement arrd .lOl~a.l1Q a~ul?u1d luawn~op O/M .lOll?.llS1U1WPV AlunoJ Aau.lOllV AlunoJ :~~ luawtpl?llV 'sa1l.ll?d TTl? Aq paTl?as pUl? paln~axa MOU 'Z66T '6Z A.ll?nUl?r WO.lJ luaw -n~op SU01ll?~1J1poW a~Ul?.lnSUI aql OSTl? pUl? T66T '6 .laqol~O WO.lJ l~l?.llUOJ aql JO Tl?U101.l0 all?~1Tdnp l? s1 .lOl~l?.llUOJ aql Ol A.laA1Tap .loJ Ola.laq paq~l?lll? 'ql1Ma.laql a~ul?p.lo~~l? uI 'aAoql? Ol pa.l.laJa.l sluawn~op l~l?.llUO~ aql OU1Z1Tl?U1J .lallaT lUa~a.l .lnOA ol apl?w s1 a~ua.laJaM Al1TT~l?d u01lualaQ AlunOJ MaN '~UI 'A~Ul?A.laSUOJ Tl?~T.lOlSTH pUl? Tl?~TooToaq~.lV U01ll?OTl1W uapP1W .lOd l~l?.llUOJ :l~a~qnS Z66T 'S aunr :all?Q ~.laTJ AlndaQ 'ATTouuoJ .~ a1Tl?soH :wO.ld Sl1.l.laD/uaspnu~-UOS1.l.l0W .laTlnd Sl?TOnoQ :oili W n Q N V MOW ~ W &9Z6-Z98 (90&) 0'13.1 OLO&& VaIlIO'1d 'A3J1 NOI.1V.1NV'1d 6L& XOB oO'd 3:::>UdO H:::>NVlIB U9J>-J>6Z (90&) ''13.1 OJ>O&& VaIlIO'1d '.1S3M A3J1 .13311.1S aV3H3.1IHM 009 A.1NfiO:::> 301lNOW .LlInOO .LlnOlllO 3H.L dO }l1I3'IO 9&06-&J>L (90&) ''13.1 090&& VaIlIO'1d 'NOH.1VlIVW AVM.HOIH SV3S1I3AO LH& 3:::>UdO H:::>NVlIB 31ht(jl01l 'I duuutif 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