Okaloosa County BOCC — October 16, 2012 — Contract & RFP — reading text

registration and be covered by auto insurance written by an insurance company licensed to do business in the State of Florida. 2. The vehicle must be registered to the owner of a business which has obtained a qualified beach vendor certificate from Okaloosa County and has an executed contract/agreement with Okaloosa County or upland permitted property owner. 3: The business name, phone #, and the Okaloosa County Qualified Beach Vendor Certificate # must be displayed on both sides of the vehicle while the vehicle is on the beach. The informational lettering must be no smaller than 2” and no larger than 3” in height. 4, A copy of the Okaloosa County Qualified Beach Vendor Certificate must be carried in the vehicle at all times when on the beach. 5. Permitted vehicles are only allowed to enter and exit the beach via the emergency accessways located at beach accessways #2, #4, #7, & the Boardwalk on Okaloosa Island & James Lee Park in Destin. The emergency accessways will be unlocked and relocked by County Staff during the approved scheduled times/dates (see subsection (8) below). Failure for permitted vehicles to comply with items (c)(1) through (c)(5) are subject to the following enforcement actions: a. 1s! Infraction - Written notice to the company and warning issued to violator (driver). b. 2nd Infraction - $250.00 fine. co 3:4 Infraction — Withdraw vehicle's beach permit. 6. The speed limit on the beach is ten mph. Violation of the speed limit will result in the following: a. 1s! Infraction - Written warning to company, ticket issued to violator (driver), and a $500.00 fine. b. 2nd Infraction - $1,000.00 fine. c. 3'4 Infraction - $Withdraw vehicle's beach permit. 7. Hazard lights and head lights must be on while driving on the beach. Failure to operate a vehicle with hazard lights or head lights on are subject to the following enforcement actions: a. 1s! Infraction - Written notice to the company and warning issued to violator (driver). b. 2nd Infraction - $250.00 fine. (od 3d Infraction — Withdraw vehicle's beach permit. 8. Permitted vehicles are allowed access during the following times & dates as approved and coordinated through the County Parks Staff: Last Revised — 09/17/2012 Page 7 11. a. Approved times: 6:00 a.m. — 8:00 a.m., 5:00 p.m. until 7:00 p.m. b. Approved dates will be set up as follows: 1. Last 3 days of February and first 3 days of March. 2. Three days prior to the beginning of Spring Break as determined by the TDC. 3. Three days prior to Memorial Day. 4, July 18!, 2nd & 3rd, 5. Thursday, Friday, & Saturday of the 34 week of August. 6. Three days prior to Labor Day. 7. Thursday, Friday & Saturday of the last week of October. 8. The first week of November. Vehicles must be clean (free of any materials not meeting the requirements of land development code, section 6.02.04, discoloring material prohibition) and in proper running order so as not to leak any fluids such as grease, oil transmission fluid, antifreeze, etc., at any time. Improperly operating vehicles used by the qualified beach vendor are subject to the following enforcement actions: a. 1s Infraction — Written notice to the company and warning issued to violator (driver). b. 24 Infraction - $250.00 fine. con 34 Infraction —- Withdraw vehicle's beach permit. The fee to obtain vehicular authorization for beach access is $500.00 per calendar year per vehicle. Vendors are limited to two authorized vehicles. The vehicle(s) must be designated on the qualified beach vendor application. Transfer of vehicle permit for beach access shall be limited to vehicles owned by the same person or entity. Tag number & copy of the registration of affected vehicles will be provided to the Public Works Parks Division prior to vehicle use on the beach. At no time will there be more than 2 permitted vehicles per qualified beach vendor. Non-permitted vehicles other than official vehicles used by Sheriff's Deputies and County employees used for official business shall not be operated on the beach. Turtle nesting season is designated from May 1 - October 31 each year. All vehicles and activities operating on the beaches will steer clear of all marked turtle nesting sites. Per State Statue Title XXVIII Chapter 370.12 (1) Last Revised - 09/17/2012 Page 8 Protection of Marine Turtles, it is a 34 degree felony of ‘Any person...that illegally takes, disturbs, mutilates, destroys, caused to be destroyed, ...molests, or harasses any marine turtle species, or the eggs or nest of any marine turtle species...'. Limits of Liability The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer's liability with limits as prescribed in this contract: LIMIT A. Worker's Compensation 1.) State Statutory 2.) Employer's Liability $1,000,000 each accident B. Business Automobile & Commercial $1,000,000 each occurrence General Liability Insurance (A combined single limit) Cc. Personal and Advertising Injury $250,000 Notice of Claims or Litigation The CONTRACTOR agrees to report any incident or claim that results from performance of this Agreement. The County representative shall receive written notice in the form of a detailed written report describing the incident or claim within ten (10) days of the CONTRACTOR’s knowledge. In the event such incident or claim involves injury and/or property damage to a third party, verbal notification shall be given the same day the CONTRACTOR becomes aware of the incident or claim followed by a written detailed report within ten (10) days of verbal notification. Indemnification & Hold Harmless To the fullest extent permitted by law, CONTRACTOR shall indemnify and hold harmless COUNTY, its officers and employees from liabilities, damages, losses, and costs including but not limited to reasonable attorney fees, to the extent caused by the negligence, recklessness, or intentional wrongful conduct of the CONTRACTOR and other persons employed or utilized by the CONTRACTOR in the performance of this contract. Certificate of Insurance 1. All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interested as may be reasonably required by Okaloosa County as Additional Insured. The coverage afforded the Additional Insured under this policy shall be primary insurance. If the Additional Insured under this policy that is applicable to the loss, such other insurance shall be on an excess or contingent basis. The amount of the company's liability under this policy shall not be reduced by the existence of such other insurance. 2, Certificates of insurance, in duplicate, indicating the job site and evidencing alll required coverage must be submitted to and approved by Okaloosa County prior to the commencement of any of the work. The certificate holder(s) shall be as follows: ——————————————— Last Revised - 09/17/2012 Page 9 Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 3: The Certificates of Insurance shall disclose any and all deductibles or self-insured retentions (SIRs). Deductibles or SIRs in excess of $10,000 will not be accepted unless specifically approved in writing by Okaloosa County. All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the contractor's full responsibility. In particular, the contractor shall afford full coverage as specified herein to entities listed as additional insured. In no way will the entities listed as additional insured by responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approved from Okaloosa County will only be provided upon demonstration that the contractor has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 3. All certificates shall be subject to Okaloosa County's approval of adequacy of protection and the satisfactory character of the Insurer. County reserves the right to approve or reject all deductible/SIR above $10,000. 4, In the event of failure of the contractor to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by the contractor upon presentation of a bill. 5; All deductibles or SIRs, whether approved by Okaloosa County or not, shall be the CONTRACTOR's full responsibility. In particular, the CONTRACTOR shall afford full coverage as specified herein to entities listed as Additional Insured. 6. In no way will the entities listed as Additional Insured be responsible for, pay for, be damaged by, or limited to coverage required by this schedule due to the existence of a deductible or SIR. Specific written approval from Okaloosa County will only be provided upon demonstration that the CONTRACTOR has the financial capability and funds necessary to cover the responsibilities incurred as a result of the deductible or SIR. 7. In the event of failure of the CONTRACTOR to furnish and maintain said insurance and to furnish satisfactory evidence thereof, Okaloosa County shall have the right (but not the obligation) to take out and maintain insurance on the project. All costs for the coverage will be paid by CONTRACTOR upon presentation of a bill. SSeS eee Eee Last Revised — 09/17/2012 Page 10 General Terms Any type of insurance or increase of limits of liability not described above which the CONTRACTOR required for its own protection or on account of statute shall be its own responsibility and at its own expense. The carrying of the insurance described shall in no way be interpreted as relieving the CONTRACTOR of any responsibility under this contract. Should the CONTRACTOR engage a subcontractor or sub-subcontractor, the same conditions will apply under this agreement to each subcontractor and sub- subcontractor. The CONTRACTOR hereby waives all rights of subrogation against Okaloosa County and its consultants and other indemnities of the CONTRACTOR under all the foregoing policies of insurance. Umbrella Insurance The CONTRACTOR shall have the right to meet the liability insurance requirements with the purchase of an umbrella insurance policy. In all instances, the combination of primary and umbrella liability coverage must equal or exceed the minimum liability insurance limits stated in this agreement. cccccrrrrcrcrerE_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_——— Last Revised - 09/17/2012 Page 11 SPECIAL BID CONDITIONS 1. Right to Waive and Reject: A. The Board, in its absolute discretion, may reject any proposal of a proposer that has failed, in the opinion of the Board, to complete or perform an Okaloosa County contracted project in a timely fashion or has failed in any other way, in the opinion of the Board, to perform a prior contract in a satisfactory manner, and has directed the Okaloosa County Purchasing Director to emphasize this condition to potential proposers. There is no obligation on the part of the County to award the proposal to the lowest proposer, and the County reserves the right to award the proposal to proposer submitting a responsive proposal with a resulting negotiated agreement which is most advantageous and in the best interest of Okaloosa county, and to reject any and all proposals or to waive any irregularity or technicality in proposals received. Okaloosa County shall be the sole judge of the proposal and the resulting negotiated agreement that is in its best interest and its decision shall be final. The Board of County Commissioners reserves the right to waive any informalities or reject any and all proposals, in whole or part, to utilize any applicable state contracts in lieu of or in addition to this proposal and to accept