Okaloosa County BOCC — March 4, 2014 — Emergency Agreement for Beach Cleaning Services — reading text

those stated in the 10.6 below, the CONTRACTOR shall notify the COUNTY representative in writing. The CONTRACTOR shall purchase additional liability insurance to maintain the requirements established in this Emergency Agreement. Umbrella or Excess Liability insurance can be purchased to meet the limits specified in 10.6 below. 10.6 LIMITS OF LIABILITY. The insurance required shall be written for not less than the following limits unless law requires higher amounts: 1. Workers Compensation a) State Statutory b) Employers Liability $1 million each accident 2. Business Automobile $1 million each occurrence (Combined Single Limit) 3. Commercial General Insurance $1 million each occurrence (Combined Single Limit) 4, Professional Liability $1 million each occurrence (Combined Single Limit) 5. Personal Injury and Advertising $1 million each occurrence (Combined Single Limit) 10.7 The CONTRACTOR agrees to report any incident or claim that results from performance of this Emergency Agreement. Within ten (10) days of the CONTRACTOR’s knowledge, the Okaloosa County Risk Management Officer shall receive written notice describing the incident or claim. In the event such incident or claim involves injury or property damage to a third party, verbal notification shall be given the same day the CONTRACTOR becomes aware of the incident or claim. A detailed written report is to be made within ten (10) days. ARTICLE XI: CERTIFICATE OF INSURANCE 11.1 All insurance shall include the interest of all entities names in and its respective agents, consultants, servants and employees of each and all other interests as may be reasonably required by the COUNTY as Additional Insured. The coverage afforded the Additional Insureds under this policy shall be primary insurance. If the Additional Insureds have other insurance that is 5 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. 11.2 Certificates of insurance, in duplicate, evidencing all required coverage must be submitted to and approved by the COUNTY prior to the commencement of any of the work. The certificate holder(s) shall be as follows: Okaloosa County 602-C North Pearl Street Crestview, Florida 32536 11.3 All policies shall expressly require thirty (30) days written notice to Okaloosa County at the address set out above, or the cancellations of material alterations of such policies, and the Certificates of Insurance, shall so provide. The certificate, if on a Standard Accord, shall not include language such as "if any" or but failure to mail such notice shall impose on obligation or liability of any kind upon the COUNTY, its agents or representatives. 11.4 All certificates shall be subject to the COUNTY’s approval of adequacy of protection and the satisfactory character of the Insurer. 11.5 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 the COUNTY. All deductibles or SIRs, whether approved by the COUNTY or not, shall be the full responsibility of the CONTRACTOR. In particular, the CONTRACTOR shall afford full coverage as specified herein to entities listed as Additional Insureds. In no way will the entities listed as Additional Insureds 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 the 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. 11.6 In the event of failure of the CONTRACTOR to furnish and maintain said insurance and to furnish satisfactory evidence thereof, the 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. 11.7 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 Emergency 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. ARTICLE XII: INDEMNIFICATION AND 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 Emergency Agreement. ARTICLE XIII: AMENDMENT. This Emergency Agreement may be amended, in writing, by the mutual consent of the parties. ARTICLE XIV: ENTIRE AGREEMENT. This Emergency Agreement constitutes the entire understanding between the parties with respect to the transaction contemplated herein and supersedes all prior written or oral negotiations, commitments or writings. All future modifications to this Emergency Agreement shall be in writing signed by both parties. ARTICLE XV: ATTORNEYS FEES. If any legal action is brought by either party relating to this Emergency Agreement, the prevailing party will be entitled to reimbursement by the other party of its reasonable attorneys' fees and costs. ARTICLE XVI: GOVERNING LAW AND VENUE. This Emergency Agreement shall be interpreted in accordance with the laws of the State of Florida without regard to its principles of conflicts of laws. Venue for any legal proceedings arising out of this Emergency Agreement shall be in Okaloosa County, Florida. IN WITNESS WHEREOEF, the parties hereto have caused these presents to be executed on the day and year first hereinabove written. SANDMAN, LLC OKALOOSA COUNTY, FLORIDA -Paylor Ward, Managing Member Ernie Padgett, County Administrator Date: 2 /, o 5/ / of Date: 22. A. EXHIBIT A SCOPE OF SERVICES AND COMPENSATION BEACHES The measurements contained herein are an approximation. 1. Okaloosa Island from the United States Air Force (U.S.A.F.) property at El Matador Condominiums to U.S.A.F. property adjacent to John C. Beasley Park, approximately 3.1 miles. 2. Destin beaches approximately 6.64 miles extending east to west along the Gulf of Mexico from the Walton County line west to the east Jetties at East Pass then north along the east pass on Holiday Isle, up and including East Pass Towers. 3. Norriego Point Excluded Properties: 1) Henderson Beach State Park. 2) Any private beach owner who expressly state, in writing, that they do not want their property cleaned. CONTRACTOR’S RESPONSIBILITIES AND WORK REQUIREMENTS: 1. All beach areas from the water line landward approximately sixty (60) feet shall be mechanically cleaned as scheduled. The parties acknowledge that the City of Destin has no ordinance controlling the setup time of beach vendors and therefore this requirement is subject to change on a case by case basis. No mechanical beach cleaning shall occur any closer than ten (10) feet from sand dune toe. All other areas are to be hand-picked of debris as needed. However, if at any time during the period of the contract, access or ingress to any beach is impractical due to eroded or washed-out conditions from marine disturbances, storms or other acts of God, or in the event access to the beaches is impractical due to depleted or diminished sand from tidal action, acts of God, or any causes that are beyond the control of the CONTRACTOR, the CONTRACTOR, with approval of the COUNTY/TDD official in charge, may clean the areas by raking, manual picking, or other suitable means to complete the services hereunder. 2. All beach areas must be cleaned as early as possible. All machine-cleaning of the beaches shall conclude by 9:30 a.m. and equipment and collections shall be removed from the beach by 10:00 a.m. daily or shortly thereafter as circumstances dictate. 3. Clean all beaches of seaweed (as allowed by permit), dead animals or marine life, pebbles, food, glass, papers, and all other debris. Removal of the wrack, defined as the line of dried seaweed, marine vegetation, and other organic debris and detritus left on the beach by the action of the tides, shall be prohibited year round from the east jetty of the 8 East Pass inlet and east for one (1) mile. Removal of the wrack is authorized when the COUNTY reasonably determines that the health of humans may be negatively affected. . Report all suspected oil or hazardous material on the beach to the National Response Center immediately. (800) 424 — 8802 or #DEP from a cell phone. . Clean around lifeguard towers, plants, trees, trash containers, retaining walls, etc., and other obstacles within the beach areas. They are to be raked, manually picked up, or other suitable means may be used to provide the services as required. TRASH CONTAINER REQUIREMENTS AND LOCATIONS . Containers shall be located, in sufficient quantities to meet the goal of clean beaches, along the beaches at locations determined by the CONTRACTOR and COUNTY. The CONTRACTOR may use 40-gallon plastic containers with plastic bag liners. Other trash receptacle options are allowed with permission of the COUNTY. The containers must all be the same color and anchored in place by either a 4X4 wolmanized post or galvanized steel post and chained or bolted in place and have easy public accessibility or by other methods agreed to by the COUNTY. . Locations of Trash Containers. CONTRACTOR shall receive prior approval from COUNTY of the location of each container. Containers shall be placed as required to handle the amount of trash determined upon volume, accessibility and changing circumstances. ITEMS TO BE FURNISHED BY CONTRACTOR The CONTRACTOR shall furnish all labor, equipment, additional bag holders, posts, container bags, drums, drum lines, and all other materials, supplies and incidentals, etc. for the cleaning of beaches, and other incidental work thereto, as specified herein. At the conclusion of the contract, the materials placed on the beach (poles, bag holders, drums, bags) will become the property of the COUNTY. CONTRACTOR SHALL BE RESPONSIBLE FOR ASSURING THAT ALL EMPLOYEES ADHERE TO THE FOLLOWING MINIMUM RULES/REGULATIONS . Personal items found on the beach shall be brought to the attention of the TDD official in charge and handled as required by Florida law and County ordinance. . The CONTRACTOR and its employees shall have identification cards indicating their employment at all times while on duty and shall display these on their outer clothing in visible sight. . The CONTRACTOR and its employees shall be knowledgeable of, and adhere to, all County ordinances. . CONTRACTOR shall be responsible for assuring that beaches are in safe and clean condition at all times and shall report to the TDD official in charge any conditions which might require COUNTY action. BEACH CLEANING EQUIPMENT . The beach cleaning equipment to be used shall be capable of completing the above described work within the specified work period. . Servicing of any equipment shall be done outside of the sandy dune/beach areas. Equipment shall not be parked or stored on any COUNTY property. . Access to the beach shall be through the authorized