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Item B06BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 02-17-00 Division: Growth Management Bulk Item: YES X NO Department: Marine Resources AGENDA ITEM WORDING: Approval of the Resolution and the Contract Agreement between Monroe County and Blue Water Marine, Inc. for the Emergency removal of DV03A3159, located off of Key Largo, Monroe County. ITEM: The Florida Marine Patrol classified this vessel as an Emergency Removal. Blue Water Marine was working in the vicinity and agreed to remove immediately for $750.00. PREVIOUS RELEVANT BOCC ACTION: None STAFF RECOMMENDATION: Approval TOTAL COST: $ 750.00 BUDGETED: COST TO COUNTY:Staff Time Only BIF REVENUE PRODUCING: YES NO X AMT. PER MO. YEAR APPROVED BY:COATTY X OMB/PURCHASING X RISWANAGEMENT X DEPARTMENT HEAD APPROVAL: , Marine Resources DIVISION DIRECTOR APPROVAL: Timothy J. McGarry-Divis Dire , Growth Management DOCUMENTATION: INCLUDED: X TO FOLLOW:_ NOT REQUIRED: DISPOSITION: AGENDA ITEM -1�ft MONROE COUNTY BOARD OF COUNTY COMMISSIONERS Contract with: Blue Water Marine, Contract Purpose/Description: CONTRACT SUMMARY Contract # A^ Inc. Effective Date:_ Expiration Date:_/_/_ Emergency remQyal cf DV03A3l 59 Contract Manager: Kim McGee 4511 —_Marina pra;ectc (Name) (Ext.) (Department) for BOCC meeting on 2 ./ 17 / 00 Agenda Deadline: 1 /3_/—_ CONTRACT COSTS Total Dollar Value of Contract: $ 750.00 Current Year Portion: $ 750.00 Budgeted? Yes No Account Codes: - JJEW Grant: $ BIF 750.00 - - - - County Match: $ N/A - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A /yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) Division Director Risk anage ent O. .B./Pu sing County Attorney Comments : CONTRACT REVIEW Changes Date In Needed Yes No i I/?6M) -L/ AL/0M ( ) OMH Form Revised 8/30/95 MCP M2 Date Out Growth Management Division RESOLUTION NO. 2000 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, AUTHORIZING AN ALLOCATION FROM THE BOATING IMPROVEMENT FUND FOR THE EMERGENCY REMOVAL OF DV03A3159 LOCATED OFF OF KEY LARGO, MONROE COUNTY. BE IT RESOLVED, by the Board of County Commissioners of Monroe County, Florida, as follows: 1. That said Board has been notified of the availability of funds from the Monroe County Boating Improvement Fund for the Emergency removal of DV03A3159 located off of Key Largo, Monroe County. 2. That the Growth Management Division, Marine Resources -Marine Projects Section acting for Monroe County has determined the eligibility of this project for the use of Boating Improvement Funds in the amount of $750.00. 3. That said Board hereby directs the implementation of this project by the Marine Projects Coordinator. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on day of A.D., 2000. (Seal) Attest: MAYOR Shirley Freeman COMMISSIONER Wilhelmina Harvey COMMISSIONER George Neugent COMMISSIONER Nora Williams COMMISSIONER Mary Kay Reich Clerk BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: MAYOR/ COMMISSIONERS f CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2000, by and between, Blue Water Marine, Inc. ("Contractor"), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, of the County of Monroe, State of Florida ("Board") The Contractor and the Board, for the consideration named agree as follows: L The Contractor shall furnish all the materials and perform all the work as required by the Specifications for the emergency removal of DV03A3159 for which a Florida Marine Patrol Derelict Vessel Report is attached as Exhibit A. 2. The work to be performed under this contract must be completed by February 28, 2000. 3. The Contractor understands the rules of the Florida Department of Environmental Protection and shall comply with those rules, along with the rules and procedures instituted by the Board to ensure an orderly progress to the project. Both the intent and the requirements of the Specifications, attached as Exhibit B, are understood by the Contractor. 4. The Board shall pay the Contractor $ 750.00 for the removal and legal disposal of DV03A3159. Payment will be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator. No Change Orders allowed. 5. The attached Derelict Vessel Reports, Specifications, and the Monroe County Insurance Requirements together with this Agreement, form the Contract. They are fully a part of this Contract as if repeated herein verbatim. 6. The Contractor covenants and agrees to indemnify and hold harmless the Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury and property damage (including property owned by the County) and 1 other losses, damages, and expenses (including attorney's fees) which arise out of, in connection with, or by reason of services provided by the Contractor or any of its Subcontractor (s) in any tier, their employees or agents. The purchase of the insurance required in paragraph 11 does not vitiate this indemnification provision. 7. The Contractor agrees to supply the County with a set of photographs of each vessel in all phases of the removal and disposal process. The Contractor will be responsible for the camera, film, and development costs. 8. The Contractor must inform the County and the Florida Marine Patrol prior to initiation of work. 9. The parties agree that a timely performance of this agreement is essential due to possible damage to the natural resources, hazards to navigation, or threats to human health and welfare. Therefore, the parties agree that the Contractor shall be liable to the Board for $100 per day of liquidated damages for each day after 2-28-00 that the Contractor's obligations under this agreement remain unperformed. The parties agree that such amount is by the way of compensatory damages and does not constitute a penalty. 10. Due to the use of heavy equipment and, at times, dangerous work environment, the Contractor understands and agrees to maintain an alcohol an drug free work environment. 11. The Contractor will be responsible for all necessary insurance coverage as indicated by an "X" on the attached forms identified as INSCKLST 1-4, as further detailed on forms VL1, WC1, WCJA, GL1, WL1, & POL1 attached as Exhibit C. All policies must list Monroe County as additional insured with the exception of the Worker's Compensation policy. 12. The Contractor 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. 020-1990. For breach or violation of this provision, the owner may, in its 2 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. 13. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. IN WITNESS WHEREOF each party hereto have executed this Agreement the day and year first written above. (SEAL) Attest: DANNY L. KOLHAGE, CLERK Deputy Clerk Witness: Witness: BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: Bus By: Titl Mayor/Chairman i 1IIL I IIIf`,uL raJofI iV UL DIST. SATELLITE Fax:30.�5 853-3553L lf1�p'w Jan 10 '00 10:08 P.02iO3 EXHIBIT A •�sna•�r�r•n ..�..wwli � Ri. � 11R � M r=.r :�..�'`.':G7 `�..•Y •''Vv�� .....a,,..... a a�.avwa...efrs�eaaa•••�r a.w� lu�l/R� wes , rs..1ij DERELICT VESSEL 3A—�� INCIDENT NO.OV-3A- OoLik i �- lOtC.IN�h: .&fLQ LmGm y f FT, MJkK e: t de T�rpr v HALL r4ATEWJ&L: WOOD_, M sp 1�TAI�( E+C:II'Y)&jj/4 RUBBER OTHBRi��►'Y) momit Ym NOX rm An'Ack0b V4S.L NAMFJHOiHE PORT: coLOns; S,, j✓fir -OTHER ID Iru .him: � _. VESSEL 0W*(WXUST9)01AN: O& Kee to" / l?.4'p,P_, L6si44 ADDRESS_ taTY/STATFIZII' i. PSYSiC/lI: LOC�TIt)r(IOI+ DV: ?N Pre �r TU C/A.a - Z e)T zao Q � Q,.,ta � LATnTbFdI.iONGff0M (DEWAS, MiNtnT-S, SECOMS) _ 4. CONDi'1MN-.i WRECKED ., JUNKED DOMANTLED ABANDONEDA- AMMUCVX— I BROKEN UP : RU DW CAPSIZED LISTING SCUTn.FD suwdmtc.ED: 9G aEP78,,(_ Ff. 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