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Item G01BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: August 19, 2009 Bulk item: Yes X No Division: Growth Management _ Department: Marine Resources Office Staff Contact Person/Phone # Richard Jones 2805 AGENDA ITEM WORDING: Approval of a resolution addressing procedural issues pertaining to the `Contract for Removal, Refloating and/or Demolition and Disposal of Derelict Vessels and Marine Debris', providing clarification regarding the intent of the contract, providing clarification regarding quote solicitation and job award procedures, and waiving purchasing policy by providing additional purchasing levels and signature authorities to expedite the derelict vessel and marine debris removal process. ITEM BACKGROUND: In March and April 2008 the Board approved contracts with thirteen marine contractors for derelict vessel and marine debris removal. The intent of the contracts was to streamline the removal process, minimizing the potential for resource and property damage as well as life and safety concerns. The contracts outline staff procedures for the solicitation of quotes and awarding of jobs by Task Orders. The Internal Audit Department of the Clerk of the Court has since recommended further clarification from the Board regarding the process of selecting marine contractors for individual removal jobs and authorization for such selections. PREVIOUS RELEVANT BOCC ACTION: March 2008- Selection of thirteen vendors for derelict vessel and marine debris removal. Approval of contracts with five vendors for derelict vessel and marine debris removal. April 2008- Approval of contracts with eight additional vendors for derelict vessel and marine debris removal. CONTRACT/AGREEMENT CHANGES: NIA STAFF RECOMMENDATIONS: Approval TOTAL COST: NIA INDIRECT COST: BUDGETED: Yes No DIFFERENTIAL OF LOCAL PREFERENCE: NIA COST TO COUNTY: SOURCE OF FUNDS: REVENUE PRODUCING: Yes _ No AMOUNT PER MONTH Year APPROVED BY: County Atty X OMB/Purchasing Risk Management DOCUMENTATION: Included X Not Required DISPOSITION: AGENDA ITEM # RESOLUTION NO. -2009 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY COMMISSIONERS ADDRESSING PROCEDURAL ISSUES PERTAINING TO THE "CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS AND MARINE DEBRIS"; PROVIDING CLARIFICATION REGARDING THE INTENT OF THE CONTRACT; PROVIDING CLARIFICATION REGARDING QUOTE SOLICITATION AND JOB AWARD PROCEDURES; AND WAIVING PURCHASING POLICY BY PROVIDING ADDITIONAL PURCHASING LEVELS AND SIGNATURE AUTHORITIES TO EXPEDITE THE DERELICT VESSEL AND MARINE DEBRIS REMOVAL PROCESS. WHEREAS, the County Boating Improvement Fund is the funding source for removal of derelict vessels, with typically $100,000 to $150,000 used each year for such functions; and WHEREAS, in October 2007 the Clerk of the Court recommended to Growth Management staff that contracts be established with multiple contractors in each sub -area of the Florida Keys for derelict vessel and marine debris removal work, which would allow staff to solicit quotes and award individual removal jobs to contractors, thus streamlining the removal process by making it unnecessary to obtain Board approval for individual removal jobs which exceed $25,000 or expenditures to individual contractors which cumulatively exceed $25,000 in a single fiscal year; and WHEREAS, following the recommendation of the Clerk of the Court, the County Attorney's Office in coordination with the Marine Resources Office drafted contracts detailing procedures for staff to solicit quotes and award individual derelict vessel and marine debris removal jobs by Task Order; and WHEREAS, subsequently the Marine Resources Office made a Request for Proposals to marine contractors for the purpose of qualifying vendors and awarding the contracts; and WHEREAS, thirteen (13) proposals were received from vendors both within and outside Monroe County including Coffin Marine Services, Inc., Coral Marine Construction, ASAP Inc., Adventure Environmental, Inc., Bluewater Marine Services, Inc., Lower Keys Marine Towing and Salvage, Inc., Upper Keys Marine Construction, Inc., DRC Emergency Services, LLC, Spirit Marine, Arnold's Auto & Marine Repair, Inc., TSI Disaster Recovery Services, Aqua -Terra, Inc., and Gunderboom, Inc.; and WHEREAS, a selection committee comprised of three staff members of Growth Management reviewed and ranked the proposals, resulting in the selection of five (5) vendors including Coffin Marine Services Inc., Coral Marine Construction, ASAP Inc., Adventure Environmental Inc., and Bluewater Marine Services Inc., which were recommended to the Board for approval of contracts at the March 2008 BOCC meeting; and WHEREAS, at its March 2008 meeting the Board of County Commissioners directed staff to award contracts to all thirteen (13) vendors that provided proposals; and WHEREAS, twelve (12) contracts were subsequently executed, as one of the vendors, TSI Disaster Recovery Services, did not submit a signed contract to staff; and WHEREAS, since the execution of the twelve (12) contracts Marine Resources staff has been diligently processing derelict vessel and marine debris removal jobs in accordance with the guidelines of the contracts approved by the BOCC by soliciting written quotes and awarding individual removal jobs by Task Order authorized by the Marine Resources Senior Administrator, including individual jobs exceeding $25,000 and multiple jobs which cumulatively exceed $25,000 to an individual vendor in a single fiscal year; and WHEREAS, a recent internal audit conducted by the Internal Audit Department of the Clerk of the Court determined that Marine Resources staff is not adhering to Purchasing Policy by 1) not receiving appropriate purchasing approvals, 2) not soliciting quotes in conjunction with the Purchasing Department, and 3) not providing a competitive bid process for jobs over $25,000 or receiving Board approval; and WHEREAS, clarification and further direction is necessary to ensure that the Board of County Commissioners, the County Attorney's Office, Growth Management staff, and the Clerk of the Court understand and are in agreement on the intent of, and the procedures described in, the current contracts for vessel and marine debris removal; NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA: Section 1. The intent of the twelve executed `CONTRACT FOR REMOVAL, REFLOATING AND/OR DEMOLITON AND DISPOSAL OF DERELICT VESSELS AND MARINE DEBRIS' (Contracts) is to streamline the process for awarding individual jobs for removal, thereby reducing the time required to remove such vessels and debris which may cause environmental damage, impede navigation, cause property damage, and create life and safety concerns. Section 2. Consistent with the terms described in the existing Contracts, the Monroe County Board of County Commissioners hereby authorizes Marine Resources staff to solicit quotes and award individual jobs as follows: 1) Solicit written quotes from approved contractors in the applicable geographic area with a deadline for response by e-mail. These responses shall not be disclosed to other vendors or the public prior to the end of the deadline to receive written responses. 2) Receive and review quotes, selecting the lowest bidder. 3) Award jobs by Task Order with invoices and Request to Purchase to follow when job is complete. 2 Section 3. The Monroe County Board of County Commissioners hereby waives existing Purchasing Policy by providing the following purchasing levels and authorizations for work performed under the above referenced Contracts: Dollar Amount $.01-$50,000 Procedure Multiple quotes to be requested by the Marine Resources Office from contracted providers as described in Contracts. $50,000.01 and over Sealed bids to be solicited by the Marine Resources Office from the contracted providers, and to be delivered to and opened by the Purchasing Dept. Purchasing Authority Marine Resources Senior Administrator or Growth Management Director BOCC approval required Section 4. In the event of an emergency of an environmental or life/safety nature the Monroe County Board of County Commissioners hereby authorizes the County Administrator or the Growth Management Division Director to authorize approval of Task Orders over $50,000 and up to $100,000 for work performed under the Contracts. Section 5. The Monroe County Board of County Commissioners establishes the following example of the typical derelict vessel removal procedure: 1- FWC (or other law enforcement agency) provides a "Derelict or Abandoned Vessel Report" and associated vessel documentation to the Marine Resources Office, Iegally authorizing the removal of the vessel. 2- The Marine Resources Office writes a quote request with timelines for response and job completion and a -mails the quote request, the derelict vessel report and associated vessel documentation to approved contractors in the geographic area of the location of the derelict vessel. 3- Approved contractors respond with quotes by e-mail to the Marine Resources Office. 4- After the quote deadline, the Marine Resources Office reviews the quotes and awards the job by Task Order to the lowest bidder by e-mail. 5- Subsequent to the removal of the derelict vessel the awarded contractor provides an invoice, disposal receipts and photos to the Marine Resources Office by e-mail. 6- The Marine Resources Office submits a Request for Payment along with the invoice and associated documentation to the Purchasing Department for payment. Remainder of Page intentionally Left Blank PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida at a regular meeting held on the 19th day of August, 2009. Mayor George Neugent Mayor Pro Tem Sylvia J. Murphy Commissioner Kim Wigington Commissioner Heather Carruthers Commissioner Mario Di Gennaro BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Mayor George Neugent (SEAL) ATTEST: DANNY L. KOLHAGE, CLERK Deputy Clerk MONROE COl1NT TTORNE E : � m) APP VED A T FORM 4 #wApril 14, 2009 Florida Fish and Wildlife Mr. Drew Trivette , Director Conservation Growth Management Division, Monroe County Commission 2798 Overseas Hwy, Suite 400 Marathon, Florida 33050 Commissioners Rodney Berroto Chair Dear Mr. Trivette: Miami Vice -Chairs I would like to commend one of your employees, Richard Jones, for his assistance Jacksonville with the removal of approximately one thousand yards of gill net that represented Ronalcl M. Bwtwt a major threat to marine life in Florida Bay. Fat Lauderdale Tab a Corbett On March 10, 2009, a Florida Fish and Wildlife Conservation Commission DwWtStophanson (FWC) pilot observed several vessels illegally fishing gill nets in a remote area of Daray Beach Florida Bay inside the state waters of Monroe County. The vessels immediately Kan eft W. WV* fled the area after the aircraft arrived on scene. During their escape, the nets were Mrftrparr dumped overboard. The abandoned nets constituted an urgent threat to the marine Boar S. Yabloneld Tallahassee environment and immediate action was required to remove the hazard. FWC's Area Captain for Monroe County, Patrick Langley contacted Sean Meehan with Executive Staff NOAA for help. Sean in turn contacted Richard Jones. Kenneth D. Hadded Executive Director Sean said despite Richard being on vacation, he fielded our request for assistance "k 1Nilsy Assistant Executive Director and leveraged contacts in an effort to dispose of over nineteen thousand pounds of Karon VentMnlpta fish and gill nets. To this end, he was successful. Deputy Chief of Staff We commend Richard for his timely and professional response. This type of "can do spirit" of cooperation from Richard is standard operating procedure for him, Division wnof Law Enforcement performing at his best when tested in the fire of urgent p g y. It 1S a lessors working Colo" Julie Jones with an individual of his caliber. I believe his actions reflect the shared Director commitment to the conservation and protection of our environment through the (850) 488-6251 joint efforts of Monroe County and the FWC. (850) 921-6453 FAX Sincerely, Managing fish and m/dlife resources for their long-erm well-being and the benefit of Major Michael Edwards Regional Commander Division of Law Enforcement T20 South allahassee. Florian da Street South Region, Bravo Area 32399.1600 Voice: (850) 488-4676 Hearing/speech impaired (800) 955-8771(T) (800) 955-8770 M MyFWC.com FLORIDA FISH AND WILDLIFE CONSERVATION COMMISSION DIVISION OF LAW ENFORCEMENT DERELICT OR ABANDONED VESSEL REPORT Incident$ummM#: i=W813-09-OFF•1305 Rog/Doc #: FL 665E GM T_ Length: 35 Make: Endurance Type: SaNboat _ _ _ Vessel Currently Registered? YES [] NO Last Registration Date: 12119f2ot19 Slate: Ft Hull Material: ❑ Wood 0 FIG ® Metai ❑ Rubber ❑ Other ❑ Alien 0A Color: VMtelRed MotorAttachad: ❑ YES ® No Type: H.I.N.: FLZN4382't 12 Narne on Vessel: SAFARI Otllar Identifiers: Floating: ❑ YE8 ® NO Vessel OwnedCurstodian: _Todd lAfteball Kirktand D.O.B.: December 19. 1962 Driver`s License #: K524813654590 State: FL Boat Reg. Addresa: 3818 DockAve Qty16tete1ZJW. Key West FI 33040 Other 1.D: Physical Location of Vessel; 200 yards South of Smothers Beach County: Monroe LatJLong: N 24.32.555 W 81.45.471 Condrtlon of Derelict; ® Wrecked Junked ® Drsrnanlled ❑ Sunk 0 Aground ❑ 8rokw up ❑ Burned ❑ Capsized ❑ Listing OtherlExplaln: _ Photos Taken: 21 YES ❑ NO CarWldon of Abandoned: (9) Abandoned (E) Inoperative ® Partially Dismantled ❑ No Apparent Intrinsic Value Persona) items onboard: ® YES ❑ NO Such as: Submerged °%: 20 Depth in Feet 3 _ Damaged Submerged Lands: I@ YES ❑ NO Other Property Damage: ❑ YES N NO Explain: _ ❑ Afloat L I Adrift ❑ In Weliande ❑ Washed Ashore ❑ Other E2 Tied to Dock © Tied to Object Explain: ® Anchored ❑ Pulled to Shore ❑ Below M.hLW.L. ❑ Above M.H.W.L. ❑ Other. Cause: ® Unknown [] Natural Disaster ❑ Other (Explain); Property Owner; State Submerged Land ❑ Federar Property ❑ Omer { f, tn): OwnerfAddress: Threat to Navigation. ® YES ❑ NO ❑ Unknown How (Explain): -_ Danger to Environment: (M YES ❑ No ❑ Unknown flow (Explain): ---BOATING SAF—W 9 Toured Without Repair; ❑ YES ® NO ❑ Unknown Other: _ Wffl-ERVVAY M p4A4E�ERT. Recommended Dlsposfllon; ❑ Remove hem water ❑ Take to landfill ❑ Recycle metal ® Have the OwnerlCuatodlan Remove ❑ Turn Over to Another ❑ Leave As is NarrativeMili enl Search. Ex taln The vessel Is aground off of Smothers Beach,.Personal items have been taken off the vessel. The vessel is junked, dismantled and inoperative. it is a Navigational Hazard. It appears anything of value has been taken off the vessel. Officer and Agency Repartln dnt): FWC Ofc. Joshua Peters N0953122l09 Officer Signature: Date: ' Reviewed by: L) . ttz Q%e'z Reviewer's Signature: Date: RNWM u45 IU346} 1 'CA PrA rod ..—_ Qoct,J FAC i-16 029 7o Monroe County Office of Marine Resources REQUEST FOR QUOTES for DERELICT VESSEL/MARINE DEBRIS REMOVAL Date: June 2, 2009 From: Richard Jones, Senior Administrator Phone: (305) 289-2805 E-mail: Jones-Rich@monroecounty-fl.gov The Office of Marine Resources is requesting quotes in accordance with the current Contract For Removal, Refloating AndVr Demolition And Disposal Of Derelict Yessels And Marine Debris. Please provide a quote for the Derelict Vessei/s X Marine Debris described below: Description: Location: Quote Deadline: Priority Level: 35' sailboat `Safari' (see attached DN report and photos) Off of Smathers Beach in Key West June 5, 2009 at1_00 nm. Routine Removal Environmental Emergency Hazard to Navigation Please provide a quote on your company letterhead via e-mail (e-mail address provided above) Removal Timeline: All work should be completed by June_ 11, 2009. Additional The awarded contractor may take any or all recycleable materials (steel, Requirements: etc) to a certified recycling center. Engines (or other items not allowable at a County transfer station) may be taken to any salvage center. Fuel or other hazardous materials shall be properly disposed of. All other vessel materials may be taken to any of the three Monroe County Solid Waste transfer stations or may be disposed of using a certified waste management company. All documents required for payment (including invoices, photographs and disposal/recycling tickets) shall be submitted electronically to the Marine Resources office. Any vessels or debris that are large enough to require `processing' must be handled at an appropriate site on land (contact Ed Russell at DEP for details). County of Monroe Growth Management Division Marine Resources Office Suite #420 2798 Overseas Highway Marathon FL 33050 Voice: (305) 289-2805 FAX: (305) 289-2536 Board of County Commissioners Mayor George Neugent, Dist. 2 Mayor Pro Tem Sylvia J. Murphy, Dist. 5 Kim Wigington, Dist. 1 Heather Carruthers, Dist. 3 Mario Di Gennaro, Dist. 4 We strive to be caring, professional and fair Task Order #2009-LKM-2 For the Removal of Derelict Vessel/s and/or Marine Debris Date: June 5, 2009 Lower Keys Marine Towing & Salvage, Inc. is hereby authorized to proceed with the removal and disposal of the 35' sailboat `Safari' located off of Smathers Beach. The County agrees to pay the proposed cost of $5,250.00 upon completion of the work and receipt of an invoice, disposal receipt, and photographs. The completion of the work shall be in accordance with the following schedule: Routine Removal - Environmental Emergency X Hazard to Navigation- vessel should be disposed of by6111/2009 Miscellaneous: Additional Instructions The Contractor shall contact the Marine Resources Office immediately if circumstances arise in which the work cannot be completed according to the above indicated schedule, in which case other arrangements may be necessary to be made. It is understood that weather may delay salvage efforts, however the Contractor's work load or logistical issues will not be considered 'good reason' for delays. Vessels and marine debris shall be properly disposed of at any Monroe County Solid Waste Transfer Station or by a certified disposal service. Any fuel shall be removed and properly disposed of. Any engine/s and/or fuel tank/s shall be separated from the vessel/s as necessary. Any materials (e.g. fuel tanks, engines, oversize metal pieces) that are not suitable or allowable for disposal at a Monroe County Solid Waste Transfer Station shall be properly disposed of at other landfills or recycling centers. Richard Jones Senior Administrator