Item K16
. Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8-21-02
Bulk Item: Yes r8J No 0
Division: Growth Manaaement
Deparbnent: Marine Resources
AGENDA ITEM WORDING: Approval of the Amendment to the Agreement, for a time
extension, between Monroe County and Spirit Marine Towing for the removal and
disposal of DV3A3578.
ITEM BACKGROUND: The Museum of Natural History expressed an interest in
obtaining this Haitian vessel for a museum display. The contractor stored the vessel
and during the storage period the contract expired. In order for the bill for removal and
disposal to be processed the contract date has to be amended.
PREVIOUS RELEVANT BOCC ACTION: Contract with Spirit Marine Towing &
Assistance approved 3-21-02.
CONTRACT/AGREEMENT CHANGES: Time Extension
STAFF RECOMMENDATIONS Approval
TOTAL COST: $7,880.00
BUDGETED: Yes t81 No 0
COST TO COUNTY: Staff Time Onlv
100% Grant Funding
REVENUE PRODUCING: Yes 0 No t81 AMOUNT PER: MO $ YR $
APPROVED BY: COUNTY A TTYr8J OMBlPURCHASING RISK MANAGEMENTt81
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: INCLUDED r8J TO FOLLOW 0 NOT REQUIRED
DISPOSITION: AGENDA ITEM #: ~ ?
MONROE COUNTY B:JARJ] Ul<- \,;UUN 1 Y \.,UlVllVll~~J.Vl u....."""
CONTRACT SUMMARY
Contract with: Spirit Marin~ Towini COntract #
& Assistance Effective Date:
Expiration Date: 8-31-02
Contract PurposeIDescription:
Time Extension
COntract Manager: Kim McGee 4511 Marine Resources-
(Name) (Ext. ) (Department/Stop #) 9
Marine Projects Section
for BOCC meetUuz on 8-21-02 ~enda Deadline: 8-7-02
CONTRACT COSTS
Total Dollar Value of Contract: $ 7.880.00
Budgeted? Yes(!] No 0 Account Codes:
~:$ 7.880.00
County Match: $ N/ A
Current Year Portion: $ 7 .880 .00
12~ 537Q 6251~ 5304g0 GB0212-530340
ADDmONAL COSTS
Estimated Ongoing Costs: $ N/A /yr For:
(Not included in dollar value above) (~. maintenance. utilities. ianitorial salaries. etc.)
CONTRACT REVIEW
County Attorney
Date Out
Changes
Date In Needed
Division Director 3-8'" ~YesD No~
~.. 8.,f5V
Risk Management ~/ lo -0 ~YesO NoEl
~.. s-!~L
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT AMENDMENT
THIS AMENDMENT TO THE AGREEMENT is made and entered into this
day of 2002, between the County of Monroe, hereafter
County, and Spirit Marine Towing & Assistance, hereafter Contractor, in order to amend
the agreement between the parties dated March 21, 2002 a copy of which is attached to
this amendment.
The County ap.d Spirit Marine Towing & Assistance, amend section 2 and 9 of the
March 21,2002 agreement as follows:
2. The work performed under the Contract must be completed by August 31,
2002.
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 8-31-02 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.
IN WITNESS WHEREOF, the parties have here on to set their hands and seal, the
day and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor / Chairman
(Seal)
Attest: Danny L. Kolhage
Spirit Marine Towing & Assistance
By:
By: fL- C;r~
Title :-f)ttlUCtr
Witness: /f %/~
Wibless: PWf~
~b/U,/~~~~ L~..~
..JWw~J-----
CO~T AGREEMENT
AGREEMENT. MADE nnsW day of~2002. by and
between, Spirit Marble Tcmac & AHittuce ("coouactor"), aDd the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY. FLORIDA. of the County of
Monroe, State of Florida ("Soanf').
The Contractor and the Board, for the consideration named agree lUl follows:
1. The Contractor sball furnish all the materials and perform all the work as
required by the SpecifICations for the emergency removal ofDV3A3578 for which a Florida Fish
and Wildlife Conservation Commissioo Derelict Vessel Report is attached as Exhibit A.
2. The work to be performed under this contract must be complded by ~h 31. 2002.
3. The Contractor understands the rules of the Florida DepartIneRt of Bnvironwulltal
Protection and shall comply with those rules, along with the roles and procedures instituted by the
Board to ensure an orderly progre& to the project. Both the intent BOd the requiremarts of the
Specifications. attached as Exhibit B. are uudentood by the COI1tI'8CtOI'.
4. The Board shall pay the Contractor S 7.880.00 for the removal aod lcpl disposal of
DV3A3578. paymeot will be upon completion of work by the ContractOr and review and approval
by the Marine Projects Coordinator.
5. The attached Derelict Vessel Reports. Specifications. and the Monroe County Iosurance
Rcquimnents to~cr with this Agm:mcnt, form the Contract. They are fully a part of this
Contract as ifrcpc:atcd herein verbatim.
6. The Contractor covaumts and agn:cs to indemnify and bold harmless the Monroe Coumy
Board of County Commissioners from any and aU claims for bodily injury (including death).
personal injury and property damage (including property owned by the County) and other IoSSCSt
dama~ 3I1d expenses (including attorneY's fees) which arise out of. in cooncction with, or by
1
08/02/2002 l~:lj
"'tJ~.L:J:..J.JUU.J
reason of services provided by the Contraetof or amy of its S~.tdor (5) in amy tiert their
employees or agents. The purchase of the insurance: required in paragraph 11 does not vitiate this
indamrifiasrion provision.
7. The Contractor agrees to supply the County with a s<< of photogr&lJbs of each vessel in all
phases of the removal and disposal process. The Conuactcr will be tespoosible for the camcna.
fIlm. and development costs.
8. The COfltl'8C1Or must infunn the County and the Florida MariDe Patrol prior to initiation of
work.
9. The parties agree that a timely performance of this apecm.ent is essential due to possible
damage to the natural ~, hazardJ to navigation, or tbreIts to humin health and welfare.
Therefore, the parties ap that the Contractor shall be liable to the Board for $ t 00 per day of
liquidated dpllge5 for each day after 3-31-01 that the Conttaet<<'s obligations under this
ll!Sl eement remain unperformed. The parties agree that such amount is by the way of
compensatory damageS and does not cmstitute a penalty.
10. Due to the use of heavy equipment and, at times, dangerous work environment, the
Contractor WJdcrst,ands and agrees to maintain an alcohol an dn1g free work enviromneOt-
11. The Contractor will be responsible for all necessary iusurancc coverage as indicated by an
IIX" on the attached forms idclatified as INSCKLST 1-4, as further detailed on forms VLI, wct,
WCJA, GLl, WLt. & POLl attached as Exhibit C. All policies must list MOJU'OC County as
additional insUred with the exception of the Worbr"s compemation policy.
12. The ContradOf warrants that it has not employed, retained or otherwise bad ,ct 011 its
beba1f any fonner County officer or employee subject to the prohibition of Section 2 of Ordinance
No. 0 1 ~ 1990 or any County officer or employee in violation of Sedioo. 3 of Ordinance No. 02~
1990. For breach or violation of this ~iOD, the owner may, in its discretion, termioate this
contract without liability and may also. in its discretion. drlduct from the contraCt or purdJase
2
~6/~~/~~~~ ~~;.~
.;JU..J~J_..JWW""
prU;e, or otherwise recover the tbll lIIIlOUIlt of atrJ fee:, \OUIuUlission. percentage, gift, or
oonsideration paid to the former COUDty officer or employee.
13. A person or affiliate who has beat plac::ed on the c:onvictec1 vmdor nst following a
conviction for public entity crime may not submit a bid on a COI.J,ttBCt to provide any goods or
services to a public entity, may oat submit a bid on 8 contract with a pubti<<; 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 DOt perform work as a CODtraCtor, supplier, subc:oDtraCtor, or
consultant under a contraCt with any public entity, and may not transact business with any public
entity in excess oftbe 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
~ list.
~ WITNESS WHEREOF..... pori)' - have ....-d this Apeema1l ~~...ii!
~'c~ x;po :Ill'>
Il '.above. ~~=:: -0
,~/ ~ ~. --< :;u
~' s) ..q (";~r- I
" ~. ,~. en. or:-
~ ~. ~.;~ _ ~~5 -
.~ ;: ~.- -
~ ..~ BOARD OF COUNTY COMMISSI04J; ~
O:ONROF. c~. FLORIDA~ ~ ~
tMyatla.imvm Y4
Witness:
-;?{ 7ll~
WitneSs:
.."
.-
",
C
.."
o
::0
::0
,."
("")
o
:0
C
3
DERELICT OR A~NDONED VESSEL REPORT
DV-3A- 3S7r~ Oll AV-3A-_ .
INCIDENT NO.., 01 - 3A"': . .
1. RECJDOCN NLtV~ LENcTIi_n. 'MAKE Ht)/Yl~I'J'7A/'!e TYPE.
1SVESSEL~YREGlS1ER'ED? YES_ NO..x. LAsr~GIS1"RAnONDAre N),q SI'A1E.:_
HULL MATERIAL: WOOD X F/G~ METALc:;rECn') RUBB:ER._ Q'1"HER ALIEN:
COLOR: fl.r~:';AJlBLlAe .MOTORA!fACHED: NO_ YES_ TYPE_'ILLN.: ;
NAME ON VESSEL: OTHER mENTtFIERS: FLOA TINC STR1JcrtJRE: -
1- VESSEL OWNER/CUSTODIAN: 1J,., N E.
BOAT REG. ADDRESS;
DRIVER'S UCENSE NO.:
.
J( NGu,.JN
D.O.B.:
crrrlSTA TEJZfP;
OnmR ADDRESS:
3. PHYSICAL LOCATION OFVE.SSEL: 1=" lit"!.! SJ...lIfol.E ,.""u: ",;,1 ""~y ON FL R()r4~ hl'b Kef I<t'''' L AReI'
LATrroDElLONCmJDE(DEGREES.MnroIES.SECONOS): N ~5. [')7. ~Oc.. ",J ~() J ~. 1/2..
~~ - - .
4. CONDmON OF DERELICT VESSEL: WRECKED JUNKED SUBST Al'ffiALL Y DISMANTLED SUNK_
- - -
AGROUND~ BROKEN UP_ BURNED_ CAPSIZED_ usnNG_ FULL OF WAiERLOnIER
CONDITION OF ABANDONED VESSEL: ABANDONED.1L lNOPEltATIVE_ PARTIALl. Y DISMANILE_
NO Al'pARENf INTRINSIC VALUEA PERSONALnEMS ONBOARD_
S. SUBMERGED: "I. DEPTH: Fr. DAMAGING SUBMERGED LANDS: YES NO
- .' - -
OiHER PROPERTY DAMAGE: NO_ YES,LEXPLAlN 50rn;: R€'" t'f'\ANt'..A(J\/F nAIY'IAt:.F'
AfLOAT_ ADFJIT_ 'O'l WEILANDSL WA~ ASHORE~'0111fR.
11ED TO DOCK TIED TO OBJECT cm.an"l SECURED ANCHORED PtlLLED TO SHORE_
- . . -
BELOW M.H.W.L. _ ABOVEMH.W.L. L On!ER.
6. CAUSE: UNKNOWN_ NAnJRALDlSASTElt_ Ou1.1:A~'
7. PROPERTY OWNER: STATE SUBMERGED LAND~ FEDERAL PROPEKT'f - onIER(snCJrn
OWNER/ADDRESS J'" p, (" ~ AI ;< ~€ F S. P. P. D, Box. 4~'" K el I AR "(~ F to ~ ~(l1 "I
8. THREAT TO NAVIGATION: YES NO x.. UN!( HOW
- - -
9. DANGER TO ENVIRONMENT: YESLNO_ UNK_ HOW
10. TOWED wrmour REPAIR: YES_ NO_ UNK_ OTHER
11. RECOMMENDED DlSPOSmON: BEMOVEFROMWAiER TAhETO LANDFIll RECYCLE METAL_
HAVE TIlE QWNERICUSTODIAN REMOVE II_ Tll1lN ovER TO ANlllHER AGEN~LEA VI? AS 15
CREATE MARINE HABITAT OR AR.11FIOAL REEf 0lHER
12. NARRATIVE I DILIGENT SEARCH: (EXPLAIN) ~c. ~ ~ J tA) usa 1-1() (i)E In A f\ F ve ss tl f (A S ed
+0 ;- J:O "~_po.rt H ;:-J.i ~ t:l r,'" <.1 ~~ ~+~~'" "h ",.,d "NeD I ".m h , "J ('? 0 ~ -
Shor'...I,t\J: WJ.:!:h .... ..lJ"a..d d f' c..~ ,.,~ 1.J:!~ r- L~ h LIlt. -
0fIi.c:a's, Si~
II ,1, (t1 -7C'
Ds1C
lells I
DIISC
Reviewer's S~
Reviewed By:
DVOII'..L'f'.~
o.a.p..t ~. om N...-r
I r) /2,;,1
Ori~ ~cv-
PAOlI OF ]
f"'C ~M(1lS'ClI) \It.
--L.-/ v ~ 17 .;:>.:::;)
/4
~
.i
!:
~ I
\
"'0'
- ..
-
-
-
~
...
!::
:!
~
~
'"
~
~
'" .. ~ '!
~
..
~
~
~
~ ~
~ ':::
lit
.i ~ ~
. '!1
:! ':::
=
... !: ~
!:
!: :!
!:
lit
..,
:::E
...
lit !:!
lit -
'"
. ~
..
~ '"
.
Q I ...
'" . "',J
.. )
;-- '"
.. .. ~
l" <3
III II> ::! ~
. ~ - ...
~ c:
(.) . ~ '" .....
\- -c
'" ~ CP
II> co ~ =
'" '" ~ !:
- i>:
fro = '!
@
'! .~
'" u ,
III ~
':::
~ '::: /(
:!
/
'" 0
.. ~ f
-
~
'"
- ~
-
06 .. c::
AUG-2S-02 08,48 FROM,MONROE COUNTY ATTY OFFICE 10,3052823516
PAGE 1/1
o
c~;
IN THE CIRCUIT COURT OF 1HE SIXTEENTH JUDICIAL CIRCUrr;1N AND FOR
MONROE COUNTY, FLORIDA
SUNSHINE KEY ASSOCIATES LIMITED
PARTNERSHIP and omo KEY 1, INC.,
Plaintiffs,
., ':'"
CASE NO.: CAM..QO-30S
v.
MONROE COUNTY, etc., et aI,
Defendants.
I
... ~!:'!!..~..,~~~---~.~. =-~----- "'":::=. ":":' ~ - - -
~
()
o
IN THE CIRCUIT COURT,OF THE SIXTEENTH JUDICIAL CIRCillT
IN AND FOR MONROE couNTY, FLORIDA
CCDI<., CORP., a Florida Corporation,
TOM DAVIS, GRAHAM DAVIS,
GEORGE R. PROUT, JR.. M.D., LOA PROUT.
THOMAS BOHAN. MICHAELEEN BOHAN. and
JANE HART MARTER
Plaintiffs/Petitioners.
CASE NO. CA-M-02-108
v.
THE BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. MONROE COUNTY,
a political subdivision of the State of Florida,
HAWKS CAY INVESTORS, LTD., a Florida limited
partnership. and HAWK'S CAY DEVELOPERS, LTD.,
a Florida lilnited partnership,
DefendantsIRespondents.
I
MONROE COUNTY'S ANSWE~ DEFENSES AND
REQUEST FOR DENIAL OF ALTERNATIVE WRIT OF CERTIORARI
DefendantslRespondents THE BOARD OF COUNTY COMMISSIONERS OF