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K. Growth Management BOARD OF COUNTY COMMISSIONERS AGENDAITEMSU~Y Meeting Date: 11/14/07 Division: Growth Mana2ement Bulk Item: Yes -L No - Department: Building Staff Contact Person: Joseph M. Paskalik, Sr. Director/Building Official AGENDA ITEM WORDING: Approval of Second Amendment to Interlocal Agreement to extend through September 30, 2010 the Interloca1 Agreement entered into Sepember 18, 2002 between the BOCC and the City of Marathon for the County to provide to the City, contractor licensing and disciplinary services through the Monroe County Contractor Examining Board d ITEM BACKGROUND: The BOCC and the City of Marathon entered into an Interloca1 Agreement on September 18, 2002 for the County to provide to the City contractor licensing and disciplinary services through the Monroe County Contractors Examining Board, for a two year term and allowed for the Agreement to be extended. PREVIOUS RELEVANT BOCC ACTION: The Agreement was amended by the parties on May 18, 2005 extending the term for the period beginning October 11,2004 through September 30, 2007. CONTRACT/AGREEMENT CHANGES: The Agreement shall be extended for the period beginning October 1,2007 through September 30, 2010. STAFF RECOMMENDATIONS: Staff recommends approval of the second amendment to extend the Agreement through September 30,2010. TOTAL COST: N/A BUDGETED: Yes - No - COST TO COUNTY: N/A SOURCE OF FUNDS: REVENUE PRODUCING: Yes - NoX AMOUNT PER MONTH N/A Year - APPROVED BY: County Atty ---X- OMBlPurchasing _ Risk Management _ DOCUMENTATION: Included Yes Not Required_ DISPOSITION: AGENDA ITEM # Revised 8/06 SECOND AMENDMENT TO INTERLOCAL AGREEMENT TIDS SECOND AMENDMENT TO INTERLOCAL AGREEMENT ("Agreement") is made and entered into this day of , 2007, between the Board of County Commissioners of Monroe County, Florida ("County") and the City of Marathon, Florida, ("City"). WHEREAS, the parties entered into an Interloca1 Agreement on September 18, 2002, with an effective date of October 11, 2002, for the County to provide to City contractor licensing and disciplinary services through the Monroe County Contractors Examining Board; and WHEREAS, the Interloca1 Agreement had a two year term and allowed for the Agreement to be extended upon such terms as the parties may agree; and WHEREAS, the Agreement was amended by the parties on May 18, 2005 extending the term for the period beginning October 11,2004 through September 30, 2007; and WHEREAS, it is deemed in the public interest to continue the Agreement beyond its natural termination date; NOW THEREFORE, IN CONSIDERATION of the mutual covenants contained herein, the parties agree to the Second Amendment to the Interlocal Agreement as follows: 1. The Interloca1 Agreement shall be extended for the period beginning October 1, 2007 through September 30,2010. 2. Notices under paragraph 8.1 shall be provided to the current County Administrator, City Manager and attorneys for the parties. 3. The remaining provisions of the specified Interlocal Agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. (SEAL) A TrEST: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor Mario DiGennaro (SEAL) ATrEST: CLERK, CITY OF MARATHON CITY OF MARATHON, FLORIDA By: By: Deputy Clerk Mayor ~ Sponsored by: Puto CITY OF MARATHON, FLORIDA RESOLUTION 2007-143 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, APPROVING AN AMENDMENT TO THE INTERLOCAL AGREEMENT WITH MONROE COUNTY, FLORIDA REGARDING CONTRACTOR LICENSING AND DISCIPLINARY SERVICES; AUTHORIZING THE MA YOR TO EXECUTE THE AGREEMENT; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Marathon (the "City") and Monroe County (the "County") entered into an lnterlocal Agreement on September 18,2002, with an effective date of October 11,2002, for the County to provide to the City contractor licensing and disciplinary services through the Monroe County Contractors Examining Board; and WHEREAS, the lnterlocal Agreement had a two year term and allowed for the Agreement to be extended upon such terms as the parties may agree; and WHEREAS, the Agreement was amended by the parties on May 18, 2005 extending the term for the period beginning October 11,2004 through September 30,2007; and WHEREAS, it is deemed in the public interest to continue the Agreement beyond its natural termination date; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARATHON, FLORIDA, THAT: Section 1. The above recitals are true and correct and incorporated herein by this reference. Section 2. The Amendment Between the City and County for the provision of contractor licensing and disciplinary services to the City through the Monroe County Contractor Licensing Board, a copy of which is attached as Exhibit "A," together with such non-material changes as may be acceptable to the City Manager and approved as to form and legality by the City Attorney, is approved. The Mayor is authorized to sign the Amended Agreement. Section 3. This resolution shall take effect immediately upon its adoption. . . PASSED AND APPROVED by the City Council of the city of Marathon, Florida, this 9th day of October, 2007 THE CITY OF MARATHON, FLORIDA ~~ rist er M. Bull, Mayor AYES: Cinque, Tempest, Vasil, Worthington, Bull NOES: None ABSENT: None ABSTAIN: None ATTEST: " dJtQ, f({ - Cf.au{ iZ Diane Clavier, City Clerk (City Seal) APPROVED AS TO FORM AND LEGALITY FOR THE USE AND RELIANCE OF THE CITY OF MARATHON, FLORIDA ONLY: C' t 7 A-~ lty Attorney 2 oDS" -OY? AMENDMENT TO AGREEMENT ~~DENDUM to In\eflocal Agreement is made and entered Into this J lJrK day of 2005, between the Board of County Commissioners, Monroe County, Florida (he nafter referred to as County) and the City of Marathon (hereinafter referred to as City). WHEREAS, there was an Interlocal Agreement entered into on September 18, 2002, between the parties, with an effective date of October 11, 2002, for the County to provide to City contractor licensing and disciplinary services through the Monroe County Contractors Examining Board; and WHEREAS, said agreement had a two year term; and WHEREAS, the agreement allows for the agreement to be extended upon such terms as the parties may agree; and WHEREAS, it is deemed in the pUblic interest to continue said agreement from its natural termination date; NOW, THEREFORE, in consideration of the mutual covenants contained herein the parties agree to the amended agreement as follows: 1. The Interlocal Agreement executed by the County on September 18, 2002, and by the City on October 11, 2002, shall be extended for the period from October 11, 2004, through September 30, 2007. 2. The remaining provisions of the specified Interlocal Agreement, not inconsistent herewith, shatt remain in full force and effect. IN WITNESS WHEREOF, the parties have set their hands and seal on the day and year first above written. ~. ?tj -; It' , By. ~..: I, ~ ~ .. dL"~-I"~""~,!' ..: I/-?' <-_-:~ '-;-;D ",. 0 ~.~/ "Cj"~ _.' :r c => -" I ~ 1-- " '" ' 0 :.n f 'fi' I(~. '. 1: " %;t. .. ~ 1'(...... !': :0 -. % I. j - '~ ~~... .-" r op;:. JlIo ,'} .: ., _ ...,., y. . ..' i- "';;:ll;-< -< '- ~"~\,". "~~_ t ~ L. KOLHAGE, CLERK BOARD OF COUNTY g~: ~ ;~ <:::'~',:':':;'._</ COMMISSIONERS OF ~?'8 -0 ;J) """"c'+-- ~ MONROE CO'>;;' FLORI~5; '" ;;:: U---L LA ~ ~~ N 0 ~# . v t~,Ji ii: ~ Depdiy Clerk MONROE G\~\Ji'4TY ORNEY Mayor/Chairman ROVED F I City of Marathon's Original INTERLOCAL AGREEMENT This Interlocal Agreement (the "Agreement") entered into by and between the City of Marathon, a municipal corporation of the State of Florida, whose address is 10045-55 Overseas Highway, Marathon, Florida, (the "City"); and Monroe County, Florida, a political subdivision of the State of Florida, whose address is Public Service Building, 5100 College Road, Key West, Florida (the "County"). WITNESSETH: WHEREAS, the City was created by Chapter 99-427. Laws of Florida, which approved the creation of the City of Marathon effective November 30, 1999; and WHEREAS, Chapter 99-427 provides that as of November 30, 1999, all municipal powers and duties within the City's boundaries shall be vested in the City Council until such time as the City Council delegates all or a portion thereof to another entity; and WHEREAS, both the City and the County are interested in insuring continuity in the provision of contractor licensing and disciplinary functions within the City's corporate limits; and WHEREAS, the City desires to utilize the services of the County to provide contractor licensing and disciplinary functions as specifically set forth in this Agreement. NOW THEREFORE, in consideration of the mutual consideration and promises set forth below, the parties agree as follows: 1. Authority to Enter Into Aereement 1.1 This Agreement is entered into pursuant to Section 163.01, Florida Statutes. 2. Dermitions 2.1 For the purpose of this Agreement, all definitions are the same as those contained in Article II of Chapter 6 of the City Code.] The current Article , II of Chapter 6 of the City Code contains the same provisions as did Article ill of Chapter 6 of the County Code as of November 30, 1999. 3. Transfer of Powers Relatin2 to Contractor Licensinf:! 3.1 The County shall, through its Contractors Examining Board, have and exercise all of the powers and duties granted to it in Chapter 6 of the City Code.2 The powers and duties under this agreement shall be performed by the Contractors Examining Board as required and pursuant to Chapter 6 of the City Code. 3.2 The County shall, through its Contractors Examining Board, accept, review and process, as appropriate, applications for contractor licenses and renewal of licenses for contractors who wish to engage in business in the City and issue or deny County certificates of competency for contractors including, but not limited to masters, journeymen, maintenance personnel and apprentices, including temporary, reciprocal and honorary certificates. I I The City amended Chapter 6 of the Code by Ordinance 02-07-11, which renumbered the article on Contractor Licensing and Discipline but did not change its substance. 21 Pursuant to Ordinance No. 01-01-01 of the City of Marathon, Florida, the City adopted the applicable provisions of the Monroe County Code, as it existed on the effective date of tile City's incorporation, as the City Code. 2 . . , f' , 3.3 The County shalJ authorize examinations and review results thereof, determine equivalency of examinations, and issue or deny, as appropriate, certificates of competency. 3.4 All of the foregoing functions shall be performed in accordance with County ordinances, roles, and regulations. Nothing in this agreement prohibits the City from requiring occupational licenses ofthose contractors who have a place of business in the City. 3.5 The County shall comply with the record making and record keeping requirements of Chapter 6 of the City Code. 3.6 The City and County agree that the County will collect all contractor licensing fees for applications, examinations, certification and renewal, record keeping and record making, as established by the City Code or applicable City resolutions. These fees, plus any other applicable fees collected by any other County department during the term of this Agreement for the provision of specified services listed herein, shall be retained by the County as full compensation for services rendered to the City pursuant to this Agreement. 4. Transfer of Powers ReJatine: to Contractor Discioline 4.1 The County shall, through the Contractors Examining Board conduct all disciplinary actions and hearings including, but not limited to, administrative suspensions, the imposition of administrative fines, the issuance of letters of reprimand, the ordering of suspensions, the 3 . - . r I I revocation of licenses~ investigations, and the appointment of special investigators, and shall adopt guidelines for the imposition of penalties. 4.2 Whenever possible, the County shall recover the costs for the services provided under this section from the contractors who are disciplined, through its power to fine or assess costs against the contractor. If the amount of the fine or costs exceeds the cost to the County, said excess shall be credited to the City. If the cost of enforcement exceeds the fine or fee~ or no fee is recovered, the City shall be charged and shall pay the difference. Services rendered by the Contractors Examining Board to the City pursuant to this Agreement shall be governed by this agreement only with respect to contractor conduct within the City. 4.3 All of the foregoing functions shall be conducted pursuant to the City Code, and all discipline will be issued in the name of the City. 4.4 The County shall comply with the record making and record keeping requirements of Chapter 6 of the City Code. 4.5 The County Contractor Examining Board shall have complete authority to interpret Chapter 6 of the City Code as it relates to contractor licensing and discipline. Any administrative appeal of any decision or interpretation of Chapter 6 of the City Code made by the County staff, shall be heard by the Contractor Examining Board in accordance with the applicable provisions of the City Code. All appeals of any decision of the Contractor Examining Board shall be processed and heard in accordance with the procedures set forth in Chapter 6 of the City Code. 4 4.6 If the County chooses to voluntarily waive a fine or not recover its costs, the City shall not be required to reimburse the County. Services rendered by the Contractors Examining Board to the City pursuant to this Agreement shall be governed by this agreement only with respect to contractor conduct within the City. 5. Activitv Reports 5.1 The County will provide the City with a bi-monthly activity report of all services provided to the City pursuant to this Agreement. The County will also provide to the City upon demand an activity report of all services rendered to the City pursuant to this agreement. 6. Invoices 6.1 The County shall submit invoices for reimbursement on a quarterly basis for review and approval by the City Manager or design~e. The County must submit the invoice to the City within three (3) weeks after the end of the quarter. The invoices shall only apply to expenses related to the services provided under this agreement. The invoices shall include sufficient detail for the City Manager or designee to determine whether the invoice is related to the services provided under this agreement. If the City Manager or designee detennines that the invoices are not specific enough, the County shall provide additional information to allow the City Manger or designee to make the determination. The City shall pay the County in 5 .. - .. r accordance with Sections 218.70 through 218.79, Florida Statutes, (the "Florida Prompt Payment Act"). 6 . . T r 7. Termination 7.1 This Agreement shall have a term of two (2) years from the date last party executes this agreement through the signature of its Mayor (the "Termination Date"), unless earlier terminated or extended in accordance with paragraphs 7.2 or 7.3 below. 7.2 City or County may terminate this Agreement in whole or part prior to the Termination Date by giving the other party thirty (30) days written notice of such termination. Upon receipt of such notice, the parties shall immediately meet to negotiate and finalize the terms and conditions of the smooth transfer of the licensing functions, records, and appropriate fees. 7.3 Should the City wish to continue to utilize the County's contractor licensing services, in whole or in part, after the Termination Date, the City will notifY the County in writing of its intention as soon as practical, but no later than thirty (30) days before the Termination Date. Upon receipt of such notice, the parties shall immediately meet to negotiate and finalize the terms and conditions of such extension. 7.4 Any terms or conditions of this Agreement or any subsequent extension or amendment to this Agreement that require acts beyond the date of the term of the Agreement, shan survive the termination of this Agreement. shall remain in full force and effect unless and until the terms or conditions are completed, and shall be fully enforceable by either party. 7 . . . r 8. Notices 8.1 All notices hereWlder must be in writing and shall be deemed validly given if hand delivered; sent by certified mail, return receipt requested, or overnight delivery addressed as follows (or any other address that the party to be notified may have designated to the sender by proper notice): The County: Mr. James Roberts County Administrator Monroe County Public Service Building, Wing n 5100 College Road, Stock Island Key West, Florida 33040 A copy to: County Attorney P.O. Box 1026 Key West, Florida 33041-1026 City: Craig Wmthell City Manager City of Marathon 10045-55 Overseas Highway Marathon, Florida 33050 A copy to: Nina L. Boniske, Esq. John R. Herin, Jr., Esq. City Attorney City of Marathon Weiss, Serota, Helfinan, Pastoriza & Guedes, P.A. 2665 South Bayshore Drive, Suite 420 Miami, Florida 33133 8.2 Unless otherwise required by law, any notice sent hereunder shall (subject to proof of receipt or refusal of same) be deemed to have been delivered on the same day if hand-delivered, on the next business day if sent by overnight courier, or on the day of receipt or refusal, if sent by certified or registered mail. 8 . . r r 9. Amendments This Agreement may be modified only by an agreement in writing authorized by the City Council of the City of Marathon and the Board of County Commissioners of Monroe County. 10. Indemnification To the extent allowed by law, each party hereto shall indemnify and save the other harmless from any and all claims, liability, losses, and causes of action which may arise out of the other's actions in fulfillment of this Agreement. 11. Law This Agreement shall be construed in accordance with the laws of the State of Florida. The venue for any lawsuit arising out of this Agreement shall be Middle Keys Division, Monroe County, Florida. 12. Severabilitv Should any provision, paragraph, sentence, word, or phrase contained in this Agreement be detennined by a court of competent jurisdiction to be invalid, illegal, or otherwise unenforceable under the laws of the State of Florida, such provision, paragraph, sentence, word, or phrase shall be deemed modified to the extent necessary in order to conform with such laws, then shall be deemed severable, and in this Agreement, shall remain unmodified and in full force and effect. 13. Remedies 9 . - . r 13.1 If and when any default of this Agreement occurs, the non-defaulting party may avail itself of any legal or equitable remedies that may apply, including, but not limited to, actual damages and specific perfonnance. 13.2 Such remedies may be exercised in the sole discretion of the non- defaulting party. 13.3 Nothing contained in this Agreement shall limit either party from pursuing any legal or equitable remedies that may apply. 14. Non-Waiver I 14.'1 No waiver by the City or the County of any provision hereof shall be deemed to have been made unless expressed in writing and signed by such party. 14.2 No delay or omission in the exercise of any right or remedy accruing to the City or County upon any breach under this Agreement shall impair such right to remedy or be constmed as a waiver of any such brC!iCh. 14.3 No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement shall constitute a waiver of any subsequent breach of such covenant or condition, or justify or authorize the " nonobseIVance on any other occasion of the same or of any other covenant or condition of this Agreement REMAINDER OF PAGE INTENTIONALLY LEFT BLANK 10 -- . - - IN WITNESS WHEREOF the parties have caused this Agreement to be executed on their behalf as to the date first above written. ATTEST: DANNY L. KOLHAGE, BOARD OF COUNTY COMMISSIONERS CLERK OF MONROE COUNTY. FLORIDA, a political subdivision of the State of Florida ., ~ ." '. , By: , Mayor ",.;. r--._ (SEAL) DATE: /~ /1 LOoZ. . APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ~ APPROVED AS TO FORM :;0 ~UFFICJENCY. SUZANlh A~ON Attorney OATE ~ ~~ 2.-_. ATTEST: CITY OF MARAlHON, FLORIDA, a municipal corporation of the State of Florida ~ 0& l-'-'--~ l/ 5('" (<"~'-- City Clerk APPROVED AS TO FORM DATE: o c.fobe;- II. c:2" 0:'-2- , AND LEGAL SUFFICIENCY: --"" -) " By: '-11\ -J ___7 ~ City Attorney 11 . - . r BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Growth Management Bulk Item: Yes -X- No - Department: Planning & Environmental Resources Staff Contact: Richard Jones, 289-2805 AGENDA ITEM WORDING: Approval of an Interlocal Agreement (ILA) between Monroe County and the City of Marathon to facilitate construction and upgrades to the MM54 boat ramp ITEM BACKGROUND: The City of Marathon is seeking transfer of ownership of the MM54 boat ramp from the Florida DOT and would like funding assistance from the County for construction and upgrades at the facility. The construction will take place in phases, with the County reimbursing the City once a year for three years as construction elements are completed. Ramp construction in the fIrst year will allow the facility to become operational. PREVIOUS RELEVANT BOCC ACTION: July 2003- Board approval of a Joint Participation Agreement with DOT for design, engineering and construction ofthe MM54 boat ramp. CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS: Approval TOTAL COST: $375,000 BUDGETED: Yes ---X- No - COST TO COUNTY: $375,000 SOURCE OF FUNDS: BIF fund 157 REVENUE PRODUCING: Yes - No-X AMOUNT PER MONTH Year - - APPROVED BY: County Atty ---X- OMBlPurchasing -L Risk Management -----X DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: City of Marathon Contract #_ Effective Date: 11/14/2007 Expiration Date: 11/3012010 Contract PurposelDescription: Inter-Local Agreement- with the City of Marathon (City) reimbursing the City for construction costs at the MM54 boat ramp not to exceed $375,000. The funding will be provided annually for three years: Year 1- up to $150,000; Year 2- up to $125,000; Year 3- up to $100,000 Contract Manager: Richard Jones 2805 Planning & Env. Resources/II (Name) (Ext.) (Department/Stop #) for BOCC meeting on 11/14/07 Agenda Deadline: 10/30/07 CONTRACT COSTS Total Dollar Value of Contract: $ 375,000 Current Year Portion: $ 150,000 Budgeted? Yes[2J No 0 Account Codes: 157-62520-530340-_-_ Grant: $ _-_-_-_-_ County Match: $ _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed ~ :ii:~S::::;~~t [t5dJ261 :::~::~ . . ~ ,:6;::; olhjPur~aSing */1>7 YesO Nol2I ~, ~ 10 (' "- County Attorney rC)0yc7 YesO NoB! vtfIr" ]1''''''' .....a'l wi Comments: __U"'___ . . mTERLOCALAGREEMENT THIS INTERLOCAL AGREEMENT ("Agreement") is entered into this day of , 2007 between Monroe County, a political subdivision of the State of Florida ("County") and the City of Marathon, a municipal corporation organized and existing under the laws of the State of Florida ("City"). WITNESSETH: WHEREAS, Chapter 163, Florida Statutes, known as the "Florida Interlocal Cooperation Act of 1969" ("Act"), specifically provides that its purpose is to permit local governmental units to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby to provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographic, economic, population, and other factors influencing the needs and development of the local community. (Sec. 163.01(2), F.S.); and WHEREAS, County and City, pursuant to this Act, desire to enter into this lnterlocal Agreement (lithe Agreement") for the purposes, and upon the terms and conditions, described below, believing that this Agreement will allow each agency to make more efficient use of facilities, personnel, and services necessary to, common to, or available to each agency; and WHEREAS, the County and City desire to enter into a joint participation agreement to rebuild the MM54 boat ramp; and WHEREAS, the County is assisting in the coordination of the transfer of ownership of the MM54 Boat Ramp from the State of Florida to the City; and WHEREAS, the County will provide funding to reimburse the City for construction costs for rebuilding and upgrading the MM54 Boat Ramp in a total amount not to exceed $375,000.00 over a period of three years; and WHEREAS, this Agreement will benefit and be in the best interests of the citizens of both City and County; NOW THEREFORE, in consideration of the mutual promises and covenants herein contained, it is agreed between County and City as follows: Section 1. Services. The City agrees to apply for transfer of ownership of the MM54 boat ramp property located within the City of Marathon from the State Department of Transportation and subsequently assume all maintenance costs and responsibilities for the launching facility. In the event ownership is transferred to the City, the City agrees to rebuild and upgrade the MM54 boat ramp in a phased approach beginning with the reconstruction of the boat ramp surface in the first year rendering the facility operational, and rebuild and upgrade bulkheads, parking and other amenities as necessary in the two following years (the "Construction"). The City may invoice the County for reimbursement of Construction costs no more frequently than once per year for three consecutive years. In the event City does not obtain ownership of the boat ramp, City has no obligations under this Agreement. City may avail itself of the funds provided under this Agreement as long as such funds are allocated by County, and contingent upon such funding. City shall coordinate its improvement plans with County to assure that expenses are those which may be reimbursed. Section 2. Payment. The County agrees to reimburse the City for Construction costs as follows: 2.1 Year 1 - not to exceed $150,000.00 Year 2 - not to exceed $125,000.00 Year 3 - not to exceed $100,000.00 2.2 To receive payment, the City on an annual basis shall submit an invoice to the Administrator of the County's Marine Resources Office ("Administrator"). The invoice must describe the services performed, together with proof that payment has been made to the City's contractor(s). Compensation in anyone year shall not exceed the amount allocated annually. 2.3 If the invoice is satisfactory to the Administrator, he/she shall forward the invoice to the County Clerk for payment. If the Administrator or County Clerk determines that an invoice contains an error or omission, then within thirty (30) days of receipt of the invoice, the Administrator or County Clerk (as appropriate) shall return the invoice to the City with a written explanation of the error or omission. If the invoice contains no error or omission, then the County shall pay the City within thirty (30) days of the Clerk's receipt of the invoice. If the invoice is returned for correction, then the payment must be made within thirty (30) days of the date the County official who requested the correction receives the corrected InVOIce. 2.4 The maximum amount the County is obligated to reimburse the City under this Interlocal Agreement is $375,000.00. 2.5 The parties recognize that the City will enter into contractual operations with third parties in order to perform the services required by this Agreement and that the County shall be the funding source for a significant portion of the City's cost of facility construction. Accordingly, the County Clerk shall timely process all invoices received from the City as provided hereinabove. 2.6 This Agreement is contingent upon an annual appropriation by the Monroe County Board of County Commissioners. The City's obligation to rebuild and upgrade the MM54 boat ramp shall be contingent on the Monroe County Board of County Commissioners appropriating the full amount of the reimbursement in each year. Section 3. Term and Renewal. 3.1 This Agreement shall become effective upon execution by both parties and shall remain in effect through November 30, 2010 ("Term"), unless earlier terminated in accordance with Section 5 herein. 3.2 Unless the County notifies the City in writing of its intent to terminate this Agreement within sixty (60) days of the expiration date, this Agreement shall remain in effect. However, in no event shall the Term exceed the term of the agreement between the City and its vendors/subcontractors performing the Construction contemplated under this Agreement. 3.3 If such Notice of Termination as specified in Section 5 is given, this Agreement shall terminate and the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that expressly survive termination. 3.4 The defmition of "Term" shall include all renewal terms hereof Section 4. Subcontracts. 4.1 In providing the Construction contemplated by this Agreement, the parties recognize that the City may subcontract with third parties to provide the actual Construction. 4.2 Any third party contracts entered into between the City and any third party vendor shall not create any privity between the County and the third party, nor shall any third party vendor be considered a third party beneficiary of the rights of the City under this Agreement. 4.3 The City shall be responsible for any violations of applicable state, federal, County or City laws, rules or regulations made by the City's vendor(s) in performing any services contemplated in this Agreement. 4.4 Any contracts with any subcontractors entered into by the City shall include provisions for indemnification of City and County, as well as insurance and customer service standards matching those provisions in this Agreement and as provided in this Agreement. Section 5. Termination and Default. 5.1 In the event of any failure of compliance by either party hereto with any of its material obligations to the other party as provided for herein such action shall constitute a default under this Agreement. 5.2 Upon any such default, the non-defaulting party shall provide to the defaulting party a written Notice of such default, which Notice (a "Default Notice") shall state in reasonable detail the actions the defaulting party must take to cure the same. 5.3 The defaulting party shall cure any such default, within 30 days following the date of the Default Notice. 5.4 Notwithstanding the provisions of this Section, if any such default by the defaulting party remains uncured at the conclusion of any specified 30 day cure period, and if the nature of the defaulting party's obligations are such that more than thirty (30) days is required to effect cure, then the defaulting party shall not be in default hereunder and the non-defaulting party shall not have the right to exercise its termination rights granted herein as a result of any such default, if the defaulting party commences cure within the applicable cure period and thereafter diligently pursues cure to completion of performance. 5.5 In the event the defaulting party fails to effect any required cure as provided for herein, the defaulting party shall be deemed to be in uncured default hereunder, and the non-defaulting party shall have the right, but shall not be obligated, upon written Notice to the defaulting party, to terminate this Agreement. 5.6 If such Notice is given, this Agreement shall terminate on the date set forth in the Notice and the parties shall be relieved of all rights and obligations hereunder, except for any rights and obligations that expressly survive termination. Section 6. Indemnification. 6.1 To the extent permitted by law and subject to the provisions and monetary limitations of Section 768.28, Florida Statutes, the City does hereby agree to defend, indemnify and hold the County, its officers, agents, and employees, harmless from and against any and all liability, damages, costs or expenses (including reasonable attorneys' fees, costs, and expenses at both the trial and appellate levels) arising from the acts or omissions of the City or any third party vendor contracted by the City in connection with this Agreement. This provision shall survive the termination or earlier expiration of this Agreement. Section 7. Notices. 7.1 All notices, requests, demands, elections, consents, approvals and other communications hereunder must be in writing (each such, a "Notice") and addressed as follows (or to any other address which either party may designate by Notice): If to County: Tom Willi County Administrator Monroe County Gato Building 1100 Simonton Street Key West, Florida 33040 With a copy to: Suzanne Hutton, Esq. County Attorney Professional Building 1111 12th Street, Suite 408 Key West, Florida 33040 If to City: Mike Puto City Manager City of Marathon 10045-55 Overseas Highway Marathon, Florida 33050 With a copy to: Jimmy Morales, Esq. City Attorney Stearns Weaver Miller Weissler Alhadetf and Sitterson, P.A. 150 West Flagler Street, Suite 2200 Miami, Florida 33130 Any Notice required by this Agreement to be given or made within a specified period of time, or on or before a date certain, shall be deemed to have been duly given if sent by certified mail, return receipt requested, postage and fees prepaid; hand delivered; or sent by overnight delivery service with signed receipt. Section 8. Insurance. 8.1 The City and County agree to insure or self insure their respective interests in connection with personal injury, death and personal property damage to the extent each deems necessary or appropriate. 8.2 The City shall require any contractor and subcontractor performing the Construction contemplated in this Agreement to maintain throughout the duration of this Agreement the following insurance: 8.2.1 Commercial general liability in the amount of $ 1,000,000 per occurrence for bodily injury and property damage. This policy must include coverage for contractual liability and specifically cover the indemnity set forth in this Agreement. The City must be named as an additional insured on this policy. 8.2.2 Automobile and marine liability in the amount of $1,000,000 per occurrence for bodily injury and property damage, covering all vehicles owned, leased or used by the contractor/s within the limits of the County. The City must be named as an additional insured on this policy. 8.2.3 Workers compensation and employer's liability, as required by Florida Statutes. 8.2.4 All companies providing insurance shall be authorized to do business in the State of Florida and rated A-:VI or better by Best's Key Rating Guild, latest edition. 8.2.5 No change or cancellation of this insurance shall be made without 30 days prior written notice to the City. 8.3 The City shall require any subcontractor to name the County as an additional insured on any policies. Section 9. Re2ulatorv Powers. 9.1 Nothing contained herein shall be construed as waiving either party's regulatory approval or enforcement rights or obligations as it may relate to regulations of general applicability which may govern the Agreement. 9.2 Nothing herein shall be deemed to create an affirmative duty of either party to abrogate its sovereign right to exercise its police powers and governmental powers by approving or disapproving or taking any other action in accordance with ordinances, rules and regulations, federal laws and regulations and state laws and regulations. Section 10. Attornevs Fees and Waiver of Jurv Trial. 10.1 In the event of any litigation arising out of this Agreement, the prevailing party shall be entitled to recover its attorneys' fees and costs, including the fees and expenses of any paralegals, law clerks and legal assistants, and including fees and expenses charged for representation at both the trial and appellate levels. 10.2 In the event of any litigation arising out of this Agreement, each party hereby knowingly, irrevocably, voluntarily and intentionally waives its right to trial by JUry. Section 11. Governin2 Law. 11.1 This Agreement shall be construed in accordance with and governed by the laws of the State of Florida. Exclusive venue for any litigation or mediation arising out of this Agreement shall be in Monroe County, Florida, and subject to the rules of the 16th Judicial Circuit. This Agreement is not subject to arbitration. Section 12. Entire A2reementIModificationl Amendment. 12.1 This writing contains the entire Agreement of the parties and supercedes any prior oral or written representations. No representations were made or relied upon by either party, other than those that are expressly set forth herein. 12.2 No agent, employee, or other representative of either party is empowered to modify or amend the terms of this Agreement, unless executed with the same formality as this document. Section 13. Access to Records and Audits. 13.1 The County Administrator or his designee shall, during the term of this Agreement and for a period of four (4) years from the date of termination of this Agreement, have access to and the right to examine and audit any Records of the City or its subcontractors involving transactions related to this Agreement. 13.2 The County may cancel this Agreement for refusal by the City, or the City's subcontractor, to allow access by the County Administrator or his designee to any Records pertaining to work performed under this Agreement that are subject to the provisions of Chapter 119, Florida Statutes. 13.3 The term "Records" shall refer to any documents, books, data (electronic or hard copy), papers and financial records that result from the City or its subcontractors performance of the services provided in this Agreement. 13.4 If the inspection or audit discloses that County funds paid to the City under this Agreement were used for a purpose not authorized by this agreement, then the City must refund the funds improperly spent with interest calculated pursuant to Section 55.03, Florida Statutes, with interest running from the date the County paid the improperly spent funds to the City. This paragraph will survive the termination of this Agreement. Section 14. N onassismability. 14.1 This Agreement shall not be assignable by either party unless such assignment is first approved by both parties. 14.2 The provisions of this Section shall not prohibit the City from utilizing the services of contractors or subcontractors to perform the Services contemplated in this Agreement, as long as the City follows its purchasing policies for such procurement. Section 15. Severability . 15.1 If any term or provision of this Agreement shall to any extent be held invalid or unenforceable, the remainder of this Agreement shall not be affected thereby, and each remaining term and provision of this Agreement shall be valid and be enforceable to the fullest extent permitted by law. Section 16. Independent Contractor. 16.1 The City and its employees, volunteers, agents, vendors and subcontractors shall be and remain independent contractor and not agents or employees of the County with respect to all of the acts and services performed by and under the terms of this Agreement. This Agreement shall not in any way be construed to create a partnership, association or any other kind of joint undertaking, enterprise or venture between the parties. Section 17. Waiver. 17.1 The failure of either party to this Agreement to object to or to take affirmative action with respect to any conduct of the other which is in violation of the terms of this Agreement shall not be construed as a waiver of the violation or breach, or of any future violation, breach or wrongful conduct. Section 18. Fundin2. 18.1 The parties agree that the County's responsibility under this Agreement is to provide funding only. Accordingly, all subcontractors providing the Construction are in privity with the City only and may not seek direct payment from the County, and that the County has no duty, liability or other obligation to such persons. The City agrees to include a sentence similar to the foregoing in all contracts entered into by the City for the Project. Section 19. Applicable Laws. 19.1 In awarding contracts for the Construction, the City agrees to abide by all applicable City ordinances and state and federal laws. Section 20. Survival of Provisions. 20.1 Any terms or conditions of either this Agreement that require acts beyond the date of the term of the Agreement, shall survive termination of the Agreement, shall remain in full force and effect unless and until the terms or conditions are completed and shall be fully enforceable by either party. Section 21. Countemarts. 21.1 This Agreement may be executed in several counterparts, each of which shall be deemed an original and such counterparts shall constitute one and the same instrument. [THE REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK.] SIGNATURE PAGE TO FOLLOW _m_,_ . , . IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first written above. BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA BY: ~ayor/Chairperson (SEAL) ATTEST: D~L.KOLHAGE,CLERK BY: APPROVED AS TO FORM AND Deputy Clerk LEGAL SUFFICIENCY f /' ; n BY ':~;J;;~y /C' ;)1. e, THE CITY OF MARATHON, FLORIDA Chris Bull, ~ayor ATTEST: Diane Clavier City Clerk (City Seal) APPROVED AS TO FORM AND LEGALALITY FOR THE USE AND RELIANCE OF THE City OF MARATHON, FLORIDA ONLY: BY: City Attorney . .... BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14,2007 Division: Growth Management Bulk Item: Yes -1L No - Department: Planning & Environmental Resources Staff Contact: Richard Jones AGENDA ITEM WORDING: Approval of a Memorandum of Agreement between Monroe County and NOAA to facilitate cooperation and coordination for the funding and implementation of emergency response and marine salvage efforts within the Florida Keys National Marine Sanctuary. ITEM BACKGROUND: Monroe County responds to derelict vessel and marine debris issues on a routine basis as well as post- disaster. The Memorandum of Agreement will allow the County and NOAA to coordinate salvage efforts and expedite removal activities and provides for funding arrangements. PREVIOUS RELEVANT BOCC ACTION: N/A CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDATIONS: Approval TOTAL COST: $499,050 BUDGETED: Yes -1L No - COST TO COUNTY: N/ A SOURCE OF FUNDS: NOAA REVENUE PRODUCING: Yes - Nol AMOUNT PER MONTH - Year - APPROVED BY: County Atty ff OMB/Purchasing ~ Risk Management ----X DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM # ~ J\fO?\iROE COUr\TY BOARD OF COUNT''l COMMISSIONERS CONTRACT ServL\IAR Y Contract with: NOAA Contract #_ --'-'-~~'- EtTective Date: 11/14/2007 ----,--~~ Expiration Date: 09/30/2012 Contract Purpose,Description: Memorandum of Understanding- with NOAA for coordination on marine salvage and re~ponse ---- Contract Manager: Richard Jones 2805 Planning & Env. Resources/II (Name) (EXL) (Department/Stop #) for BOCC meeting on 11/14/07 Agenda Deadline: 10/02/07 CONTRACT COSTS Total Dollar Value of Contract: $ 499,050 Current Year Portion: $ 499,050 Budgeted? Yes[gJ No 0 Account Codes: 125-0459105-530340__-_ Grant: $ 499,050 _-_-_-_-_ County Match: $ _-_-_-_-_ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc) CONTRACT REVIEW Changes Date Out Date Cn Needed ~:si: Division Director _ YesD NoD Risk .\1anagqrncnl" IO:j)c) YesO NocY- " ". _I _ "". ~ / ~'\ ~~ - ,-. O.K'1.'B.lPurchasing _ YesD NoQ ~_....--____ County Attorney /# 7 Y esD No~ dkAk~ cn.) (; ..J..-.u ;1 Comments: a. .J,}1' ,/ (..'0..<.._.:...1 L.7 ,~ ~ 4.Cl') .~ ;tJC5 . / v ?- 0MB Form ReVised 2270 J .\-1ep #2 * ~ I> MEMORANDUM OF AGREEMENT PURSUANT TO THE NATIONAL MARINE SANCTUARIES ACT AMONG THE U.S. DEPARTMENT OF COMMERCE NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION NATIONAL OCEAN SERVICE NATIONAL MARINE SANCTUARY PROGRA.'\1 AND THE BOARD OF COUNTY COMMISSIONERS MONROE COUNTY, FLORIDA FOR THE PURPOSE OF COOPERATION ON MARINE SALVAGE AND RESPONSE NOS Agreement Code: MOA-2007-041I7S12 NOS Agreement Code: MOA-2007-04Ji7512 Board of County Commissioners/Monroe County, FL Agreement Code: I. PARTIES AND PURPOSE A. This Memorandum of Agreement (Agreement) is among the U.S. Department of Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), National Marine Sanctuary Program (NMSP), through the Florida Keys National Marine Sanctuary (FKNMS) and the Monroe County Board of County Commissioners, Monroe County, Florida (Monroe County). B. The purpose of this agreement is to establish a framework for cooperation and coordination between the Parties on emergency response and marine salvage within the Florida Keys National Marine Sanctuary (FKNMS) area. The intent is to provide rapid local support, through local marine salvage contractors currently under contract with Monroe County, to minimize potential injury to marine resources. II. BACKGROUND A. The FKNMS was established to protect the resources within the boundaries described in Appendix I to Subpart P of 15 C.F.R. Part 922, to educate and interpret for the public regarding the Florida Keys marine environment, and to manage such human uses of the Sanctuary consistent with the Florida Keys National Marine Sanctuary and Protection Act and the National Marine Sanctuaries Act Amendments (public Law 101-605 and 16 U.S.c. ~9 1431 et seq). The activities managed under these authorities include emergency response and salvage actions for any activities that have or may impact sanctuary resources. These laws provide legal authority to the United States to conduct emergency response and salvage to prevent or minimize destruction, loss of, or injury to, sanctuary resources, or to minimize the imminent risk of such destruction, loss, or injury. Nothing in these laws are intended to restrict activities that do not cause an adverse effect to the resources or property of the Sanctuary or that do not pose harm to users of the Sanctuary (Public Law 101-605 (H.R. 5909)). B. On behalf of Monroe County, the mission of the Marine Resources Office is to help protect, conserve, and restore the quality of the waters and marine resources of the Florida Keys consistent with the Monroe County 2010 Comprehensive Plan and provide for adequate and appropriate recreational and commercial use of the .Keys' marine environment using the best available data and technological support. 2 . NOS Agreement Code: MOA-2007-041/7512 Board of County CommissionersIMonroe County, FL Agreement Code: III. AUTHORITIES A. This Agreement is authorized under the National Marine Sanctuaries Act (NMSA), 16 U,S,c. gS 1431 et, seq, Specifically, Section 1 442(a) authorizes the Secretary to enter into cooperative agreements, contracts, or other agreements with, or make grants to, States, local governments, and regional agencies to carry out the purposes of the Act. In addition, Section 1442(e) authorizes the Secretary to enter into agreements with a State or other Federal agency to use their personnel, services, or facilities, on a reimbursable or non-reimbursable basis to carry out the purposes of the Act. The Department of Commerce has interpreted Section 1442(e) to authorize transfers to governmental subdivisions of States. B, The programmatic authority for NOSINMSP to enter into this Agreement is the NMSA, 16 U.S,C, 9 1431 et seq, which includes the following Purposes and Policies (16 U.S.C. 9 1431(b)(2), (3), and (7)): 1. to provide authority for comprehensive and coordinated conservation and management of these marine areas, and activities affecting them, in a manner which complements existing regulatory authorities; 2. to maintain the natural biological communities in the national marine sanctuaries, and to protect, and where appropriate, restore and enhance natural habitats, populations, and ecological processes; and 3. to develop and implement coordinated plans for the protection and management of these areas with appropriate Federal agencies, State and local governments, Native America tribes and organizations, international organizations, and other public and private interests concerned with the continuing health and resilience of these marine areas. IV. TERMS AND CONDITIONS A. NOSINMSP will: 1. Work with Monroe County and their respective contractors to address emergency response and salvage efforts that impact sanctuary resources, 2. Review response and salvage plans to address threats from marine debris, abandoned and derelict vessels and/or other potential marine resources impacts; 3 NOS Agreement Code: MOA-2007-041/7512 Board of County Commissioners/Monroe County, FL Agreement Code: 3. Work with Monroe County and other resource trustees to address emergency response and salvage efforts 011 a case-by-case basis, with every effort made to expedite activities to limit on-going injury to Sanctuary resources. 4. Negotiate and develop implementing work orders for emergency response and salvage operations. The decision on whether to fund an emergency response or salvage operation under this Agreement rests solely with NOSINMSP. B. Monroe County will: 1. Coordinate with NOS/NMSP on response and marine salvage operations; 2. Maintain contracts with appropriate sub-contractors in order to meet necessary emergency response time frames. Typical responses would include the recovery of small to medium sized vessels or debris that threaten Sanctuary resources, particularly for reef and patch reef areas. Large threats or impacts from vessels on the scale of 80 to 100 feet or larger may be handled by other means on a case-by-case basis as detennined by the two Parties; 3. Negotiate and develop implementing work orders for emergency response and salvage operations. By entering into this Agreement, Monroe County is under no obligation to initiate a salvage operation using its contractors. Before agreeing to undertake an emergency response or salvage operation, Monroe County will consider whether it has the appropriate or adequate material resources to complete the salvage job safely and whether it can provide maximum protection of threatened or impacted living marine resources during the salvage operation. Monroe County will initiate an emergency response or salvage operation upon receipt of sufficient funds from NOSINMSP. C. Emergency threats only to include: a. Removal of marine debris which threatens or has impacted sanctuary resources; b. Removal of immediate threats to safe navigation; and c. Removal of any vessel (80 to 100 feet or smaller) which threatens or has impacted sanctuary resources on a case-by-case basis. 4 NOS Agreement Code: MOA-2007-041/7512 Board of County ConunissionerslMonroe County, FL Agreement Code: _~___ V. FUNDING, PROGRAMMING, PAYMENT, AND REIMBURSEMENT ARRANGEMENTS A. Subject to the tenns and conditions of this Agreement, NOS/NMSP will provide funding to Monroe County on a case-by-case basis for the period beginning on the effective date of this Agreement and ending on September 30,2012. B. Funding for work orders created under this Agreement, will be drawn from the NOAA Damage Assessment and Restoration Revolving Fund (DARRF) established in 101 P.L. 515, Title I, 104 Stat. 2105 (1990). (codified at 33 U.S.c. app ~ 2706). Funds in the DARRF are available until expended. C. The need for emergency response and salvage operations cannot be predicted from year to year. Work orders will be developed on an as needed basis with the necessary requirements as listed in part D below. Work Order 1 is attached to this document. Funding of additional work rests solely with NOAA. All work orders under this Agreement are subject to the availability of funds. D. Emergency response and salvage operations under this Agreement will be set forth in work orders (WO). Individual WOs must include: 1. Applicable legal authorities; 2. A Scope of Work; 3. Fiscal and Accounting Data, including full CBS ACCS for charges (task code will be incident-specific), Appropriation Codes, type of funds and expiration dates, etc.; 4. A budget for activities to be undertaken. 5. A period of perfonnance that identifies a work order tennination date. No work order shall exceed the tenn of this Agreement as defined in Section IX. E. WOs must be approved by the NMSP Resource Protection Coordinator, the NMSP Deputy Director, and appropriate NOAA General Counsel Office (GC for Ocean Services or GC for Natural Resources). In addition, WOs will become effective only when signed by authorized officials from both Parties. 5 NOS Agreement Code: MOA-2007-041/7512 Board of County CommissionersIMonroe County, FL Agreement Code: ---- F. NOSINMSP will provide payment for work orders created under this Agreement upon receipt of an invoice from the Monroe County Marine Resources Division (MRD). If NOSINMSP disputes the amount of an invoice, it will contact Monroe County, MRD. If the dispute continues, the dispute will be handled under the dispute resolution clause provided in Section vrn. VI. CONTACTS A. The points of contact for activities under this Agreement are: FKNMS Monroe County David A Score Rich Jones Superintendent Senior Marine Planner Florida Keys National Marine Monroe County, Planning & Environmental Sanctuary Resources Department 33 East Quay Road 2798 Overseas Hwy. Key West, Florida 33040 Marathon, Florida 33050 305.809.4700 (P) 305.289.2805 (P) 305.293.5011 (1) 305.289.2536 (f) David.A.Score@noaa.gov Jones-Rich@MonroeCounty-FL.Goy B. The Parties agree that if there is a change regarding the information in this section, the party making the change will notify the other Party in writing of such change. VU. THIRD PARTY LIABILITY Monroe County shall hold NOSINMSP, its officers, employees, agents and contractors harmless for the acts and omissions of Monroe County, its officers, employees, agents and contractors, and shall maintain suitable Public Liability insurance or shall be self- insured, in amounts adequate to respond to any and all claims within the limitations of Florida Statutes section 768.28. 6 NOS Agreement Code: MOA-2007-041/7512 Board of County Commissioners/Monroe County, FL Agreement Code: __ VIII. DURATION OF AGREEMENT, AMENDMENTS, OR TERMINATION A. This Agreement will become effective when executed by both Parties and will expire on September 30,2012. B. The Agreement may be amended within its scope or renewed prior to the expiration date, through the written mutual consent of the Parties. C. The Agreement may be terminated by (1) written mutual consent; (2) one party's written notice six months in advance; or (3) completion of the Terms and ~ Conditions of the Agreement. D. The Parties will review this Agreement at least once every three years to determine whether it should be revised or terminated, or continued. IX. DISPUTE RESOLUTION This clause applies to any dispute related to this Agreement, work orders created under this Agreement and invoices for work orders. The Parties shall present their differences to each other in writing and then hold discussions to resolve their differences. If the Parties fail to resolve their differences within thirty (30) days, they may refer the matter to higher level of authority within their respective organizations. 7 NOS Agreement Code: MOA-2007-04117512 Board of County Commissioners/Monroe County, FL Agreement Code: X. APPROV ALS ACCEPTED AND APPROVED FOR THE ACCEPTED AND APPROVED FOR THE U.S. DEPARTMENT OF COMMERCE MONROE COUNTY, FLORIDA NATIONAL OCEANIC AND BOARD OF COUNTY COMMISSIONERS ATMOSPHERIC ADMINISTRATION NATIONAL OCEAN SERVIC~ BY: ~ ~BY: Mario Di Gennaro Mayor Monroe County, Florida DATE: BY: (SEAL) Daniel J. Basta Director National Marine Sanctuary Program Attest: DANNY 1. KOLHAGE, CLERK DATE: By: Deputy Clerk Date: 8 NOS Agreement Code: MOA-2007-041175 12 Board of County CommissionerslMonroe County, FL Agreement Code: WORK ORDER #1 UNDER NOS AGREEMENT 2007-041/7512 SALVAGEOFMVVLADYLUCK Background In November of2007, the Monroe County Board ofComnUssioners (Monroe County) and the National Oceanic and Atmospheric Administration (NOAA), National Ocean Service (NOS), National Marine Sanctuaries Program (NMSP) entered into an agreement that provides for cooperation and coordination on emergency response and marine salvage within the Florida Keys National Marine Sanctuary (FKNMS). Under this agreement (hereinafter "Response Agreement") NOS/NMSP may request assistance from Monroe County for emergency response and salvage operations necessary to address threats to the FKNMS resources and the FKNMS environment. If assistance is requested, and Monroe County agrees to provide assistance, the Parties must negotiate a work order that includes applicable legal authorities, fiscal information, a Scope of Work, a budget, and a period of performance that identifies a work order termination date. NOSINMSP requested Monroe County's assistance for the removal of the MVV Lady Luck, which is stranded on an islet in the FKNMS. Monroe County agreed to provide assistance with this salvage action through a local contractor. As required under the agreement, the Monroe County and NOS/NMSP developed this Work Order, or Work Order I, for the salvage operation. Legal Authority Work Order 1 is authorized under the National Marine Sanctuaries Act (NMSA), 16 U.S.C. ~ 1442(a) which authorizes the Secretary of Commerce to enter into cooperative agreements, contracts, or other agreements with, or make grants to, States, local governments, and regional agencies to carry out the purposes of the Act. In addition, Section 1442(e) authorizes the Secretary to enter into agreements with local governments to use their personnel, services, or facilities, on a reimbursable or non-reimbursable basis to carry out the purposes of the Act. The Department of Commerce has interpreted Section 1442(e) to authorize transfers to governmental subdivisions of States. 9 NOS Agreement Code: MOA-2007 -041/75] 2 Board of County ConunissionersiMonroe County, FL Agreement Code: Financial Information The total cost of the salvage operation described in this Work Order is $499,050. The following fiscal information applies to this Work Order. Monroe County EIN: 59-6000749 DUNS: 073876757 NOAA EINI: 52-0821608 DUNS2: 78-4769085 Funding source - NOAA DARRF, available until expended. CBS/ ACCS: 14/2008/ I CK3H06IPOO/l 0-04-0006-02-00-00-00 $349,050 and 14/2008/1 CK8EOIIPBRJl 0-04-0006-02-00-00-00 $150,000 Payment Method NOSINMSP will provide payment for this Work Order upon receipt of an invoice in the amount of$499,050 from the Marine Resources Division of Monroe County. Period of Performance This Work Order will commence when signed by both Parties and will terminate on October 31, 2008. Scope of Work On October 24,2005, the 77.9' steel hull casino boat, M/V Lady Luck, drifted aground atop a mangrove islet and settled approximately 1.5 km (0.9 mi) north of US Highway 1 in the Saddle Bunch Keys in the FKNMS. This grounding occurred with the passing of Hurricane Wilma as the lower Florida Keys experienced a storm surge of approximately 1.5 m (4.9 it) above Mean Lower Low Water. Monroe County, through its contractor DRC, Inc., will complete a salvage operation to remove the M/V Lady Luck. In conducting the salvage operation, DRC shall take appropriate steps to minimize additional resource injuries to FKNMS. DRC will perform the salvage operation under the Removal Operations Plan attached to this Work Order. This plan will be submitted to the Monroe County, Marine Resources Office, the NMSPlFlorida Keys National Marine Sanctuary, and the U.S. Cost Guard for approval. 1 Employer Identifier Number (Tax ID Number) 2 Dwm and Bradstreet's Data Universal Numbering System to NOS Agreement Code: MOA-2007-041/75J2 Board of County CommissionersIMonroe County, FL Agreement Code: APPROVALS ACCEPTED AND APPROVED FOR THE ACCEPTED AND APPROVED FOR THE U.S. DEPARTMENT OF COMMERCE MONROE COUNTY, FLORIDA NATIONAL OCEANIC AND BOARD OF COUNTY COMMISSIONERS ATMOSPHERIC ADMINISTRATION NA TIONAL OCEAN S BY: .~- BY: unrugan Mario Di Gennaro SSl t Administrator Mayor onal Ocean Service Monroe County, Florida DATE:~ DATE: BY: (SEAL) Daniel J. Basta Director National Marine Sanctuary Program Attest: DANNY 1. KOLHAGE, CLERK DATE: By: Deputy Clerk Date: MONROE COUNTY ATTORNEY _ APPROVED AS TO &:v::J ~~ k__~ '-;(1) . .d:dd. . NATlLEENE W. CASSEL ASSIST~ lOUI'~,;;V MTORNEY Date .2 / '{' '/ , / J 1 . - . . I : . . . . . . . . . . . .:- '" - -. -" .- -- - . . -....- -: 1..-. ~ 41 ~" . . . NOS Agreement Code: MOA-2007-041/75 12 Board of County CommissionerslMonroe County, FL Agreement Code: _M_~_______ REMOVAL PLAN General Removal Procedures Overview: DRe is very familiar with removing hurricane casualty vessels similar to Lady Luck. DRe has removed scores of large vessel from sensitive areas that were casualties of Hurricanes Wilma, Katrina and Rita. The technical plan for removal of the Lady Luck has been developed with environmental protection as the primary driving objective. We have looked at various removal techniques and have settled with a technical option that provides cost effective removal of the vessel while minimizing the environmental impact caused by the removal effort. Removal of the vessel in one piece by refloating would require pulling the vessel more than a mile across sensitive habitat to deep water. The scar left by pulling the vessel would be a significant swath, with unacceptable levels of impact and damage. The option we have chosen involves sectioning and removing the vessel using marsh buggies deployed from a shallow draft barge. The marsh buggy will be utilized to transport all waste, steel, and debris over a pre-designated route back to the floating barge. We have inspected the area around the Lady Luck, including possible approaches to the vessel. Technical Plan: Sectioning and Marsh Buggy Removal: Marsh buggy will be utilized to gain access to the casualty. Marsh buggies are amphibious track machines that have a large track surface area, buoyant track hulls, and 13 NOS Agreement Code: MOA-2007-041/7512 Board of County Commissioners/Monroe County, FL Agreement Code: offer a minimal amount of ground bearing pressure. These machines have proved to be ideal on various similar projects. One marsh buggy would have a flat cargo deck and the other would be outfitted with an excavator for handling the sectioned vessel material. DRC will meet with all concerned environmental interests and plot/mark an access path to the casualty with the minimal amount of environmental impact. Sensitive areas would be avoided. The marsh buggies would be delivered to a suitable shallow water staging and loading/unloading point with a small shallow draft crane barge. The staging location would be as close to the casualty as possible while allowing the barge to float freely (approx. 2-3 feet of water depth required). DRC will mat access route. Access route has been identified and will follow the path of vessel entry as a result of Hurricane Wilma. The marsh buggy will carry personnel and portable equipment to the casualty for dismantling/sectioning. March buggy will secure sectioned vessel pieces and transport to cargo deck via mats. The vessel pieces would be cut to approx. sizes of 1 ton or less by hot cutting with torches. Prior to commencing vessel sectioning, any and all remaining fuels, oils, or other regulated materials would be removed by the salvage crew to portable drums or tanks on the deck of the cargo buggy. Any pumping operations would be conducted in accordance with standard US Coast Guard and State over the water transfer procedures. A full spill response kit with pollution boom would be maintained on site. The products would be transferred from the cargo buggy to portable storage onboard the shallow draft barge. Once loaded with vessel sections transported via the marsh buggy, cargo deck barges will be transferred with vessel sections back to a waterfront staging area in Key West for offload and disposal. Multiple barge trips may be required (approx. 12 mile transit each way) in order to minimize the floating draft of the barge to avoid any contact with other live bottom in the transit path. The crew will be accommodated ashore and will be shuttled to and from the staging 14 NOS Agreement Code: MOA-2007-04117512 Board of COWlty CornmissionerslMonroe County, FL Agreement Code: __ barge via shallow draft crew launches. Pictures of Marsh Buggies: Excavator Buggy: Cargo Decked Buggy: ",...~~ . 'd.,.::;t:~~; ~,.,.,. . - '" - j. c~ ,".' . ~'t . <~ ""...:,: ^,.:..~ -{,...... ' Environmental Mffigation and Restoration Efforts: - A shallow draft barge will transport marsh buggy, personnel and equipment to the site and will serve as the floating staging area as close as possible to the 15 . NOS Agreement Code: MOA-2007-04117512 Board of County Commissioners/Monroe County, FL Agreement Code: casualty site. By utilizing the shallow draft barge, the overalf impact path and area is greatly reduced, and the number and type of organisms affected are limited to those found in the very shallow water - An access path to the casualty will be chosen to minimize impact to live organisms. This will entail marking a very specific path with flags/wands for marsh buggy operators to follow. - Sectioning and removal of the wreck will be accomplished by absolutely minimizing the impact footprint around the vessel. Due care will be taken to keep slag, waste, and debris inside the confines of the vessel and to prevent it from falling on the ground. As the vessel is sectioned to the final lower hull pieces, any debris will be removed prior to cutting and lifting the lower hull pieces. - Upon completion of the sectioning and removal, the excavator buggy would restore any disturbed soil contours as it left the project site. Project site would be policed clear of all debris and leveled to original contours prior to any replanting efforts. Safety: ORe will designate a qualified Health and Safety Officer to supervise project safety for the duration of operations. Pollution Response: ORe/Resolve will maintain a pollution boom and a spill kit on board the staging barge as well as at the casualty site during all operations. Tlmeline: Day 1 to 21: Mobilization and Site Preparations: - Day 1 to 20, Mobilize barge, marsh buggies, and portable equipment to dockside Key West staging area - Day 10. Marl< out marsh buggy approach track from floating staging area to casualty site - Day 11-21 Equipment Transits to Floating Staging Area, Offload Marsh Buggies 16 . NOS Agreement Code: MOA-2007-04117512 Board of County CommissionersJM:onroe County, FL Agreement Code: Day 22 to 26: Prepare Casualty for Sectioning - Day 22 to 23, Remove all fuels, oils, and hazardous materials - Day 24 to 26, Remove combustible materials and debris, prepare for cutting Day 26-47: Section and Remove Casualty via cutting crew and marsh buggies Day 48-60: Site Remediation and De-mob - Day 48-60, Contour approach track and casualty site - Day 48-55, Complete steel and debris haul out and clean up of shore staging area - Day 56-60, De-mob barge, marsh buggies, and portable equipment Approach Tracks . ~~:,,-;:,:';;;-~: -;-: ~ '_ t'-- ~ ~- .:"1- '"w ~.';': ._'~'. ' .~' _'_" *5'_;';-/1~/(:' ~.__ - e: - - --- ';V;' ~-~~,-r- -- ). .' ," ...'f./'ofL~' . , . , .. <"~"'~' --_~ 1,- -~ '~'~-: . .i~'-~'tq-if:,;;.j~'ti;l-..,if."-.';' ;~ s,. . 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BOARD OF COUNTY CO!\IMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14, 2007 Division: Grmvth Management Bulk Item: Y es ~ No - Department: Planning & Environmental Resources Staff Contact Person: Rich Jones X2805 AGE1\'DA ITEM WORDING: Approval to waive purchasing policy to allow for payment of outstanding invoices in the amount of $37,243.00 and establish an expenditure cap of an additional $100,000.00 to be used to pay for removal of non- hurricane related derelict vessels until such time as contractors can be qualified to respond in compliance with purchasing policies. ITEM BACKGROUND: The derelict vessels often pose a danger to persons and to navigation, this approval will allow payment of outstanding invoices for vessels removed since July 2007 and will continue to COver vessels to be removed in the next few months as an interim solution until such time as a RFQ and contract can be completed. The funds for removal come from tht: Boating Improvement Fund which has the funds available. Numerous derelict vessels have been abandoned in the waters, canals, and waternrays of the Florida Keys. The Boating Improvement Fund is the desih'TIated resource to pay for the removal; the fund balance is more than adequate to pay for the cost of removal. Attached are the unpaid invoices tor vessels removed since July 2007, the total amount tilr the invoices is $37,243.00. Marine Resources is aware of an increasing number of derelict vessels and is drafting an RFQ to accommodate them in the future by contract. PREVIOUS RELEVANT BOCC ACTION: The BaCC has approved the removal of derelict vessels in the past by waiver of purchasing policy. CONTRACT/AGREEMENT CHANGES: N/A ST AFF RECOMMENDA nONS: Approval TOTAL COST:~__~137,24300 BVDGETED: Yes .~- No - COST TO COUNTY: $137,243.00 - SOVRCECE or rUNDS:8If' Funds REVENUE PRODVCJNG, Ve, NO~ ;clVNT PER MONTI! V"r APPROVED BY: County Att?~{: ,'j\jaiP asing -L. Risk Management __x}7J ~ v DOCUMENTATION: lnduded _ X___ ;\iO! Required_ DISPOSITION: - --~-----,,~- - ._----------------,----,~- AGENDA ITEM # ----------~. -- . - // [offiRv - tpwoluiMg iM, MafiML, ta!vagt i~' -&v.~~~.~..~.~ s E r< v . C E S Inc po. Box 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 f ~l~l"_ October 20, 2007 ..~.... ......" '-,., ......J f}..., '_ ~........; 'J Connie Robertson ... J 200; Monroe County Marine Resources INVOICE: Invoice # 10-05-07, 40-foot houseboat DV 6959 Coffin Marine performed the following senrices: Salvage and properly dispose of a 40-foot sunken houseboat. This vessel was sunk and abandoned in Boca Chica Bay. COST: $8,875.00 /) (evlfi'? ~Sw. ~t~tt[o,-l SALVAGE. EMERGENCY RESPONSE' MAR"H TOWHG' 'OAT TRANSPORT' POlWTION RESPONSE. MARH" CONSTRUCTION .- [offi~--- f~ 1M, MafiJfe f~ "" A DI~I ~<;', --. /-~;},,/ _i~- -',:,':, ,,f :';;-~"_ -,; " _' ;-t ' L-~;! L'~'_ " ,,< ,i'!"..,;] '\. i"-,.Jft;,>'ii:).;Z;;., <'i', ",~{, S E R V I G E S I/lC 1 '-'____./ ~__k.' J"'.'''-Y. --LJ -):_-^\~<<~) j \_^__'>-o~ -- -' po. Box 430538 BIG PINE KEY. FL. 33043 (305) 872-8863 FAX (305) 872-5613 )>4' October 20, 2007 ~ ~'~p Connie Robertson -!) I.' ~'C>. Monroe County Marine Resources I :) <. ,] INVOICE: Invoice # 10-04-07, FL 3286 DW, 31-foot WeUcraft. ?o,1.> Cofrm Marine performed the following services: SaJvage and properly dispose of a derelict vessel, described as a 3 I-foot WeHcraft Powerboat. This vessel was sunk in a canal in Port Pine Heights Subdivision, Big Pine Key. COST: $3,380.00 SALVAGE. EMERGENCY RESPONSE' MARIn TOWH~' 10AT TRANSPORT- POLUITlON RESPONSE. MARHE CONSTlWCOON .~ [offio--- t~ iJf, M~ talvage f..1i~ rt- A ~ ".;,,' ~'ff~" ' --""'01'.;<,;... . .<, J'!'!_' ,"%.<;1;:: ,"'~~~"'--\, -",:- ;__~'~ }:':-:;;;u-f~: _;_~\ -~:;~;;<t'~-\\ .-,<~ Vo~~,~,---~ S E R V I C E S lnc , - , Po. Box 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 October 10, 2007 " Connie Robertson Monroe County Marine Resources , , INVOICE: OR 3249 FR, 16-foot Niagra, invoice # 10-03-07 Coffin Marine performed the following services: Salvage and properly dispose of a derelict vessel, described as a 16-foot skiff. This vessel was abandoned on the east side of Fleming Key, Key West. COST: $490.00 SALVAGE' EMERGENCY IlESPONSE. MAR~E TOW~G. IOAT TRANSPORT. POLWTlON IlESPONSE. MAIl..E CONSl1WCTIOH [offill---- fpN'idiziJtg ~ !4afiJrp talvage .. ci?fl ..~ .~~;. R 'I ".'~';JfTh '~'d -, _ ~,.~: 1<:: ,_,_, ,',_ ~r >.,..>rt:f _:' _ ", ~""J;,_", :;:...-~_ _'~ _,\ '~/i~]/ i~"_=\Y" r~:j:] 'J ,',i'l ' s E R V I C E S Inc po. Box 430538 BIG PINE KEY. Fl 33043 (305) 872-8863 FAX (305) 872-5613 October 6, 2007 Connie Robertson Monroe County \1arine Resources INVOICE: DV 07-5653, invoice # 10-02-07 Coffin Marine performed the following services: Salvage and properly dispose of a derelict vessel, described as a 17-foot open fisherman type boat without engine or built in fuel tanks. This vessel was capsized and submerged in Boot Key Harbor near Faro Blanco Resort. Respond without delay. COST: $550.00 9\l'/AG,,' F'MERC ENe" Rf~ N:'E' MARfNE 1O'JJNG' BOATlRANSOO RT. PClllJfl() N RESOON:'E. MARINE' co NS1RLC lDN '- [offin--- !~ {J(, !4ariJfL, !~ S E R V I C E S Inc po. Box 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 October 6, 2007 Connie Robertson Monroe County Marine Resources INVOICE: Grassy Key ICW, DV 0253 invoice # 10-01-07 Coffm Marine performed tbe following services: Salvage and properly dispose of a derelict vessel, described as a 29-foot sailboat, which was sunk and posing a threat to surface navigation on the Intra Coastal Waterway, north of Grassy Key, COST: $4,890.00 ,# ~ "\ ' <J\" ~~~ ~~ SALVAGE' EMUGENCY RESPONSE' MAR"E TOW"G. &OAT l'RANSPOIlT' POLLunoN RESPONSE. MAR..e CONSTRUCTION i ; \ 1~llffin -.-- t~ fJf- !4a1fiJf1., talYage '#i, ~ .~~" ~ ~z / ...~~~l ..R" "~\J,':j.j":"~ ", ~;' ,>,''''c\ 2>,',:'\ S E R V I C E S Inc. 1, / ;, ,'j'" , i- 1 - ".' .. ,~",' H'P"'_<'; r-- PCp. Bm' 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 ". "'~;' September 20, 2007 Connie Robertson Monroe County Marine Resources INVOICE #9-02-07, CF9021 GG Coffin Marine performed tbe following services: Salvage and properly dispose of a derelict vessel described as a 28-foot Carver Powerboat. This vessel was sunk and abandoned in a canal on Boot Key, Marathon. COST: $3,600.00 ENTERED SEP ~ j "'J.;.' SALVAGE' EMUGENC'f RESPONSE - MARf04E TOWf04G' 10AT TRANSPORT- POLllITION RESPONSE. MARf04E CONSTlWCOON .- [offiR--- tpeeduilfg 1M- M~ ta!vagt :'n/;'3'~~:(l U · S E R V . C E S fr')c. po. Box 430538 BIG PINE KEY, Fl. 33043 (305) 872-8863 FAX (305) 872-5613 September 2, 2007 Connie Robertson Monroe County Marine Resources INVOICE - FL 4188 CV Coffin Marine performed the following services: Salvage and properly dispose of a derelict vessel, described as a 27-foot Hunter Sailboat. This vessel was sunk and aground on Rat Key, Key West. Cost basis, competitive bid. COST: $2,295.00 () 1/ Je 'Pt<'J (I/;2<Dti .~i;'J ~ () - C; - () 7 $AWAGE' EMERJENCYRESOONg:. MARINE lOIMNG' BOATlRANS"ORT' POUUTION RESOONg:. MARINE CONSlRLCIDN .---- .. [offio.--- t~ fJ(, M~ talvaqt ~.. ,,"4. .~~,.~ .- *\,!,i '~ ", , '. ~ S E R V I C E S Inc ". ,J C_t /" i PO. Box 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 August 25,2007 Connie Robertson Monroe county Marine Resources INVOICE CotTm Marine performed the following services: Salvage and properly dispose of a derelict vessel described as a 28-foot Sport Fisher Powerboat, FI 0917 AR. This vessel was sunk at Marathon City Marina. Cost basis, competitive bid. COST: $2~80.00 \ cO ~ )0 , .... . l ) (' j 1 L f .~)Cv ~'\l"G \ l l - / f c--j~ ( L l/ (, . \.oJ J(' SALVAGE, EMERGENCY RESPONSE' MARNE TOWNG. IIOAT TRANSPORT. POLU1T1ON RESPONSE. MAIlNE CONSTRuCroN -~ [offin--- t~ '-" M~ talmgt ..'''' ~ I a : .,", ,<; - _ _~ ~ \f. ~v/- -,,: ,<" ,1t'" :_~'f,--' -,,,-">',,. ,fi:'<i" ,',,, -, ,',o,,,_,,"f.:, ,:-:; -/1!";;f"u;.> ::,~";--~-",,. -,> '-----~--i~ '::""-i:':"':z>;\,,, -~~~"'~~;/'.-'":\, :,'~~-1 ;~)--~:l:-"? S E R V I C E S fr',; j -~. i, 'i. J PO. Box 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 August 25, 2007 Connie Robertson Monroe county Marine Resources INVOICE Coffin Marine performed the following services: Salvage and properly dispose of marine debris, described as a large buttonwood tree. This tree was a casualty of Hurricane Wilma and was submerged in a canal in Eden Pines Subdivision, Big Pine Key. Cost basis, competitive bid. COST: $3,948.00 .,t,' \ /1"( K lQP. f) ( .' ~'J[' 7.J ) (~t' .~ C ":1' ~ . U SALVAGE' EMERGENCY RESPONSE. MARNE TOWNG' IOAT TRANSPORT. POLlUTION RESPONSE. MARNf CONSTRUCOON -- I=flf~jt:l;.~-- t~ ~ 14_ t~ "~"'~,~,,"' "~~ , ::> E R V ICE Sine po. Box 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 rV r' ',} aD :) tAl ' I - I' - -'v I', J August 21, 2007 L '\ Connie Robertson . ,\ \~i (f\"", ~t.,>, Monroe County Marine Resources \ )~:'r\" "\' ,)i; l::<~,.>" . ~<..' ~ \..,,,,\' <<~/) i\;~ " INVOICE ~. \ \ !:J~l; \J .L'(.;7 :) ~ ~~ Coffm Marine performed the foUowing services: Salv and properly dispose of a derelict '" ("~C/ vessel, described as a 34-foot Hunter Sailboat named "BJ B1", This vessel had grounded itself on the beach at Fort Zachary Taylor in Key West. Cost basis, competitive bid, COST: $3,400.00 SALVAGE' EMERGENCYIIUPONSf - MAR~E TOW~G - 10AT TRANSPORT- POLWTlON RESPONSE, MARINE CONSTRUCTIOH Coffin"~ - ~ tpeeiohiJtg lit MMi.Ke tal.vage ". "n.~.~ >, .', ,._,,,.,, "\., " --~ ~)i;,_,___ _';. _~'_'1_---_:_"_ ,>-~ ,,' ; ',,'._ L _' ~_--~.. ; _:~f _j~>----~' ~-~_: - f'---":~__'~,~-~--1 - -~' ". _~ ,_ -.----:~; ,~ '(':- o,?; \/ . ;' "- O:':t , - , ~ :~ " PO. Box 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 July 28, 2007 Kim McGee Maine Projects Coordinator INVOICE Coffin Marine performed the foUowing services: Haul and properly dispose of an abandoned boat and trailer. This vessel was abandoned on the side of Maloney A venue, Stock Island. Cost basis; time and materials. Equipment used; knuckle boom dump truck. COST: $250.00 SALVAGE. EMERGENCY RESPONSE. MARINE TOWING. BOAT TRANSPORT. POLLUTION RESPONSE. NlARINE CONSffiUCTION , [offin--- tpeeialtziJrg {J(; M~ talvage, ',4 JA,Q '-'.11 re: s E f~ V J (~ r.;: c~ L; :' u"", "L: Gu 1 '\-j l~.....J '-- .~ " {~. Po. Box 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 June 23, 2007 Kim McGee Marine Projects Coordinator INVOICE q- ~'ol-07 Coffin Marine performed the following services: Respond without delay to contain fuel spill in Boot Key Harbor, Marathon. Salvage a sunken 28-foot derelict powerboat and tow to Marathon Marina. Equipment used; towboat, diver and underwater salvage equipment (air bags and pumps). Cost basis, flat rate. COST: $2,660.00 SAlVAGE. EMERGENCY RESPONSE. NtARINE TOWING. BOAT TRANSPORT. POLLUTION RESPONSE. NtARfNE CONSTRUCTION I [offi n .~..-. ~~. u< MafW talvage -... .'1 )~ ~"'.~" ~:; , ~ utg : -I - ~/ ; J:' ,r-:' --\ . :: ~.-.; _ _'j -'---..... -'~, ~_~~.) _:: E ~ ~ V i f.---"~ ~'.. -.-; PO, Box 430538 BIG PINE KEY, FL, 33043 (305) 872-8863 FAX (305) 872-5613 June 2, 2007 Kim McGee Marine Projects Coordinator INVOICE Coffin Marine performed the following services: Transport and properly dispose of an abandoned powerboat and trailer. This vessel was abandoned at the Public Launch Ramp parking lot on State Road 4A, Little Torch Key. Equipment used; knuckle boom dump truck, Cost basis; time and materials. CO~75.005 /!~ ~1pfE4'r'1 7jM/~/1/ ~ } L ~ /6/7/J/~1~~~ ",-7'0 ,2..// /7 C; 7 c' C ,j'l frr/ll /0,Y/~C- t 6/5/<'1 SALVAGE. EMERGENCY RESPOf'JSE . r,M{<INE TOWING. BOAT TRANSPORT. POLLUTION RESPONSE . ~jARINE CONSTRUCTION Coffin- ~- - .~ tpedil!uiPg fA MMiH.e talvagt ~r~ 6 ~I~JJ~ f f\ V/II r-\ \[ r--, ii!! ! \ '1 11 t.:; ~i F r~ '\./ i C ~~- S '-...J __ _4__ _...:::L J . _" _w ,__ ___J '--_____ _J ~-~- - PO. Box 430538 BIG PINE KEY, FL. 33043 (305) 872-8863 FAX (305) 872-5613 June 2, 2007 Kim McGee Marine Projects Coordinator INVOICE Coff'm Marine performed the folJowing services: Transport and properly dispose of abandoned boat trailers. These trailers were abandoned on public right of way on Rockland Key. Equipment used; knuckle boom dump truck. Cost basis: time and materials. ~ .I b r/cP) TOTAL COS . $250.00 :> ./1 b/E N( r )(~ <I ;1 (/If /I & 5/07 ~/ot-F{ I .;j;~ P-/L/-tJ1 Ie f(11 u/ I . __ ciA J /ti:FL{; rt/l/t c1ltt 21111t red -pt14 ;f eE{ 4c(/) / 7lF- ;;Y~ 1~ ?II SALVAGE. EMERGENCY RESPONSE. MARINE TOWING. BOAT TRANSPORT. POLLUTION RESPONSE. MARINE CONSTRUCTION BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14.2007 Division: Growth Management Bulk Item: Yes -L No - Department: Andrew Trivette Staff Contact PersonlPhone #: 2517 AGENDA ITEM WORDING: Approval to amend a contract with Advanced Data Solutions to allow the continued scanning, indexing, and imaging of Growth Management files; and to terminate a separate contract with Advanced Data Solutions, transfer unused funds to the scanning contract. No additional funds will be necessary. ITEM BACKGROUND: ADS has been successfully scanning, indexing, and imaging of building department files. Growth Management is happy with the work and wishes to continue the contract, however, the funds budgeted to this project have run out. In order to continue the contract and to conserve money ADS and the County have agreed to terminate another ADS contract and to transfer the unused funds from that contract into the scanning contract. This should allow for two more years of scanning. PREVIOUS RELEVANT BOCC ACTION: In April and May of2006 the County and ADS revised four existing contracts and budgeting fixed amounts to each contract. CONTRACT/AGREEMENT CHANGES: This Agenda item will accomplish an Amendment to ADS contract number 101-555-2493A extending the contract and transferring funds into the contract. It will also terminate ADS contract number 10 1-555- 2565A and transfer the budgeted but unused funds into contract number 101-555-2493A. STAFF RECOMMENDATIONS: Approval TOTAL COST: $118,071.59 BUDGETED: Yes -1L No - COST TO COUNTY: $118,071.59 SOURCES OF FUNDS: (Transferred from another contract with this vendor for which these funds have been budgeted) REVENUE PRODUCING: Yes - No - AMOUNT PER MONTH_ Year APPROVED BY: County Atty ~MB/PurChasing_ Risk Management_ DOCUMENTATION: Included - Not Required_ DISPOSITION: AGENDA ITEM # Revised MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: ADS Contract # - Effective Date: Nov 142007 Expiration Date: Contract Purpose/Description: Extend and Amend ADS contract #101-555-2493A and provide for transfer of funds; and Terminate ADS contract #101-555-2565A and transfer unsed funds to contract #101-555-2493A Contract Manager: Andrew Trivette 2517 Growth Management Stop # 11 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on Nov 14,2007 Agenda Deadline: 10-30-2007 CONTRACT COSTS Total Dollar Value of Contract: $ Current Year Portion: $ Budgeted? YesD NoD Account Codes: NA-_-_-_-_ Grant: $ - - - - - - ............... ~ - County Match: $ - - - - -- ~ ~ ------- ~ - - - - ----- ADDITIONAL COSTS Estimated Ongoing Costs: $Q/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date Out Date In Needed Reviewer Division Director - YesDNoD Risk Management - YesDNoD O.M.B./Purchasing - YesDNoD County Attorney Itj;/fl YeSDNoEr~~tU~ Comments: AGREEMENT TO TERMINATE AGREEMENT #101-555-2565A BETWEEN MONROE COUNTY AND ADVANCED DATA SOLUTIONS, INC. AND TO TRANSFER REMAINING BUDGETED FUNDS TO AGREEMENT #101-555-2493A This Agreement to Terminate contract #1 01-555-2565A, a contract for IT Consulting Survey and IT design, and to transfer remaining budgeted funds is made and entered into this day of November 2007, by and between MONROE COUNTY, a political subdivision of the State of Florida ("COUNTY"), whose address is 1100 Simonton Street, Key West, Florida 33040 and Advanced Data Solutions, Inc. a Florida Corporation, whose address is 141 Scarlet Boulevard, Suite A, Oldsmar, Florida 34677 ("ADS"). WHEREAS, ADS and COUNTY entered into an Agreement for IT Consulting, Survey, and IT Design, known as contract number 101-555-2565A ("contract 2565A") on April 19, 2006, as part of the Sterling Project; and WHEREAS, the parties agree that the this contract should be terminated, and WHEREAS, ADS and COUNTY entered into a separate Agreement for scanning. indexing and imaging of Building Department files on April 19, 2006, known as contract #101-555-2493A ("contract 2493A"); and WHEREAS, the parties have agreed that the funds budgeted under contract 2565A for IT Consulting, Survey and IT design will be better used by the Growth Management Division for scanning, indexing and imaging. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the COUNTY and ADS agree as follows: 1. The parties agree that contract 2565A for IT Consulting Survey and IT design shall be terminated upon execution by all parties of this agreement to terminate. 2. The parties further agree that any remaining funds being held under contract 2565A shall be transferred to contract 2493A to be used for scanning, indexing and imaging of Growth Management Division files. 3. At the present time there is $118,071.59 remaining in contract 2565A, which shall be transferred to contract 2493A. Page 1 of2 AGREEMENT TO TERMINATE AND TO TRANSFER FUNDS IN WITNESS WHEREOF, the parties hereto have been executed this agreement to terminate and transfer funds as of the date first written above. Board of County Commissioners >- w ., OfMomoe County Z::"i 0:0: Attest: 00 I-u.. Danny L. Kohlage, Clerk By: I-- <co >-1-- Mario Di Gennaro, Mayor I- (f) By: Date: Z <( UJ :) 6 fTI J~ 8~ Deputy Clerk 0> wI- Date: L'.J q :.::! ~ ' o 0: I-- 1-1 a: 0.. . <( [/) 2~~W Witness to ADS: ADS: o . [/) :2 <(,92 - (\l ~1Iu>>J ~J1;uh .Af Au~ . 0 Signature Signature E..:$M-er T JG;:rrltrbm/l' 'S ' Print Name Print Name 6- elf /J~j.f~-f /}t-e /1 Address: 3CjqL/ Tlq-mPA /2z( Address: # PI/ <;i.~M /cl jj'Ji/./ s'le vi. o IdsmCtr ;:: L 31.j&77 - O)/.J/VV<.f". ,c€!.. -t~/J11 , DATE: Ncy-I. i 1:;z. 007 . DATE: NOVemDCJ'/, .200'7 . ..j}jatv fJ ~ - ~ ~ jOMI~ ~<Xli4L-hJ f.-~~) k~ /nuL ~ I~~ ~ /2oz.<e~4;;'&{)7_ , ~~u.J;~ . Gu jL eve-II u.Jh 0 preset) ../c:.cc Ff) L as 1,(;:1, ~~7~ ESTHER T. GARRABRANTS ~'1;. ::~ MY COMMISSION # DD 463200 "Zw;", .~t> EXPIRES; August 17 2009 "-"'tff..~n-..~"\ Bonded Thru NOIc:Jry PubUc U~d~rr';(jtilr$ Page 2 of2 SECOND AMENDMENT AND EXTENSION OF AGREEMENT BETWEEN MONROE COUNTY AND ADVANCED DATA SOLUTIONS, INC. FOR SCANNING, INDEXING AND IMAGING OF BUILDING DEPARTMENT FILES (Contract Number #101-555-2493A) This Extension and Second Amendment is made and entered into this _day of November 2007, to the AGREEMENT dated 19th day of APRIL, 2006, also known as Contract # 10l-555-2493A, by and between MONROE COUNTY, a political subdivision ofthe State of Florida ("COUNTY"), whose address is 1100 Simonton Street, Key West, Florida 33040 and Advanced Data Solutions, Inc. a Florida Corporation, whose address is 141 Scarlet Boulevard, Suite A, Oldsmar, Florida 34677 ("ADS"). WHEREAS, ADS and COUNTY entered into an Agreement for scanning and indexing and imaging of the Building Department permits and Blueprints using Alchemy software and known as contract #101-555-2493A ("Contract 2493A") ; and WHEREAS, the Agreement contains the option of renewal for three additional one year periods, and WHEREAS, the parties wish to exercise the option to renew the contract for another year; and WHEREAS, the parties agree to amend the Agreement to include all of the Growth Management Department in the contract; and WHEREAS, the parties agree that along with this extension of time additional funding will be needed, and WHEREAS, the parties have entered into another Agreement, known as contract # 101-555-2565A ("contract 2565A"); this contract is no longer in use and is being terminated. Contract 2565A contained a not to exceed amount in the contract all ofthose funds have not been expended; and WHEREAS, the parties agree that the remaining funds in contract 2565A should be transferred to this contract 2493A, where they can be put to a better use for the COUNTY. NOW THEREFORE, in consideration of the mutual covenants and provisions contained herein, the COUNTY and ADS agree as follows: 1. The Agreement known as contract 2493A shall be extended for an additional one year term until October 31, 2008. Page 1 of2 SECOND AMENDMENT AND EXTENSION 2. The parties agree that any remaining funds being held under contract 2565A shall be transfened to contract 2493A to be used for scanning, indexing and imaging of Growth Management Division files. 3. At the present time there $118,071.59 remains unused in contract 2565A, all of which shall be transfened to this contract 2493A. The parties agree that this amount shall be used to pay for invoices received under this Agreement retroactive to April 19, 2006, in order to capture any unpaid invoices. 4. The parties further agree that the first paragraph of the scope of work shall be amended to read as follows: "ADS shall provide document scanning services for the Growth Management Division of the County; this job includes scanning, indexing, imaging of files and blueprints. This contract does not provide for the purchase of software" 5. The remaining terms of the Agreement, not inconsistent herewith, shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have been executed this extension as of the >- date first written above. UJ .. z~ Board of County Commissioners ~ 0:: (f) 0 Of Monroe County l- u..; (/) l- I- 4:t: Attest: 4:0 0>- Danny L. Kohlage, Clerk By: ~ ~ ~ ~ ~~ Mario Di Gennaro, Mayor :::> 0 z 0 By: Date: Ow wOf 0> wI- Deputy Clerk UJ 0 ::::! :i: . Date: 00: l-I- 0:: n.. <( (jJ Z 0.. Z (j) o <( (/) ~ <:(~ 0 Witness to ADS: ADS: L( ~4t / ../"~ CtJ-A / P u,uiiNtJL/r' ~ /:0~ .. Signature Signature /ftl,,/I l?..rl-.,e,1'- 'T #"1'r.rLtvtl~4:b ~l ;f/A.-...I- Print Name Pn Name Address: 3qc} tj ;;"mfJ,a K?d- Address:. /'11 J(ic..rJr),6 ~"" ..tk r1. Old.5Jl1cu- p,- ())t!J;Iq~,p '/. F/.. J".;IJ./i7 DATE: 11.4"'1/ If) '7 DATE: Ii//)/ ~1 ~~ ...9tcucf a.- _ '&l..{.U?f 13 f!L'ul!lti.J Page 2 of2 JJwtA.-1t.-1/o (;..uL ~.~t., lJ ~ ~.1 ~ I # ~ 1; lWu-6.m-Mt.., :2LJt)? ~)LJ x!/tlAA?14&~)f' ~.., - ..,t~"';-''''''''~~...:a..~~ -r i;:\:~:~~~', ::STHER T. GARRABRANTS /)ohrtr') , Ir ~ >~ MY COMMISSION # DD 463200 Sty I3t-t:/1 jOre6ti./LtPd, .z:. (>, i 1[~;J:t~:j1;'!o' EXPIRES: Augusl17, 2009 PI>/-. ,~L-::~~~.'~" Bcnrlfu1ThnJ No!ary Pub~ic UndaWirll~rs '(-~~<tUC-:/.i.'.w"':H'-,~~. ** TIME CERTAIN 1:30 P.M. ** BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: November 14. 2007 - KL Division Engineering Bulk Item: Yes - No ~ Department: Wastewater Staff Contact Person: Elizabeth Wood 292-4525 AGENDA ITEM WORDING: Approval of Resolution adopting the Big Coppitt Regional Wastewater Treatment System and South Lower Keys Regional Wastewater Treatment Plant Facilities Plan. ITEM BACKGROUND: Section 62-503.700(2)(g) of the Florida Administrative Code pertaining to Planning, Design, Construction and Procurement Requirements for the Florida Department of Environmental Protection's State Revolving Fund Loan Program for Water Pollution Control funding, specifies that the required public participation process include the project sponsor's public meeting held before the project sponsor's acceptance ofthe planning recommendations. On June 20,2007, the FKAA held a public meeting for the Big Coppitt Regional Wastewater Treatment Systems making available the project scope and cost to affected property owners and interested members of the public and provide an opportunity to address questions and concerns. Notice of the public meeting was published in the Key West Citizen. Additionally, public notice of the Board's consideration of this Resolution was published in the Key West Citizen (10/29/07), Keynoter (10/31/07) and the Reporter (11/2/07) and back-up documentation made available on the County's website for review. PREVIOUS RELEVANT BOCC ACTION: At the January 25, 2006 BOCC Special Meeting, the BOCC authorized staff to pursue a construction loan from the State of Florida' s State Revolving Fund Loan Program for Water Pollution Control. CONTRACT/AGREEMENT CHANGES: None. STAFF RECOMMENDATIONS: Approval. - TOTAL COST: $21.2M BUDGETED: Yes NA No - COST TO COUNTY: $14.6M SOURCE OF FUNDS: F304 REVENUE PRODUCING: Yes - No X.- AMOUNT PER MONTH_ Year - APPROVED BY: County Atty f{fr' OMB/Purchasing_ Risk Management _ DOCUMENTATION: Included X Not Required_ DISPOSITION: AGENDA ITEM #