Resolution 242-2009
RESOLUTION NO. 242 -2009
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADDRESSING PROCEDURAL ISSUES
PERTAINING TO THE "CONTRACT FOR REMOVAL, REFLOATING
AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS AND
MARINE DEBRIS"; PROVIDING CLARIFICATION REGARDING THE
INTENT OF THE CONTRACT; PROVIDING CLARIFICATION
REGARDING QUOTE SOLICITATION AND JOB AWARD
PROCEDURES; AND WAIVING PURCHASING POLICY BY
PROVIDING ADDITIONAL PURCHASING LEVELS AND SIGNATURE
AUTHORITIES TO EXPEDITE THE DERELICT VESSEL AND MARINE
DEBRIS REMOVAL PROCESS.
WHEREAS, the County Boating Improvement Fund is the funding source for removal
of derelict v"essels, with typically $100,000 to $150,000 used each year for such functions; and
WHEREAS, in October 2007 the Clerk of the Court recommended to Growth
Management staff that contracts be established with multiple contractors in each sub-area of the
Florida Keys for derelict vessel and marine debris removal work, which would allow staff to
solicit quotes and award individual removal jobs to contractors, thus streamlining the removal
process by making it unnecessary to obtain Board approval for individual removal jobs which
exceed $25,000 or expenditures to individual contractors which cumulatively exceed $25,000 in
a single fiscal year; and
WHEREAS, following the recommendation of the Clerk of the Court, the County
Attorney's Office in coordination with the Marine Resources Office drafted contracts detailing
procedures for staff to solicit quotes and award individual derelict vessel and marine debris
removal jobs by Task Order; and
WHEREAS, subsequently the Marine Resources Office made a Request for Proposals to
marine contractors for the purpose of qualifying vendors and awarding the contracts; and
WHEREAS, thirteen (13) proposals were received from vendors both within and outside
Monroe County including Coffin Marine Services, Inc., Coral Marine Construction, ASAP Inc.,
Adventure Environmental, Inc., Bluewater Marine Services, Inc., Lower Keys Marine Towing
and Salvage, Inc., Upper Keys Marine Construction, Inc., DRC Emergency Services, LLC, Spirit
Marine, Arnold's Auto & Marine Repair, Inc., TSI Disaster Recovery Services, Aqua-Terra, Inc.,
and Gunderboom, Inc.; and
WHEREAS, a selection committee comprised of three staff members of Growth
Management reviewed and ranked the proposals, resulting in the selection of five (5) vendors
including Coffin Marine Services Inc., Coral Marine Construction, ASAP Inc., Adventure
Environmental Inc., and Bluewater Marine Services Inc., which were recommended to the Board
for approval of contracts at the March 2008 BOCC meeting; and
WHEREAS, at its March 2008 meeting the Board of County Commissioners directed
staff to award contracts to all thirteen (13) vendors that provided proposals; and
WHEREAS, twelve (12) contracts were subsequently executed, as one of the vendors,
TSI Disaster Recovery Services, did not submit a signed contract to staff; and
WHEREAS, since the execution of the twelve (12) contracts Marine Resources staff has
been diligently processing derelict vessel and marine debris removal jobs in accordance with the
guidelines of the contracts approved by the BOCC by soliciting written quotes and awarding
individual removal jobs by Task Order authorized by the Marine Resources Senior
Administrator, including individual jobs exceeding $25,000 and multiple jobs which
cumulatively exceed $25,000 to an individual vendor in a single fiscal year; and
WHEREAS, a recent internal audit conducted by the Internal Audit Department of the
Clerk of the Court determined that Marine Resources staff is not adhering to Purchasing Policy
by 1) not receiving appropriate purchasing approvals, 2) not soliciting quotes in conjunction with
the Purchasing Department, and 3) not providing a competitive bid process for jobs over $25,000
or receiving Board approval; and
WHEREAS, clarification and further direction is necessary to ensure that the Board of
County Commissioners, the County Attorney's Office, Growth Management staff, and the Clerk
of the Court understand and are in agreement on the intent of, and the procedures described in,
the current contracts for vessel and marine debris removal;
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
Section 1. The intent of the twelve executed 'CONTRACT FOR REMOVAL,
REFLOATING AND/OR DEMOLITON AND DISPOSAL OF DERELICT VESSELS AND
MARINE DEBRIS' (Contracts) is to streamline the process for awarding individual jobs for
removal, thereby reducing the time required to remove such vessels and debris which may cause
environmental damage, impede navigation, cause property damage, and create life and safety
concerns.
Section 2. Consistent with the terms described in the existing Contracts, the Monroe
County Board of County Commissioners hereby authorizes Marine Resources staff to solicit
quotes and award individual jobs as follows:
I) Solicit written quotes from approved contractors in the applicable geographic area
with a deadline for response bye-mail. These responses shall not be disclosed to
other vendors or the public prior to the end of the deadline to receive written
responses.
2) Receive and review quotes, selecting the lowest bidder.
3) Award jobs by Task Order with invoices and Request to Purchase to follow when job
is complete.
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Section 3. The Monroe County Board of County Commissioners hereby waives
existing Purchasing Policy by providing the following purchasing levels and authorizations for
work performed under the above referenced Contracts:
Dollar Amount
$.01-$50,000
Procedure
Multiple quotes to be
requested by the Marine
Resources Office from
contracted providers as
described in Contracts.
Purchasing Authority
Marine Resources Senior
Administrator or Growth
Management Director
$50,000.01 and over
Sealed bids to be solicited
by the Marine Resources
Office from the contracted
providers, and to be
delivered to and opened
by the Purchasing Dept.
BOCC approval required
Section 4. In the event of an emergency of an environmental or life/safety nature the
Monroe County Board of County Commissioners hereby authorizes the County Administrator or
the Growth Management Division Director to authorize approval of Task Orders over $50,000
and up to $100,000 for work performed under the Contracts.
Section 5. The Monroe County Board of County Commissioners establishes the
following example of the typical derelict vessel removal procedure:
1- FWC (or other law enforcement agency) provides a "Derelict or Abandoned Vessel
Report" and associated vessel documentation to the Marine Resources Office, legally
authorizing the removal of the vessel.
2- The Marine Resources Office writes a quote request with timelines for response and
job completion and e-mails the quote request, the derelict vessel report and associated
\i'essel documentation to approved contractors in the geographic area of the location
of the derelict vessel.
3- Approved contractors respond with quotes bye-mail to the Marine Resources Office.
4- After the quote deadline, the Marine Resources Office reviews the quotes and awards
t]le job by Task Order to the lowest bidder bye-mail.
5- Subsequent to the removal of the derelict vessel the awarded contractor provides an
invoice, disposal receipts and photos to the Marine Resources Office bye-mail.
6- T'he Marine Resources Office submits a Request for Payment along with the invoice
and associated documentation to the Purchasing Department for payment.
Remainder of Page Intentionally Left Blank
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of August, 2009.
Mayor George Neugent
Mayor Pro Tern Sylvia J. Murphy
Commissioner Kim Wigington
Commissioner Heather Carruthers
Commissioner Mario Di Gennaro
Yes
Yes
Yes
Yes
Yes
BOARD OF COUNTY COMMISSIONERS
OF MO~COUNTY\ALORIDA -L-
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BY: g
Mayor George Neugent
(SEAL)
ATTEST: DANNYL.KOLHAGE,CLERK
J20 l'-YOc. ~~k~
Deputy Clerk
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