06th Amendment 05/19/2010AMENDMENT No.b TO AGREEMENT
BETVEEN DRC EMERGENCY SERVICES LLC
AND MONROE COUNT'', FLORIDA
TSIS A t ANT TO AGREEM ENT is made and entered into this 19th day of May, 2010
between Monroe County Board of County Commissioners (hereinafter "COUNTY" or "BOCC") and DRC
Emergency Services, LLC (hereinafter "DRC").
WHEREAS, the parties entered into a non-exclusive agreement on September 20, 2006, for removal
of hurricane debris including lobster traps, canal debris, and marine debris including abandoned/derelict
vessels; and
WSL�REAS, the Agreement allows for five (5) additional one (1) year extensions on the same terms
and conditions with approval from the BOCC; and
WHEREAS, this Agreement was extended for one year commencing on September 20, 2007, again
on September 20, 2008, and again on September 19, 2009; and
WHEREAS, it is deemed in the interest of the health, safety, and welfare of the general public to
extend this Agreement in order to remove vessels, traps, and other debris that may be generated by future
storm events or other natural disasters; and
WHEREAS, FEMA has approved funding for trap debris removal and disposal as a result of 2008
storm events utilizing the DRC Emergency Services LLC Agreement for marine debris removal; and
AREAS, Exhibit A under the current Agreement provides for disposal of wood and concrete
portions of traps to be disposed of at designated offshore sites in the Gulf and Atlantic Ocean, and
WHEREAS, Exhibit B under the current Agreement provides a fee structure based on the offshore .
disposal of wood and concrete portions of traps, and
AREAS, the Florida Keys National Marine Sanctuary no longer allows the use of such offshore
sites for disposal; and
REAS, the Agreement and accompanying Exhibits A and B must be amended to reflect
disposal of all traps and trap parts at an upland waste facility;
NOW, THEREFORE, M CONSIDERATION of the mutual covenants contained herein the parties agree
to as follows:
1. Section 1.2 of the September 20, 2006. Agreement is hereby amended as follows:
This Agreement shall be extended for the year September 20, 2010 through September 19, 2011.
2. Exhibit A and Exhibit B of the September 20, 2006 Agreement are amended as attached.
3. The remaining provisions of the agreement dated September 20, 2006, not inconsistent herewith,
remain in full force and effect.
Remainder of page intentionally left blank
Signature page to follow
DRC Amendment 4-21-2010 1
IN Wl SS INMREOF, the parties have set their hands and seal on the day and year first above
written.
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E, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MO OE C Q1 O A
Mayan/Chairman
DRC EMERGENCY SERVICES LLC
Now
DRC Amendment 4-21-2010 2
[B--IT A
SCOPE OF WORK FOR MARINE DEBRIS
Lobster traps, Marine Debris, and Abandoned Vessels
Lo lW Tog. -&MMLval
DRC will be responsible for managing the removal and disposal of lobster traps
destroyed or substantially damaged as the result of the 2005 and subsequent hurricane
seasons within the life of the Agreement; to include the identification of locations in the
water of where significant trap debris exists, working with the Florida Keys Commercial
Fishermen's Association or other entities as apriate to locate, remove, and dispose of
traps, and oversight of field monitoring, and billing for the project.
Detailed Responsibilities:
• DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites.
• DRC will provide management and oversight for County designated temporary
debris sites to manage traps prior to appropriate disposal. No traps or trap parts
shall be disposed of offshore. Designated temporary debris sites can be at fish
houses or commercial fishing related facilities.
• Determine locations of significant lobster trap debris in an area from Key west to
Key Largo and the Monroe County portion of the "Eighteen Mile Stretch," to
include municipalities. No effort should be made to assess the area within the
bounds of Everglades National Park. Assessment of debris locations should not
extend beyond %Z mile fiuther toward the ocean or gulf from the islands connected
by U.S. highway 1, unless there are known shallow water fiat areas which may
harbor trap debris. In addition, a less detailed assessment of the existence of
lobster trap debris should be completed for the area ten miles (plus or minus) west
of Key Nest.
• Traps to be removed will include only those that have washed up on shallow
water "flats" in the Keys or which otherwise exist in the near shore environment
of the Keys and are tangled with other trap material (trap lines particularly); such
that these traps cannot be construed as being active or functional for "fishing."
• DRC will provide supervision and project oversight as required by FEMA, the
State of Florida, and the County in conjunction with County staff and/or a
monitoring firm employed by the County. Monitoring will include determination
of actual trap removal counts of complete or partial traps and coordination with
FEMA, the State of Florida, or Monroe County for verification of such counts.
Exltibit A
4/21/2010 - 1 -
• Monroe County will maintain an independent monitoring team representing the
County as the project applicant.
• DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FE A, the State of Florida, and the County.
• DRC through separate sub -contracts) will accept the assistance of any other
valid, qualified contractor as needed to assist in this project. DRC reserves the
right to solely determine if the sub -contractor in question is qualified to
participate in this project.
Cmal ad Neer Shore iris CIN&Li2
DRC will be responsible for managing the removal and disposal of marine debris in
manmade canals which has resulted from the impacts of the 2005 and subsequent
hurricane seasons within the life of the Agreement. Efforts are to include the
identification of locations in the water of where significant marine debris exists,
contracting with local marine contractors to, locate, remove, and dispose or marine
debris, and oversight of field operations for the project.
Detailed Responsibilities:
• DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
• Management and oversight of County designated temporary debris sites for
storage of marine debris prior to appropriate final disposal.
• Determine locations of marine debris in manmade canals within an area to include
Key West to Key Largo and the Monroe County portion of the "Eighteen Mile
Stretch," to include the municipalities. The definition of manmade canal shall be
that found in the Monroe County Code of Ordinances as follows:
Man-made water body means a water body that was created by excavation by mechanical
means under human control and shall include a canal, cut basin, or channel where its
edges or margins have subsequently been modified by natural forces (See Definitions,
Chapter 9.5-4 (M-4).
(1) For the purposes of this chapter, such water bodies may have natural components, for
instance a channel or canal may have been dredged such that the dredge material was
used to create land on one side, but not the other, thus leaving a relatively natural
shoreline on the opposite side.
(2) Also for the purposes of this chapter, the man-made water body must have
"Buildings, " as defined in Chapter 9.5-4 (B-9), along its shoreline to be applicable. If
buildings are not present on a given shoreline on the date of adoption of this ordinance,
but such buildings are constructed at a later date, then this ordinance becomes effective at
that time.
Exhibit A
4/21/2010 - 2 -
• Assess total potential volume or appropriate metric (linear feet of canal, tons, etc.)
for the amount of marine debris likely to be removed and disposed of. Marine
debris should include such material that is visible on or just under the waters
surface and that would cause a hazard to safe navigation or be a potential risk to
human health if not removed. Such marine debris should not be debris attached to
personal property unless permission is provided to remove such debris. An effort
should be made to contact a property owner to obtain permission to remove
material that is obviously debris, but which may be tied or otherwise affixed to
land for reasons of maintaining clear navigation.
• Complete Contracts for Service with local marine contractors to remove debris
from manmade canals located in the project work area.
• DRC will provide supervision for project oversight efforts as required by FEMA
or the Natural Resources Conservation Service (NRCS) (U.S. Department of
Agriculture), the State of Florida, and the County in coordination with County
staff and/or a monitoring firm employed by the County.
• Monroe County will maintain an independent monitoring team representing the
County as the project applicant.
• DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA or MRCS, the State of Florida, and
the County
Ab vas R►v�erv-=d MM
DRC will be responsible for mansg9 g the removal from the water, impound and auction
or disposal, of abandoned vessels surrounding the Florida Keys which are largely, but not
exclusively, the result of impacts of the 2005 and subsequent hurricane seasons wig the
life of the Agreement. Efforts are to include the detailed cost assessment for the removal
of larger vessels which are located in shallow waters and are hard aground. work will
also include obtaining necessary salvage approvals through applicable state and federal
agencies, including the Florida Keys National Marine Sanctuary, the United States Coast
Guard, the U.S. Fish and Wildlife Service, and the Florida Fish and Wildlife
Conservation Commission.
Detailed Responsibilities;
• DRC will be responsible for locating appropriate Temporary Debris Sites and
Reduction Sites
• Determine current locations of rein ' 'ng abandoned vessels and determine the
least costly approach for salvage or disposal as app., ate. Maps provided show
approximate location of vessels after Hurricane Wilma. Additional information
may be available concerning their current disposition.
Exhibit A
4/21/2010 - 3 -
• In the event of future storms and similar impacts, staff will work with DRC to
locate and map vessels and other marine debris post each event. Such products
will supplant the maps provided herein.
Exhibit A IL
4/21/2010 - 4 -
Exhibit A
4/21/2010 - 5 -
• Management and oversight of County designated temporary debris sites for
storage of marine debris prior to appropriate final disposal.
• Assess total potential value of the removal operation whether by means leading to
disposal or by means appropriate for salvage and sale for cost.
• Work with local, state, and federal agencies to approve salvage plans for vessels
that are located on sensitive marine or wetland resources, including shallow water
seagrass areas and mangrove communities.
• Prior to ultimate removal from the marine environment, reach agreement with
local, state, and federal agencies on which abandoned vessels will be "eligible"
under FEMA's eligibility guidelines.
• Prior to ultimate removal from the marine environment, reach agreement on
which vessels will be removed for disposal and which will be removed to a
holding site for cost recovery through sale to an original owner or auction.
• DRC will provide supervision for project oversight efforts as required by FEMA
and the County in conjunction with County staff and/or a monitoring firm
employed by the County.
Exhibit A AV
4/21/2010 - 6 -
• Monroe County will maintain an independent monitoring team representing the
County as the project applicant.
• DRC will be responsible for all project oversight where salvage plans have been
applied for and approved and necessary salvage criteria or constraints are imposed
by approving agencies.
• ON
DRC will be responsible for the management of all project expenses and billing
documentation as will be required by FEMA and the County
Exhibit A
4/21/2010
ET B
FEE SCHEDULE FOR MARINE TRAP, VESSEL, CANAL CLEAN-UP,
MARINE DEBRIS AND DERELICT VESSELS
Cost per Tray Removed
Shallow Water (0-2') Channels (2' plus)
$ 51.00 43.70
1. All traps and trap parts collected will be brought in to Temporary Debris and
Reduction ' Sites on land, utilizing fish houses where possible.
2. When possible, the Contractor will work with local commercial fisherman and other
capable and interested parties as sub -contractors for this project.
3. All trap debris will be disposed of at Central Disposal located in Pompano Beach.
Disposal costs will be a pass through, and reflect the actual cost of disposal at that
designated disposal site.
4. Partial traps will be billed as %2 trap and at %2 the cost noted above. Counts of
complete or partial traps will be determined by monitoring, as indicated in Exhibit A of
the Agreement.
Canes ftn""S
Costs for Canal Debris Removal
C & D debris removal from canals.
Vegetative debris removal from canals.
Labor and Cost of beat and vessel removal
$ 19.58. per linear foot cleaned
$___19.58 per linear foot cleaned
Boats/Vessels retrieved from the land by means of various equipment. No water borne
equipment.
$ 150.00
per linear foot of vessel
Open Boats and Skiffs up to 18 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Non Salvageable: $ 25.00 per linear foot of vessel
Other Boats/Vessel up to 35 feet in length retrieved from the water by means of various
equipment, including barges, cranes, boats, etc.
Salvageable: $ 150.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Other Boats/Vessel in excess of 35 feet in length retrieved from the water by means of
various equipment, including barges, cranes, boats, etc.
Salvageable: $ 250.00 per linear foot of vessel
Non Salvageable: $ 225.00 per linear foot of vessel
Houseboats and larger vessels that may create some difficulty in removal. because of
location (edge of islands or in the mangroves, hard aground etc. retrieved from the water
by means of various equipment, including barges, cranes, boats, etc.
Salvageable: $�
Non Salvageable;
vessel
per linear foot of vessel
$ 225.00 per linear foot of
Per day fees for storage/dockage for salvaged boats/vessels.
$ 35.00 per unit/daily
Respondent responsible for providing storage / dockage site.
Water based marine debris found outside of canals including offshore collection and
transport to offloading site:
$ 50.00 per cubic yard collected
1. The removal of vessels of special consideration may require unexpected additional
effort and further negotiation may be allowed on a case by case basis.
2. Substantially intact vessels (Greater than 80 %} are considered to be vessels for the
purposes of this fee schedule and will be billed by the linear foot.
Note, in all cases, traps, vessels, and other marine debris:
• Load and haul to TDSRS, any necessary separation and reduction cost, and haul
out to final resting place of trap line, floats, and funnels must be considered in any
price quote provided.
Exhibit S J�]�
4/26/2010 10:43:00 AM 7�
• Tipping fees from final disposal of all canal/waterway debris brought to land will
be a pass through cost to be determined upon designation of final disposal
facilities.
Exhibit E
4/26/2010 10:43:00 AM