Item J3
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 15 August 2007
Division: Growth Management
Bulk Item: Yes -L
No
Department: Marine Resources
Staff Contact Person: George Garrett, 289-2505
AGENDA ITEM WORDING:
Approval of Amendment 2 to the Agreement between Monroe County and DRC, LLC to remove
hurricane related marine debris.
ITEM BACKGROUND:
The BOCC approved the final long term agreement with the firm ofDRC to provide disaster assistance
for the removal of marine debris at its September 2006 meeting. The Agreement currently allows for
pass through invoicing covering tipping fees at the final disposal facility. For Hurricane Wilma, based
upon the "Tipping Fee Project Worksheet (PW) # 9107" authorized by FEMA, the [mal disposal
facilities are the solid waste facilities within Monroe County. During future events, the final disposal
facilities will be outside the County. This Contract amendment allows for the establishment of direct
billing from Solid Waste Management to the Department for tipping fees that would otherwise would
have been paid by DRC and billed to the County secondarily as a pass through cost allowed under the
contract. The amendment makes it clear that this is allowable and that tipping fee invoices can be sent
from and paid directly to Solid Waste Management. No additional expenses will be incurred as a result
ofthis amendment. The cost is covered under FEMA PW # 9107 as noted.
PREVIOUS RELEVANT BOCC ACTION:
June 2006 Award of bid and approval of interim agreement with the firm ofDRC.
September 2006 - Approval of long term agreement with DRC
November 2006 - Approval of Amendment No. 1 - Special case vessels
CONTRACT/AGREEMENT CHANGES:
Amendment to allow direct payment of tipping fees
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $107.484.52 tipping fee est.
BUDGETED: Yes -L No
COST TO COUNTY: $5,374.23 (est. @ 5%)
SOURCE OF FUNDS: FEMAlState
REVENUE PRODUCING: Yes
No -L AMOUNT PER MONTH_ Year
APPROVED BY: County Atty ~~MB/Purchasing -X- Risk Management X
DOCUMENTATION: Included X Not Required_
DISPOSITION:
AGENDA ITEM #
BC070842 DRC AIS
7/17/2007 11 :59:29 AM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: DRC, LLC Contract #_
Effective Date: 06/20/07
Expiration Date: 9/20/11
Contract Purpose/Description:
Amendment #2 to the Agreement with DRC, LLC for disaster assistance in the removal
of storm related marine debris
Contract Manager: George Garrett 2507 Marine Resources / 11
(Name) (Ext. ) (Department/Stop #)
for BOCC meeting on 08/15/07 Agenda Deadline: 07/31/07
CONTRACT COSTS
Total Dollar Value of Contract: $ 107,484
Budgeted? Yes~ No 0 Account Codes:
Grant: $ 104,010
County Match: $ 5,374.23
Current Year Portion: $
125-045915-(Wilma)- _-_
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ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
- - - -
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CONTRACT REVIEW
Changes
Date In Needed ~er
Division Director Z-3/-()1 YesONo[!:f ~
O.M.B.IPurci},;sing 1 -2. ,-l>' YesO No -=--P, . _ _
County Attorney ,A,,>-6.9 YesD NOV~.~
Date Out
7-31-D7
Comments:
OMB Form Revised 2/27/01 Mep #2
l' ... ~
" f '.
AMENDMENT 2 TO
AGREEMENT BETWEEN
DRC EMERGENCY SERVICES LLC
AND
MONROE COUNTY, FLORIDA
FOR PROFESSIONAL SERVICES
This Amendment ("Amendment 2") to the Agreement ("Agreement") made and entered into this
_day of , 2007 by and between MONROE COUNTY, a political subdivision
of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida, 33040, its
successors and assigns, hereinafter referred to as "COUNTY," through the Monroe County
Board of County Commissioners ("BOCC"), and DRC EMERGENCY SERVICES LLC, a
limited liability company organized under the laws of Alabama, authorized to transact business
in the State of Florida, its successors and assigns, hereinafter referred to as "DRC". The word
"parties" shall refer to both DRC and COUNTY.
WHEREAS, DRC was awarded a contract for emergency disaster response for the removal of
marine debris, including lobster traps, canal debris, marine debris including abandoned/derelict
vessels, and other derelict vessels related to the impacts of hurricanes; and
WHEREAS, the Agreement between the parties provides for negotiation of additional terms and
conditions; and
WHEREAS, through negotiation, the parties have agreed that to amend the contract to allow for
direct billing to the County of tipping fees from the final disposal sites incurred during Hurricane
Wilma;
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, COUNTY and DRC agree as follows:
Section 1.
Scope. The COUNTY and DRC, for the consideration named agree to
amend for last full sentence under Exhibit B, Fee Schedule for Marine Trap, Vessel, Canal
Clean-up, Marine debris and derelict vessels to read:
"For Hurricane Wilma, October 2005, final disposal sites were designated to be the transfer sites managed
by the Solid Waste Management Department of Monroe County. Tipping fees incurred by the Department
of Marine Resources under this contract with DRC are a direct cost to the Department of Marine
Resources; the Solid Waste Management Department shall be paid in full in arrears by the Department of
Marine Resources, utilizing funds appropriated through FEMA Project Worksheet No. 9107, for those
tipping fees incurred since October 2005 and through completion of the cleanup. The Department of
Marine Resources shall conclude any documentation to accomplish this payment in full by August 30,
2007, in order to finalize Hurricane Wilma cleanup.
BC070840 DRC Cntrct Amnd 2
7/11/200711:04:00 AM
.. "
.1
'.
In the future tipping fees from fmal disposal of all canaVwaterway debris shall be brought by DRC to
designated fmal disposal facilities on the mainland. Any pass through costs shall be determined upon
designation of final disposal facilities on the mainland. No payments will be made to DRC until the
determination of the disposal sites and the cost has been included in this contract by amendment. The term
pass through refers to the fact that the County will not be charged more than the actual cost of disposal at
the mainland disposal site. DRC agrees not to dispose of any canaVwaterway debris in Monroe County, all
disposal shall be a designated disposal sites on the mainland."
Section 2.
Effective Date. The effective date of this Contract Amendment is upon
signature by both parties. The termination date is established in the Contract to which this is
an amendment.
Section 3.
Contract Otherwise Unchanged. In all other aspects, the Contract
remains unchanged and in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
Atte~: DANNYL.KOLHAGE,CLERK
By:
Deputy Clerk
Date:
Date:
BC070840 DRC Cntre! Amnd 2
7/11/2007 11:04:00 AM
BOARD OF COUNTY
COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor Mario Di Gennaro
Date:
DRC Emergency Services LLC
^^~ 1 ~JA.~
BY: IVVIAI~"'-Yr _____
Authorized to Sign for Corporation
~"R.K S~.f+O~D
Print Name
Date:
7-/3- 07