Item M03
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11-20-02
Bulk Item: Yes ~ No 0
Division: Growth ManaQement
Department: Marine Resources
AGENDA ITEM WORDING: Approval of the Amendment to the Agreement between
Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3579
located off of Key Largo.
ITEM BACKGROUND: Due to unexpected work load delays the Contractor was unable
to remove this vessel by the contract expiration date and requested additional time to
complete.
PREVIOUS RELEVANT BOCC ACTION: Contract approved 1-17-02.
CONTRACT/AGREEMENT CHANGES: Time Extension.
STAFF RECOMMENDATIONS Approval
TOTAL COST: $5.100.00
BUDGETED: Yes ~ No 0
COST TO COUNTY: Staff Time Only
100% Grant Funding
REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER: MO $ YR $
DIVISION DIRECTOR APPROVAL:
ISK MANAGEMENT~
APPROVED BY: COUNTY A TTY~ OMB/PURCHASING
DOCUMENTATION: INCLUDED ~
DISPOSITION:
TO FOLLOW 0 T REQUIRED 0
AGENDA ITEM #: M3
MONROE com-rfY BOARD OF COUNTY COMMISSIONERS
CONTRACT sUMMARY.
Contract with: Blue Water Marine Contraet #
Services, Inc. Effective Date:
Expiration Date:
Contract PurposelDescription:
Amendment to the Agreement for a Time Extenc.; nn
Contract Manager: Kim McGee 3911 u . ~
(Name) (Ext. ) (Department/Stop #) 19
Marine Proejcts Section
for BOCC meeting on 11-20-02 A~enda Deadline: 11-6-02
CONTRAcr COSTS
Total Dollar Value of Contract: $ 5,100.00
Budgeted? Yes[i1 No 0 Account Codes:
~:$ 5.100.00
County Match: $ N/ A
Current Year portion: $ 5.100.00
125 - 5370-61~1~~490 GB0212-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: $ N/A Iyr For:
(Not included in dollar value above) (esz. maintenance. utilities. ianitoriaL salaries. etc.)
CONTRAer REVIEW
Changes
Date In Needed
Division Director IJ I ~l~ YesO Not::r
Risk Management \ \ \ \ Ie ~)--Y esO NoQ-
O.M.B.lPurchasing \ c\:,kx:esoNocY l~ cO
County Attorney ; (} / z. '? Iv z.. YesO NoJ'P ~
Comments:
Date Out
" ~
"..,./#/'
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OMS Form Revised 2127/01 Me? #2
AMENDMENT T 0 AGREEMENT
THIS AMENDMENT TO THE AGREEMENT is made and entered into this
day of 2002, between the County of Monroe, hereafter
County, and Blue Water Marine Services, Inc., hereafter Contractor, in order to amend
the agreement between the parties dated, a copy of which is attached to this amendment.
The County and Blue Water Marine, Inc., amend section 2 and 9 of the January
17, 2002 agreement as follows:
2. The work to be completed under this contract must be completed by May 31,
2002.
9. The parties agree that a timely performance of this agreement is essential due
to possible damage to the natural resources, hazards to navigatio~ or threats
to human health and welfare. Therefore, the parties agree that the Contractor
shall be liable to the Board for $100 per day of liquidated damages for each day
after 5-31-02 that the Contractor's obligations under this agreement remain
unperformed. The parties agree that such amount is by the way of
compensatory damages and does not constitute a penalty.
IN WITNESS WHEREOF, the parties have here on to set their hands and seal, the
day and year first written above.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor / Chairman
(Seal)
Attest: Danny L. Kolhage
Blue Water Marine Services, Inc.
By:
By: (l L 'jJ )*'''7
.. -
Title: ~;t.;;--r./'
,
Witness: - ,/
'/-'. I~-
(--,,/ I'~ _) ~ /
Witness: ~ ~~
APPROVED AS TO FORM
~.L N.
ROBER
DATE 1~-z-9~ z..
10/21/2002 14:57
3052'353663
CLERK OF COURr
CON~T AGREEMENT
AGREEMENT. MADE TInS t1 day of JAtJ
2002, by and
between, Blue Water Marine Services. Inc. ("Contractor'}. and the BOARD OF
COUNTY COMMlSSIONERS OF MONROE COUNTY, FLORIDA. of the County of
Monroe, State of Florida ("Board").
The Contractor and the Board, for the consideration named agree as follows:
\. The Contractor shall furnish all the materials and perform all the work required to remove
and legally dispose ofDV3A3S79 located off oiKey Largo for which a F.W.C.C. Derelict Vessel
Report is attached as Exhibit A.
2. The work to be perfmmed under this contract must be completed by March 31, 2002.
3. The Contractor understands the rules of the Florida Fish and WildJife Conservation
Conunission and shalJ comply with those rules, along with the rules and procedures instituted by
the Board to ensure an orderly progress to the project. Monroe County's performance and
obligation to pay under this Agreement is contingent upon an annual appropriation by the Boord.
The Contractor understands both the intent and the requirements of the Specifications. attached as
Exhibit B.
~
4. The Board shall pay the Contractor S 5.100.00 for the removal and legal disposal of
DV3A3S79. Payment will be upon completion of work by the Contractor and review and approval
by the Marine Projects Coordinator.
S. The attached Derelict Vessel Report. Specifications, and the Monroe County lDsurance
Requirements together with this Agreement. form the Conlract. They are fully a part of this
Contract as if repeated herein "erbatUn.
6. The Contractor covenants and agrees to indemnifY and hold hannless the Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal it\jury and property damage (including property owned by the County) and other losses.
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le/21/2ee2 14:57
3e52'353553
CLERK OF COURT
r....vl- ..,~
damages, and expenses (including attorney's &.es) which arise out of, in connection with, or by
reason of services provided by the Contractor or any of its Subconttllctor (5) in any tier, their
employees or agents. The purchase of the insurance rcquind in paragraph 11 does not vitiate this
indemnification provision.
7. The Contractor agrees to supply the County with a set of photographs of cacl1 vessel in all
phases of the removal and disposal process. The Contractor will be responsible for the camera,
ftlm, and development costs.
8. The Contractor must inform the County and the Florida Marine Patrol prior to initiation of
work.
9. The parties agree that a timely perfonnance of this agreement is essential due to possible
damage to the natural resources, hazards to navigation, or threats to human health and welfare.
Therefore, the parties agree that the Contractor shall be liable to the Board for $100 per day of
liquidated damages for each day after 3-31-02 ~ that the Contractor's obligations under this
agreement remain unperformed. The parties agree that such amount is by me way of
compensatory damages and does not constitute a penalty.
10. Due to the use of heavy equipment and, at times, dangerous work environment, the
Contractor understands and agrees to maintain an alcohol an drug free work environment.
11. The Contractor will be responsible for all necessary insurance coverage as indicated by an
"X" on the attached fonns identified as INSCKLST 1-4, as fUrther detailed on fonns VLI, wel,
WCJA, GLl, \\'Ll, & POLl attached as Exlnoit c. All policies must list Monroe County as
additional insured with the exception of the Worker's Compensation policy.
12. The Contractor warrants that it has not employed, retained or otherwise had act on its
behalf any former County officer or employee subject to the probibition of Section 2 of Ordinance
No. 010.1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-
1990. For breach or violation of this provision. the owner may, in its discretion, terminate this
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10/21/2002 14:57
3052'353663
CLERK OF COURT
rMV~ "'oJ
conuact without liability and may also. in its discretion. deduct from the contract or purchase
price. or otherwise recover the full amount of any fee. COIDJIrission, percentage, gift. or
oonsideration paid to the former County officer or employee.
13. A person or affiliate who has been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid on a contract to provide any goods or
services to a public entity. may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work, may not submit bids on leases of real
propertY to public entity, may not per10nn work as a contractor, supplia', subcontractor, or
amsuhant under a contract with 8DY public entity, and may not traDsact business with any public
entity in excess of the threshold amowrt provided in Section 287.017 of the Florida Statutes, for
CATEGORY TWO for a period of 36 months from the date of being placed on the convicted
vendor list.
L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE ~' FLORIDA
By:
Mayor/Cbainoan
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Title:
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