Item M04
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11-20-02
Bulk Item: Yes ~ No 0
Division: Growth Manacement
Department: Marine Resources
AGENDA ITEM WORDING: Approval of the Amendment to the Agreement between
Monroe County and Spirit Marine Towing & Assistance to change DV3A3578 to
DV3A3610.
ITEM BACKGROUND: Derelict vessel number 3578 was issued twice to two different
vessels. The F.W.C.C. has requested that we change 3578 to 3610 for accounting
purposes. All conditions of the Contract remain the same with the exception of this
number change.
PREVIOUS RELEVANT BOCC ACTION: Contract approved 3-20-02.
CONTRACT/AGREEMENT CHANGES: Derelict Vessel number change.
STAFF RECOMMENDATIONS Approval
TOTAL COST: $7.880.00
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:
SK MANAGEMENT~
APPROVED BY: COUNTY ATTY~ OMB/PURCHASING
DISPOSITION:
TO FOLLOW 0 NOT REQUIRED 0
AGENDA ITEM #: .JII4
DOCUMENTATION: INCLUDED ~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Spirit Marine Towing COntract #
&: Assistance Effective Date:
Expiration Date:
Contract PurposelDescription:
Amendment to the ARreement for a derelict vessel number change.
Contract Manager: Kim McGee 3911 Marine Resources
(Name) (Ext. ) (Department/Stop #)
Marine Projects 19
for BOCC meeting on 11-20-02 A$l;enda Deadline: 11-6-02
CONTRACT COSTS
Total Dollar Value of Contract: S 7.880.00
Budgeted? Yes[!1 No 0 Account Codes:
~:S 7.880.00
County Match: $ --1!I.A.--
Current Year portion: $ 7 .880 .00
1?~ -~170 -~?~12-~10496 GB0212-530340
ADDmONAL COSTS
Estimated Ongoing Costs: $ N I A /yr For:
(Not included in dollar value above) (esL maintenance. utilities. ianitorial salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director I] I ~ J (J1.-'- Y esO No~
Risk Management \ \. \ f. i ; .J--- YesO NoD-
O.M.B./Purcbasing \L' \:J1\L'1--- YesO NoB /'
County Attorney I C /2 9' Ie 2,YesO N?
Comments:
Date Out
11/ ~ b2-
\[ ) I O~
I
.OZ
:
OMB Fonn Revised 2127/01 MCP #2
Page I of 1
From:
To:
Cc:
Huszagh, Wendy <Wendy.Huszagh@fwc.state.fl.us>
Kim McGee <kmcgee@mail.state.fl.us>
Dion, Steve <Steve.Dion@fwc.state.fl.us>; Russo, Jeffrey
<JEFFREY.RUSSO@fwc.state.f\.us>; Golden, Steve
<Steve. Golden@fwc.state.fl.us>
Date: Thursday, September 05,2002 10:14 AM
Subject: RE: DV361 0 is DV3578
You are right about the two vessels with one number, 3578. But, the Haitian boat actually is 3610. I can call
your finance dept. if need be to straighten this out if you need me to. The real 3578 has been removed also.
For our own records we need to keep the boat 3610. If I need to correspond with a letter to your contractor
and finance dept. please advise.
Have a good rest of the week.
Wendy Huszagh
Derelict Vessel Removal Grant Coordinator
Division of Law Enforcement
850-488-5600 ext. 173
-----Original Message-----
From: Kim McGee [mailto:kmCgee@mail.state.f1.us]
Sent: Wednesday, September 04,20023:32 PM
To: Huszagh, Wendy
Subject: Re: DV3610 is DV3578
I haven't been able to find 3610. The numbers before are in the Marathon area. The 3578 that I have is
a 35' haitian boat in the upper Keys that was removed as an emergency at the request of the Park
Service. I do not believe that the 3578 is suppose to be 3610. I have a contract, quotes, a bill, disp.,
that all say 3578, and I can't change it. My finance department will not pay if it is changed without
redoing everything. I believe what happened was that 3578 was issued to two differant vessels. Advise.
Kim
-Original Message-
From: Huszagh, Wendy <Wendv.HuszaQh@fwc.state.f1.us>
To: Kim McGee (E_mail)<Kmcoee@mail.state.f1.us>
Date: Wednesday, September 04,20021 :12 PM
Subject: DV361 0 is DV3578
You do not need to do a change order. DV 3578 is DV 3610. You have 3610 listed on
Amendment 2 of the grant agreement. The projected cost is listed at $3,500.
09/17/2002
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 Spirit Marine Towing & Assistance, hereafter Contractor, in order to amend
the agreement between the parties dated March 31, 2002, a copy of which is attached to
this amendment.
The County and Spirit Marine Towing & Assistance, amend section 1, and 4 of the
March 31,2002 agreement as follows:
I. The Contractor shall furnish all the materials and perform all the work as
required by the Specifications for the Emergency removal ofDV3A3610 for
which a Florida Fish and Wildlife Conservation Commission Derelict Vessel
Report is attached as Exhibit A.
4. The Board shall pay the Contractor $7,880.00 for the removal and legal
disposal ofDV3A3610. Payment will be upon completion by the Contractor
and review and approval by the Marine Projects Coordinator.
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
Spirit Marine Towing & Assistance
By:
By:
Title: #4 lUnG G t2-
Witness:
( ~-
Witness: \ J L<..
8
ROBERT N, L r
DATE /~ . z..~c;J~
10/21/2002 14:59
3052953553
CLERK OF COURT
PAGE 01/03
CON~T AGREEMENT
AGREEMENT, MADE nns2// day Of~2002, by and
between, Spirit Marine Towblg "AssistaDc:e ("Contractorj, and the BOARD OF
COUNTY COMMISSIONERS 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:
I. The Contractor shall furnish all the materials and pc:rfonn all the work as
required by the Specifications for the eroergmcy removal ofDV3A3S78 for which a Florida Fish
and Wildlife Conservation Commission Derelict Vessel Report is attached as Exhibit A.
2. The work to be performed W1der this contract must be completed by March 31. 2002.
3. The Contractor understands tbe rules of the Florida Departmalt of Environmental
Protection and shall comply with those rules, along with the rules and procedures instituted by the
Board to ensure an orderly progress to the project. Both the intent and the requirements of the
Specifications. attached as Exhibit B. are understood by the Contractor.
4. The Board shall pay the Contractor S 7.880.00 for the removal and legal disposal of
DV3A3578. Payment will be upon completion of work by the Contractor and review and approval
by tbe Marine Projects Coordinator.
5. The attached Derelict Vessel Reports, Specifications, and the Monroe County Insurance
Requirements together with this Agreement, fonn the Contnlct. They are fully a pan of this
Contract as if repeated herein verbatim.
6. The Contractor covenants and agrees to indemnifY and hold bannIess the Monroe County
Board of County Commissioners from any and all claims for bodily injury (including death),
personal injury and property damage (including property owned by the County) and other losses.
damages. and expenses (including attorney's fees) which arise out of, in connection with, or by
I
10/21/2002 14:59
3052953553
CLERK OF COURT
PAGE 02/03
reason of seTVicc:s provided by the Contractor or any of its Subcontractor (5) in any tier, their
employees or agents. The purchase of the imurance required in paragraph II does not vitiate this
indemnification provision.
7. Tbe Contractor agrees to supply the County with a set of photographs of each vessel in all
phases of the removal and disposal process. The Contractor wiD be responsible for the camera,
ftIm. 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 performance of tbis 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 shaH be liable to the Board for $100 per day of
liquidated damages for each day after 3-31-01 that the Contractor's obligations under this
agreement remain Wlperformed. The parties agree that such amount is by the way of
compensatory damages and does not constitute a penalty.
10. Due to the use of heavy equipment 8Dd. at times, dangerous work enviromnent, 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 forms identified as INSCKLST 1-4, as further detailed on forms VLI, Wel,
WCJA. GLl, WLl, & POLl attached as Exhibit C. AU 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 prohibition of Section 2 of Ordinance
No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinan~e No. 020-
1990. F or breach or violation of this provision, the owner may, in its discretion, terminate this
contract without liability and may also, in its discretion, deduct. from the contract. or purchase
2
10/21(2002 14:59
3052953553
CLERK OF COURT
PAGE 03/03
price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration paid to the fonner County officer or employee.
13. A person or affiliate who bas been placed on the convicted vendor list following a
conviction for public entity crime may not submit a bid OIl a conttact 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 8 public building or public work, may not submit bids on leases of real
property to public entity, may not perform work as a contractor, supplier, subcontractor, or
consultant under 8 contract with any public entity, and may not transact business with any public
entity in ~cess of the thresbold amount provided in Section 287.017 of the Florida Statut~ for
CATEGORY TWO for a period of 36 months from the date of being plawed on the convicted
vendor list.
Witness:
7{ 7!l~
Witness:
By:
APPllOV
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