Item M05
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11-20-02
Bulk Item: Yes ~ No 0
Division: Growth Manaoement
Department: Marine Resources
AGENDA ITEM WORDING: Approval of the Contract between Monroe County and
Spirit Marine Towing & Assistance for the removal and disposal of a 42' derelict vessel
and marine debris located off of Marathon.
ITEM BACKGROUND: This abandoned vessel was threatening to sink and spill fuel
and needed to be removed immediately. Spirit was in the area with equipment and
agreed to remove and dispose of immediately for $6,500.
PREVIOUS RELEVANT BOCC ACTION: New Contract
CONTRACT/AGREEMENT CHANGES: N/A
STAFF RECOMMENDATIONS Approval
COST TO COUNTY: Staff Time Only
BUDGETED: Yes ~ No 0
BIF
TOTAL COST: $6,500.00
REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER: MO $ YR $
APPROVED BY: COUNTY A TTY~ OMB/PURCHASING RISK MANAGEMENT~
DIVISION DIRECTOR APPROVAL:
AGENDA ITEM #:
NOT REQUIRED 0
./)J)
DOCUMENTATION: INCLUDED ~
DISPOSITION:
TO FOLLOW 0
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACf SUMMARY.
Contract with: Spirit Marine Towin2 COntract #
& Assistance Effective Date:
Expiration Date:
Contract purposelDescription:
Emergency removal of marine debris/derelict vessel- -.
Contract Manager: Kim McGee 4511 Marine -
(Name) (Ext. ) (Department/Stop #)
Section 19
for BOCC meetinl! on 11-20-02 A2enda Deadline: 11-6-02
CONTRACf COSTS
Total Dollar Value of Contract: $ 6,500.00
Budgeted? Yes[] No 0 Account Codes:
Grant: $ BIF
County Match: $ N/ A
Current Year portion: $ 6 .500.00
157 - 62600 'i10 - 140 -
ADDmONAL COSTS
Estimated Ongoing Costs: $ N/Alyr For:
(Not included in dollar value above) (etL maintenance. utilities. ianitorial salaries. etc.)
CONTRACf REVIEW
Changes
Date In Needed _ ./
Division Director 111 ~J lfl...-"'YesD No[9" -
Risk Management \ \ I i C,'';+-- Y esD NoEl l
O.M.B./Purchasing IL-I-~ \CLYesD No[9/ ;
I
County Attorney ! C / Z- C;/02- Y esD No~
Date Out
Comments:
IlIff (/L-
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II - )<:..1-j--
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OMB Form Revised '2J27/01 MCP #2
CONTRACT AGREEMENT
AGREEMENT, MADE TillS day of 2002, by and
between, Spirit Marine Towing & Assistance ("Contractor"), 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 perform all the work required to remove
and legally dispose of marine debris/derelict vessel, photos are attached as Exhibit A.
2. The work to be performed under this contract must be completed by November 22, 2002.
3. The Contractor understands the rules of the Florida Department 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. Monroe County's performance and obligation to pay
under this Agreement is contingent upon an annual appropriation by the Board. The Contractor
understands both the intent and the requirements of the Specifications, attached as Exhibit B.
4. The Board shall pay the Contractor $ 6.500.00 for the removal and legal disposal of marine
debris/derelict vessel identified in Exhibit A. Payment will be upon completion of work by the
Contractor and review and approval by the Marine Projects Coordinator.
5. The attached Derelict Vessel Report, Specifications, and the Monroe County Insurance
Requirements together with this Agreement, form the Contract. They are fully a part of this
Contract as if repeated herein verbatim.
6. The Contractor covenants and agrees to indemnify and hold harmless 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
reason of services provided by the Contractor or any of its Subcontractor (s) in any tier, their
1
employees or agents. The purchase of the insurance required in paragraph II does not vitiate this
indemnification provision.
7. The 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 will be responsible for the camera,
film, and development costs.
8. The Contractor must inform the County and the Florida Marine Patrol prior to mitiation of
work.
9. The parties agree that a timely performance 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 11-22-02 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.
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.
II. 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, WCI,
WCJA, GLI, WLI, & POLl attached as Exhibit 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 prohibition 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
contract without liability and may also, in its discretion, deduct from the contract or purchase
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price, or otherwise recover the full amount of any fee, commission, percentage, gift, or
consideration 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 perform work as a contractor, supplier, subcontractor, or
consultant under a contract with any public entity, and may not transact business with any public
entity in excess of the threshold amount 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.
IN WITNESS WHEREOF each party hereto have executed this Agreement the day and
year first written above.
(SEAL )
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
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Witness:
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By: ,. VA- (~ -"
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Witness:
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Exhibit A