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Item M08 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 Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of DV3A3618 located off of Marathon. ITEM BACKGROUND: This vessel was the last remaining derelict vessel in the area that the Contractors were working in. They agreed to remove and dispose of for $3500. PREVIOUS RELEVANT BOCC ACTION: New Contract CONTRACT/AGREEMENT CHANGES: N/A STAFF RECOMMENDATIONS Approval TOTAL COST: $3.500.00 BUDGETED: Yes ~ No 0 COST TO COUNTY: Staff Time Only 100% Grant Funding DIVISION DIRECTOR APPROVAL: DISPOSITION: AICP TO FOLLOW 0 NOT REQUIRED 0 AGENDA ITEM #: ./11/ DOCUMENTATION: INCLUDED ~ MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY. Contract with: Blue Water Marine COntract # Services, Inc. Effective Date: Expiration Date: Contract PurposelDescription: Removal of-- -, R - . nff "I' U . Contract Manager: Kim McGee 4511 . ~ (Name) (Ext. ) (Department/Stop #) Marine Projects Section for BOCC meeting on 11-6-{) 2 A2enda Deadline: 11-20-{)2 19 CONTRACT COSTS Total Dollar Value of Contract: $ 3 .500 Budgeted? Yes(!] No 0 Account Codes: Grant: $ 3,500 County Match: $ lIT I A Current Year portion: $ 1 . 'inn 125 - 5370 - 61'i 1"r 'i1nl1(t0 GB0212-530340 ADDmONAL COSTS Estimated Ongoing Costs: $ lJ I A Iyr For: (Not included in dollar value above) . (eil. maintenance. utilities. ianitorial salaries. ete.) CONTRACT REVIEW Changes Date In Needed Division Director III ~ 1 ~ Y esO No~ Risk Management \" \ ',rk_ YesO NoD O.M.B./Purchasing \L I:J\\~L YesO No~ County Attorney / C/2- f I 02-- Y esO N~ Comments: Date Out U/G/1Il- OMB Form Revised 2/27/01 Me? #2 CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2002, by and between, Blue Water Marine Services, Inc. ("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 DV3A3618 located off of Marathon for which a F.W.C.C. Derelict Vessel Report is attached as Exhibit A. 2. The work to be performed under this contract must be completed by November 30, 2002. 3. The Contractor understands the rules of the Florida Fish and Wildlife Conservation Commission 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 $ 3.500.00 for the removal and legal dispose of DV3A3618. 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, 1 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 employees or agents. The purchase of the insurance required in paragraph 11 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 initiation 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 shaIl be liable to the Board for $100 per day of liquidated damages for each day after 11-30-02 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. 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 VL I, WC 1, WCJA. GL I. WL I. & 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 2 contract without liability and may also, in its discretion, deduct from the contract or purchase 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 Witness: 4/ -./-"\ / ':\ . r~- J' .' , }J , --c" Busmess N~e: /~ "",Ubi./ L0~1- <~ "j-fl-fH', _ _),./<./. r<.: e-' . . Witness: 7{ W~ By: / --.,..,., ". .:"';. ..L'<--- \~ \...; ). .--- L'Lt'"-"\./':"-' , /! '_/ Title: ~-.,.;/_ / ~ t'L::--- ,., -' EXHIBIT A ., ~ ,. ", ~ ,'" .. . .. f DERELICT OR ABANDONED VESSEL REPORT DV# 3(0 J- B or AV# INCIDENT # 02-SE- ~ 501 D ..;. REGIDOC## lJto...l~ LENGm~FT. MAKE \ \~~ CURRENfLYREGISTERED? YES_NO.Jo:: LAST REGISTERED DATE u....JlL.. H.I.N. t :l,.J\L. '~N? NO_ YES_ WHATCOUNTRY? I-lULL MATERIAL: WOOD_F/G~TAL(sI'ECIFY) RUBBER_ OTIffiR(sPEclFY) L.OR '^l...... I-T"t= MOTORATIACHED? ,NO.&.o=-YES_ OIB_UO_IN_HOWMANY? . ~ NAME, WORD, DISPLAY OR OnIER IDENTIFIERS? ~r""'I"""I";;' STODIAN OR OWNER I \ ~ IL... "-l .-., v.J ~ DA1E OF BIRTIl , DRES5<nO~lD.L.OR.MOSTCUIWNIl I H...l~ CITY/STATFJZIP proVER'S L1CENSE## . L.h...._H~- S1S#. OTHERlD VESSEL'S PHYSICAL LOCATION ~~,... Ot I '~A r l!l......'A' -~ ~~ Av#&o \..(.. MARKER 'b ' NEARESTLANDMARK l",J"'d.C 01 . H..~ LATILONG"7AoA..~ ~~AIoJ. ~t. n,.., 0'2.,..., ,^-J DERELICT VESSEL CONDITION: WRECKED~ JUNKEDJo:::;::. SUBSTANTIALLY DISMANTLED 1- ABANDONED...w::: SUNK- BROKENUP..-.PARTOFA VESSEL_ BURNED_ CAPSlZED_LISTING_ SCUITLED_ FULL OF HOLES_ FILLED WIm WEIGHf_ FUlL OF WATER..-. OTHER NUMBERS ORIDENIlFIERS REMOVED_ VESSEL IS A HEALm~ ABANDONED VESSEL CO~1TION: ABANDONED...Jo:::. INOPERATIVE.-W= PARTIAllYDISMANTLEDJ- NO APPARENT INTRINSIC VALUE '-"" PERSONAL ITEMS ONBOARD_ OTIIER VESSEL IS: AFLOAT_ ADRIFT_ AGROUND~ WASHEDASHORE.k=- INWE1LANDS..s- DOCKED_ PULLED ONSHORE_ ANCHORED_ TIED TO OBJECT(sPEClFY) z: ToF-SC:::: CAUSED BY: NATURAL DISASTER_ UNKNOWN ...-OTIIER SUBMERGED G;,~ % DEPTH 4- FEET DAMAGING SUBMERGED LAND: NO_ YES_ UNK....- INJURING BENTHIC COMtvillNITY: NO_ YES_ OTIIER: L.l'- ""II.- OTHER PROPERTY DAMAGE: NO_ YES_(EXPLAIN) U~l, I)ROPERTY OWNER: STATE SUBMERGED LAND.-- FEDERAL_ OUIER OWNER/ADDRESS TYPE r ^ Po I t-.1 STATE NAVIGATION HAZARD: NO_UNK_ YES..,k:::..(EXPLAIN) ~I ~.. ",dG l""1">.., ,IH - ....,..... l \f....u.-.-~ \ TOWED WITHOur REPAIR: NO~_ YES_ (EXPLAIN) ENVIRONMENTAL THREAT: NO_ UNK~S_(EXPLAlN) - RECOMMENDED DISPOSITION: LEAVE AS IS_ REMOVE FROM WATER-==- TAKE TO LANDFILL L-- CREATE MARINE BABITA T_ HAVE OWNER/CUSTODIAN REMOVE_ OTIIER NARRATIVEIDILIGENTSEARCH: .....\C'"' 1....... \",-^~.:=(2..~ - 1'4""" \r'"'};::;~-r'I~\l=~C; "* ~.5Fh ,..-. B--. 'n'V gA.- 3l ~5 . REPORTING omCER& ID# "'""" Y,r F~'= I r>PF2 85,,-.. """"~..""'''' ~- ~o. ""-> -- OFFICER'SAGENCY&ADDRESS ~a("-q _(~ ~ DA1E~.7~ .'0"2- REVlEWEDBY._ Jr./~Jl.c~,~~(D ","",/n4-d7//C= DATE ~/7o/,v. FWCJDLE~' . .. .., .-- ~~ . Y'~:::~ fim"" ~ 'r. .~~ 7 ;. :t~ .. ., " .r:" .\ .... ~ I ,.: DERELICT or ABANDONED VESSEL # -SE- 3(; 1. f> D & , -i .vCATION: REPORTL'iG OFfiCER & AGE:\CY: fV,C,UU..cJS DATI: -.--.. . .. . .""" y ~V) /. . ::> :a ~ .... . .... - .. ., .... . 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