2nd Amendment 07/19/2017Kevin Madok, CPA
Clerk of the Circuit Court & Comptroller — Monroe County, Florida
DATE: August 2, 2017
TO: Rich Jones, Sr. Administrator
Marine Resources
FROM: Pamela Han k, .C.
SUBJECT: July 19th BOCC Meeting
Attached is a duplicate original, of each of the below, for your handling.
I9 Amendment No.2 between Monroe County and Blue Water Marine Services, Inc., providing for
removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off -
premises marine signs from vessels or floating structures, and to remove, relocate, store and/or
dispose of vessels or floating structures exhibiting off - premises marine signs.
I10 Amendment No.2 between Monroe County and Coffm Marine Services, Inc., providing for
removal and disposal of non - derelict vessels, and to cover, remove, store, and/or dispose of off -
premises marine signs from vessels or floating structures, and to remove, relocate, store and/or dispose
of vessels or floating structures exhibiting off - premises marine signs.
I11 Amendment No.2 between Monroe County and Lower Keys Marine Towing and Salvage, Inc.,
providing for removal and disposal of non - derelict vessels, and to cover, remove, store, and/or
dispose of off - premises marine signs from vessels or floating structures, and to remove, relocate,
store and/or dispose of vessels or floating structures exhibiting off - premises marine signs.
I13 Amendment No.2 between Monroe County and ASAP, Inc., providing for removal and disposal
of non - derelict vessels, and to cover, remove, store, and/or dispose of off- premises marine signs
from vessels or floating structures, and to remove, relocate, store and/or dispose of vessels or floating
structures exhibiting off - premises marine signs.
Should you have any questions, please feel free to contact me at extension 3130.
cc: County Attorney
Finance
File ✓
KEY WEST
500 Whitehead Street
Key West, Florida 33040
305- 294 -4641
MARATHON
3117 Overseas Highway
Marathon, Florida 33050
305 - 289 -6027
PLANTATION KEY
88820 Overseas Highway
Plantation Key, Florida 33070
305- 852 -7145
PK/ROTH BUILDING
50 High Point Road
Plantation Key, Florida 33070
305- 852 -7145
AMENDMENT NO.2 TO CONTRACT
BETWEEN ASAP, INC.
AND MONROE COUNTY, FLORIDA
THIS AMENDMENT TO CONTRACT is made and entered into this 19th day of July,
2017 between Monroe County Board of County Commissioners (hereinafter "COUNTY" or
"BOCC ") and ASAP, Inc.
WITNESSETH:
WHEREAS, on June 19, 2013, the parties entered into a non - exclusive Contract (Contract)
for three years for the removal and disposal of derelict vessels, floating structures, and marine
debris; and
WHEREAS, the Contract was amended on May 18, 2016, extending the Contract for an
additional two -year term through June 30, 2018; and
WHEREAS, the Contract provides for removal and disposal of derelict vessels, floating
structures and marine debris; and
WHEREAS, the County desires to utilize the Contract to also provide for the removal and
disposal of vessels which are not deemed derelict as applicable; and
WHEREAS, the County desires to utilize the Contract to also provide for the removal,
covering, or dismantling of off - premises signs on vessels or floating structures as applicable, and to
provide for the removal, disposal, relocation and storage of vessels and floating structures
displaying off - premises signs as applicable; and
WHEREAS, the undersigned parties desire to enter into this Amendment No.2 including
the above described provisions;
NOW, THEREFORE, IN CONSIDERATION of the mutual covenants contained herein the
parties agree to as follows:
The June 19, 2013 Contract is amended as follows:
Section 1. SCOPE OF SERVICES
The CONTRACTOR shall do, perform and carry out in a professional and proper manner the
project including certain duties as described below.
Duties consist of retrieval, removal, refloating and /or demolition and disposal of derelict vessels,
floating structures and marine debris. Duties may also include 1) removal and disposal of non -
derelict vessels, as applicable, and 2) to cover, remove and /or dismantle off - premises marine signs
from vessels or floating structures, and, or to remove and dispose of, or relocate and store off -
premises marine signs, or vessels or floating structures with off - premises marine signs, as
applicable. This includes proper reclamation and disposal of associated hazardous waste and
cooperation with law enforcement where needed to properly preserve evidence using photographs
and other methods of preservation as directed by law enforcement. The project will be made up of
individual jobs authorized by task order consisting of retrieval, removal, demolition and disposal of
a vessel(s), floating structure(s) or marine debris located on the land or in the waters of Monroe
County, or adjacent thereto, as requested by the COUNTY. The CONTRACTOR will be
responsible for supervision of each job from beginning to end including the scheduling, labor,
monitoring, providing necessary equipment and reporting progress to the County designee in the
Marine Resources Office.
When a vessel, off - premises marine sign, derelict vessel, floating structure or marine debris is
identified, the COUNTY will contact CONTRACTOR(s) in the applicable geographic area and
provide the details of the job; details shall include, but not be limited to the location of the job, the
nature of the debris, the size of the vessel or floating structure, whether the vessel or floating
structure is constructed of wood, fiberglass, concrete, metal, and whether any hazardous materials
are known to be aboard. The CONTRACTOR will then contact the COUNTY in writing with a price
for the cost of the job, and the time in which the CONTRACTOR is able to respond, a description of
the job and the time needed to complete the job. The COUNTY will promptly choose a
CONTRACTOR and assign the particular job. At no time will any CONTRACTOR be authorized to
undertake a job without the express authorization of the COUNTY, in the form of a Task Order. In
the event of an emergency job, such as a fuel leak or hazard to navigation, the CONTRACTOR will
provide a quote via e-mail as soon as possible, and the COUNTY may choose a CONTRACTOR
the same day as the pricing request in order to expedite the job.
The CONTRACTOR will provide all necessary and adequate equipment to complete the task
including vessels, vehicles, personnel and protective equipment. The CONTRACTOR will provide
all materials needed to accomplish the assigned job, including necessary equipment for proper
handling of hazardous materials and will strictly adhere to all precautionary and safety
requirements. CONTRACTOR shall be responsible for the job site at all times during the work.
CONTRACTOR is required to have active licenses required to fulfill the requirements of each
particular job.
The CONTRACTOR is required to be familiar with, and shall be responsible for, complying with all
federal, state, and local laws, ordinances, rules, and regulations that in any manner affect the work
and the marine environment. CONTRACTOR agrees to immediately abide by the orders to stand
down or stop work if advised to do so by any county, state or federal agency. If required to stand
down by any state or federal agency the CONTRACTOR shall notify the COUNTY as soon as
possible. It is the CONTRACTOR's responsibility to ensure that he removes the correct vessel,
floating structure, or marine debris.
Prior to any work on the vessel, floating structure or marine debris, the CONTRACTOR shall take
representative photographs including the exterior (capturing any unique or identifying features such
as registration numbers or name) and interior (if applicable) at the initial site. Representative
photographs shall be taken during the removal and again at the dump site prior to demolition. The
CONTRACTOR shall not be required to take interior photos of the vessel if, in the best judgment of
the CONTRACTOR, it is not safe to do so. Photographs should be properly dated, indicate the
name of the person taking the photographs, and a complete set of the photographs shall be
provided to the COUNTY with invoicing. Photographs are considered to be an integral part of the
work.
CONTRACTOR shall remain responsible for supervision of all employees and shall ensure
compliance with all applicable safety procedures. Any drinking of alcoholic beverages before or
during the job is strictly prohibited. Violation of safety procedures, federal, state, and local laws,
ordinances, rules, and regulations, or drinking of alcoholic beverages before or during the job will
2
constitute cause for immediate termination of the contract.
All of the other terms, covenants, conditions, and provisions of said original Contract and
subsequent Amendments, except those expressly modified and rendered inconsistent by this
Amendment, remain in full force and effect and binding upon the parties.
3. Each party agrees that they have authority to execute this Amendment on behalf of each party
and represents and warrants that such person has the full right and authority to fully bind such
party to the terms and obligations of this Amendment.
4. This Amendment is binding on the successors and assigns of the parties.
(Remainder of page intentionally left blank)
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IN -,WITNESS WHEREOF, the parties have set their hands and seal on the day and year
first above vtten.
i
4 S
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i t A T .,`• It
; KEVIl'MADOK, CLERK BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
A6 -
Deputy Clerk Ma or /Chairman
WI SES:
1.
PrinWame: ew 11)' IS01r
2.
Print Name: V wSS a, Ma Zcz
STATE OF 1 � 7 01
COUNTY OF 0Y) cm,
f_I I
On this a? 3 day of 1 �` ►'�.
subscribed above, and who produced
as identification, acknowledged
that he /she is the person who executed the above Contract for the purposes therein contained.
Notary Public
,e'r'r,, 1 =mill► �. Burk @l
Print Name a COMMISSION ¥ FF158717
EXPIRES: Nov. 19, 2018
My commission efC o YYNfW.AARONNoTARY.com
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ASAP, Inc.
By:
Print me:
Title: �r¢S. At 4
MONROE COUNTY ATTORNEY
APPROVED AS TO FORM
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PETER MORRIS
ASSISTANT CO NTY TTORNEY
Date:._.
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