Item B12
...
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11-22-00
Division: Growth Management
Bulk Item:YESlNO_
Department:Marine Resources
AGENDA ITEM WORDING: Approval ofthe Resolution and the Contract Agreement
between Monroe County and Arnold's Towing for the Emergency removal of
DV3A2891, DV3A3263, DV3A3396, and DV3A3406 located off of the lower Keys,
Monroe County.
ITEM: The Florida Marine Patrol has requested that these vessels be removed as
emergencies. Arnold's Towing was available to remove immediately at $45.00 per linear
foot.
PREVIOUS RELEVANT BOCC ACTION: None
STAFF RECOMMENDATION: Approval
TOTAL COST: $4.185.00
BUDGETED: Yes
COST TO COUNTY: Staff Time Only
BIF
DIVISION DIRECTOR APPROVAL:
Timothy J. McGarry-Division Director, Growth
DOCUMENTATION: INCLUDED: X TO FOLLOW: NOT REQUIRED:
DISPOSITION: - AGENDAITEM#~
MONROE COUNTY BOARD OF COUNTY COl\tMISSIONERS
....
Effective Date: _1_1_
Expiration Date: _1_1 ~
Emergency ~~al_2f DV3A2891,3263 ,3396, & 3406
Contract with:
CONTRACT SUMMARY
Contract #
Arnold's Towing
Contract Purpose/Description:
Contract Manager: Kim McGee
(Name)
4511
(Ext. )
Marine Proiects
(Department)
for BOCC meeting on 11.1 22 I 00
Agenda Deadline: -lil 7 I 00 (GM)
CONTRACT COSTS
Total Dollar Value of Contract: $ 4,185.00
Budgeted? Yes X No Account Codes:
Grant: $ BIF 4 ,185 .00
County Match: $ N/A
Current Year Portion: $ 4.185.00
- NEW
Estimated Ongoing Costs: $
(Not included in dollar value above)
ADDITIONAL COSTS
N/ A Iyr For:
(eg. maintenance, utilities, janitorial, salaries. etc.)
Division Director
Date In
Risk Managem~t J ILl C?-I C G ( )
~Purc~ lL2-W ( )
County Attorney .1~.-,aJ/~ ( ) (
Conunents :
OMB Fonn RevIsed 8/30/95 Me!' 1/2
Date Out
//1 Cta ?~'15
l.L!02J.9?
I.L! M!!-lJ
(
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Growth Management Division
RESOLUTION NO. 2000
RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AUTHORIZING AN ALLOCATION FROM THE BOATING
IMPROVEMENT FUND FOR THE EMERGENCY REMOVAL OF DV3A2891,
DV3A3263, DV3A3396, AND DV3A3406 LOCATED OFF OF THE LOWER KEYS,
MONROE COUNTY.
BE IT RESOLVED, by the Board of County Commissioners of Monroe County,
Florida, as follows:
1. That said Board has been notified of the availability of funds from the Monroe
County Boating Improvement Fund for the Emergency removal ofDV3A2891,
DV3A3263, DV3A3396, DV3A3406 located off ofthe lower Keys, Monroe
County.
2. That the Growth Management Division, Marine Resources-Marine Projects
Section acting for Monroe County has determined the eligibility of this project for
the use of Boating Improvement Funds in the amount of$4,185.00.
3. That said Board hereby directs the implementation of this project by the Marine
Projects Coordinator.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regular meeting of said Board held on day of
A.D., 2000.
MAYOR Shirley Freeman
COMMISSIONER Wilhelmina Harvey
COMMISSIONER George Neugent
COMMISSIONER Nora Williams
COMMISSIONER Mary Kay Reich
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY:
MA YOR/ COMMISSIONERS
(Seal)
Attest:
Clerk
APPROVED AS TO F
AN l L S r'
BY
ARNOLD'S
AUTO & MARINE REPAJR INC.
5540 3rd Avenue, Stock Island
Key West, FL 33040
(305) 296-3832
FAX 292-9882
October 25, 2000
Dear Kim,
Arnold's Towing is available to immediately remove and legally dispose of the following derelict vessels:
DV3A2891
DV3A3263
DV3A3396
DV3A3406
Our price is $4,185.00, which is based on total footage at $45.00 per linear foot.
Thank you.
c;r;:-; W {l4
../ Richard W. Arnold
CONTRACT AGREEMENT
AGREEMENT, MADE THIS day of 2000, by and
between, Arnold's Towing ("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 as
required by the Specifications for the emergency removal of DV3A289 I, DV3A3263, DV3A3396,
and DV3A3406 for which Florida Marine Patrol Derelict Vessel Reports are attached as Exhibit
A.
2. The work to be performed under this contract must be completed by November 30.
2000.
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. 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 $ 4.185.00 for the removal and legal disposal of
DV3A289I, DV3A3263, DV3A3396, and DV3A3406. Payment will be upon completion of work
by the Contractor and review and approval by the Marine Projects Coordinator.
5. The attached Derelict Vessel Reports, 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.
1
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
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 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 shall be liable to the Board for $100 per day of
liquidated damages for each day after 11-30-00 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 VLl, WCl,
WCJA, GLl, WLl, & POLl attached as Exhibit C. All policies must list Monroe County as
additional insured with the exception of the Worker's Compensation policy.
2
..,
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. 0 I 0-1990 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
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
Deputy Clerk
By:
Mayor/Chairman
By:
Witnes'i4~ Bus~-iJjtjUOUW'::')
Wrtues :__ By:~ t</ ~_
i APPROVE Title: (j)~ / ~
AN L D AS TO FORM I
L SU FIe N. .
BY
R08ERT N 'NI'I
DATE It) - 3/: d)(J 3