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Item B10 / BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 03-22-01 Division: Growth Management Bulk Item:YESlNO_ Department:Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the emergency repair of channel marker #5 Sugarloafand the removal and disposal of Kemp Channel obstruction daybeacon, Monroe County. ITEM: This Marine Projects Coordinator received several complaints regarding #5- Sugarloafbeing broken off at the water line posing a serious threat to navigation. The Marine Resources Planner suggested that we add the removal and disposal of Kemp Channel obstruction daybeacon to this project for cost savings. Spirit Marine Towing and Assistance was the closest contractor to the area and was available to make immediate repairs for $2,200.00. PREVIOUS RELEVANT BOCC ACTION: None/New Contract STAFF RECOMMENDATION: Approval TOTAL COST: $2.200.00 BUDGETED: Yes . COST TO COUNTY: Staff Time Only BIF REVENUE PRODUCING: YES YEAR - - APPROVED BY:COATTY X OMB/PUR NTN/A DEPARTMENT HEAD APPROVAL: George DIVISION DIRECTOR APPROVAL: Timothy J. McGarry-DivisIon h Management DOCUMENTATION: INCLUDED:-1L TO FOLLOW: - N REQUIRED:_ DISPOSITION: AGENDA ITEM # a. BW "- j MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Contract # - Spirit Marine Towi~ - & Assistance Effective Date: Expiration Date: 3-31-01 Contract Purpose/Description: ~ . n~ . . ~r;. ~ 1 ~ ::Inti ,1 n~ y,","" Channel Obstruction davbeacon. Contract Manager: Kim McGee 4511 1 (Name) (Ext. ) (Department/Stop #) for BOCC meeting on 3-22-01 Agenda Deadline: 3-5-01 (GM) CONTRACT COSTS Total Dollar Value of Contract: $ 2,200.00 Current Year Portion: $ 2,200.00 Budgeted? Yesl!l NoD Account Codes: 157 - 6260~- 53~ 340- Grant: $ --- 2.200.00 (BIF) - - - - -- County Match: $ H/A - - - - -- - - - - - ADDITIONAL COSTS - Estimated Ongoing Costs: $ HI A Iyr For: , (Not included in dollar value above) (eg. maintenance, utilities, janitorial. salaries, etc.) . CONTRACT REVIEW . Date Out Division Director Comments: E: NT. . OMS Fonn Revised 2/27/01 MCP #2 ~'/8'/'99G 88:12 .385-872-1292 SPIRIT MARINE DT PAGE In .. 24 Hr. SmuT ~ VHF Ch.16 Service .. llIARINETOWINGa:~ Our Experience will save you Time .and Money K1m McGee Marine Projects Feb. 1,2001 Work to be peafonnecl: Remove obsttuc:tiOD in Kemp Cbamlel. Remove ~ Pole 15 in SilprtOlf SouDcI aad.JepI8ce it with die pole and lips supplied by the county. . Price for tile above work.... ..$2,200.00 I Sincerely, &~ f::L. . , DUKE PONTIN . P.O. Box 244 .81g Pine Ke" Florida 33043 (305) 872.2752 "- / 5. The attached List, Chart, and Specifications 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 Monroe County Board of the County Commissioners from any and all claims for bodily injury (including death), personal injury, and the property damage (including property owned by Monroe 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 the paragraph 11 does not vitiate this indemnification provision. I 7. The Contractor acknowledges his! her intention to comply with the need to coordinate all work with the appropriate environmental agencies, the U.S. Coast Guard, and the County. 8. The Contractor agrees to supply the County with a set of photographs of the . complete work along with a letter certifying completion of work. The Contractor will be responsible for the camera, film, and development costs. The Contractor also agrees to provide transportation for the Liaison to inspect the completed work. 9. The Contractor understands and agrees that no payment will be made for this project without required photographs and written certification of completion. 10. Due to the use of heavy equipment and, at times, dangerous work environment, the Contractor understands and agrees to maintain an alcohol and drug free work environment. ~ , 11. The CONTRACTOR will be responsible for all necessary insurance coverage as indicated by the an "X" on the attached forins of Exhibit B identified as General Insurance Requirements and INSKLST 1-4, as further detailed on forms WC1, WCJA, GL1, VL1, & WLl. All policies must list Monroe County as additional insured with the exception or the Workers 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 prohtbition 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 I direction, 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 real property to a public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consuhant under a contract with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO ($10,000.00) for a period of36 months from the date of being placed on the convicted vendor list. ~ .. 14. The Board may terminate this Agreement with or without cause at any time upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt of the notice, shall immediately cease work. The Board must pay the Contractor the percentage of the contract price which is satisfactory to the Board up to date the contractor received the notice of termination. 14. This Contract is governed by the laws of the State ofFlorid.a. Venue for any litigation arising under this contract must be in Monroe County. IN WITNESS WHEREOF the parties here to have executed this agreement by the day and year first written above. I (SEAL) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA BY: BY: Deputy Clerk Mayor/Chairman . Witness: <<cA 7/f'~ Business Name: 5/; I! I T M,?fi/N{;i. Wm-: ff j)~ By: &~( /J Title: Y~G'/ ~