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Item B11 05/02/2001 09:42 305-289-2535 PLANNING DEPT BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 5-17-01 Division: Growth Manaszement Bulk Item:YES-K- NO_ Departmcnt:Marinc Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Arnold's Auto and Marine Repair, Inc. for the Emergency removal of DV3A3302 located at Murray Marina, Stock Island. ITEM BACKGROUND: The Florida Fish and Wildlife Conservation Commission has requested that this vessel be removed immediately. It drifted into Murrays Marina and bumped into several boats prior to it being secured. Arnold's was available to remove and legally dispose immediately for the amount of$918.00. PREVIOUS RELEVANT Boce ACTION: F.W.C.C.-Derelict Vessel Removal Grant approved 9-21-00. CONTRACT/AGREEMENT CHANGES; New Contract STAFF RECOMMENDATION: Approval TOTAL COST: $918.00 BUDGETED: Yes COST TO COUNTY:Staft'Time Only 100010 Grant Funding REVENUE PRODUCING: YES_NOl AMT.PERMO._YEAR APPROVED BY:COATTY X OMBIPURCHASING N/A RIS DIVISION DIRECTOR APPROVAL: AGEMENTN/A DOCUMENTATION: INCLUDED: X TO FOLLOW: NOT REQUIRED: DISPOSITION: - AGENDAITEM#~\ PAGE 07 #;;:;!! 05/02/2001 09:42 305-289-2536 PLANNING DEPT MONROE COUNTY BOARD OF COUNTY COMMISSIONERS PAGE 06 CONTRAcr SUMMARY COntract with; Arnnld'~ COntract # Effective Date; Expiration Date: Kay 31. 2001 Contract PurposelDescription: &aeraencv reJllOval of DV3A3302. Contract Manager: &im McGee 4.511 Va - . - (Name) (Ext. ) (Department/Stop *> for DOCC meetinE on 5-17-01 Allenda Deadline: 5-2-01 CONTRACT COSTS Total Dollar Value of Contract: $ 918.00 Budieted? Yesl!I No 0 Account Codes: ~:S 918.00 COunty Match: S 11/ & . Curmrt Year Portion: $ 918.00 ..!.!L- 5370..62512.530490GB01l2-530340 . - . - ---- . . - - ---- - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $.JJ.JJyr For: (Not included in dollar value above) (ft. maiatmance. utilities. ;lIIitcJriaL sallIries. etc.) CONTRACT REVIEW Date Out Datcln Division Director OMB Form Revised 2/27/01 MCP #2 CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2001, by and between, Arnold's Auto and Marine Repair, 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 as required by the Specifications for the emergency removal of DV3A3302 for which a Florida Fish and Wildlife Conservation Commission Derelict Vessel Report is attached as Exhibit A. 2. The work to be performed under this contract must be completed by Mav 31. 2001. 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 $ 918.00 for the removal and legal disposal of DV3A3302. 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. 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 shall be liable to the Board for $100 per day of liquidated damages for each day after 5-31-01 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 VLI, WC1, WCJA, GLl, 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 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 Deputy Clerk By: Mayor/Chairman By: Witness: ~ 71/~ Witness: 7// () /'?(~tf1 Business Name: A7ftV~/~ 5- By: tJw""c~& Title:~~ .~ 3 ~' INCIDENT REPORT NARRATIVE CONTINUATION <: '-~-'::','~~;.~~j!~ S?:~:: ZONE: III EXHIBIT A . ". DERELICT VESSEL 3A-3302 INCIDENT NO. 00-3A- . i 01-1""2- 1. REG./DOC: None LENGTH:!!:.FT MAKE: UK TYPE: Small Cabin Cruisep HULL MATERIAL: WOODI8I F/GI8I METAL (SPECIFY) 0 _ RUBBERDOTHER (SPECIFY)_ COLOR: Gray . MOTOR A'ITACHED: YES 0 NO 181 'lYPE H.I.N.: UK NAME ON VESSEL: None OTHER IDENTIFIERS: Wooden Structure added on ALIEN: 1i 2. VESSEL OWNER/CUSTODIAN: UK D.O.B. UK ADDRESS: UK CITY/STATElZIPCODE: UK 3. PHYSICAL LOCATION OF DV: Small cove off of Key Haven Boat Ramp LA TlTUDElLONGITUDE (DEGREES, MINUTES, SECONDS) N 24.34.469 W 081.44.029 4. CONDITION: WRECKED 181 BROKEN UP 0 JUNKED 181 DISMANTLED 0 ABANDONED 181 AGROUND 0 BURNED 0 CAPSIZED 0 LISTING 0 SCUTILED 0 5. SUBMERGED:_% DEPTII_ FT.ANCHOREDD DOCKEDD AFLOAT~ ADRlFTO IN WETLANDS 0 TIED TO OBJECT (SPECIFY) 181 Nearby sunken vessel MARKED WITII BUOY 0 WASHED ASHORE 0 BELOW M.H.W.L. 0 ABOVE M.H.W.L. 0 OTHER 6. CAUSE: UNK 181 NA ruRAL DISASTER 0 OTHER 0 (EXPLAIN)_ 7. PROPERTY OWNER: STATE SUBMERGED LAND 181 FEDERAL PROPERTY 0 OTHER OWNER/ADDRESS 8. THREAT TO NAVIGATION: YES 181 9. DANGER TO ENVIRONMENT: YES 181 10. TOWED WITHOUT REPAIR: YES 181 NO 0 HOW Unlighted and secured may get hit at night, and drifts about. NO 0 HOW Low tied and not secured well. NO 0 UNKNOWN 0 pTHER Rests on bottom. 11. RECOMMEDNED DISPOSITION: LEAVE AS IS 0 TAKE TO LANDFILL 181 RECYCLE, METAL 0 HAVE THE OWNER/CUSTODIAN REMOVE IT 0 TURN OVER TO ANOTHER AGENCY 0 MARINE HABITAT/ARTIFICIAL REEF 0 OTHER 12. NARRATIVElDILIGENT SEARCH: (EXPLAIN) No one in vicinity of vessel to obtain ownership infonnation. No visible identifiers. Full of Debris. " 13. REPORTING AGENCY: F.W.C.C.18I U.S.C.G.D N.P.S.D U.S.F.W.S.D U.S.B.P.O S.O.D OTIIER_ 14. DV NO. PAINTED ON VESSEL: Y NOTICE DECAL PLACED ON DV: N 4 DV PHOTOS INCLUDED: Y ~a.c-\ Date Report Completed Date 07/30"/0-0 Officcr(s) Reporting (please print)e Officer Kim Dipre-#K14 Date 's Signature OBTS Number DEP 20-04SA (1199) V.L. ~l~ Page 1 of3 INCtnENT REPORT N CONTINUNED ~..... .. 'c.' .-....."..'..1:.~I. i "..,.[ ':>\-. '.'"......, . . ~ .'(;...~, .... \:... '-'. '.. .,.~ .'. ...... '"'.~".~.., :}.;~.:~. .', .,/~< ;". "''r~j.; .... . '. z,u"r.: IU T - DERELICT VESSEL"3A~~ LOCATION: Boca Chica Bay fficer(s) Reporting (please print) Kim Dipre Reviewed By .~ ','; ~.....' .'" , ~/1 Date tJ7/-g0/00 DatIl ..~ .' or' ~\ .. , -- ..----- ~ ~. f~ N:C~ ,~ wf . !O- N - fN N . II ~ ~~r> 1":~ .. w .. il . .~ CII U ..:1::1 ~wj ~C CII : (n.. _1l... ' ... ~ N -"W . ~ 1: ~if~. - ~ - .. N .......... \- VI GO .. "C UI VI W w ,! VI ,~ - v >> .. .... a ~w w W:'i ~ ~ ~Cl Cot .... -=:.., Cot ... 1'0) ... @~