Item B17
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6-21-01
Division: Growth Management
Bulk Item:YESlNO_
Department:Marine Resources
AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe
County and Arnold's Towing for the emergency removal ofDV3A3395 located off of
Bahia Honda State Park.
ITEM BACKGROUND: The F.W.C.C. requested immediate removal of this vessel due to
it posing a threat to Human Health and Welfare. Arnold's Towing was available to
remove and dispose of immediately for $765.00.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATION: Approval
TOTAL COST: $765.00 BUDGETED: Yes
COST TO COUNTY: Staff Time Only BIF
REVENUE PRODUCING: YES NOl AMT. PER MO._YEAR
APPROVED BY:COATTY X OMB/PURC
, "I,\(,
AGEMENTN/Jt'
DIVISION DIRECTOR APPROVAL:
Timothy J. McGarry,
DOCUMENTATION: INCLUDED:---X- TO FOLLO REQUIRED:_
DISPOSITION: AGENDAITEM#k&L1
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MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Arnold · sTowing Contract #
Effective Date:
Expiration Date:
Contract PurposelDescription:
Emerg-en~v .1 of DV3A3395 located at Bahia Honda State Park.
Contract Manager: K.im McGee 4511 Marine Proiects Stan' 1
(Name) (Ext. ) (Department/Stop #)
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for BOCC meetUuz on 6-21-01 Agenda Deadline: 6~4)l
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CONTRACT COSTS /
Total Dollar Value of Contract: $ 765.00 Cum:nt y I Portion:
Budgeted? Yes[] No 0 Account Codes: 157 - 626:(-530-.34
Grant: $ BIF
County Match: $ HI A
ADDITIONAL COSTS
Estimated Ongoing Costs: $ HI A Iyr For:
at included in dollar value above) maintaumce. utilities. 'anitoriaL salaries. etc.)
CONTRACT REVIEW
Changes
Needed __ /'
Division Director "11fo 1 Y esO NoE:d' -
e:./&fO 1 YesO No0 0... W
ing (o\6\D' YesONo
County Attorney e,/ 'II 0 I YesO No
Date In
Date Out
O.
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT AGREEMENT
AGREEMENT, MADE THIS day of 2001, by and
between, Arnold's Towing ("Contractor"), and the BOARD OF
COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ofthe County of
Monroe, State of Florida ("Board").
The Contractor and the Board, for the consideration named agree as follows:
1. The Contractor shall furnish all the materials and perform all the work as
required by the Specifications for the emergency removal ofDV3A3395 for
which a Florida Marine Patrol Derelict Vessel Report is attached as Exhibit A.
2. The work to be performed under this contract must be completed by June 30,
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 $ 765.00 for the removal and legal disposal of
DV3A3395. 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,
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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 6-30-01 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 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.
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
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. .
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 flTst written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Witness:
\:
Witness:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLOIDDA
By:
Mayor/Chairman
Business ~ ifF-v IfC-Dj r ~
By:~ {l..4
Title: G'pJ~
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