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Item C04 Revised 2/27/01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 1-17-02 Bulk Item: Yes I:8J No 0 Division: Growth Manaaement Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the Emergency removal of DV3A3563 located in Boot Key Harbor. ITEM BACKGROUND: The F.W.C.C. requested immediate removal of this vessel due to in interfering with navigation. Spirit Marine Towing & Assistance was available to remove and dispose of immediately for $3.639. PREVIOUS RELEVANT BOCC ACTION: Approval of the Grant Agreement 10-18-01. CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval TOTAL COST: $3.639.00 BUDGETED: Yes I:8J No 0 COST TO COUNTY: Staff Time On Iv 100% Grant Funding REVENUE PRODUCING: Yes 0 No I:8J AMOUNT PER: MO $ YR $ APPROVED BY: COUNTY A lTYl:8J OMB/PURCHASING~ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: INCLUDED I:8J DISPOSITION: TO FOLLOW D NOT REQU;:' DCI J AGENDA ITEM #: - ~ 4511 Marine Resources-Marine (Ext.) Projects (Department/Stop #) Coord' tor Stop#9 A enda Deadline: 1-2-02 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARy Contract with: Spirit Marine Towing & Assistance Contract # Effective Date: Expiration Date: 2-28-02 Contract Purpose/Description: Contract Manager: Kim McGee (Name) for BOCC meetin on 1-17-02 CONTRACT COSTS Total Dollar Value of Contract: $ 39639.00 Budgeted? Yes/!J No 0 Account Codes: Grant: $ 3,639.00 County Match: $ Staff Time Only Current Year Portion: $ 3.639.00 125 - 5370 .62512 -530340GB0212 - - - - - - - ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A /yr For: (Not included in dollar value above) (ell. maintenance. utilities. ianitorial. salaries. etc.) CONTRACT REVIEW Changes Date In Needed) Division Director 1/ 8/ov YesD Nol3' / / , I / Risk Management \ [ 7/ 02. Y esD No~ I~!. O.M.B./Purchasing 1/'/O.l---yesO No~ ! / - County Attorney ~ c.f/ L- YesO No& , , . ' Comments: t-'-CL_! (' ~\_-_____c'.~ .''': I ____- ~___ J_ - ""i +- \j'l~. '-~_--<-_ M_,- T- '~____._ Ir"__l~- (. -- 1-. ,~ '. {,\, CO 1--. -'-~, , - - ._ t_ _ ...........'--~--,_ -'-_ ' OMB Form Revised 2/27/01 Mep #2 Date Out I e ~2-- i r; I ^-' : ' IV <- 2- . -\-. ! '\r-"cr- '-, 24 Hr. Service VHF Ch. 16 Dee 6,2001 Kim MeGee Marine Projects Coordinator At fax #: 295-4317 PROPOBAL Salvage and properly dispose of derelict vessel described as a 36-foot trimaran sailboat located at Marathon City Marina Salvage will be performed at the earliest possible date, weather permitting. This vessel is nearly full of water and is in immediate danger of sinking. This quote is for salvaging the vessel while it is still afloat and includes removal of a large trash pile from the mangrove shoreline adjacent to the boat. Spirit Marine will assume responsibility for the vessel remaining afloat from the date that a contract is awarded. COST: $3639.00 I~ DUKE PONTIN e P.O. Box 244 eBlg Pine Key, Florida 33043 (305) 872-2752 CONTRACT AGREEMENT AGREEMENT, MADE TillS day of 2002, by and between, Spirit Marine Towing & Assistance ("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 required to remove and legally dispose of DV3A3563 located in Boot Key Harbor for which a F.W.C.C. Derelict Vessel Report is attached as Exhibit A. 2. The work to be performed under this contract must be completed by February 28,2002. 3. The Contractor understands the rules of the Florida Fish and Wildlife Conservation Commission and shall comply with those rules, along with the rules and procedures instituted by the Board to ensure an orderly progress to the project. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board. The Contractor understands both the intent and the requirements of the Specifications, attached as Exhibit B. 4. The Board shall pay the Contractor $ 3.639.00 for the removal and legal disposal of DV3A3563. Payment will be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator. 5. The attached Derelict Vessel Report, 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 indemnity 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 2-28-02 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, WCI, WCJA, GLl, WLl, & POll attached as Exhibit C. All policies must list Monroe County as additional insured with the exception ofthe 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 By: Deputy Clerk By: Mayor/Chairman Witness: Witness: 3 ,,",,:" ""'" ,", '. ';.-iCIAL ElF FiRER Fax:305-289-2326 .. ..._._.___~ov 26 '01 12 :Ol P.02 Check Message EXHIBIT A Nov 2.! '01 13=59 ---- -----~ O;eck condition of ~emote Fax. [YJ KIM MCGEE '"'..' "'~' "-" " . . - ~ INCIDENT/SUMMARY REPORT NARRATiVe REPORU 0IiKlII0W. C 1.11' ENT Q 1:)" '3.a. .. 1> c; (l. 3 \u,.._.. _1- ~A-I!IBtA -. ...,..-.r.,........................ &.. C. (r.~ rvr:e. ~.....~a..~_~c............, c::L.e.. A~'-"'AI r i 1 I '1 -r~.~ ~"I2.._......~-r ,^",~~I!&l._ \S, ....,-. --...... ~ ~.AiI_""t.__) II!:IIG ~~p ..~~'^) 1.---'_. ~te. , I.~ '--.l!! AA.A."'~ .........~...J .. - ---tt .~ -r"'~"f ...::a.._ ~..........~..~- ~"'~...""-~ at ........--- """'$ :i) V' 4l'l!f evo...~.-n~ '5.L-W:' c..o...~~ OCc=. C-n.. nt.. L c ~'-\.\~ N IJPt I~ iT ~ I V I: \ -I j I I -I . -. - - ------ --. I \ i _. m___. -- oW 4........3. '-:.