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Item C06 Revised 2/27/01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 1-17-02 Bulk Item: Yes [gJ No 0 Division: Growth Manaaement Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Blue Water Marine, Inc. for the removal of DV3A3579 located off of Key largo. ITEM BACKGROUND: The Marine Projects Coordinator received numerous complaints from the public regarding this vessel. It is sunken in the middle of a canal and causing navigational problems. Two quotes received, Spirit Marine Towing & Assistance-$17, 249.00 and Blue Water Marine Services, Inc.-$5,100. PREVIOUS RELEVANT BOCC ACTION: Approval of the Grant Agreement 10-18-01. CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval TOTAL COST: $5,100.00 BUDGETED: Yes [gJ No 0 COST TO COUNTY: Staff Time Onlv DV Grant REVENUE PRODUCING: Yes 0 No [8j AMOUNT PER: MO $ YR $ APPROVED BY: COUNTY A TTY[2] OMB/PURCHASING[2] K MANAGEMENTf2] DIVISION DIRECTOR APPROVAL: DOCUMENTATION: INCLUDED [gJ TO FOllOW 0 NOT REQUIRED 0 AGENDAITEM#: Il-~ DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Blue Water Marin~_ Tnr Contract # Effective Date: Expiration Date: 3-31-02 Contract Purpose/Description: RE>mnVSll nf .~ ~--~ Contract Manager: Kim McGee 4511 Marine Resources-Marin~ (Name) (Ext. ) Project+Department/Stop #)SectiOI #9 for BOCC meeting on 1-17-02 Agenda Deadline: 1-2-02 CONTRACT COSTS Total Dollar Value of Contract: $ 5,100.00 Budgeted? Yesl!l No 0 Account Codes: Grant: $ 5.100.00 County Match: $ Staff Time Only Current Year Portion: $ 5 .100 .00 125 ~370 ~3049Q GB0212 530340 ADDITIONAL COSTS Estimated Ongoing Costs: $ N/ A/yr For: -<Not included in dollar value above) (~. maintenance.. utilities. ianitorial salaries. etc.) CONTRACT REVIEW Changes Df3:ti In Needed rl Division Director It S l oV Y esO No~ Risk Management 1 I '? I ,; 7~ Y esO NO~ (\ \ O.M.B./Purchasing III }OL... YesO No~ County Attorney 1/3/"2- YesO No f\ Comments: r { ,: - I --" . '1 ___ -'.I _/1._ -- ---? .. Ii , OMB Form Revised 2/27/01 MCP #2 Date Out I J- :J. 0'2 0-- . "---=-- = s.. SP!!l!WIN*ASSISTAN~ Our Experience will save you Time and Money 24 Hr. Service Dee 20.2001 Kim McGee Marine Projects Coordinator At fax #: 295-43 t 7 PROPOSAL Salvage and properly dispose of derelict vessel # DV - 3579 described as a 40 foot, sunk. houseboat located in the vicinity of Key Largo. Salvage will be performed at the euliest possible date, weather pennitting. COST: $17.249.00 DUKE PONTIN . P.O. BOJl 24. . Big Pine Key, Florida 33043 (305) 872-2752 VHF Ch. 16 el/el/1997 ee:ee 3eS-242-9985 HOMESTEAD MARINE PAGE e2 Blue Water Marine Services, Ine. d/b/a TowBOATIU.S. South Dade P.o. BOX 901716 Homestead, Florida 33090-1716 Phone/F.x(J05)2J0~JO QUOTATION November 9, 2001 TO: Kim McGee FROM: Blue Water Marine Services, Inc. SUBJ: Removal ofDV-3579 The following quotation is for the removal of DV -3579, a 40' wood and fiberglass houseboat located at 19 Hazel St., Key Largo. This vessel can be removed for the sum ofS5,lOO.OO. Blue Water Marine Services, Inc. understands it is responsible for all disposal costs. Respectfully Submine~ ^--. (' f 1'J I {\ ,J-J '-AM-, Capt. Todd Seeds Blue Water Marine, Inc. CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2002, by and between, Blue Water Marine Services, Ine. ("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 DV3A3579 located off of Key Largo 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 March 31,2002. 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 $ 5.100.00 for the removal and legal disposal of DV3A3579. 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 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 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 3-31-02 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. I I. 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 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 By: Deputy Clerk By: Mayor/Chairman Witn~s: ~r BOSiZ~~~V ~YJ~ Wltn~S~,/'" ~ By;.-_____ Title: j/;e:: 3 ~. ~. .~ ,__,c ~. D' ~: -'il>< ,", . = jj::: 4~~:. ~ ~.'1 ;:- ~(- "'" fh ic). t~. ~~ . I ,. '!J. ~~ . ..~::. ~_.'._'" .~i~ It...~ r..AJ1.L.D"..L.1 -4.. .'" . ._"'~:O____~~3!"~'~~ .... -;- ".. DERELICT OR ABANDONED VESSEL REPORT DV-3A- 3 5"71 OR AV-3A- INCIDENT NO. 01 - JA - I)" J '1 r;:::> 1. REGIDOC # (/'1/ IC./l/"/;v~ LENGrn7' 0 FT. MAKE v'1/A~/lI",Iv___ TYPE IIc;v,>~ ~""71 ISVESSELCURRENTI.YREGIS1ERED? YES_ NO V LASTREGISlRATIONDATE: STATE:_ HULL MATERIAL: WOOD l./'"F/Gv METAL(SPECIFY) RUBBER_ OTHER ALlEN: COLOR: ,-II iT~ MOTORATIACHED: NO_ YES_lYPE_H.I.N.: NAME ON VESSEL: '\/ 1/:;. OrnER IDENTIFIERS: FLOATING STRUCI1JRE: . .. 2. VESSEL OWNER/CUSTODIAN: v 1.- Ie. /1.-9 L.. ,y BOAT REG. ADDRESS: ...-v- 1,,<:) CITY/STATEIZIP: DRIVER'S LICENSE NO.: /1/ //7 OlHER ADDRESS: 3. PHYSICALLOCATIONOFVESSEL:&"';III~b Iq 1I/12/i'L 67. k:,;y U",zt;'D./C. . II I , LATITUDElLONGITUDE (DEGREES, MINUrES, SECONDS):IV.2.$ 13;, 911 k, li'o"':J. 5" , 8> 7 I 4. CONDITION OF DERELICI' VESSEL: WRECKED V JUNKED t./SUBSTANTIALL Y DISMANTLED V SUNK V'" - - - - AGROUND BROKEN UP v""BURNED . CAPSIZED LISTING FULLOFWATERvOTHER - - - - - - CONDITION OF ABANDONED VESSEL: ABANDONED_ INOPERATIVE_ PARTIALLY DlSMAN11..E_ NO APPARE~ INTRINSIC V ALUE_ PERSONAL ITEMS ONBOARD_ SUBMERGED: 1 S % DEPTH:~FT. DAMAGING SUBMERGED LANDS: YES_ NO~ OTHER PROPERTY DAMAGE: NO_ YES_ EXPLAIN AFLOAT_ ADRIfT_ IN WETLANDS_ WASHED ASHORE_ OlliER 1"L":J'71.v4 ~ /V ,go 710'"'t,.l TIED TO DOCK_ TIED TO OBJECT (SPECIFY) SECURED ANCHORED_ PULLED TO SHORE_ BELOW M.H.W.L. v ABOVE MH.W.L. _ OllIER CAUSE: UNKNOWN v-NATIJRAL DISASTER OTIlER (EXPl.AL'ol) PROPERTY OWNER: STATE SUBMERGED LAND / FEDERAL PROPERTY _ OTIIER (SPECIFY) OWNER! ADDRESS 8. THREAT TO NAVIGATION: YES~O_ UNK HOW S vvlC. 14,. ""?,<7"/;L~' or C-'1~4 L 9. DANGER TO ENVIRONMENT: YES_ NO_ UNK ~OW 10. TOWED WITHOUT REPAIR: YES_ NO_ UNK '--""OTIlER 11. RECOMMENDED DISPOSITION: REMOVE FROM WATER TAKE TO LANDFll..L V RECYCLE METAL - - - HAVE TIlE OWNER/CUSTODIAN REMOVE IT_ TURN OVER TO ANOlHER AGENCY_ LEAVE AS IS CREATE MARINE HABITAT OR ARTIFICIAL REEF _ OTIlER 12. NARRATIVE I DILIGENT SEARCH: (EXPLAIN) ,v (,) 1 O.f'V IrA ~5" O"'-"t./;/Z.. (.., 1.-/~ /LtJ/.-"V /1 ., " D.O.B.: 5. 6. 7. Officer and A~cncy Reporting (please print) 0/1 t,-',".<J '-v e/111~"0 // _ a I () t4/~ ,/ /"J Date k L.. /I, 1{ 0 i /1- 7-"t'j ..... ~lQ D.1c Rcvurt CU"'I'I~h:" OBTS N",m...- Original Suwl_ FWC 2Q.-ll.\ (OJ 0 I) VI. PAGE I OF J \L. It'"'"' ~~ V 0(- )"-- 'J J7"" I DERELICT/ABANDONED VESSEL # JA- ~ 57-q {eponmg Ollicer ( print) /7/.2ui.7 Lv, (;/C/1Il"lr?) /1-<71[/ RC\-Ic\\etl lk Offic~ Signa)W"e .L-) -,.( tv" -1~ Reviewer's Signalure 1\\'( . ::0-( l.j )..\ ( \'( II ) VI. P^(iE :2 or 3 .... ,;- Date;: //-11- cl Dale