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Item C10 Revised 2/27/01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 1-17-02 Bulk Item: Yes ~ No 0 Division: Growth ManaQement Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Blue Water Marine, Inc. for the Emergency removal of DV3A3575. ITEM BACKGROUND: The F.W.C.C. requested that this vessel be removed immediately. The vessel is a large houseboat that is sinking and falling apart. Three quotes received, ASAP, Inc.-$9,250, Spirit Marine Towing & Assistance-$6,849, and Blue Water Marine Services, Inc.-$5,249.12. PREVIOUS RELEVANT BOCC ACTION: Approval of the Grant Agreement 10-18-01. CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval TOTAL COST: $5.249.12 BUDGETED: Yes ~ No 0 COST TO COUNTY: Staff Time Onlv 100% Grant Funding REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER: MO $ YR $ APPROVED BY: COUNTY A TTY~ OMB/PURCHASINGC8] RISK MANAGEMENT~ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: INCLUDED ~ TO FOLLOW 0 NOT REQUIRED 0 AGENDA ITEM #: 2 - C /() DISPOSITION: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Blue Water Marine Svc. Contract # Inc. Effective Date: Expiration Date: 2-28-02 Contract Purpose/Description: Emer2encv rem.ov::.l nf ---- Contract Manager: Kim McGee 4511 Marine ResoUTf'e . (Name) (Ext. ) Projects (Department/Stop #)Sectio1C 19 for BOCC meeting on 1-17-02 Agenda Deadline:I-2-02 CONTRACT COSTS Total Dollar Value of Contract: $ 5.249.12 Budgeted? YesG! No 0 Account Codes: Grant: $ 5,249.12 County Match: $ Staff Time Only Current Year Portion: $ 5 _ 24q _ 1 '1 12> 537G 62512 530490 GB0212 530340 - - - - -- ADDITIONAL COSTS Estimated Ongoing Costs: $ NI A /yr For: (Not included in dollar value above) (~. maintenance. utilities. ianitorial. salaries. etc.) CONTRACT REVIEW Changes Date In Needed--../' Division Director I /D/~0esO No't:::j _ , / - Risk Management I I '7 /0 <--X esO No[JJ ~ \ O.M.B./Purchasing j 't ) cl- Y esO No~ L- County Attorney / /3/2- YesO No ~ ,'- . . ,/' r Comments: f' t J 1___ 1- (L '_/ Date Out J ~ 0 \..-"" i f "- jJ'7;C'L- 2 i ' . ' ).-: " ~ ,-1v '~ ._!' n. ,-, ~ . _ ,~-.- --~ ~ ~... ! - . - I ',.-/ - ,.., if :. ~:'__~__"'_ /1_ ~_: ~~-~.~.~.(- --,- - .. OMB Form Revised 2/27/01 MCP #2 Blue Water Marine Services, Ine. d/b/a TowBOATIU.S. South Dade p.o. BOX 901716 Homestead, Florida 33090-1716 Phone / Fax (305) 230-0030 QUOTATION November 9,2001 TO: Kim McGee FROM: Blue Water Marine Services, Inc. SUBJ: Removal ofDV-3575 The following quotation is for the removal ofDV-3575, a 42' wood cabin cruiser located at 400 Hazel St., MM 112, Key Largo. This vessel can be removed for the sum of $5,249.122. Blue Water Marine Services, Inc. understands it is responsible for all disposal costs. Respectfully Submitted, Capt. Todd Seeds Blue Water Marine, Inc. ~l/~dIL~O! ~~:~L .:ltJ::IO,,,,;:'O.l.,;) ",......,.-- ....., 24 Hr. Service s MAlUNETOWlNG & ASSISTANCE Our Experience will save you Time and Money NO\' 8,2001 Kim M~Gec Marine Projects Coordinator At fax #: 2954317 PROPOSAL Salvage and properly dispose of derelict vessel # DV-3A-3S75 described as a 42 foot cabin cruiser located in the vicjnity of Key Largo. Salvage will be performed at the earliest possible date. weather pennitting. cost: S6M9.00 DUKE PONTIN . P.O. BOJl 244 . Big Pine Key, Florida 33043 (305) 872.2752 VHF Ch. 16 FROt',' : ASAP PI-iO~:E t~O. 852 4554 Nov. 27 2001 09:17AM Pl A.S.A.P INC. Marine Contractors P.O. Box.BOA. Tavernier, FI. 33070 Phone 305-8524554 ll..s..O 1 Kim :Mcgee: Marine Projects Coordinator: Community Serviees: DV#3A-357~ ReOloval and Disposal ofDV#3A-3575 if still floating at time of removal. TotaJ:S9.250.00 ASAP ~c. /~ i?7~~ Jay Fri~s FAX T-RANSMITTAL DATE: / / - ,~. 7-C-; / SEND - - ~') - TO: )/7C~--?t-7U-- /:4---t:'--~:z:;,..- ?I TO FAX NUMBER: /- 3v'J-' ~"P.-Z ~;-7Q A TTN : y . " . ~.-( .../7-., 't._,. CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2002, by and between, Blue Water Marine Services, 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: 1. The Contractor shall furnish all the materials and perform all the work as required by the Specifications for the emergency removal ofDV3A3575 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 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. 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 $ 5,249.12 for the removal and legal disposal of DV3A3575. 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, 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 Fish and Wildlife Conservation Commission 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, WCl, 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 contract without liability and may also, in its discretion, deduct from the contract or purchase 2 pnce, 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: 7~7f/~ BY ROBERT 1'1. W DATE 1-- 3 - ::m~;-:pr;;r Ar//,~C Title: Y ;:? ~O-,,~ ~l:, \ ~ l...\~ C~ /~~,o!\"fY~.< Marsha Sines ~~( ~ "1:1 MY COMMISSION # Dool0121 EXPIRES "!-i:~~.< June 3, 2005 "",9f.,~.'" BONOfO THRU TROY FAiN INSURANClINC. 3 Witness: f..,(.. ," :.'r<i.':. -../'.;.....-;:.,.... -:.- ~,_. '.-' :;:'._}:'''-!'',:: Exhibit A DERELICT OR ABANDONED VESSEL REPORT DV-3A- 35'?:S OR AV-3A- INCIDENT NO. Ol-3A- /~ ~~~ 1. REGIDOC# fl 'I~ At/ LENGTHt'd Fr. MAKE It)QS(Jc A TYPE ~ 131"/'1 IS VESSEL CURRENfL Y REGISTERED? YES_ NO t/LAST REGISTRATION DATE: qS- STATE:,c- ~ HULL MATERIAL: WOOD-'::::FIG METAL (SPECIFY) RUBBER OlliER ALIEN: - - - COLOR: tOil /r~ MOTOR ATIACHED: N06.S_ TYPE _ H.I.N.: Nt!) A.~C NAME ON VESSEL: AI ~4 OTHER IDENTIFIERS: FLOATING STRUCTURE: , ~ ".' ~ 2. VESSEL OWNER/CUSTODIAN: G'E:t:2A.l-."Dlt-.)~~. \(."<"\-E:" D.O.B.: OCll.~ .'3.0 BOAT REG. ADDRESS: (0:39" U P= t-,) AVe.. CITY/ST A TElZIP: 1o.J";'\I..J SMVr.:2.NA. ~ 1-1 ~; I (p~ DRIVER'S LICENSE NO.: K.A.DO'Z.qt'l!.~:.~t;l):.O OTHER ADDRESS:. ~...~~ . 3. PHYSICAL LOCATION OF VESSEL: ~&O _IM.:ZE L ~t:"' !ill /L~ !;FY LA 12 ~ tJ LATlTUDE/LONGITUDE (DEGREES, MINUfES, SECONDS):.ff ;;'SO Iv ./' - lJ./ ~O 0 ~ 5".. r / 4. CONDITION OF DERELICf VESSEL: WRECKED V JUNKED 6UBSTANIlALL Y DISMANTI.ED _ SUNK_ AGROUND_ BROKENUP_ BURNED_ CAPSIZED_ USTING_ FULLOFWATER_OlliER CONDITION OF ABANDONED VESSEL: ABANDONED.k::'1NOPERATIVE ~ARTIALLY DISMANTLE~ NO APPARENT INTRINSIC V ALUE~ERSONAL ITEMS ONBOARD 5. SUBMERGED: 0 % DEPTH:~Fr:,..JMMAGING SUBMERGED LANDS: YES_ NO J---"' OTHER PROPERTY DAMAGE: NO rYES EXPLAIN . AFLOAT Y;;;;RJFT_ lNWETLANDS_ WASHED ASHORE_ OTIIER TIED TO DOCK_ TIED TO OBJECT (SPECIFY) 61-/0fZ G"" SECURED ANCHORED_PULLED TO SHORE_ BELOW M.H.W.L. _ ABOVE M.H.W.L. k::OTHER 6. CAUSE: UNKNOWN NATURAL DISASTER OTHER(E.'m.AIN) 7. PROPERTY OWNER: STATE SUBMERGED LAND..k'FEDERALPROPERTY_ OlliER(SPEClFY) OWNER/ADDRESS 8. . THREAT TO NAVIGATION: YES _ NoYUNK_ HOW 9. DANGER TO ENVIRONMENT: YES60_ UNK HOW 10. TOWED WITHOUT REPAIR: YEs.k'NO_ UNK_ OTHER 11. RECOMMENDED DISPOSITION: REMOVE FROM W ATER~AKF. TO LANDFll..L~CYCLE METAL_ HAVE THE OWNER/CUSTODIAN REMOVE IT_ TURN OVER TO ANOTIiER AGENCY _ LEAVE AS IS CREATE MARINE HABITAT OR ARTIFICIAL REEF_OTHER 12. NARRATIVE I DILIGENT SEARCH: (EXPLAIN) ~~ ~""''''€", r YC~" c... OWIV~-~ bl' ~ t). "'..lc::.- N(;:'\"4f;!,CJ(;..~ AJl..~ ~eEP"f'((, \'~€" ~~c.e-L A..~lOA..1 So ~'\'" \)o~-~""r-~C:~oM€" ,- ~ ....... ' , 4. NUISA."'C€ , '\..l.~ ~~S:E:( ';:>o<<t~N" \\A..\J~'" A.N'! J..~I).lS'<! VAL(Jef'. No e~L4..ti~tS \C;NOu.7"$ i...... S'1'4.f'€,. CONJ'A<!....\ P~I2.s.0N It'S ICON N fC.MA..N -(~OS')lI53-5a....:s:a 5~"'" AI:)D~e~~ A~()uc. 3Q 'P.a.'l' '-~Q. -tol!o& ~eb ~e.S'\..c> FWC 2O-ISA (OlOI) \1, PAGE 1 OF J ~l""" t ~ ' . , .<, DERELICT/ABANDONED VESSEL # 3A- 35?~ .\' "~. > ",.,,' '; '.!>,'-: :':,:,~'.:' '. ';. .Y;~:~~,~:;,v.",.~..~;..-..~ ~.~~;.;' - ~- Reporting Officer (Prin~ D. ~70 lDoN4C)o Reviewer's Signature Dale Re\iewed By: FWC 20-045A (3/0 I) VL PAGE 20f 3 r ' CAUTION \\~ ~mpo'a"i changes 0' defects in alOs 10- gatlon are not IndIcated on thIS chart Se!;! ce to Manners. NOTE E Numerous doybeacans markIng trle channel to Largo SO'Jr.d ore nol charred. NOTE F The positions of daybeacons in Garden Cove are approxi- mate. NOTE G The daybeacons are private and positions are approximate. '" " '" ~ , I I ~ TIONAL PARK :;-7.45; seen~le HL, 5 4 sy 4- 5 4 h 4- 4 3 2i 4 J 4 4 ": 4 4 h 5 h 4 J 4 5 J .~ saM 6 4 " 5 5 Co " Co h i en " Po,joe K,y 'i ~' 4./ ~ Nholebock Key 6 1y2.. i 5 8 8 7 8 8 ~PA sy 8 @ I ClI . ". P4 8 I 10 .;.++. I ..... -g--sr 7 ~ ~ I 10 /J30 -. I 8~~NES 8 8 9 ~ 5""9 8 <:) 9 sy 9 9 SOUND '0 ;0 13 Cannon o Card S....... .;0 ,'A -) 9 10 # 10 10 10 ,oM 10 10 10 10 .W' c 10 9 Co 8 8 h Cd 13 15 17 ! ~9O; / ; o"s' , G 15 17 /;y~' 33~"" / 21 16 1. I~~ 2.1......:... 11../ 21' 'lYS@f,t.26'@1; / 23 16 ~ I / I 20 li 16//(j)11P 22/"1 .. 'QI~~L. .wO'.17 wBnP'- , ~ 'h~ 17.. f $~P"Y & / ~l ". p"", "'" \.Jlc: 25 ! F j " p~rch 18' ~ ,,4,) .,,' /,~I 8 : 14 ~'"; - , :_'''';,'..:,','1: "Y.'::;~i~ .,~ - " ~ ,:~~.:~ --. . .~ ;;;;f'1:~~~r~' .~ . -:;.... "' . October 16, 2001 v. L.. TO: Vicente Lopez / FWC Derelict Vessel Coordinator Officer FROM: Ed Maldonado / FWC Officer ("-1 1 ~ SUBJECT: Derelict Vessel 3575 On October 16,2001 Mr. Ron Norman from 400 Hazel St. Mile Marker 112 in Key Largo, telephone number (305)453-5288, contacted Ms. Kim McGee in reference an emergency removal for this vessel. Kim McGee contacted us t.o do the report. All the information I found is attached. The only thing I was unable to record was the current vessel owner which is deceased ' according to Mr. Norman. The last register owner is a 71 year old female, see print-out attached. Apparently the vessel title was never transferred to the deceased. I don't think we want to go after the 71 year old female, it is not good politics. There are no relatives or state for the deceased. The neighbors took the vessel under care to prevent it from sinking and becoming a nuisance. They do not know what to do with the vessel. They need the vessel removed as soon as possible. There is a bilge pump attached to a battery and the battery is attached to a battery charger connected by electrical extension to an AC receptacle on land. The vessel has no apparent intrinsic value and was built in 1936. The wood hull is old, rotted and partially dismantled. I'm going to be out of town for a long time reference training then annual leave. I'll appreciated if you work your magic to get this vessel removed and disposed as an emergency removal. Thank you for the assistance in this matter.