Item L01
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3-21-02
Bulk Item: Yes [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
DV3A3578.
ITEM BACKGROUND: The Florida Park Service requested immediate removal of this
vessel due to it posing a threat to navigation and the environment. Two quotes
re~bfed, Btue Water Marine Services, Inc.-$10,486.67 and Spirit Marine Towing &
Assistance-$7,880.00.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS Approval
TO'r At COST: $7.880.00
BUDGETED: Yes [8J No 0
COST TO COUNTY: Staff Time Onlv
BIF
REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER: MO $ YR $
-~.)
APPROVED BY: COUNTY A TTY~ OMB/PURCHASING~ SK MANAGEMENT[8JCv i .~ \, t
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: INCLUDED ~
NOT REQUIRED 0
L/
DISPOSITION:
AGENDA ITEM #:
P pJ);jj
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Spirit Marine T~ COntract #
& Assistance Effective Date:
Expiration Date: 3-31-02
Contract purposeIDescription:
Emer2encV n-f nv....a-....../A - n-f-f n-f lr..v T ----
Contract Manager: Kim. McGee 4511 Marine .
(Name) (Ext. ) (Department/Stop #)
Projects Section
for BOCC meetinsz on .;.,c.3-2.J~~ Agenda Deadline: 3-6-02
CONTRACT COSTS
Total Dollar Value ofContI'aCt: $ 7,880.00
Budgeted? YesO No 0 Account Codes:
Grant: $ BIF
County Match: $ ~h-f-f ori..... Only
Current Year Portion: $ 7 _ 880 _ 00
157 - 62600 530-340 -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ NI A /yr For:
(Not included in dollar value above) (ell. maintenance. utilities. ianitoriaL salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed -t'
Division Director ~ I J' J tfV YesO NoL':J
, '
. ,
Risk Management :!- 111-\ ()L- YesD NoO'- i '-, '- ",-- -'-'.;~----
,
O.M.BJPurchasing z.1l.\\DL- YesO No8" ~~J
County Attorney ;j3t/v YesO NO~~
Comments:
Date Out
OMB Fonn Revised 2/27/01 MCP #2
CONTRACT AGREEMENT
AGREEMENT, MADE TmS
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:
1. The Contractor shall furnish all the materials and perform all the work as
required by the Specifications for the emergency removal of DV3A3578 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 March 3 1. 2002.
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 $ 7.880.00 for the removal and legal disposal of
DV3A3578. 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 indehiOify 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
1
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 3-31-01 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, 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
contract without liability and may also, in its discretion, deduct from the contract or purchase
2
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
enti~~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'- 7/;l/~
BUSinc:.t (; ? If:> I r /'1 HR.; Nt:
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By. . "'" ' .
Titl" - n f;v~~~ .,
Witness:
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EXHIBIT A
DERELICT OR A~NDONED VESSEL REPORT
DV-3A- 3S7jY_~_ OR AV-3A- :
INCIDENT NO.,. 01 - 3A-
1. REGIDOC" Ncl'v.= LENGm Fr. 'MAKE HO(Yl~/Y!A/\t:: 1YPE
lSVESSELc:tJ'RREN11.YRECi1SIERED? YES_ NOj( USrREGlSTRATIONDATE: NJf/ STATE:_
HULL MATERIAL: WOOD..A. P/G...-.;. METAL(SPECD'Y) . RUBBER_ OlHER ALIEN:
COLOR: Rr()w^J/BL.IA~ MOTORATfACHED: NO_ YES_lYPE_.lLLN.:.
I' .
NAME ON VESSEL: OrnER IDENTIFIERS: FLOATING STRUCTURE:_
2. VESSEL OWNER/CUSTODIAN: NoN E.
BOAT REG. ADDRESS:
DRIVER'S LICENSE NO.:
K N(w.; IV
D.O.B.:
CITY ISTA TE/ZIP;
OTHER ADDRESS:
3. PHYSICAL LOCATION OF VESSEL: 1="14."'" ShoRE It-Nl= fl1;d ,,",ey ON EL Ro~t:\ht'b Kef key LAR'r,
LATrruDElLONGmJ~E (DEGREES, MINUIES. SECONDS): N ~ 5' () 7. 30c:, "...J q(j J ~, 1/2-
1"1" - .
4. CONDITION OFDERELlcrvr.sSEL: WRECKED nJNKED SUB5TANIlAIl-YDISMANTLED SUNK_
- - -
AGROUNDL BROKEN UP_ BURNED_ CAPSIZED_ LISTlNG_ FULLOFWATER-K,OTIIER
CONDITION OF ABANDONED VESSEL: ABANDONED.1L INOPERATIVE_ PARTIAll.YDISMANiLE_
NO APPARENT INTRINSIC V ALUEL PERSONAL ITEMS ONBOARD_
5. SUBMERGED: _% DEPTH: FT. DAMA.GING SUBMERGED LANDS: YES~ NO_
OTHER PROPERTY DAMAGE: NO_ YES,.LEXPLAIN SomE REr'J. mPoNc,ROI!F DAIYlA("..F
AFLOAT_ADRlFT_ INWEILANDSL WASm"pASHOREA.-'OTHER
TIED TO DOCK TIED TO OBJEcr (SI'llaPY) SECURED ANCHORED Pl1U.ED TO SHORE_
- -
BELOW MH.W.L. _ ABOVE MH. W.L. &. OnIER
6. CAUSE: UNKNOWN_ NA11JRALDISASTER_O'mER~"J
7. PROPERTY OWNER..: STATE SUBMERGED LANDL FEDERALPROPEKTi'_ OlHER(SPECIFYl
OWNERlADDRESS.J,P, ("RAL RE:EF'S.P. P,O,6o~ 4R'7 KEYLAR"rjFL.":I,3(J3"
8. TIlREATTONAVIGATION: YES_ NO.x... UNK_ HOW
9. DANGER TO ENVIRONMENT: YES...x.NO_ UNK_ HOW
10. TOWED WmIOUT REPAIR: YES_ NO_ UNK_ OntER
11. RECOMMENDEDDISPOSmON: REMOVEFllOMWATER TAKETOLANDFn..L RECYCLEMETAL_
. - -
HAVE THE OWNERlCUSTODlAN REMOVE II'_ nmN OVER TO ANOTHER AGENCY_LEAVE AS 15
CREATE MARINE HABITAT OR ARTIFICIAL REEF_OTHER
12. NARRATIVE/DILlGENTSEARCH:(EXPI..AIN) V~<s~e} IAJ{).$ 0.. I-JornEfnAf\F ve.ssef used
-ro -t- :~" 5Jor! _ . H i9-t~atJ r:" S '" f J "" ~. + ~~ '" ~ '" ~d nN"D J W~ ,I, '" J "I( r:,)
Sho("~1 I NL ~i+h ~-'3ut)d d e..Gf.. ..,.!r wc.J:~r- ~ hull.
Offic.a' md Apcy R..epon:in; (pk:uc FriDt)
E "FL '
R.e\-iewc:d By:
~s Si~')turl:
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Dale
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Reviewer's S~
Date
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STATE pARK POLICE
DMSION OF LAW ENFORCEMENT
District 3
Key Lar20
omcer ADdrea R. A.sb
~~
Dau: 01/06102
PHONE#: 305451-3005
To: Kim McGee
PrQjccts Coordinator
FAJ(~ 853-3553
Attn~ Kim McGee
From: Ofc. Andrea R. Ash
Subjed: l)crclict/Abandoned Vessel Report
DV-3A-3S78
Comments: Kim. I a1JPOlogiz.e for this ~ &0 IDNt. I 1hought I bad faxed it to you awhile ago when
you were out of town. Well, here it is finally if1hcrc is a moblem let me know. You do remember the
photos did not develop the was aoaremlv inooaaUvt.
Number ofPqes:
4
(lududinl Cover Sheet)