Item L02
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 3-20-02
Bulk Item: Yes fgI No 0
Division: Growth Manaoement
Department: Marine Resources
AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe
County and Spirit Marine Towing & Assistance for the Emergency removal of marine
debris located off of Big Pine Key,
ITEM BACKGROUND: The Marine Projects Coordinator received a fax from
Commissioner Nuegent's office in regards to an e-mail he had received from a resident
of Big Pine Key. The resident advised that there was a large amount of marine debris
that had been there a long time and was posing a serious threat to navigation. Spirit
Marine Towing & Assistance was the closest Contractor and available to remove and
dispose of immediately for $3,000.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS Approval
TOTAL COST: $3.000
BUDGETED: Yes fgI No 0
COST TO COUNTY: Staff Time Onlv
BIF
REVENUE PRODUCING: Yes 0 No fgI AMOUNT PER: MO $ YR $
DIVISION DIRECTOR APPROVAL:
'SK MANAGEMENTfgI I.. ._
APPROVED BY: COUNTY A TTYfgI OMB/PURCHASING
~H
DOCUMENTATION: INCLUDED fgI
DISPOSITION:
AGENDA ITEM #:
NOT REQUIRED 0
~~~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
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CONTRACT SUMMARY
Contract with: Spirit Marine Towin~ Contract #
& Assistance Effective Date:
Expiration Date: 3-31~2
Contract PurposelDescription:
EmerQ'encv removal of Marine Debris.
Contract Manager: Kim McGee 4511 Marine Proiects Iq
(Name) (Ext.) (Department/Stop #)
for BOCC meetimz on 3-20-02 Agenda Deadline: 3-6~2
CONTRACT COSTS
Total Dollar Value of Contract: $ 3,000
Budgeted? Yes[] No 0 Account Codes:
Grant: $ 3 .000
County Match: $ N/ A
Current Year Portion: $ 3 ,000
157 - 6252~530 - 340 -
ADDITIONAL COSTS
Estimated Ongoing Costs: $ N / Nyr For:
(Not included in dollar value above) (C2. maintenance. utilities. janitoriaL salaries. etc.)
CONTRACT REVIEW
Changes
Date In Needed _/.
Division Director ')IDy/~v1esD NoEf/.~
Risk Management :::- '~:)"~ YesD NoD
O.M.B./Purchasing d{ :)l )c;)... YesD Nog--
/
County Attorney zj-z.,,:s/c-YesD No
Comments:
Date Out
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OMB Fonn Revised 2/27/01 Mep #2
ritg~ 1 VI .L.
From: Clifford Schneider <fxrp@Worldnetatlnet>
To: gneugent@mail.state.fl.us <gneugent@mail.state.fI.us>
Data: Thursday, February 14, 2002 10:17 AM
Subject: Fw: Submerged Vessel Hazard Big Pine Key
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Dear Commi5$ioner Neugent ~ ~
I originally tried to send "';0 to the ........ County Manne Resou_ Oeporlmel1l The Email was returned ~ ~ ~
not deliverable. Next I found your Email address on the County Web page.
- Original Message -
From: C1ifford ~~ider
To ftetchp@mail.state.f1.us
Sent: Thursday, February 14. 2002 9:42 AM
Subject: Submerged Vessel Hazard Big Pine Key
I met you a ff!!W years ago at a Big Pine Lower Keys Rotary Club luncheon meeting at Montego Bay.
Here is the original message sent to fletchp@mail,state.f1,us
Thank you.
Cliff Schneider
I am trying to have a submerged vessel removed from -Tropical BaY' off Bogie Channel in Big Pine Key.
The GPS LA TIlON Position is:
24 deg 41.288 min North
081 deg 21,' 08 min West
It an exterme hazard. The vessel is an old houseboat that sank several years ago, Hurricane Georges ripped
the top off and blew it west towards shore. The hull lower portion is at the above LA T/LON. It is full Of Jagged
metal, fiberglass, steel rod, railing. and an engine block. It is barely visible and in the path of boanng.
I periodically tie mar1cer buoys around the hull. I dive down to attach the lines. Someone or ones cut the buoys
leaving the vessel inviSible. Boate':6 and passengers are going to be 5eV'::rely hurt. not to mention resulting
property and marine resource damages. _
I reported this problem to a marine dean-up contractor working in our area after Hurricane Georges, He said
he and the County were aware of it. Further. he said it was to be removed. It never happened.
Last summer, July 2001. I reponed this vessel to the Florida Marine Patrol, They said they would investigate
and call me back_ No response was made.
Who can correct this extremely hazardous condition? I frli!quently read Florida Keynoter artiCles Cit!~ boating
safety ISSues in Mo"fOe County waters. They cite county government and law enforcement concerns for safety.
Removal of this marine hazard would be proof that these concerns are real. How long should it take to correct
this problem?
For the record, f am a Monroe County property owner.
Please help.
2/14/02
,2-14-20022:16PM
Thank you,
Cliff Schneider
Naples and Big Pine Key
(941) 597006182
2114/02
FROM
r~~ 4 Ul .l.
24 Hr.
Service
SPJ!Y!W~I~.
Our Experience will save you Time and Money
VHF
Ch. 16
FebI5.2002
Kim McGee
Marine PrOjects Coordinator
At fax #I, 295-4317
PROPOSAL
Salvage and properly dispose of marine debris consisting of the remains of a 32-
foot fiberglass powerboat including the engine, nmning gear, personal effects and
remains of the superstructure. All debris within 100 feet of the huJllocarion will be
salvaged and properly disposed of Work to be performed is located in Bogie Channel,
Big Pine Key and will be completed at the earliest possible date.
COST: $3000.00
,~t-.
DUKE PONTIN . P.O. Box 24. .81g Pine Ke" Florida 330.3
(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 for the removal and disposal of
hazardous marine debris located in Tropical Bay of off Bogie Channel, Big Pine Key.
Digital photos are attached as Exhibit A.
2. The work performed under the Contract shall commence immediately from the
date the Liaison provides the Notice to Proceed and shall be completed by March 31,
2002.
3. The Contractor understands the rules and procedures instituted by the Board to
ensure an orderly progress to the project.
4. The Board shall pay the Contractor the total sum of $3,000.00 for the removal
and legal disposal of hazardous marine debris shown in Exhibit A of this Contract.
Payment shall be upon completion by the Contractor and review and approval of the close
out documentation by the Marine Projects Coordinator.
5. The attached Exhibit A, Insurance Requirements attached as Exhibit B and the
Agreement forms 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 Monroe
County Board of the County Commissioners from any and all claims for bodily injury
(including death), personal injury, and the property damage
(including property owned by Monroe 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 the paragraph 11 does not vitiate this
indemnification provision.
7. The Contractor acknowledges his! her intention to comply with the need to
coordinate all work with the appropriate environmental agencies, the U.S. Coast
Guard, and the County.
8 . The Contractor agrees to supply the County with a set of photographs of the
debris removed along with a letter certifying completion of work.
The Contractor will be responsible for the camera. film, and development costs.
The Contractor also agrees to provide transportation for the Liaison to conduct a site
inspection.
9. The Contractor understands and agrees that no payment will be made for this
project without required photographs and written certification of completion.
10. Due to the use of heavy equipment and, at times, dangerous work
environment the Contractor understands and acrees to maintain an alcohol and drug free
work environment.
11. The CONTRACTOR will be responsible for all necessary insurance coverage
as indicated by the an "X" on the attached forms of Exhibit C identified as General
Insurance Requirements and INSKLST 1-4, as further detailed on forms WC1, WCJ~
GL 1, VL 1, & WL 1. All policies must list Monroe County as additional insured with the
exception or the Workers 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
direction, terminate this 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
\\'ith a public entity for the construction or rejJair of a public building or publi~ work, may
not submit bids on leases real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor. or consultant under a contract with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO ($1O,000.C9} for a period of36 months from the date of being
placed on the convicted vendor list.
14. The Board may terminate this Agreement with or without cause at any time
upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt
of the notice, shall immediately cease work. The Board must pay the Contractor the
percentage of the contract price which is satisfactory to the Board up to date the
contractor received the notice of termination.
14. This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County.
IN WITNESS WHEREOF the parties here to have executed this agreement by 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:
24
HOUR
SERVICE
EXHIBIT A
VHF
J?J-RJT- ~ _ _ _ _...~ ~~ _~ C~EL
MARINE TOWING & ASSISTANCE
-:--..'
Copt. Duke Pontin & Copt. John Coffin
P. O. Box 430244, Big Pine Key, Florida 33043
305-872-2752
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