Resolution 194-2021 f- �'11 1"t
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6 MONROE COUNTY, FLORIDA
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
8 RESOLUTION NO. 194 -2021
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10 A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
11 COMMISSIONERS ADDRESSING PROCEDURAL ISSUES PERTAINING
12 TO THE "CONTRACTS TO PERFORM REMOVAL, REFLOATING
13 AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS,NON-
14 DERELICT VESSELS, FLOATING STRUCTURES, OFF-PREMISES
15 MARINE SIGNS AND MARINE DEBRIS IN MONROE COUNTY" AND
16 THE "CONTRACTS TO PERFORM THE INSTALLATION AND
17 MAINTENANCE OF AIDS TO NAVIGATION AND REGULATORY
18 MARKERS IN THE FLORIDA KEYS WATERS WITHIN MONROE
19 COUNTY"; WAIVING CERTAIN PROVISIONS OF THE PURCHASING
20 POLICY TO EXPEDITE RENDITION OF THE PROCESSES TO
21 REMOVE DERELICT AND NON-DERELICT VESSELS, FLOATING
22 STRUCTURES, OFF-PREMISES MARINE SIGNS, AND MARINE
23 DEBRIS, AND TO EXPEDITE RENDITION OF THE PROCESSES TO
24 INSTALL AND REPAIR WATERWAY MARKERS.
25
26 WHEREAS,on December 13,2017, and on February 21,2018,the Monroe County Board
27 of County Commissioners ("Monroe County" or "Board") directed the Marine Resources Office
28 of the Monroe County Planning and Environmental Resources Department to advertise Requests
29 for Qualifications (RFQs) for staff to pre-qualify marine contractors LI) to perform removal,
30 refloating and/or demolition and disposal of derelict vessels, non-derelict vessels, floating
31 structures, off-premises marine signs and marine debris in Monroe County and/or(Q to perform
32 the installation and maintenance of aids to navigation and regulatory markers in the Florida Keys
33 waters of Monroe County; and
34 WHEREAS,the Marine Resources Office subsequently issued RFQs detailing procedures
35 for Marine Resources Office staff(D to solicit quotes and award individual jobs by task order to
36 remove, refloat and/or demolish and dispose derelict vessels, non-derelict vessels, floating
37 structures, off-premises marine signs in Monroe County and L2) to solicit quotes and award
38 individual jobs by task order to perform the installation and maintenance of aids to navigation and
39 regulatory markers in the Florida Keys waters of Monroe County; and
40 WHEREAS, in 2018 seven (7) contracts were subsequently executed with marine
41 contractors to perform removal,refloating and/or demolition and disposal of derelict vessels,non-
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42 derelict vessels, floating structures, off-premises marine signs and marine debris in Monroe
43 County; and
44 WHEREAS, in 2018 five (5) contracts were subsequently executed with marine
45 contractors to perform the installation and maintenance of aids to navigation and regulatory
46 markers in the Florida Keys waters of Monroe County; and
47 WHEREAS,Purchasing Policy Chapter 2.(D.)(7.) currently provides, in relevant part,that
48 "All Task Orders must be reviewed and approved by the County Attorney's office prior to
49 execution"; and
50 WHEREAS,Marine Resources Office staff processes a minimum of fifty(50)Task Orders
51 annually with standardized templates for awards of individual jobs associated with these contracts;
52 and
53 WHEREAS, these Task Orders are generally standardized templates with minor to no
54 variation by individual job; and
55 WHEREAS, when minor variations are included,they are based on unique circumstances
56 of the work necessitating additional marine contractor coordination with Marine Resources Office
57 staff and/or law enforcement or from additional provisions required when the job is associated
58 with grant funding; and
59 WHEREAS, these variations ensure law enforcement investigations are effectively
60 conducted, specific environmental concerns are addressed, and/or grant requirements are adhered
61 to by the hired contractor; and
62 WHEREAS, these Task Orders are routinely associated with work that is of a time-
63 sensitive nature to ensure the protection of life and boating safety,boating access,and of the marine
64 environment; and
65 WHEREAS, in this context Purchasing Policy Chapter 2.(D.)(7.) creates unnecessary
66 administrative burdens and delays in the awarding of these Task Orders; and
67 WHEREAS, since the execution of the above-referenced twelve (12) contracts, Marine
68 Resources Office staff has been consistently diligently processing LI) individual removal,
69 refloating and/or demolition and disposition jobs and (22,) installation and maintenance of aids to
70 navigation and regulatory marker jobs in accordance with the guidelines of the Board-approved
71 contracts by soliciting responsive and responsible quotes and awarding individual jobs by Task
72 Order.
73 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
74 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT:
75 Section 1. Recitals and Legislative Intent. The foregoing recitals are true and correct, and
76 are hereby incorporated as if fully stated herein.
77 Section 2. The intent of the above-referenced twelve (12) contracts is to streamline the
78 process(es) for awarding individual jobs for removal, refloating and/or demolition and disposal of
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79 derelict vessels, floating structures, off-premises marine signs in Monroe County and marine
80 debris and the process for awarding individual jobs for the installation and maintenance of aids to
81 navigation and regulatory markers in the Florida Keys waters of Monroe County.
82 Section 3. Consistent with the terms in the above-referenced present contracts, and
83 future/subsequent contracts pursuant to future/later competitive solicitations and/or
84 procurement(s) for the same deliverables from marine contractors, the Board hereby authorizes
85 Marine Resources Office staff to do as follows:
86 1. Solicit written quotes from approved contractors in the applicable geographic area with a
87 deadline for response by electronic mail. These responses shall not be disclosed to other
88 vendors or the public prior to the end of the deadline to receive written responses, except
89 as otherwise required by law.
90 2. Receive and review quotes, selecting the lowest bidder.
91 3. Obtain Purchase Order approval,as applicable, and award jobs by Task Order upon signing
92 authority by the County Administrator or his designee, with invoices to follow when the
93 job is complete.
94 Section 4. The process outlined in Section 3. exhaustively constitutes the entire purchasing
95 process necessary for Marine Resources Office staff to procure written quotes and to issue task
96 orders and to direct selected lowest bidders to proceed with performance of the above-referenced
97 work.
98 Section 6. The Board establishes, for the purpose of illustration,the following example of the
99 typical derelict vessel removal procedure:
100 1. The Florida Fish and Wildlife Conservation Commission ("FWC"), or other law
101 enforcement agency, provides a "Derelict Vessel Report" and associated vessel
102 documentation to the Marine Resources Office, legally authorizing removal of the vessel.
103 2. The Marine Resources Office writes a quote request with timelines for response and job
104 completion and e-mails the quote request, the derelict vessel report and associated vessel
105 documentation to approved contractors in the geographic area of the location of the derelict
106 vessel.
107 3. Approved contractors respond with quotes by e-mail to the Marine Resources Office.
108 4. After the quote deadline, the Marine Resources Office reviews the quotes, obtains a
109 Purchase Order (if applicable), and awards the job by Task Order (upon signature
110 authorization from the County Administrator or his designee) to the lowest pre-qualified
111 bidder by e-mail, or rejects all bids.
112 5. Subsequent to the removal of the derelict vessel the awarded marine contractor provides
113 an invoice, disposal receipts and photos to the Marine Resources Office by e-mail.
114 6. The Marine Resources Office submits a Request for Payment along with the invoice and
115 associated documentation to the Purchasing Department for payment.
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116 Section 7. The Board hereby and hereafter waives Purchasing Policy Chapter 2.(D.)(7.) for
117 the Marine Resources Office's present and future contracts W to perform removal, refloating
118 and/or demolition and disposal of derelict vessels, non-derelict vessels, floating structures, off-
119 premises marine signs and marine debris in Monroe County and/or (2)to perform the installation
120 and maintenance of aids to navigation and regulatory markers in the Florida Keys waters of
121 Monroe County.
122 Section 8. Construction and Interpretation. This resolution and its interpretation shall be
123 liberally construed and enforced in favor of Monroe County to effectuate its public purpose(s) and
124 policy(ies) of the County. The construction and interpretation of this resolution and all Monroe
125 County Comprehensive Plan provision(s), Florida Building Code, Florida Statutes, and Monroe
126 County Code(s) provision(s) whose interpretation arises out of, relates to, or is interpreted in
127 connection with this resolution shall be liberally construed and enforced in favor of Monroe
128 County to effectuate its public purpose(s) and policy(ies) of the County, and shall be deferred in
129 favor of the BOCC and such construction and interpretation shall be entitled to great weight in
130 adversarial administrative proceedings, at trial, bankruptcy, and on appeal.
131 Section 9. No Liability. Monroe County expressly reserves and in no way shall be deemed to
132 have waived, for itself or for its officer(s), employee(s), or agent(s), any sovereign, governmental,
133 and any other similar defense, immunity, exemption, or protection against any suit, cause-of-
134 action, demand, or liability.
135 Section 10. Severability. If any provision of this resolution, or any part or portion thereof, is
136 held to be invalid or unenforceable by any administrative hearing officer or court of competent
137 jurisdiction, the invalidity or unenforceability of such provision, or any part or portion thereof,
138 shall neither limit nor impair the operation, enforceability, or validity of any other provision of this
139 resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this resolution,
140 and remaining part(s) or portion(s)thereof, shall continue unimpaired in full force and effect.
141 Section 11. Repeal of Inconsistent Provisions. All resolutions in conflict with this resolution
142 are hereby repealed to the extent of said conflict. The repeal of a resolution herein shall not repeal
143 the repealing clause of such resolution or revive any resolution which has been repealed thereby.
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146 THIS SECTION INTENTIONALLY LEFT BLANK
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149 PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
150 Florida, at a regular meeting held on the 19th day of May, 2021.
151 r_� Mayor Michelle Coldiron Yes
152 Mayor Pro Tern David Rice Yes
153 Commissioner Craig Cates Yes
154 � 1,..„
A Commissioner Mike Forster Absent
155 Commissioner Eddie Martinez Yes
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158 (SEAL BOARD OF COUNTY COMMISSIONERS
159 Attest: KEVIN MADOK, Clerk OF MONROE COUN , h6RID'A
160 i 7..\
161 By By:
162 As De Clerk Mayor Michelle Coldiron
MONROE CO ATTORNEY
APP TO FORM
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PETER MORRIS
ASSISTANT COUNTY ATTORNEY
Date: 5.3.21
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