Item K2 K.2
County �� � .�� �y,4 ' �, "tr, BOARD OF COUNTY COMMISSIONERS
Mayor Michelle Coldiron,District 2
�1 nff `ll Mayor Pro Tem David Rice,District 4
-Ile Florida.Keys Craig Cates,District 1
Eddie Martinez,District 3
w � Mike Forster,District 5
County Commission Meeting
May 19, 2021
Agenda Item Number: K.2
Agenda Item Summary #7902
BULK ITEM: Yes DEPARTMENT: Planning/Environmental Resources
TIME APPROXIMATE: STAFF CONTACT: Celia Hitchins (305)289-2505
N/A
AGENDA ITEM WORDING: CONTINUED FROM MARCH: Approval of a Resolution waiving
purchasing policy to assure the removal, refloating, demolition and disposal of derelict/non-derelict
vessels, floating structures, marine signs/debris, installation/maintenance of aids to navigation and
regulatory markers in Monroe County are done expeditiously by clarifying the administrative
procedures and waiving Chapter 2.(D.)(7.) of the Purchasing Policy requiring legal approval of the
standardized task orders for individual jobs awarded to pre-qualified contractors
ITEM BACKGROUND: Since 2008, Monroe County has contracted with pre-qualified marine
salvage contractors for the removal, refloating and/or demolition and disposal of derelict vessel and
marine debris. In 2009, the Board approved Resolution 242-2009 (attached)to streamline and
expedite the administrative procedures for this time-sensitive work by clarifying procurement
methods and purchasing level authorization to award individual service jobs.
At the expiration of these contracts in 2018, the Board directed the Marine Resource Office to solicit
a new proposal for these services as well as services for the installation and maintenance of aids to
navigation and regulatory markers. The Board subsequently approved contracts with twelve (12)
marine contractors to perform these services. Upon execution, these new contracts nullified
Resolution No. 242-2009 that was specific to the previous solicitation and does not cover procedures
for waterway marker work. As a result, this has prompted the need for a new resolution (attached)to
continue the administrative procedures for this work in order to expedite these contracted services.
In addition, Chapter 2.(D.)(7.) of the Purchasing Policy was recently created and outlines that"all
Task Orders must be reviewed and approved by the County Attorney's Office prior to execution."
The Marine Resources Office processes a minimum of fifty (50) Task Orders annually for these
services, using standardized templates for awards of individual jobs associated with these contracts,
and consults with the County Attorney's Office if/when a job involves an atypical deviation from the
Marine Resources Office's standardized template. Therefore, staff is requesting a waiver of this
requirement in the attached resolution.
In summary, the attached Resolution clarifies the administrative procedures for award of individual
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jobs to pre-qualified marine contractors under contract with Monroe County through the issuance of
such task orders through the use of standardized templates without the necessity of obtaining legal
approval of the standardized task orders.
PREVIOUS RELEVANT BOCC ACTION:
August 19, 2009 —Issuance of Resolution No. 242-2009 waiving Purchasing Policy to provide a
streamlined process for the Marine Resources Office to award jobs by task order regarding contracts
for the removal, refloating and/or demolition and disposal of derelict vessels and marine debris
CONTRACT/AGREEMENT CHANGES:
No
STAFF RECOMMENDATION: Approval
DOCUMENTATION:
Resolution 242-2009
Stamped-and-Signed Resolution
FINANCIAL IMPACT:
Effective Date: upon execution
Expiration Date: n/a
Total Dollar Value of Contract: n/a
Total Cost to County: n/a
Current Year Portion: n/a
Budgeted: n/a
Source of Funds: n/a
CPI: n/a
Indirect Costs: n/a
Estimated Ongoing Costs Not Included in above dollar amounts: n/a
Revenue Producing: n/a If yes, amount:
Grant: n/a
County Match: n/a
Insurance Required: n/a
Additional Details: none
None
REVIEWED BY:
Peter Morris Completed 02/18/2021 4:58 PM
Emily Schemper Completed 02/26/2021 4:04 PM
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Assistant County Administrator Christine Hurley Completed
03/02/2021 9:45 AM
Purchasing Completed 03/02/2021 9:49 AM
Budget and Finance Completed 03/02/2021 10:02 AM
Maria Slavik Completed 03/02/2021 10:03 AM
Liz Yongue Completed 03/02/2021 12:11 PM
Board of County Commissioners Completed 03/17/2021 9:00 AM
Board of County Commissioners Pending 05/19/2021 9:00 AM
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• K.2.a
RESOLUTION NO. 242 -2009
A RESOLUTION OF THE MONROE COUNTY BOARD OF COUNTY
COMMISSIONERS ADDRESSING PROCEDURAL ISSUES
PERTAINING TO THE "CONTRACT FOR REMOVAL, REFLOATING
AND/OR DEMOLITION AND DISPOSAL OF DERELICT VESSELS AND
MARINE DEBRIS"; PROVIDING CLARIFICATION REGARDING THE
INTENT OF THE CONTRACT; PROVIDING CLARIFICATION y
REGARDING QUOTE SOLICITATION AND JOB AWARD
PROCEDURES; AND WAIVING PURCHASING POLICY BY
PROVIDING ADDITIONAL PURCHASING LEVELS AND SIGNATURECL
AUTHORITIES TO EXPEDITE THE DERELICT VESSEL AND MARINE
DEBRIS REMOVAL PROCESS.
WHEREAS, the County Boating Improvement Fund is the funding source for removal
of derelict vessels,with typically$100,000 to $150,000 used each year for such functions; and
WHEREAS, in October 2007 the Clerk of the Court recommended to Growth
Management staff that contracts be established with multiple contractors in each sub-area of the
Florida Keys for derelict vessel and marine debris removal work, which would allow staff to
solicit quotes and award individual removal jobs to contractors, thus streamlining the removal 2
process by making it unnecessary to obtain Board approval for individual removal jobs which a,
exceed $25,000 or expenditures to individual contractors which cumulatively exceed $25,000 in
a single fiscal year; and
c
WHEREAS, following the recommendation of the Clerk of the Court, the County
Attorney's Office in coordination with the Marine Resources Office drafted contracts detailing
procedures for staff to solicit quotes and award individual derelict vessel and marine debris
removal jobs by Task Order; and
N
WHEREAS, subsequently the Marine Resources Office made a Request for Proposals to
marine contractors for the purpose of qualifying vendors and awarding the contracts; and
c
WHEREAS, thirteen (13)proposals were received from vendors both within and outside
Monroe County including Coffin Marine Services, Inc., Coral Marine Construction, ASAP Inc.,
Adventure Environmental, Inc., Bluewater Marine Services, Inc., Lower Keys Marine Towing
and Salvage, Inc., Upper Keys Marine Construction, Inc., DRC Emergency Services, LLC, Spirit
Marine, Arnold's Auto &Marine Repair, Inc., TSI Disaster Recovery Services, Aqua-Terra, Inc.,
and Gunderboom, Inc.; and
WHEREAS, a selection committee comprised of three staff members of Growth
Management reviewed and ranked the proposals, resulting in the selection of five (5) vendors
including Coffin Marine Services Inc., Coral Marine Construction, ASAP Inc., Adventure
Environmental Inc., and Bluewater Marine Services Inc., which were recommended to the Board
for approval of contracts at the March 2008 BOCC meeting; and
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WHEREAS, at its March 2008 meeting the Board of County Commissioners directed
staff to award contracts to all thirteen(13)vendors that provided proposals; and
WHEREAS, twelve (12) contracts were subsequently executed, as one of the vendors,
TSI Disaster Recovery Services, did not submit a signed contract to staff; and
WHEREAS, since the execution of the twelve (12) contracts Marine Resources staff has
been diligently processing derelict vessel and marine debris removal jobs in accordance with the N
guidelines of the contracts approved by the BOCC by soliciting written quotes and awarding
individual removal jobs by Task Order authorized by the Marine Resources Senior
Administrator, including individual jobs exceeding $25,000 and multiple jobs whichCL
cumulatively exceed$25,000 to an individual vendor in a single fiscal year; and
WHEREAS, a recent internal audit conducted by the Internal Audit Department of the
Clerk of the Court determined that Marine Resources staff is not adhering to Purchasing Policy
by 1) not receiving appropriate purchasing approvals, 2) not soliciting quotes in conjunction with
the Purchasing Department, and 3) not providing a competitive bid process for jobs over$25,000
or receiving Board approval; and
WHEREAS, clarification and further direction is necessary to ensure that the Board of
County Commissioners, the County Attorney's Office, Growth Management staff, and the Clerk
of the Court understand and are in agreement on the intent of, and the procedures described in, 2
the current contracts for vessel and marine debris removal;
0
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS OF MONROE COUNTY, FLORIDA:
0
Section 1. The intent of the twelve executed `CONTRACT FOR REMOVAL, W
REFLOATING AND/OR DEMOLITON AND DISPOSAL OF DERELICT VESSELS AND
MARINE DEBRIS' (Contracts) is to streamline the process for awarding individual jobs for
removal, thereby reducing the time required to remove such vessels and debris which may cause
environmental damage, impede navigation, cause property damage, and create life and safety
concerns.
0
Section 2. Consistent with the terms described in the existing Contracts, the Monroe a
County Board of County Commissioners hereby authorizes Marine Resources staff to solicit
quotes and award individual jobs as follows:
1) Solicit written quotes from approved contractors in the applicable geographic area
with a deadline for response by e-mail. These responses shall not be disclosed to
other vendors or the public prior to the end of the deadline to receive written
responses.
2) Receive and review quotes, selecting the lowest bidder.
3) Award jobs by Task Order with invoices and Request to Purchase to follow when job
is complete.
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Section 3. The Monroe County Board of County Commissioners hereby waives
existing Purchasing Policy by providing the following purchasing levels and authorizations for
work performed under the above referenced Contracts:
Dollar Amount Procedure Purchasinp,Authority
$.01.-$50,000 Multiple quotes to be Marine Resources Senior
requested by the Marine Administrator or Growth
Resources Office from Management Director N
contracted providers as
described in Contracts.
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$50,000.01 and over Sealed bids to be solicited BOCC approval required
by the Marine Resources
Office from the contracted
providers, and to be
delivered to and opened
by the Purchasing Dept.
Section 4. In the event of an emergency of an environmental or life/safety nature the 6
Monroe County Board of County Commissioners hereby authorizes the County Administrator or
the Growth Management Division Director to authorize approval of Task Orders over $50,000
and up to $100,000 for work performed under the Contracts. 2
Section 5. The Monroe County Board of County Commissioners establishes the
following example of the typical derelict vessel removal procedure:
1- FWC (or other law enforcement agency) provides a "Derelict or Abandoned Vessel
Report" and associated vessel documentation to the Marine Resources Office, legally
authorizing the removal of the vessel. a,
2- The Marine Resources Office writes a quote request with timelines for response and `-
job completion and e-mails the quote request, the derelict vessel report and associated
vessel documentation to approved contractors in the geographic area of the location
of the derelict vessel.
3- Approved contractors respond with quotes by e-mail to the Marine Resources Office.
4- After the quote deadline, the Marine Resources Office reviews the quotes and awards
the job by Task Order to the lowest bidder by e-mail. y
5- Subsequent to the removal of the derelict vessel the awarded contractor provides an
invoice, disposal receipts and photos to the Marine Resources Office by e-mail.
6- The Marine Resources Office submits a Request for Payment along with the invoice E
and associated documentation to the Purchasing Department for payment.
Remainder of Page Intentionally Left Blank
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PASSED AND ADOPTED by the Board of County Commissioners of Monroe County,
Florida at a regular meeting held on the 19th day of August, 2009.
Mayor George Neugent Y e s
Mayor Pro Tem Sylvia J. Murphy Yes
Commissioner Kim Wigington Yes
Commissioner Heather Carruthers Yes N
Commissioner Mario Di Gennaro Yes a
BOARD OF COUNTY COMMISSIONERSCL
OF MO E CO UNTY�) RDA ,
BY:
Mayor George Neugent
(SEAL)
ATTEST: DANNYY L. KOLHAGE, CLERK
Deputy Clerk
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MONROE COUNT
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3 `N , i tstiti"n i 1 �.
4
6 MONROE COUNTY, FLORIDA y
7 MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
2
8 RESOLUTION NO. -2021
9
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
0
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 2)
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 kQ to perform
32 the installation and maintenance of aids to navigation and regulatory markers in the Florida Keys
33 waters of Monroe County; and E
34 WHEREAS,the Marine Resources Office subsequently issued RFQs detailing procedures ..
35 for Marine Resources Office staff LD 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 E
37 structures, off-premises marine signs in Monroe County and Q 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 2
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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
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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. E
73 NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY ..
74 COMMISSIONERS OF MONROE COUNTY, FLORIDA, THAT: m
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/orb
84 procurement(s) for the same deliverables from marine contractors, the Board hereby authorizes
85 Marine Resources Office staff to do as follows: 2
c.
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 .2
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 0
97 work.
c
98 Section 6. The Board establishes, for the purpose of illustration,the following example of the 0
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 0
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 2
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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. 0
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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 o
139 resolution, or any remaining part(s) or portion(s) thereof. All other provisions of this resolution,
0
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.
144
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145 U)
146 THIS SECTION INTENTIONALLY LEFT BLANK
147
148
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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 Mayor Michelle Coldiron
152 Mayor Pro Tem David Rice
153 Commissioner Craig Cates
154 Commissioner Mike Forster
155 Commissioner Eddie Martinez 2
a.
156 u
157
158 (SEAL) BOARD OF COUNTY COMMISSIONERS
159 Attest: KEVIN MADOK, Clerk OF MONROE COUNTY, FLORIDA
160
161 By By: -�
162 As Deputy Clerk Mayor Michelle Coldiron
MONROECO
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ASSISTANT COUNTY A7rORNEY
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