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Item J12 Revised 2/27/01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 7-17-02 Bulk Item: Yes rgj 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 removal of marine debris/derelict vessel located off of the bay side of Marathon, Monroe County. ITEM BACKGROUND: The Marine Projects Coordinator received numerous complaints regarding this sunken marine debris/derelict vessel. It poses a threat to navigation and the environment and should be removed immediately. In the event of a storm it may also pose a threat to other boaters. Two quotes received, Blue Water Marine Services, Inc.-$9,816.31 and Spirit Marine Towing & Assistance-$8,700.00 PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval COST TO COUNTY: Staff Time Only BUDGETED: Yes ~ No 0 BIF TOTAL COST: $8,700.00 REVENUE PRODUCING: Yes 0 No ~ AMOUNT PER: MO $ YR $ APPROVED BY: COUNTY A TTYrgj OMB/PURCHASIN rgj RISK MANAGEMENTrgj ..-- DIVISION DIRECTOR APPROVAL: AGENDA ITEM #: NOT REQUIRED 0 J!Z DOCUMENTATION: INCLUDED rgj DISPOSITION: TO FOLLOW 0 MONROE COUNTY BQAlCl Ul" ~UUN 1 I \...U1VlNll;:);:)lVl'U...~~ CONTRACT S~Y Contract with: Spirit Marine TowinK COntract # & Assistance Effective Date: Expiration Date: Contract purposelDescription: Removal of marine i1...hr;~J..J , . , COntract Manager: Kim McGee 4511 . - u ~~~ (Name) (Ext. ) (Department/Stop #) Projects Section #9 for BOCC meetimz on 7/17/02 A~enda Deadline: 7/2/02 CONTRACT COSTS Total Dollar Value of Contract: $ 8,700.00 Budgeted? Yes(!l No 0 Account Codes: Grant: $ BIF County Match: $ N/A Current Year Portion: $ 8 .700 .00 157 - 6252~ 530-340 - ADDITIONAL COSTS Estimated Ongoing Costs: $ N I A Iyr For: (Not included in dollar value above) (eg. maintenance. utilities. janitoriaL salaries. etc.) CONTRACT REVIEW Changes Date In Needed Division Director -,-, II (J ~ Y esO No~ Risk Management {p-J 7 -0 d-yesO Nota- O.M.B.lPurchasing l4J..-"1/ b?- YesO Nog--: Date Out /)'2- Co~~gn;;}~m~Jn~n~~~ OMB Form Revised 2127/01 MCP #2 APR-IO-2002 11:08 PM ~1I111111 -- ^ -. H:. I;'[j -L' IUI ............- Blue Water Marine Servi.s..es, Inc. d/b/a TowBOATIU.S. South Dade P.o. BOX 901716 Homestead, Florida 33090..1716 Phone (305) 130-0030 Fax (305) 138-3090 QUOTATION April 10. 2002 TO: Monroe County Marine Projects From: Blue Water Marine Services~ Inc. SUBJ: Removal 55 Ft. Trawler The following quotation is for tbe removal of a 55 ft. Trawler' located on the Bay side of National Fishes. can be removed for $9,816.31. Blue Water Marine Services, Inc. understands it is responsible for all disposal costs. Respectfully Submitted, Capt. Todd Seeds Blue Water Marine Services, Inc. /' .jtlOO'''~O.L~ ~ "',-~ ~ -- 02/06/1999 12:1~ 24 Hr. Service s MARINE TOWING 6: ASSISTANCE Our Experience will save you Time and Money April 9: 2002 Spirit marine proposes 10 do the (oUowiDg work: Salvage and properly dispose of a 55-foot sunken powerboat located within the outer boat basin ofNationaI :Fisheries in Marathon. Cost: sa, 700.00 () ! , DUKE PONTIN . P.O. Box 244 . Big Pine Key. Florid. SS04S (305) 872-2752 VHF Ch. 16 CONTRACT AGREEMENT AGREEMENT, MADE TInS 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 and perform all the work required to remove and legally dispose of marine debris/derelict vessel, photos are attached as Exhibit A. 2. The work to be performed under this contract must be completed by August 31, 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. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board. The Contractor understands both the intent and the requirements of the Specifications, attached as Exhibit B. 4. The Board shall pay the Contractor $ 8.700.00 for the removal and legal disposal of marine debris/derelict vessel identified in Exhibit A. Payment will be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator. 5. The attached Derelict Vessel Report, 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 1 mIployees or agents. The purchase of the insurance required in paragraph II 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 8-31-02 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 VLl, WC1, WCJA, GL1, 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. 0 I 0-1990 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, conumSSlOn, 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 frrst written above. (SEAL) Attest: D~L.KOLHAGE,CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk By: Mayor/Chairman By: Witness: ~ :t Witness: 3 __ '":r.__ ~ ~ Exhibit A ::u: ~