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Item J20 Revised 2/27/01 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 7-17-02 Division: Growth Manaaement Bulk Item: Yes ~ No D Department: Marine Resources AGENDA ITEM WORDING: Approval of the Amendment to the Agreement between Monroe County and Arnold's Auto & Marine Repair for the removal of derelict vessels Zone 1-2,t02. o ITEM BACKGROUND: The F.W.C.C. has advised the remaining balance of Monroe County's grant funding has been certified forward and we can continue removing derelict vessels. The contractor has agreed to continue removing vessels at $44.52/ft. (low bid for Zone I-lower Keys). There isn't sufficient time to recall for bids. Upon execution of this amendment there will be three months remaining to remove approximately forty additional vessels. PREVIOUS RELEVANT BOCC ACTION: Contract With Arnold's Auto & Marine Repair approved 1-17-02. CONTRACT/AGREEMENT CHANGES: Time Extension STAFF RECOMMENDATIONS Approval TOTAL COST: $60.000 BUDGETED: Yes ~ No D COST TO COUNTY: Staff Time Onlv 100% Grant Funding REVENUE PRODUCING: Yes D No ~ AMOUNT PER: MO $ YR $ DIVISION DIRECTOR APPROVAL: APPROVED BY: COUNTY A TTY~ OM ~ RISK MANAGEMENT~ arry, AICP DOCUMENTATION: INCLUDED ~ OT REQUIRED D (leX) DISPOSITION: AGENDA ITEM #: MONROE COUNTY BOAJUJ UI'- t;UUNl Y ~UMM1::S;:)lV!"u,;,~WJ CONTRACT SUMMARY , Contract with: Arnold's Auto & Marine COntract # Repair Effective Date: Expiration Date: 10-15-02 Contract PurposelDescription: Derelict vessel removal Zone I COntract Manager: Kim McGee 4511 u . - (Name) (Ext. ) (Department/Stop #) Marine Projects Section for BOCC meeting on 7-17-02 A~enda Deadline: 7-2-02 CONTRACT COSTS Total Dollar Value ofContraet: $ 60.000 Budgeted? Yes{i] No 0 Account Codes: Grant: $ 60 .000 County Match: $ NI A Current Year Portion: $ 60 _ 000 125 - 5370 - 530490 GB02!12 530340 ADDITIONAL COSTS Estimated Ongoing Costs: $ NI A Iyr For: (Not included in dollar value above) (esz. maintenance. utilities. ianitorial. salaries. etc.) CONTRACT REVIEW Changes Date In Needed ~ Division Director Sf ,./ II-- YesO No~ ( Risk Management I' ~...D ;)-yesO No[J O.M.B./Purchasing "1/1{ 01..-Y esgNoD County Attorney 7/: /"2- Y es~ NoD -.q:~. I ommais:' ~ Date Out Sll6 ~ ?- - /- ~ OMS nn,Ptj~JPiflW1L2 bu </A.t 6tEC. Ii d ~~j 0 tJt- ~OP,'PIECf. IEO /f~ fVyJE?" '1~' J!l A1tflb 1'- JUL-11-02 08,08 FROM,MONROE COUNTY AT~Y OFFICE ID'3~b~~~~blb CONTRACf AMENDMENT TInS AMENDMENT TO TIlE AGREEMENT is adI: aad eatcrcd iDto this day of ~ between tile CoUDty ofMooroc. bereafter CoUZlty, BDd AmDlds Auto &; Marine Repair, IDC., brmdler CodbadOr, ill Older to am=d the .ee,.... betWCCD the parties dated Jaauary 17, 2002 . copy ofwhidJ js artacbecl to tbiI~ The Count)' Bad AnDIds Aura & Marine RepIir,Inc.,..... section 2 of tile JaDuary 11, 2002 asr<<~ as follows: 2. Tbe work perfonnecI under Cbe CoIIInCt sbIIl con-.-.-,e in\t1eJiatdy &om me date Liaison provides the Notice to Proceed ml shaD be compJetccl by ~bc::r IS, 2002. 3. n., Board sbaIl pay tile CODttIImr $44..52 per bear lOot 10r tbe remowll1ld legal disposal ofFJorida FISh lad WiJdJitO Coaaemdion Co"v..:c..~ marked. dc:n:tict VGSIIb. Payaat will be upoII co~ otwodt by ~ Coatr8cfor and review IIDd IIppI'OWl b)' die MariDD Pmjclets CoordiDIlor. ODe PIU1iI1 pa)'IIIeDt wiD be allowed duriu8 tbI CoIIIm:t period. Moame CoUllty's performltDCe ad obliphnD to pay uadu this....~.eat is cofttiaacat upon 8D mJPU3l appropriaDoD by the BOCC. IN WITNESS WHEREOF, tile pII'ties have ba'e 011 to set tbr:ir bands IIJd seaL ~ .)' aad year first writteA above. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By; Mayor I CbairmaD (Seal) Attest: Dauuy 1. KoJbage AmoJds Aula & MariDe Repair, loc. By: By~41,J w: t14 Tide: ~/~ / Wi .. \ J.._ . CONTRACT AGREEMENT AGREEMENT,MADETInS 17~ daYO~200~byand between, Arnold's Auto aud Marine Repair,Ine. ~~ and the BOARD OF COUNlY 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 removal of Derelict Vessels Zone I-Key West to the South end of the Seven Mile Bridge. 2. The work to be performed under this contract must be completed by Mav 15. 2002. 3. The Contractor understands the roles of the Florida Fish and Wildlife Conservation Commission Division of Law Enforcement and shall comply with those roles, along with the roles and procedures instituted by the Board to ensure an orderly progress to the project. Both the intent and requirements of the Specifications, attached as Exhibit A, are understood by the Contractor. 4. The Board shall pay the Contractor $ 44.52 per linear foot for the ranoval and legal disposal of Florida Fish and Wildlife Conservation Commission marked derelict vessels. Payment will be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator. One partial payment will be allowed during the Contract period. 5. The attached Specifications, and Monroe County Insurance Requirements together with this Agreement, fonn the Contract. They are fully a part of this Contract as if repeated herein verbatim. 1 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 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 two sets of photographs of each vessel in all phases of the removal and disposal process. The Contractor will be responsible for aU costs associated with the production of these photographs. Failure to provide required documentation may result in non-payment. 8. The Contractor must inform the County and the Florida Fish and Wildlife Conservation Commission 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 navigatio~ 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 5-15-02 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. I 1. 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, WCl, WCJA, GLl, WL 1, & POLl attached as Exhibit B. All policies must list Monroe County as additional insured with the exception of the Worker's Compensation policy. 2 ., ". . 12. The Contractor warrants that it has not employed, rd8ined or otherwise bad act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Qrdinance 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 pri~ or otherwise recover the full amount of any fee, commission, percentage, ~ or consideration paid to the former County officer or employee. 13. A person or affiliate who bas 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 lUlder 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 OF each party hereto have executed this Agreement the day and year first ......,.1'._ L. KOLHAGE, cLERK '~'Zi.~~ Deputy lerk BOARD OF COUNTY COMMISSIONERS OF MONROE CO , FLORIDA By: Mayor/Chairman Witness: . ^-' - Busmess Name:--2:t'f'.nL b S I o~l'4J By: X\- ,Q.J? , Title: (JS-O~ AAP~~~D AS TO FORM I 3 Witness: