Item K14
Revised 2/27/01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 8-21-02
Bulk Item: Yes IZI No D
Division: Growth Manaaement
Department: Marine Resources
AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe
County and Spirit Marine Towing & Assistance for the Emergency removal of
DV3A3689 located just North of Maryland Shoals.
ITEM BACKGROUND: FWCC contacted the Marine Projects Coordinator and
requested that this vessel be removed immediately due to it damaging coral and posing
a serious threat to navigation and the general public. Due to its location the removal
required the use of a barge and crane. The closest contractor with necessary
equipment was Spirit. They were available to remove and dispose of immediately for
$4,800.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACTIAGREEMENTCHANGES: N~
STAFF RECOMMENDATIONS Approval
TOTAL COST: $4.800.00
BUDGETED: Yes IZI No D
COST TO COUNTY: Staff Time Onlv
100% Grant Funding
REVENUE PRODUCING: Yes D
APPROVED BY: COUNTY A TTYIZI OM
DIVISION DIRECTOR APPROVAL:
RISK MANAGEMENTIZI
AMOUNT PER: MO $
YR$
DOCUMENTATION: INCLUDED IZI TO FOLLOW D NOT REQUIRED
DISPOSITION:
AGENDA ITEM #:
/J/y
MONROE COUNTY E~ARD OF, COUNTY COMMISSIONERS
CONTRACT SUMMARY
.
Contract with: Spirit Marine Towing COntract #
& Assistance Effective Date:
Expiration Date: 8-31-02
Contract Purpose/Description:
Emer2encv removal of DV3A3689 located North of Marvland Shoal~
Contract Manager: Kim. McGee 4511 Marine Resource~-
(Name) (Ext. ) (Department/Stop #)
Marine Projects Section
for BOCC meeting on 8-21-02 Agenda Deadline: 8-7-02 #9
CONTRACT COSTS
Total Dollar Value of Contract: $ 4,800.00
Budgeted? Yesl!J No 0 Account Codes:
~:$ 4,800.00
County Match: $ NI A
Current Year Portion: $ 4,800 .00
125 _ 5370- 62512 530490 GB0212-530340
ADDITIONAL COSTS
Estimated Ongoing Costs: $ N/A/yr For:
(Not included in dollar value above) (e2. maintenance. utilities. ianitoriaL salaries. etc.)
CONTRACT REVIEW
Division Director
Changes
D~e ~g ~ Needed /
~""lYV- YesO NoB' _
Risk Management <6 -(o..-ill-y esO NoB
O.M.B.lPurchasing YesO No
Col1Illy Attorney r;i~/ =' -- Y 050 Nol2!l'
Comments:
OMB Form Revised 2/27/01 MCP #2
Date Out
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24 Hr.
Service
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Our Experience will save you Time and Money
July 20, 2002
Spirit MariDe propoleS to do the follong .work:
Salvage and properly dispose of. 2S..foot sailboat named "My Girl". "My Girl"
was thc'cuualty of. wreck-orr Marilyn Shoals. Debris fiom this wreck is spread out over
a 100 square yard area. All debris will be removed as part of'this proposal.
Cost: S4.8OO.oo
DUKE PONTIN . P.O. 80x 244 . .'g Pine Key, Florid. 330.3
(305) 872-2152
VHF
Ch. 16
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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 and perform all the work as
required by the Specifications for the emergency removal of DV3A3689 for which a Florida Fish
and Wildlife Conservation Commission Derelict Vessel Report is 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 Fish and Wildlife Conservation
Commission-Division of Law Enforcement and shall comply with those rules, along with the rules
and procedures instituted by the Board to ensure an orderly progress to the project. Both the intent
and the requirements of the Specifications, attached as Exhibit B, are understood by the
Contractor.
4. The Board shall pay the Contractor $ 4.800.00 for the removal and legal disposal of
DV3A3689. Payment will be upon completion of work by the Contractor and review and approval
by the Marine Projects Coordinator.
5. The attached Derelict Vessel Reports, 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,
1
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 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.
II. 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, GL I, WL I, & POL I 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
2
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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 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 fIrSt written above.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
By:
Deputy Clerk
Witness:
Witness:
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
3
FWC SPECIHL t:.N/" ~~n , ...~ 'vw
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EXHIBIT A
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FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION
DMSION OF LAW ENFORCEMENT
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MEMORANDUM
DATE: July 19th.. 2002
TO: Kim McGee
FROM: Offtoer Bill Green. F. W. C.
SUBJECT: Emergency removal of vessel from coral reef in state weters.
The vessel desCribed in this report ~ed on coral formationS just north of Maryland Shoals around
12:00 A. M. wednesdaY, July 11th. It was in pretty poor c:cnditiOn before the incident and is naw
tmic8lly a total wreck. It is in extremely shalloW water among numerous coral"- and haS a strong
potential fer doing more damage if weather conditions deteriorate and swells push it around Ute area.
The owner of the boat was taken off by the U. S. Coast Guard and he is nail in the hoSPital in KIly
West- He is 64 yrs. of age and h8s quite. few he8lth problemS which are being attended to. He is
withOUt finanCial or any other resources to effect the vene&'s removal He baIic8UY surviVeS on a
disability inQ)me. He knoWS that his venet is destroyed and is only inteteSted in personal property he
haS aboard it The vessel is his residenCe.
I would 8PJ.'ocC;ate any aslistanCQ you could giVe me in quiCldy removing this veseet. It ha$ already
dcne a fair amount of damage to the coral. and a speedY removat may prevent 8V8f1 more. Also. it would
help to prevent further losS of Mr. Simpkins' property. In adc:fit,icn. there are some plaStic contain81S of
tuel aboard which may soon cause a problem.
T11ar1k you for your assistance. If you need to contact me I can be readied on my cell phone
( 305-872-7852 ).
tllk. ~l:".\..LMl... ~l"
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EXHIBIT A
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DERELICT OR ABANDONED VESSEL REPORT
Incident Summary #
02-SE44-8647. DV# 3619
Reg/DOC _SC 295 (BH ' .. LencJtt' ~ ft. Make liuater "
Ves=sel Curren1!y Registered~ Yes No Last Registered DatA til 02103
Hull Material: wood F/GXMel;lI)(':_r_OlIW.--AIi"-
COlor_White Motor Attac:hed: YII: G...-TypaO\dbolld H.I.N~50129M16C
Name on VesseJ..My Girl. Other ldentifi~ Floati!'9 AgrUUDCl
V.... C)wnerICustDdian:
D. O. B.07/17131 DriVer's Ucense ~tate:NONE - SuspeDicd 0&4 otlCaasls
Boat Reg. Address: 4375 Hwy. 172 Soc Sec:073 - 30 - 3436
CitylState/ZiP: Hollywood. S. C.29449 Other I.D~one
Physical Location of V...el:
County: Momve latlLong:N 24 ...31.32 miD.. W 011.,34.75 miD.
Condition of "Derelict: WreCted X Junked _ Disnf.nued _ Sunk-X
AgroundX Broken up ~ Bumed _ Capsized _ Usting_
Other/explain: Photo's Taken: Yes X No
COndition of Abandoned;Abandone..A.. InoperativeX PartiaUy Dismantled_NoAPParent
Intrinsic Value Personal ItemS on Yes Such as: Raft, c1otbeS. ~ cfleds
Submerged %-;iO Depth in feet:1 Damaged Submerged Lands: V-A No_
Other Property oamage: ves,rNo_ Explain: Nat. MIriDe SIDdUIIY ~ ( COdl )
Aftoat Adrift In Wetlands Washed Ashore QlhlrQrouadccl 011 o~ shoal/ conlreef
Tted tOi5Ock_ Tied to O~ ~ain: - AnchOred
Pulled to Shore Below M.H.W.l. Abtl:Ne M.H.W.L Other.
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Cause: Unknown_Natural Disalter_ Other (eJq)lain)ap.rator CD'ClI'
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Property Owner. State Submerged land.2( Federal PropertJ X other (explain) Fl. Keys N.boaal M.me SmcL
Owner/Addren: '
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_lD_iglIIiOIr.Yeo X9-."" Unk_ _(apII1inIV--------
~..r to I!nvt.......:..: v.. No___Unk_ How (....-) _lboI,.;n. -..;.Dy ---
Towed WIthout Repair: Yes No Unk Other
~.....ded O..-uon: Remove fiOm -XTake to Landfiu-x'-Recycle Metal
Haw the QwnerICustodian Remove_Turn CNefto Another _ .leave.s is
c..... M8rine Habitat or Artificial Reef _ Other
......livelOUUgent Search: (explain) OD07/18102 I spoiewith meowaerofthc w:sse1. who \WI at die time
~Idwl He __ that be 8lIIUIDtld tba his bolt WII d,....pd beyoadftPli!. Also he said tbaI he lacbcl fiw....-s or
resources to reDlCMl the wreck fi'aIIl1be red: His oaly aa:em was for ~ td'tMtY ad eftilcIs left on 1hc ~ which
iJ his home.
::.- OlliO."nI~~~dliImB._F. W.e.
otIIcerSiQnlture: ~ -. ~ S 00
Reviewed by: U. Lh'IJ_ .d dJiI5.
Reviewer's Signature:~ (,,4b~ ( "z.cS"%.)
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FWCDLE-048 (12-01)
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Type
State S. C.
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Date: 071191f1l
Date: ,,7.''1 -(:J "z
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Chart 10:
Top Left:
8atIDm Riaht
FLORIDA KEYS SOMBReRO KEY 10 SAND KEY
11442 1 r
24-3tf"rN 81.38'24.W 1\U-'J SF='~/I- ~i~
24- 2T 32'" N 81.30' 51. W U ~ - "'1 .J~ \} J
eMAPTECH.IN<
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