Item K20
'.. .....
RevIRd 2127101
BOARD OF COUNTY CO"'IONERS
a.GENDA ITEM SUIBWtY
..,tillg DIte: 9-1e~
Bulk hem: v-181 NoD
DlvllIon: Growth M8n8aement
Department Martne RtISOUR:eS
AGBNDA ITEM WOfltDlNG: Approval of tne Contnld Agreement tNtween Monroe
County and Spirit M11rine TOWing & AItiItanGe for the Emecvancy removal of a 65'
dentIIct vasel and nann. debris Iocat8d off of M8rath0n.
rreM BACKGROUlVIO: Thtt vessef is posing . tnm to nevig8tiOn and the genenIt
pubfic and need. to be removed immediately. It containS twO dIeIeI engin.. that may
.conteIn fuel and it cunwntly ... on the bottom. . II d...tiO,.ttng repidIy. Two quotas
received. Blue Wate-r M.v. Ser\iOH. tnc;.-$16,1oo and Spirit M.me Towing &
AS$iatanGe412.900 .
PREVIOUS RELaY/VIr BOCC ACl1ON: None
CONTRACT/AGR!fW.llENT CHANGD: New Contract
STAFF RECOMIElllDAnoHI Approval
TOTAL COST: '12.QOO.OO
COlT TO cOUNn': Staff Time OnlY
IlUDGITED: Ves ~ No 0
BIF
RIYENUE PRODUCING: Yes 0 No ~ AMOUNT PER: Me'_ YR,
APPROVED BY: COUNTY A~ OMSIPURCHASJNG181 RISK MANAO~
DIVISION DIRECTOR APPROVAL:
rry. AICP
DOCu.ENTATIO": INCLUDED I55J TO FOU-OW 0 NOT REQUIRED 0
DlSPOSIT1QH: _ AGENDA ITEM.: ~o/2'?
MONKV~ \.,;IJU.N 1 Y .u~A1<JJ Uk' ,",UUN 1 Y UJMMl>>lVl'e.1W
CONTRAcr SUMMA&Y
Contract with: Spirtt: l'IIll'1Ile Tow1n& & CoDtrac:t' ;
Assist:a:Dl:. ~ Date:
-
&piration DIle:
COntract pwposclDescriptic,n:
- n~ .>II 6'" - ..-.I
COntract Manager. lC.1a Mc:c.. 4511 Karine -
(Name) (&t.) (Dowt-tmcntISlOP '> 9
"r~ Projec~e Sect~GD
for BOCC . on 9--18-02 - . o.d1ilw: 9-4...02
CONTRACT COSTS
Total Dollar Value ofCoIdIm;t: S 12.900
Budgeted? YesiJ No 0 Account Codes:
Oraut:$ BD
County MSich: S 111 A -"
Cum:m Year Portion: S L.o 12.900
-ill...-.J.nQ8->>D- -..ua....-
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ADOmONAL COSTS
&iPted Ongoing CostS: ~: HI A Iyr For:
eNol iDcIaded in doll.. value abo~) (alDlinllDlnce. utilid-. i..iIoriaL 1IiIri.. a;.)
CONl'RACT REVIEW
I)I.te OUt
Division Director
OMS Form Reviled 2/27/01 MCP W2
08/27/2002 09:38 3058727692
". COFFIN
PAGE 01
24 Hr.
Serv ice
S~W~A8sIs~-
Our Experience will save you Time and Money
August 28. 2002
Kim McGee
Marine Projects Coordinator
At fax #: 295.43) 7
PROPOSAL
Spirit Marine proDOses to do the followiD2 work: Salvage and properly dispose of
marine debris consisting of a 65-foot Wheeler Motor Yacht. This vessel is sunk and
abandoned in the Ocean Breeze canal system of Marathon.
Cost: S12.900.00
DUKE PONTIN . P.O. 80x 24. .81g Pine Key. Florid. 33043
(305) 872-2752
VHF
Ch. 16
FROM :Blue Water Marlne ServlceS
. .
F'AX NO. : 305 230 3090
Aug. 28 2002 12:S7PM P3
Blue Water Marine Services, Inc.
d/b/a
TowBOATIU.S. South Dade
P.o. BOX 901716
Homestead, Florida 33090-1716
Pbone (305) 230-0030
Fax (305) 230-3090
QUOTATION
TO: Monroe County Marine Projects
From: Blue Water Marine Services, Inc.
SUBJ: Removal of Marine debris
The following quotation is for the removal of marine debris located in
Marathon. The marine debris can be removed for the sum of $16,100.00.
Blue Water Marine Services, Inc. understands it is responsible for all
disposal costs.
Respectfully Submitted,
CONTRACTAGREEMffiNT
AGREEMENT, MADE THIS 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 October 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 $ 12.900.00 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
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 10-31-02 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, WCl,
WCJA, GLl, WL I, & 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, conmtission, percentage, gift, or
consideration paid to the fonner 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
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Deputy Clerk
By:
Mayor/Chairman
Witness:
Witness:
3
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EXHIBIT A
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