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Item L09 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 4-16-03 Division: Growth Manaaement Bulk Item: Yes L2J No D Department: Marine Resources AGENDA ITEM WORDING: Approval to waive Monroe County Policy and Procedures and of the Contract Agreement between Monroe County and Blue Water Marine Services, Inc. for the removal of fifteen derelict vessels off of Key Largo. ITEM BACKGROUND: Funding for this years Derelict Vessel Grant with F.W.C.C.- Division of Law Enforcement expires at the end of May 2003. Because of this deadline there was not sufficient time to formally call for bids. Three Marine Contractors contacted and two responded. A.S.A.P., Inc. Marine Contractors-$60,565.00 and Blue Water Marine Services, Inc.-$27,801.97. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval TOTAL COST: S27.801.97 BUDGETED: Yes L2J No D F.W.C.C.- FUNDING SOURCE: Derelict Vessel Grant COST TO COUNTY: Staff Time Onlv REVENUE ?RCDUCING: Yes D No L2J AMOUNT PER: MO $ YR $ APPROVED 8'1: COUNTY ATTYL2J OMB/PURCHASING~ RISK MANAGEMENT[8] DIVISION DIRECTOR APPROVAL: DISPOSITION: AGENDA ITEM #: NOT REQUIRED D ~9 DOCUMENT.~ TlON: INCLUDED L2J TO FOllOW D MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRAcr SUMMARY Contract with: Blue Water Marine COntract # Services, Inc. Effective Date: Expiration Date: Contract Purpose/Description: ,1 nf ,1""_,,,,1';~... - _TT~n T_ J -g Contract Manager: Kim McGee 39U . - (Name) (Ext. ) (Department/Stop #) Marine Projects Section for BOCC meeting on 4-16-03 A2enda Deadline: 4, .,-0, CONTRAcr COSTS Total Dollar Value of Contract: $ 27.801.97 Current Year Portion: $ 27,801.97 Budgeted? Yes[] No 0 Account Codes: ~ Centract: - - Grant: $ ?7 ,ROl Q7 (, ,/~- (,tI(S--/~ ~f'1d-~"~~S.$"" County Match: $ l\l.' A - - - - --"'0 ADDmONAL COSTS Estimated Ongoing Costs: $ }l!~ For: (Not included in dollar value above) (et!. maintenance. utilities. ianitorial salaries. etc.) CONTRAcr REVIEW Date In Changes Needed _/ YesD No[!f _ I*'. _A Yes~ l~O[!f .J . Date Out Risk Mar..::i:c~ent .3 /~e /03 O.M.B.lP,.lIc:using '1Z'5/0 County At:orney .3 /;;;"7/03 Division Director 3b!/01 YesD No 3- . - . - . \ - ---L-' . -- - ----r- ...;;,. , . f Comments: -CJ OMB Form ReVIsed 2127/01 Mep #2 FROM :Blu~ Water MarIne ServiceS FAX NO. :305 230 3090 Mar. 19 2003 03:22PM P4 Blue Water Marine Services, Inc. d/b/a TowBOATIU.S. South Dade P.o. BOX 901716 Homestead, Florida 33090-1716 Phone (305) 130-0030 Fax (305) 230-3090 QUOTATION March 19,2003 TO: Monroe County Marine Projects From: Blue Water Marine Services, Inc. SUBJ: Removal of Derelict Vessels 3697 through 3736 The fotlowing quotation is for the removal of DV -3697 through DV- 3736 located in Key Largo. DV -3697 through DV.3736 can be removed for the sum ofS27,801.97. Blue Water Marine Services, Inc. wuierstands it is responsible for all disposal costs. Respectfully Submitted, - - .....-........ FROM : APH? FAX NO. :8524554 Mar. 19 2003 10:07AM Pi A.S.A.P INC. Marine Contractors P.O. Box 804 Tavernier. Fl. 33070 Phone 305-852-4554 3-19-03 Monroe County Marine Projects: Kim Mcgee CoordiDator: Bid on 15 DVs, as One Project: Key Largo Group: ~~oo A.S.A.P. lNe - - CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2003, by and between, Blue Water Marine Services, Ine. ("Contractor"), and the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, ofthe 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 removal of Derelict Vessels, Key Largo, Monroe County. A list of vessels is attached as Exhibit A. In the event that a vessel is not in its reported location a comparable vessel can be added to replace. The vessel must be a F.W.C.C. reported derelict vessel. 2. The work to be performed under this contract must be completed by May 16, 2003. 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 requirements of the Specifications, attached as Exhibit B, are understood by the Contractor. 4. The Board shall pay the Contractor $ 27.801.97 for the removal and legal disposal of Florida Marine Patrol marked derelict vessels. Payment will be upon completion of work by the Contractor and review and approval by the Marine Projects Coordinator. 5. The att::ched List. Specifications, and Monroe County Insurance Requirements together with this Agreement. form the Contract. They are fully a part of this Contract as if repeated herein verbatim. I 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 all 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 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 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 5-16-03 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 Cnntractor 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. WLl. & POLl attached as Exhibit C. 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, retained 'or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance 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 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 BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA Deputy Clerk By: Mayor/Chairman By: Witness: -'~ .~,' /p;- --e- /0'''' <::1 ./~ I, _ ; . '''l-<-t' Bus~e:ti tu~,:vU-<?UV':.u By.~~_i;V~ Title: \)7 Witness: 3 Exhibit A DV3A3697 DV3A3698 DV3A3699 DV3A3700 DV3A3701 DV3A3702 DV3A3703 DV3A3704 DV3A3705 DV3A3706 DV3A3707 DV3A3708 DV3A3727 DV3A3735 DV3A3736