Item M10
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6-18-03
Bulk Item: Yes I:8J No D
Division: Growth ManaQement
Department: Marine Resources
AGENDA ITEM WORDING: Approval _
of the Contract Agreement between Monroe County and Blue Water Marine
Services, Inc. for Emergency Removal of a 28" x 70' tree off of Key Largo.
ITEM BACKGROUND: The Marine Resources Department received numerous
complaints from area residents concerning this tree posing a threat to navigation and
the general public. Blue Water Marine Services Inc. was available to remove and
dispose of immediately for $900.00.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS Approval
TOTAL COST: $900.00
BUDGETED: Yes [gJ No D
COST TO COUNTY: Staff Time Onlv
FUNDING SOURCE: BIF
REVENUE PRODUCING: Yes D No I:8J AMOUNT PER: MO $ YR $
APPROVED BY: COUNTY A TTYI:8J 0
DIVISION DIRECTOR APPROVAL:
Garry, AICP
DOCUMENTATION: INCLUDED I:8J TO FOLLOW D NOT REQUIRED D
DISPOSITION: AGENDA ITEM #: M I 0
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACTSU~ARY
Contract with: Rlne Wat"er Marine Contract #
Services, Inc. Effective Date:
Expiration Date:.
Contract Purpose/Description:
al of a lar~e tree off of Kev Lareo.
Contract Manager: Kim McGee 3911 Marine Resources
(Name) (Ext.) (Department/Stop #)
Marine Projects Section #9
for BOCC meeting on 6-18-03 Agenda Deadline: 6-3-03
CONTRACT COSTS
Total Dollar Value of Contract: $ 900.00
Budgeted? Yes[j No 0 Account Codes:
Grant: $ BIF
County Match: $ N/A
Current Year Portion: $ 900.00
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ADDITIONAL COSTS
Estimated Ongoing Costs: $ N/ Alyr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Needed. /'
YesD NoEr _
Comments:
Date In
Division Director 6/~ / J>
Risk Management 5/),1(13 YesD No[B"'"
O.M.B./Purchasing {/~/t53 ~esD No~
County Attorney !)'/2-~./03 YesD No
OMB Form Revised 2/27/01 MCP #2
Date Out
"""~
CONTRACT AGREEMENT
AGREEMENT, MADE THIS
day of
2003, by and
between, Blue Water Marine Services, Inc. (" 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 for the removal and disposal of a
28" x 70' tree located in a Port Largo Canal off of Key Largo, Monroe County.
Photos are attached as Exhibit A.
2. The work performed under the Contract shall commence immediately from the
date the Liaison provides the Notice to Proceed and shall be completed by June 30, 2003.
3. The Contractor understands the rules and procedures instituted by the Board to
ensure an orderly progress to the project.
4. The Board shall pay the Contractor the total sum of $900.00 for the removal
and disposal of the tree. Payment shall be upon completion by the Contractor and review
and approval of the close out documentation by the Marine Projects Coordinator.
5. The attached Photos and Insurance Requirements together with this Agreement
form the Contract. They are fully a part of this Contract as ifrepeated herein verbatim.
6. The Contractor covenants and agrees to indemnify and hold harmless Monroe
County Board of the County Commissioners from any and all claims for bodily injury
(including death), personal injury, and the property damage (including property owned by
Monroe 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 the paragraph 11 does not vitiate this indemnification
provISIon.
7. The Contractor acknowledges his/ her intention to comply with the need to
coordinate all work with the appropriate agencies, and the County.
8 . The Contractor agrees to supply the County with a set of photographs of the
complete work along with a letter certifying completion of work.
The Contractor also agrees to provide photos of all phases of the project along
with dump receipts, and a letter verifying project completion. The Contractor will be
responsible for the camera, fihn, and development costs.
9. The Contractor understands and agrees that no payment will be made for this
project without required photographs and written certification of completion.
10. Due to the use of heavy equipment and, at times, dangerous work
environment, the Contractor understands and agrees to maintain an alcohol and drug free
work environment.
11. The CONTRACTOR will be responsible for all necessary insurance coverage
as indicated by the an "X" on the attached forms of Exhibit B identified as General
Insurance Requirements and INSKLST 1-4, as further detailed on forms WC 1, WCJA,
GLl, VLl, & WLl. All policies must list Monroe County as additional insured with the
exception or the Workers 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. 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
direction, 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 real property to a public entity, may not be awarded or perform
work as a contractor, supplier, subcontractor, or consultant under a contract with any
public entity in excess of the threshold amount provided in Section 287.017, for
CATEGORY TWO ($10,000.00) for a period of36 months from the date of being
placed on the convicted vendor list.
14. The Board may terminate this Agreement with or without cause at any time
upon giving the Contractor up to 10 days notice in writing. The Contractor, upon receipt
of the notice, shall immediately cease work. The Board must pay the Contractor the
percentage of the contract price which is satisfactory to the Board up to date the
contractor received the notice of termination.
14. This Contract is governed by the laws of the State of Florida. Venue for any
litigation arising under this contract must be in Monroe County.
IN WITNESS WHEREOF the parties here to have executed this agreement by the
day and year first written above.
(SEAL) BOARD OF COUNTY COMMISSIONERS
Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA
BY:
BY:
Mayor/Chairman
Deputy Clerk
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