Item M11
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 6-18-03
Division: Growth ManaQement
Bulk Item: Yes ~ No 0
Deparbnent: Marine Resources
AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe
County and Spirit Marine Towing & Assistance for the removal of DV3A3740 located off
of Ohio Key.
ITEM BACKGROUND: This derelict vessel is a heavy 25' sailboat that is posing a
threat to the environment. Two quotes received, Arnold's Auto & Marine Repair, Inc.-
$3,500.00, and Spirit Marine Towing & Assistance-$2,348.00.
PREVIOUS RELEVANT BOCC ACTION: None
CONTRACT/AGREEMENT CHANGES: New Contract
STAFF RECOMMENDATIONS Approval
TOTAL COST: $2,384.00
BUDGETED: Yes ~ No 0
COST TO COUNTY: Staff Time Onlv
FUNDING SOURCE: BIF
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: INCLUDED ~ TO FOLLOW 0 NOT REQUIRED 0
DISPOSITION:
AGENDA ITEM #: A / /
,
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Spirit Marine Towing Contract #
& Assistance Effective Date:
Expiration Date:.
Contract Purpose/Description:
Emer2encv removal of DV3A3740 locatedoff of Ohio Kev.
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: $ 2,384.00
Budgeted? Yes[!] No D Account Codes:
Grant: $ BIF
County Match: $ N I A
Current Year Portion: $ 2.384 .00
~7_62600 - 530-~40
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ADDITIONAL COSTS
Estimated Ongoing Costs: $ Nt Afyr For:
(Not included in dollar value above) (eg. maintenance, utilities. janitorial, salaries. etc.)
CONTRACT REVIEW
Date In
Division Director I, III?{~
Risk Management 5 /.;. 9~:3 YesD No[3'
O.M.B./Purchasing 1;fg YesD NoE:(
County Attorney 5/2- S If) 3 Y esD N~
ChangeS~
Needed
YesD No
Date Out
'f..
>/3'/03
Comments:
OMB Form Revised 2/27/01 MCP #2
24 Hr.
Serv ice
SP!l!!~~ISmN~-
Our Experience will save you Time and Money
Apri16. 2003
Kim McGee
Marine Projects Coordinator
At fax # 295-3917
PROPOSAL
spirit Marine proposes to do the following work: Remove and properly dis?ose
of the derelict vessel located aground ocean side of Ohio Key near Sunshine Key Resort.
Vessel is described as a 2S-foot wooden sailboat. Work Will be performed immediately.
COST: S2.384.00
DUKE PONTIN . P.O. Box 244 . Big Pine Key, Florida 33043
(305) 872-2752
VHF
Ch. 16
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Arnold's Auto and Marine Repair, Ine
5540 3rd. Ave
Key West, FL 33040
305-296-3832
Fax#305-292-9882
APRIL 4. 2003
KIM McGEE
MAlUNE PROJECTS COORDINATOR
5100 COLLEGE ROAD
KEY WEST. Fl. 33040
DEAR MRS. McGEE.
OUR BID FOR 1lfE REMOVAL AND DISPOSAL OF DV3740 LOCATED
IN AT SUNSHINE KEY IS S3.S00.00.
~~Y. /fP A I
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t . ~w~ ARNOLD
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CONTRACT AGREEMENT
AGREEMENT, MADE TI-IIS day of
2002, by and
between, Spirit Marine Towing & Assistance ("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 emergency of DV3A3740 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 June 30.2003.
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 the requirements of the Specifications, attached as Exhibit B, are understood by the
Contractor.
4. The Board shall pay the Contractor $ 2.384.00 for the removal and legal disposal of
DV3A3740. 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
Requircments 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,
I
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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 6-30-03 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 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, WC1,
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.
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
2
contract without liability and may also, in its discretion, deduct from the contract or purchase
pricc, or othcrwise recover the full amount of any fee, commission, percentage, gift, or
considcration 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:
Wilncs~~~
W Itnes . w..
Business Name: ..s /:;)/1<1 r 1'1/11</106-
By:Lfk C~-
Tit! . /'1191V~ tPl5~
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EXHIBIT A
DE.J.lELICT OR ABANDONED VESSEL REPORT
DV# "3740 or AV#
INCIDENT # 03-SE-44- z,z, z. D
REGIDOC# H- ~444 I b.. LENGTIi~FI'. MAKEuouur ne~~,. TYPE <^ltJ~';
CURRENTLYREGISlERED? YES_NO~ LASTREGISlEREDDATE 1'L''Z~, ,0":1. STAlE t:L
H.LN. .It..l':l'....~c."'CJ 01Ql ALIEN? NO~YES_ ~TCOUNTRY? '-.1$.6.
HULL MAlERlAL: WOOD~ F/G_ METAL (SPECIFY) RUBBER_ OTIiER (SPECIFY)
COLOR W\.It'I1!: MOTORATIACHED? NO~ YES_ OIB_I10_IN_HOWMANY? t..IA.
ANY NAME, WORD, DISPLAY OR OTHER IDENTIFIERS? Uw.\oC.o
CUSTODIAN OR OWNER Bs:z.u~.t-J ~":1'';\W.e..I2.-r I(\~ DAlE OF BIRTH 06. I Q. t.ct
ADDRESS lol'OMEU!:c;S CITY/STAlEIZIP MD.Q.A"n4o~. c; ~~C15"O
DRIVIm'S LICENSE#~~~ S/S#5'7. Q2,- E;"2.Q OTHERID ....ouc.
VESSEL'S PHYSICAL LOCATION ~D.n'u ,;~ SkDIl:2aLIUlf. (0t"1C--0 ~""' tD ~v . MARKER
NEAREST LANDMARK ~U~~\.u~~ \u;" , AMD. LATILON__,~~
DERELICT VESSEL CONDITION: WRECKED~ JUNKED~ SUBSTANTIALLY,DISMANTLED a.--
ABANDONED~ SUNK...!. BROKENUP...I.o!::..PARTOF A VESSEL_ BURNED_ CAPSIZED_LISTING__
SCU1TLED _ FULL OF HOLES~ Fll..LED WITH WEIGHT_ FULL OF WATER-.!.. OTHER
NUMBERS OR IDENTIFIERS REMOVED_VESSEL IS A HEALTH HAZARD(EXPLAIN)
ABANDONED VESSEL CONDITION: ABANDONED ~ INOPERATIVEJ,C PARTIALLY DISMANTLED ~
NO APPAREN'T INTRINSIC VALlJE~ PERSONAL ITEMS ONBOARD-!. OTHER
VESSEL IS: AFLOAT_ ADRIFI'_ AGROUND~ WASHED ASHORE~ IN WE1LANDS_ DOCKED_
PULLED ONSHORE~ ANCHORED_TIED TO OBJECT(SPEclFY)
CAUSED BY: NATURAL DISASTER_ UNKNOWN~ OTHER
SUBMERGED ~ % DEPTH FEET DAMAGING SUBMERGED LAND: NO..J..!: YES_ UNK_
INJURING BENTInC COMMUNTIY: NO--. YES_ OTHER:
OTHER PROPERTY DAMAGE: NO~ YES_ (EXPLAIN)
PROPERTY OWNER: STAlE SUBMERGED LAND~ FEDERAL~ OTHER
OWNER/ADDRESS u.~.~. \AI. s:
NAVIGATIONAL HAZARD: NO~UNK_ YES_(EXPLAIN)
TOWED WITHOUT REPAIR: NO...s...-UNK_ YES_CEXP1.AIN)
ENVIRONMENTAL THREAT: NO_ UNK_ YES~CEXP1.AIN) B~^v,a..l~ t\Q
RECOMMENDED DISPOSITION: LEAVE AS IS_ REMOVE FROM WAlER~ TAKE TO LANDFll..L..!::::::....
CREAlE MARINE HABITAT_ HAVE OWNER/CUSTODIAN REMOVE_ OTHER
NARRATIVEIDILIGENT SEARCH: w~ r ~L"')~'T' t:iND Lh~ r .. ~~"1'b'n tb~. I2.L~~ lo\nc' ..,-
-11.1.0...,. \lll!!:. ""~ l ~C:"T' -rLl~ ~Co... -rut=, ~"'\L~ ,~A"I=D.""" '~C2.A~F-: Ie. n~t".s^c.~O.
REPORTINGOFFICER&ID#(pRINI) \h~~&:, r.tOF-~ 96'0 (SIGN) l)~~~tQ...~o?')
OFFICER'S AGENCY & ADDRESS OS::~r_ '2."7q&, b(s. u~v.., U~~~'Tu.n~ ~ C:L '!,'!>bS'"" DATE ~.1.7.,..'"
REVIEWEDBY(pRINT) I.:f S..J 60l.));'~ brw (SIGN) (I ~~ /){]O riATE03-3J~a3
FWClDLE418
DV #3740
Inc. #: 03-SE-44-2212
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FL 3444 LA
Located on South East Shoreline of Ohio Key
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