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Item M12 .. BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 6-18-03 Bulk Item: Yes I2SJ No 0 Division: Growth Manaaement Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Arnold's Auto & Marine Repair Inc. for the Emergency removal of DV3A3762 located off of Marathon. ITEM BACKGROUND: The City of Marathon requested assistance for the Emergency removal of this vessel. Two quotes received, Spirit Marine Towing & Assistance- $2,879.00 and Arnold's Auto & Marine Repair, Inc.-$1,500.00. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval TOTAL COST: $1,500.00 BUDGETED: Yes I2SJ No 0 COST TO COUNTY: Staff Time Only FUNDING SOURCE: BIF REVENUE PRODUCING: Yes 0 No I2SJ AMOUNT PER: MO $ YR $ APPROVED BY: COUNTY A TTYI2SJ OMB/PURCHA NG[8] RISK MANAGEMENT[8] DIVISION DIRECTOR APPROVAL: DOCUMENTATION: INCLUDED I2SJ DISPOSITION: AGENDA ITEM #: ~,/ a2., 3911 (Ext.) (Department/Stop #) Marine Projects Sectionl9 A enda Deadline: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Arnold's Auto & Marine Repair, Inc. Contract # Effective Date: Expiration Date: Contract Purpose/Description: Contract Manager: Kim McGee (Name) for BOCC meeting on CONTRACT COSTS Total Dollar Value of Contract: $ 1.500.00 Budgeted? Yesl!J No D Account Codes: Grant: $ BIF County Match: $ N/A Current Year Portion: $ .-liL - 62600 53()' 340 - - - - ---- - - - ---- - - - ---- 1.500.00 ADDITIONAL COSTS Estimated Ongoing Costs: $----.1Il.1Jyr For: (Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.) CONTRACT REVIEW Date In Division Director ~ /; / Ilf Risk Management '5' /J. q /6 '3 O.M.B./Purchasing 5~)03 County Attorney !J/dY/03 YesD No Comments: OMS Form Revised 2/27/01 Mep #2 Date Out , </:;1/6> 5 !::I-1tJ-u..:., 0.....;.....-''',,'- CITY OF MAR A THaN, FLORIDA 10045-55 Overseas Highway, Marathon. Florida 33050 Phone; (305) 743-0033 Fax: (305) 743-3667 FAX 'ro: FACSIMILE TRANSMITTAL SHEET FAX NUMlIER F1U)IIC: f:OMPANY, PIIONE NI.'MUI:R: SC:NI)HR.S 1t.r:I't::RF.Nr.r. NlIMRER: Rt'" YOUR REFliltliNCF. NloM8HK: --- ~. 0 FOR R"VlEw o PLEASE COMMeNT 0 PJ.E!I\S" RI-:')I.Y o I'I.E^SE Rm;yc:I.I, 'OTK'i/r:OMMI':N'j )0' J TL ~.~ L-d- U~ ~/t:~~~~ J::-~ vd-: {;J~ ~ ~ ~~~~ r n Tk~ 1o'~' (/ +L ~~ *-~ ~? p -- {- ~ r;tJ;; LHI- ' Ma~ 16 03 12:22p !Zl;n(,kl J %(/ @) 9!!k;rine rPlCpair. ~e. 55 -! (j J rei, [n' :w(' lr.....('~' ii'cs!. !-! 3.W,,;() 3()5-:;C)(,-383~ .1'1\- :;CJ:;-I)S,"C <f({r/lo/c/f, 1.j3'({ ({o/. ("0111 May 16, 2003 Kim McGee Marine Projects Coordinator 5503 College Road Room 2024 Key West, FI 33040 Dear Ms. McGee, Please accept this letter as our bid for the removal and disposal of the 19' boat located on FISHER MANS POINT, BOOT KEY. Our bid is $1500. Sincerely, ~ uJ ~~/ Richard W. Arnold - - 24 Hr. Service s MARINE TOWING &-ASSISTANCE Our Experience will save you Time and Money May 16,2003 Kim McGee Marine ProjectS Coordinator At fax 1# 295-3917 [ROPOSAL Spirit marine proposes to do the following work: Remove and properly dispose of the derelict vessel "DV 3'761.' descnDed as a houseboat, sunk in Boot Key Harbor. Marathon. Work will be perfonnedimmediately. ~OST; 5%.879.00 DUKE PONTlN . P 0 8 . . ox 244 . Big Pine Key, Florlde 33043 (305) 872-2752 VHF Ch. 16 CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2003, by and between, Arnold's Auto & Marine & Repair, 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 and perform all the work as required by the Specifications for the removal of DV3A3 762, located off of Marathon for which F.W.C.C. 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 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. Both the intent and the requirements of the Specifications, attached as Exhibit B, are understood by the Contractor. 4. Thc Board shall pay the Contractor $ 1.500.00 for the removal and legal disposal of DV3A3762 located off of Big Pine Key for which a F.W.C.C. Derelict Vessel Report is attached a 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 Requircments together with this Agreement, form the Contract. They are fully a part of this Contract as if repeatcd herein verbatim. 6. Thc 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 a set of photographs of the project 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 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 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 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 By: Witness. Witness: Title: OAt4..1 / ~ / '" .) EXHIBIT A " ./- DERELICT OR ABANDONED VESSEL REPORT DV# 37(02 or AV# INCIDENT # 03-SE-44- <0345 D REGIDOC# ~L""nO'" A F LENGTH.t1.FT. MAKE A.. "2"T"(;~ lYPE ~OU~R.",A." CURRENTLYREGISTERED? YES_NO~ LASTREGISTEREDDATE&'~D.Dn STATE e. RLN. ~I'~""?""l~ ~t'2.-. ALlEN? NO_ YES_ WHATCOUNlRY? HULL MATERIAL: WOOD _ F/G~TAL(SPI!CIFY) RUBBER_ OTHER (SPECIFY) COLOR \A.1LI~/~ \6. -r~ MOTOR ATTACHED? NO..lo='"YES_ OIB_J/O_IN_HOWMANY? ~A If ANY NAME. WORD. DISPLAY OR 0lHER IDENTIFIERS? t \Ur-=.o CUSTODIAN OR OWNER ~ e: Co "'T~~'U~.} "'j) M fi: D I "'"' A. DA 1E OF BIRlH q. 2 G. . S"O , ADDRESS ~'7 &.c"''''' WAY ....t.o""'~ CITY/~TAlEIZIP ~'1.P~~, C::L DRIVER'SLICEN5E# AA 1iSr;o "iz..c."., ~4t"__ ,... 5/S# ~82-z.a7 &.,A"7 OTImRID u....~ VESSEL'S PHYSICAL LOCATION ~.o~ C:t'M.I.ez,y';:"'\C' P&IL.l"ftS -"-- fLEoY WAD MARKER. NEARESTLANDMARK. ~lC..U~\~ P~u..~~ LATILONG Z4-.d:a.'C7.Q N &1006/"Z.2 4A \Iv DERELICfVESSEL CONDITION: WRECKED--==-. JUNKED-&.=:- SUBSTANTIALLYDISMANTI.ED &.- ABANDONED~ SUNK.-...- BROKEN UP_PART OFA VESSEL_ BURNED_ CAPSIZED_USTING~ SCUTTI..ED_ FULL OF HOLES_ FILLED WITH WEIGlIT_ FULL OF WATER _OTHER NUMBERS OR IDENTIFIERS REMOVED_VESSEL IS A HEALTH HAZA.RDtEXPLAUO ABANDONEDVESSELCONDmON: ABANDONED_ INOPERATIVE_ PARTIALLYDISMAN1LED_ NO APPARENT INTR.INSIC V ALUE_ PERSONAL ITEMS ONBOARD _ 0'lBER. VESSEL IS: AFLOAT_ ADRIFT_ AGROUND_ WASHED ASHORE_ INWE'ILANDS_ DOCKED_ PUll.ED ONSHORE_ .ANCHORED _ TIED TO OBJECT(sPEClFY) CAUSED BY: NATURAL DISASTER_ UNKNOWN_ OTIlER SUBMERGED ~% DEPTH 3- FEET DAMAGING SUBMERGED LAND: NO_ YES_ UNK..!=:: INJURING BENTHIC COMMUNITY: NO_ YES_ OTIIER: \J I<o.Jt.L. OTHER PROPERTY DAMAGE: NO ~ YES_ (iXPLAJN) L ~JtL. PROPERTY OWNER: STATE SUBMERGED LAND.l:::::" FEDERAL_ OTHER OWNER/ADDRESS NAVIGAll0NALBAZARD: NO_UNK_ YES~XPI.ALN) looJo L'61.r....~ A.T f,,),ot"'-.rU"'l" TOWED WITHOUT REPAIR.: NO~_ YES_(EXPLAJN) ENVIRONMENTAL THREAT: NO~ UNK~S_ (EXPLAIN) RECOMMENDED DISPOSITION: LEAVE AS IS_ REMOVE FROM WATER---=:::- TAKE TO LANDFILL &..- CREATE MARINE HABIT AT_ HAVE OWNER/CUSTODIAN REMOVE_ OTIlER NARRATIVE/DILIGENT SEARCH: ~~ D6V L~"'T't'p:r.2. IV\o.f1--eo OL.\ 4 .~& o!!:I. -- V +S5,0 ~- REPORTING OFFICER & ID# (PRINI) I"~ L~P~2 (SION) It'G. ~~.o ~ . OFFICER'S AGENCY & ADDRESS F~ .,.~q~ ole::. U. lo.. "i#: :Jljt'_aL>, '" DAm" ..... ,llZ. REVTEWEDBY(PRINT)/.;;I. S.~.<So \10 (SIGN) uL- ~13o DATEb5-0/~l>3 . -