Item C18
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 17. 18. 2003
Division:
Public Works
Bulk Item: Yes ~
No
Department: Facilities Maintenance
~
AGENDA ITEM WORDING: Approval of a Contract Amendment with Robbies Safe Harbor
Marine Enterprises, Inc. to revise Article 3.07 (B) clarifying renewal options.
ITEM BACKGROUND: Article 3.07 (B) of the original contract dated September 19, 2001 misleads
the reader to believe that the contract is renewable after the first year, and each succeeding year for two
additional one-year periods. The initial term of the contract was for three years, with the option to
renew for two additional one-year terms.
PREVIOUS RELEVANT BOCC ACTION: On September 19, 2001 the BOCC approved to award
bid and enter into a contract with Robbies Safe Harbor Marine Ent., Inc. for the Beach Cleaning,
Maintenance, and Beautification at Higgs Beach, Little Duck Key Beach, and Harry Harris Beach. On
November 20,2001 the BOCC approved a Contract Amendment allowing Robbies Safe Harbor Marine
Ent. Inc. to clean Higgs Beach 7 days per week utilizing the Beachtech 3000 everyday if needed.
CONTRACT/AGREEMENT CHANGES: Revision to Article 3.07 (B).
STAFF RECOMMENDATIONS: Same as stated above.
TOTAL COST:
N/A
BUDGETED: Yes No
COST TO COUNTY:
N/A
SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty --1L
OMBlPurchasing ~ Risk Management _ X_
{k p~ ~/zdIJ3
Dent Pierce, Director Public Works '
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
X
To Follow
Not Required_
DISPOSITION:
AGENDAITEM~/$
Revised 1/03
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with:
Robbies Safe Harbor
Contract #
Effective Date:
Expiration Date:
09/17/03
09/30/04
Contract Purpose/Description:
Amendment to revise Article 3.07
terms after the initial three ear term e
Contract Manager: Ann Riger
(Name)
4549
(Ext. )
Facilities Maint/Sto #4
(Department/Stop #)
for BOCC meetin on
09/17/03
A enda Deadline: 09/02/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 117,515.28
Budgeted? Y es~ No 0 Account Codes:
Grant: $ N/A
County Match: $ N/A
ear
Current Year Portion: $ 19,585.88
117-77040-530460-T37M102X-
118-78040-530460-T38M141X-
121-71040-530460-T31M199X-
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
ot included in dollar value above e . maintenance utiliti
CONTRACT REVIEW
Changes Date Out
Division Director J;t-;:, Ye~N-:O
RiskManagement 3hf!O 3 YesD Noff
O.MB.lPurchasing YesO NOEJ'~, a~J..J
County Attorney 9/~IR/03 YesD No~ ;;;,~
Comments:
OMB Form Revised 2/27/01 MCP #2
CONTRACT AMENDMENT
(Beach Cleaning, Maintenance, and Beautification at Higgs Beach, Little Duck Key Beach, and Harry Harris Beach)
TIllS AMENDMENT, made and entered into this 17th day of September, 2003, between
the COUNTY OF MONROE and ROBBIES SAFE HARBOR MARINE ENTERPRISES, INC.,
in order to amend the agreement between the parties dated September 19, 2001, and as amended
on November 20,2001 (copies which are incorporated hereto by reference) as follows:
1. Revise Article 3.07 (B) of the original contract dated September 19, 2001 to clarify the
option to renew for two one year terms after the initial three year term expires.
2. In all other respects, the original agreement between the parties dated September 19,
2001, and as amended on November 20,2001, remains in full force and effect.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seal, 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:
(Seal)
Attest:
CONTRACTOR
ROBBIES SAFE HARBOR MARINE ENT., INC.
By:
WITNESS
By:
Title:
Title:
By:
WITNESS
Title:
, .. J 1%r;oNTRACT AMENDMENT(""'
(I3e.ch Cleaning, Maintenance, and Beautification at Higgs Beach, Little Duck Key Beach, ,",d Harty Harris Beach)
""
TIllS AMENDMENT, made and entered into this 20" day of November, 2001, between
the COUNTY OF MONROE and ROBBIES SAFE HARBOR MARINE ENTERPRISES, INC.,
in order to amend the agreement between the parties dated September 19, 200 1 (a copy which is
incorporated hereto by reference) as follows:
1. In accordance with the Tourist Development Council's District 1 Advisory Committee at
their November. 7,2001 meeting, beach cleaning services at Higgs Beach will be changed
from 3 days per week to 7 days per week utilizing the Beachtech 3000 everyday if
needed.
2. Article 3.04 "The Contract Sum" shall be amended from Higgs Beach $3,300.00 per
month to $6,810.00 per month ($39,600.00 per year to $81,720.00 per year), and the sum
of Higgs Beach, little Duck Key Beach, and Harry Harris Beach from $6,140. Il per
month to $9,650.11 per month ($73,68L32 per year to $115,801.32 per year).
3. In all other respects, the original agreement between the parties dated September 19,
2001 remains in full force and effect.
Deputy Clerk
~~
By:
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W
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(Seal)
Attest:
CONTRACTOR
ROBBlES SAFE HARBOR MARINE ENT., INC.
By:
By ~f- f?;,J3eJ
Title:_Je-S'
BY77~~J
Title: ~U-d-~<-- ~ <
DEe 2 1 2001
.l.\"ln.o.l~' ~ MA.J.tlN.!\.
po._ )l20B Kcy West Florida 33(;',,:~'(i
PH: 806..294.1124 FXz 805-294..0963
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November 7th, 2001
Di rector of Purchasing
5100 College Road
Public Service Building
Stock Island, KW, Florida. 33040
(Fax) 305.292-4&1.0- ~q5 ~ 3&J, :L
ATTEN: Monroe County Commissioners ~.
CC: Ann Mytnik ~.
Ref: Beach Cleaning (Higgs, L.Duck Key, & Harry Harris)
As per Ihe TDOC meeting on November 7th, 2001 al3pm, Robbie's Safe Harbor
Marine Was approved 10 clean Higgs beach 7 times a week wilh (he BeachTeeh 3000
as is elUTently being done 10 both Smalhers and Resl Beaches for the Cily. The total
new price is as follows:
· Cleaning Higgs Beach with BeachTeeh 3000 (7 days a week) _ $6,810.00
monthly
As Ihe contract slates, we will remain cleaning Lil1le Duck Key and Harry Harris
beaches three times "'week. This j's the only new adjuslmenl to the eXisting COntract.
Robbie's lakes pride in being able to maintain and beautify the beaches of Key
West and Monroe County, We would like for everyone to relish and enjoy in the
beauty of the Beaches as well.
If there are any other questions please feel free to contact us at anytime!
Sincerely, -::if-
~----- ~ .---
.2bJ-z.2~0~' .
Robbie's Marine
Robert E. Reckwerdt/Prcsident
fit
,
.L\,U.til:HE' S MAR~A
P() 2208 Key Woet Florida &\)4/i
PH: 805-294.1124 Fx: 805.294-0908
Lobbickw@J!()Lcom
Director of Ptttchnsing
6100 College Road
Public SelVicc Building
Stock Island, KW. Florida. 33040
(FlU;) 805-292-4515 ;:
A TrE:N: :M:ont:oe ColUtty COInInissioncre ;'
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nef: Beach Cleaning (Higgs. L.Duck Key, & Hlll'ry nards)
October 4th. 2001
Per our conversation today, Robbie's would recommend cleaning Higgs neach
7 days a week as Ute City Bcaches (Smathers & Rcst) arc being done now, As writtcn
in the contract, We arc now receiving $3,300.00 for 3 days of Higgs beach clean lip,
For 7 Days of Higgs Beaeh clean up we would require $5,980,00 a monllL As the
figures will reveal, the COunty will receive One free day a week of beach maintenance
fnr Higgs Beach, Howevcr, Robbie's would like ti) bring in OUr Beachtech 3000 for
this onc day a1 an additional $830,00 a montJlto help in the heau1ification procc," of
the Beach.
^" for Little Duck Key We will remain cleaning it as stated in Ute conlract " 3
days a week As for Harry I.lanis Beach, We reCQmmend only maintaining J day a
week. This is due to the location, having a roek perimeter, and the beach being inside
the break water linc_
So, the bottom line is as follows:
{-.Currellt price to clean Higgs (3 days a week), $3,300.00 monthly
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'!'rice 10 Clean Higgs (7 days a week) regular $5,980.00 nl0nlhly
'Pncc 10 clean Higgs (7 day,,, wcek) 1 day a week wilh Ilcllch
Ckaner $6,810.00 nlonlhly
'tP1 ice to cl<:an Little Duck K<..~y only (1 (iBy a week)
$R10.OO rl)oJllhly
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Kobbic's fakes pride In bcing able to maintain and br , }ify the benches ofl(ey
, Weslnnd Monroo Coun,) We would like for everyone 10 relish and et\Joy in the
' "beauty ofth~ Beaches as well.
Ifthecc are any other questions please feel free to contact us at anytimcl
Sinccrely,
~!Jaf E. ;e~<rr-
Robbie's Marine
Robert E. ReckwcrdtIPrcsident
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CONTRACT
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TillS AGREEMENT, made and entered into this _.19th day of SeptembeI, 2001, A.D. by and
between Monroe County, Florida, (hereinafier called the "Owner"), and Robbies Safe Harbor Marine
Ent., Inc. (hereinafier called the ((Contractor").
WITNESSED:
as follows:
That the Parties hereto, for the consideration hereinafier set forth, mutually agree
3.01 THE CONTRACT
The contract between the owner and the contractor, of which this agreement is a part, consists
of the contract documents.
3.02 THE CONTRACT DOCUMENTS
The contract documents consist of this agreement, the specifications, all change orders, and any
addenda issued hereafter, any other amendments hereto executed by the parties hereafter,
together with the bid proposal and all required insurance documentation. "
3.03 SCOPE OF WORK
The Contractor shall furnish all labor, materials, equipment, maehinery, tools, apparatus, and
transportation, and perfonn all of the work described in the Specification entitled:
And his bid dated Augusr 29, 200 I, attached hereto and incorporated as p.., of' this contract
document, and shall do everything required by this Contract and other Contract Documents.
BEACH CLEANING MAINTENANCE. AND BEAUTIFICATION
' .
HIGGS BEACH- KEY WEST
LITTLE DUCK KEY BEACI-:r - MM 40
HARRY HARRIS BEACH - MM 93
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.
3.04 THE CONTRACT SUM
The Owner shall pay to the COnt'actm for th.e laithfi,I performance of the Cont'act. HI lawful
money of the United Stales, as follows
Higgs Beach $.1,}OODO per month [/1;-;>/0.00
Little Duck Key Beach $L?li~LD pCI' ll10nth
Harry HalTis Beach $-L_~)..2_,_'U~ per month
Total $.{}J4.911
per month
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3.06
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CONTRAcrOR'S AUCEPTANCE OF CONDITIONS
Any ambiguity or uncertainty in thc Specifications shall be interpretcd and construcd by thc
Owner, and his decision shal1 be final and binding upon all parties,
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The passing, approval, andl or acccptance of any part of thc work or material by the Owncr shall
not operate as a waiver by the Owner of strict compliance with the teons of this Contract, and
Specifications covering said work; and the Owner may require the Contractor andlor his Surety
to repair, replace, restore, andlor make to comply strictly and in all things with the Contract and
Specifications any. and all of sa i d work andl or materia Is which within a period of one year from
and after the date of the passi ng, approval, andl or acceptance of any such work or material, arc
found to be defective or to fail in any way to comply with this Contract or with the
Specifications. This provision shall not apply to materials or equipment nonnally expected to
deteriorate or Wear out and become subject to normal repair and replacement before their
condition is diSCOvered. Failure on the part of the Contractor andlor his Surety, immediately
after Notice to either, to repair or replace any such defective materials and worlananship shall
entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable COst of
such replacement andlor repair from the Contractor andlor his surety, who shall in any event be
jointly and severally liable to the Owner for all damage, loss, and expense caused to the Owner
by reason of the Contractor's breach ofthis Contract.and/or his failure to comply strictly and in
all things with this Contract and with the Specifications, "
PAYMENTS
In accordance with the provisions fully set forth in the General Conditions, and subject to
additions and deductions as provided, the Owner shall pay the Contractor as foHows:
The Counly shall pay to the Cont"actor for the performance of said service on a per month in
arrears basis. The Contracto, shaH invoice the County monthly for beach cleaning,
maintcnance, and beautification scrviccs performed under the Specifications contained herein. f
The Owner will, within ten days afler receipt of each invoice, either process payment or return
the invoice to the Contractor indicating in writing the Owner's reasons for refusing to
recommend payment. In the lalter case, the Contractor may make the necessary corrections and
resubmit the invoice Thirty days after presentation of the invoice with the Owners
recommendation, the amount recommended will become due and will be paid (0 (he
Contractor
3-<l7 TERM OF CONTRACT/nEN l<:\V A I,
A This Contract shall he I<" a pcnod of three (1) )'ea'" eommencmg Octobe, I, 200 I, and
tcnnmaling On September ]0. 2004 This Contrae, is renewable 'n aceordance wilh An,el,'
307B
B The Owne, shall have Ihe Oplnm 10 'enew Ihi, ag,eement aile, Ihe r.rst year. and each
'u eeeed m g I' ca " I<" I wo add", 0 na lone year pc, iod, The coni, a cl amou ut agreed (0 hcrc, n
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may be adjusted annu~;(y in accordance with the percentage~hange in the Consumer Price
Index for all urban consumers (CPI-U) for the most recent 12 months available. Increases in
the contract amount during each option year period shall be extended into the suceeeding Years.
C. Either of the parties hereto may cancel this agreement without cause by giving the other party
sixty (60) days written notice of its intention to do so. The county may tenoinate this
agreement for cause with 7 days written notice of its intent to do so.
3.08 HOLD HARMLESS
The Contractor shall defend, indemnify and hold harmless the Monroe County Board of County
Commissioners as indicated on fonn TCS.
3.09 INDEPENDENT CONTRACTOR
At all times and for all purposes under this agreement the Contractor is an independent
contractor and not an employee of the Board of County Commissioners for Monroe County.
No statement contained in this agreement shall be construed so as to find the contractor or any
of hislher employees, contractors, scrvants, or agents to be employees of the Board of County
Commissioners for Monroe County. t:
3.10 ASSURANCE AGAINST DISCRIMINATION
The Contractor shall not discriminate against any person on the basis of race, creed, color,
national origin, sex, age, or any other characteristic or aspect which is not job related, in its
recruiting, hiring, promoting, terminating, or any other area affecting employment under this
agreement or with the provision of services or goods under this agreement
3. I I ASSIGNMENT ~
The contractor shall not assign or subcontract this agreement, except in writing and with the
prior writtcn approval of the Board of County Commissioners for Monroe County and
Contractor, which approval shall be subject to such conditions and provisions as the Owner
may deem necessary. llJis agreement shall be incorporated by reference into any assignment
or suhcontract, and any assignee or subcontractor shall comply with all of the provisions of
this agreement Unless expressly provided for therein, such approval shall in no manner or
event be deemed '0 impose any obligation upon 'he Owner in addition '0 'he 'o'aI aWeed-upon
price of 'he serviceslgoods of the contractor. nor relieve the contrae'or of is obliga'ion, under
this Contract
3.12 COMPLIANCE WITH LAW
In IHOviding all servicc,lgoods pur's",u" to this aweement, the con'raC'or shall ab.de by all
S'<r'n' es, Or din,mc<", .ule, and regu la' ion, pc... ain in g 'a, or regula, i ng 'he provision, 01: such
"""we,. inel ud, ng 'ho'e now rn elf ee' and hcrcuran er adop' ed Any vrol<r'ion of s;ud sta' utes,
""Ii u,u""". ,,,Ie, and 'egu I", ion, 'liall Const i'Uk a ma'erial breach of 'h" agreeme'" and shal I
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entitle the Owner to terminate this contract immediately upon delivery of written notice of
tCmiination to the contractor.
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3.13 INSURANCE
Prior to execution of this agreement, the Contractor shall furnish the Owner Certificates of
Insurance indicating the minimum coverage limitations as indicated by an "X" on the attached
forms identified as lNSCKLST 1-5, as further detailed on forms WCI, GLl, and VLI, each
attached hereto and incorporated as part of this contract document.
3.14 FUNDING A VAILABILIlY
In the event that funds from Facilities Maintenance Contractual Services are partially reduced
or cannot be obtained or cannot be continued at level sufficiept to allow for the purchase of the
services/goods specified herein, this agreement may then be terminated immediately at the
option of the Owner by written notice of termination delivered in person or by mail to the
Contractor. The Owner shall not be obligated to pay for any services provided by the
Contractor after the Contractor has reeei ved written notice of termination.
3.15 PROFESSIONAL RESPONSIDILITY
The Contractor warrants that it is authorized by law to engage in the performance of the
activities encompassed by the project herein described, which is attached hereto and
incorporated herein as a part of this contract/agreement. The provider shall at all times exercise
independent, pro fcssional judgment and shall assume professional responsibility for the
services to be provided. Continued funding by the Owner is contingent upon retention of
appropriate local, state, andlor federal certification andlor licensure of contractor.
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3.16 NOTICE REQUIREMENT t
Any notice required or permilled undcr this agreement shall be in writing and hand delivered or
mailed, postage prepaid, to the other party be ccrtified mail, returned receipt requosted, to the
following:
FOR COUNTY
Monroe County Public Works
Facilities Maintenance Depal1ment
J :')83 S. Roosevelt Blvd
Key West, FL 11040
FOR CONTRACTOR
Robbies Safe Harbor Marine Ene, Inc.
P.O. Box 220R
Key West, FL 33045
3. J 7 GOVERNING LA \\lS
Thi, Agreemenl i, governed by Ihe law, of the State of Honda Vellue lor ally lilig."oll
ilIiSlllg !lnde! 1 hiS AgrcelllCIl\ must be ill Monroe County, Florida
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CONTINGENCY STATEMENT
Monroe County's performance and obligation to pay under this contract is contingent upon an
annual appropriation by the Monroe County Board of County Commissioners.
BOARD OF COUNTY COMMISSIONER
OF MONROE COUNTY, FLORIDA
~k~,e ~~
~ayor/Ch . an
By:Jl.J.&..C. ~~ ~
Deputy Clerk
Date: Oq - {'t - 0 I
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(SEAL)
Attest:
CONTRACTOR
Robbies Safe Harbor Marine Ent., Inc.
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By: " f'V\- ~'~~C.L'\Jv
NESS
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~ MY COMMISSION # CC 71771\0
~"l-ort\."'.f EXI'IRES: May 11\, 2U02
l-6OO-3-NOT MY A Notary Se<vioe & BoOOing Co
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