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Item M09BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 10-16-03 Division: Growth Management Bulk Item: Yes ® No ❑ Department: Marine Resources AGENDA ITEM WORDING: Approval of the Contract Agreement between Monroe County and Spirit Marine Towing & Assistance for the removal of DV3A3823 located off of Marie's Yacht Harbor, Marathon. ITEM BACKGROUND: F.W.C.C. requested immediate removal of this vessel due to it being a hazard to navigation and health. Two quotes received, Arnold's Auto & Marine Repair-$12,300.00, and Spirit Marine Towing & Assistance-$6,900.00. PREVIOUS RELEVANT BOCC ACTION: None CONTRACT/AGREEMENT CHANGES: New Contract STAFF RECOMMENDATIONS Approval TOTAL COST: 6 9$ 00.00 COST TO COUNTY: Staff Time Only BUDGETED: Yes ® No ❑ FUNDING SOURCE: BIF REVENUE PRODUCING: Yes ❑ No ® AMOUNT PER: MO $ YR $ APPROVED BY: COUNTY ATTY® OMB/PURCHASING® I MANAGEMENT® t DIVISION DIRECTOR APPROVAL: TI — - J McGar ICP DOCUMENTATION: INCLUDED DISPOSITION: TO FOLLOW ❑ NOT REQUIRED ❑ AGENDA ITEM #: MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Spirit Marine Towing Contract # & Assistance Effective Date: Expiration Date: Contract Purpose/Description: Emergency removal of DV3A3823 located off of Marie's Yacht Marathon. Contract Manager: Kim McGee 3911 Marine RecrnirrPg- (Name) (Ext.) (Department/Stop #) Marine Projects SEction 19 for BOCC meeting on 10 16 03 Agenda Deadline: CONTRACT COSTS Total Dollar Value of Contract: $ 6,900.00 Current Year Portion: $ 6,900.00 Budgeted? Yes® No ❑ Account Codes: 157- 62600 - 530 - 340 Grant: $ BIF - County Match: $ N/A - - ADDITIONAL COSTS Estimated Ongoing Costs: $ N/A /yr For: (Not included in dollar value above) (es. maintenance, utilities, janitorial, salaries, etc. CONTRACT REVIEW Change Date In Neede Division Director 7A?14> Yes❑ N Risk Mana�--ement y125"103 Yes❑ N O.M.B./Purchasing C1IZc.e oa es❑[� No -` —`-� 1 County Attorney J/a 111a3 Yes❑ No� Comments: OMB Form 1:�%. iz,,d 2. 27;'01 MCP Y2 Date Out A�/O) 9�zs l3 r 177/U.JI.=VVJ VV. 1V -'--- 24 Hr. Service UQ, MAR]tNE TOWING &ASSISTMCE Our Experience will save you Time and Money Sept 03, 2003 Kim McGee Marine Projeets Coordinator At fax # 295-3917 PROPOSAL: Spirit Marine proposes to do the following: Remove, demolish and piape ly dispose of a 41-foot Chris Craft located at slip #50, Marie's Yacht Haven in Maradm Vessel is also described as DV #3823. Spirit Marine will assume responsibility for this vessel immediately upon acceptance of this proposal. Work will begin immediately, weather pe mittin& -COST:_ DUKE PON71N • P.O. Box 244 • 819 Pine Key, Florida 33043 (305) 872-2752 VHF Ch. 16 Arnold's Auto & Marine Repair 5540 PAVE., Stock Island Key West, Fl 33040 9-3 -03 Dear Kim, We can remove and legally dispose of DV3 823 located at Marie's Yacht Harbor, Marathon for $12,300.00 Sincerely, Richard W. Arnold Owner CONTRACT AGREEMENT AGREEMENT, MADE THIS day of 2003, by and between, Spirit Marine Towing & Assistance ('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: 1. The Contractor shall furnish all the materials and perform all the work required to remove and legally dispose of DV3A3823 located off of Marathon, for which a 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 October 31, 2003, 3. The Contractor understands the rules of the Florida Fish and Wildlife Conservation Commission and shall comply with those rules, along with the rules and procedures instituted by the Board to ensure an orderly progress to the project. Monroe County's performance and obligation to pay under this Agreement is contingent upon an annual appropriation by the Board. The Contractor understands both the intent and the requirements of the Specifications, attached as Exhibit B. 4. The Board shall pay the Contractor $ 6,900.00 for the removal and legal disposal of DV3A3823. 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 Requirements 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, 1 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 10-31-03 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 VL1, WC I, WCJA, GLI, WL1, & POL1 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 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) BOARD OF COUNTY COMMISSIONERS Attest: DANNY L. KOLHAGE, CLERK OF MONROE COUNTY, FLORIDA By: By: Deputy Clerk Mayor/Chairman Witness: / ��� Business Name: f�(lZ / / �Y/� 12 / /V C i Wifiess; i' 7+.� (�. By: ^ ,G Title: ''" iU " MONROE COUNTY ATTORNEY APP .2'�OiiM: ROb I'. WOLEE CHIEF SIST, NTJy Y ` (?'CRNEI' Date Z ffiIBIT A INC]DENTISUMMARY REPORT NARRATIVE REPORT # IA,7 14� LM emonk ° SUPPL14tE�T � wo "M "- . -=We 0 Tr�11op--w:-M L V E !J G! ��/ LUUJ lU. `•JV :cv.+�.:�v +`+ .yz.- - DERELICT OR ABANDONED VESSEL REPORT DV# 38Z3 or AV# INCIDENT # 03-SE-44- i A-7 8 D REGIDOC# %.2 "t` LENGTH 4 t FT. MAKE Gtaats GQ.��T TYPEsops o r.s CURRENTLY REGISTERED? YES_ NO-jr LAST REGISTERED DATE_Ljij_* STATE wjh k H.I.N. ��...�_(u,,wp_ ALIEN? NO,, -YES_ WHAT COUNIRY? U A HULL MATERIAL: WOOD,.,F/G_ NMTALanco-n RUBBER_ OTHER mlcrm COLOR 1,1 u ma MOTOR ATTACHIED7 NO_ YES-kO/B_ I/O_ IN.. -HOW MANY? 1 ANY NAME, WORD, DISPLAY OR OTHER IDENTIFIERS? ..a c t4js CUSTODIAN OR OWNEDATE OF BIRTH—" .,g ADDRESS_ t-A rc- CITY/STATFJZIP u,. ,&- DRIVER'S LICENSE# S/S# OnIER IDV ld — VESSEL'S PHYSICAL LOCATIONSt.� cs '� 5� a .r�s �rer_ s.. -r w�o_��a. �. n MARKER NEAREST LANDMARK an .�s►.- d�LAT/LONG Z 4ad'A' S? N 8 j' 0c • C m DERELICT VESSEL CONDITION: WRECK-PD_.l,, JUNKED SUBSTANTIALLY DISMANTLED v ABANDONED SUNK? BROKEN UPS PART OF A VESSEL BURNED CAPSIZED` LISTING SCUTTLED— FULL OF HOLES_ FILLED WITH WEIGHT FULL OF WATERS OTHER NUMBERS OR IDENTIFIERS REMOVED..k., VESSEL IS A HEALTH HAZARD(rxpiAm) .r Xgamm- cfnjor. & ABANDONED VESSEL CONDITION: ABANDONED INOPERATIVE PARTIALLY DISMANTLED, NO APPARENT INZRINSIC VALUES PERSONAL ITEMS ONBOARD,,, OTHER VESSEL L5: AFLOAT ADRIFT AGROUND_ WASHED ASHORE IN WETLANDS, DOCK PULLED ONSHORE_ ANCHORED— TIED TO OBJECTcsacc m_12a&W��,tz CAUSED BY: NATURAL DISASTER_ UNKNOWN_he OTHER SUBMERGED Ai% DEPTH XL_ FEET DAMAGING SUBMERGED LAND: NO ✓- YES` UNK_ INJURING BENTMC COMMUNITY: NOS YES_ OTHER: OTHER PROPERTY DAMAGE: NOy YES_ cs�avvM PROPERTY OWNER STATE SUBMERGED LAND, FEDERAL_ OTHER OWNERIADDRESS NAVIGATIONAL HAZARD: NO_ UNK YESwer.vI M (.,.MM, . _ u ur�,t , .� TOWED WITHOUT REPAIR: N0, UNK_ YES.•t�xPLna:? �Y a� ENVDItONMENTAL THREAT: NO` UNK_ YES��.nrr� R��r.-� �p��t;f�L�s.� RECOMMENDED DISPOSITION: LEAVE AS IS_ REMOVE FROM WATERS TAKE TO LANDFILL +. -- CREATE MARINE HABITAT^ HAVE OWNER/CUSTODIAN REMOVE OTHER NARRATIVEIDILIGENT SEARCH:_ ►J �y ar%,jg� LPKCrec_ it t=.�� f� 6a�.�r A`� L;.�:.'S.�Jid•�Y �Aili%$A•�u REPORTING OFFICER 8t ID# cp+t►rm Use ,-ram , 3rto OFFICER'S AGaICY & ADDRESS o DA•I-E • 2$ 03 REVIEWIDBYnmm t.2 5.J,GOc.t g&ft Je rsrovt ( 3u DATE, Lf3-03 'RAVA DV 3823 Inc. # 03-SE-44-14781D Location: Marie's Yacht Harbor Club, Ave. I, Coco Plum r Blvd �, x Q��tV a Oil Ul W 1 f )S ►+i a�°�co ft kk. �r°� � 9ZEZ6SZS©t , V =O t E0G, ; SZ / e 0