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Item C08 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15.2004 Division: Public Works Bulk Item: Yes -L No Department: Facilities Maintenance AGENDA ITEM WORDING:" Approval to renew contract with Robbies Safe Harbor Marine Enterprises, Inc. on a month-to-month basis for beach cleaning, maintenance, and beautification at Higgs Beach, Little Duck Key Beach, and Harry Harris Park. ITEM BACKGROUND: On September 30, 2004 the current contract with Robbies Safe Harbor Marine Enterprises, Inc. will expire. The Contractor does not wish to renew the contract for an additional one-year period under the current contractual conditions. Renewing on a month-to-month basis will allow Monroe County to look at alternatives in beach cleaning, without a lapse in service. PREVIOUS RELEVANT BOCC ACTION: On September 19,2001, the HOCC awarded the bid and entered into a contract with Robbies Safe Harbor Marine Enterprises, Inc. for 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 to clean Higgs Beach 7 days per week utilizing the Beachtech 3000 everyday if needed. On September 17, 2003, the BOCC approved of a Contract Amendment revising Article 3.07 (B) to clarify renewal options. CONTRACT/AGREEMENT CHANGES: Contract to be on a month-to-month basis commencing October 1,2004, and contract price increased by the CPI-U of 2.99%. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $10.085.75 per month BUDGETED: Yes X No COST TO COUNTY: same SOURCE OF FUNDS: TDC REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty. _ Risk Management DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included To Follow X Not Required DISPOSITION: AGENDA ITEM #--.Ci.- AGENDA ITEM WITH LATE DOCUMENTATION DIVISION PUBLIC WORKS DEP ARTMENT Facilities Maint.enance SUBJECT ----4;(>,.l CtA4>~d DA TE ITEM WILL BE A V AILABLE 9 /1 /6 Y AGENDA nEM NUMBER BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: September 15. 2004 Division: Public Works Bulk Item: Yes --X-. No Department: Facilities Maintenance AGENDA ITEM WORDING:" Approval to renew contract with Robbies Safe Harbor Marine Enterprises, Inc. on a month-to-month basis for beach cleaning, maintenance, and beautification at Higgs Beach, Little Duck Key Beach, and Harry Harris Park. ITEM BACKGROUND: On September 30, 2004 the current contract with Robbies Safe Harbor Marine Enterprises, Inc. will expire. The Contractor does not wish to renew the contract for an additional one-year period under the current contractual conditions. Renewing on a month-to-month basis will allow Momoe County to look at alternatives in beach cleaning, without a lapse in service. PREVIOUS RELEVANT BOCC ACTION: On September 19,2001, the BOCC awarded the bid and entered into a contract with Robbies Safe Harbor Marine Enterprises, Inc. for 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 to clean Higgs Beach 7 days per week utilizing the Beachtech 3000 everyday if needed. On September 17,2003, the BOCC approved of a Contract Amendment revising Article 3.07 (B) to clarify renewal options. CONTRACT/AGREEMENT CHANGES: Contract to be on a month-to-month basis commencing October 1, 2004, and contract price increased by the CPI-U of 2.99%. STAFF RECOMMENDATIONS: Approval. TOTAL COST: $10.085.75 per month COST TO COUNTY: same BUDGETED: Yes X No SOURCE OF FUNDS: IDC REVENUE PRODUCING: Yes No X AMOUNTPERMONTH_ Year APPROVED BY: County Atty. _ Risk Management_ DIVISION DIRECTOR APPROVAL: DOCUMENTATION: Included ~ To Follow Not Required_ DISPOSITION: AGENDA ITEM # (I g MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract with: Robbies Safe Harbor Contract # Effective Date: 1 % 1/04 Expiration Date: Month to Month Contract Purpose/Description: Extend contract on a month to month basis for Beach Cleaning services. Contract Manager: Ann Riger 4549 Facilities Maint/Stop #4 (Name) (Ext.) (Department/Stop #) for BOCC meeti.m2; on 09/15/04 Agenda Deadline: 08/31/04 CONTRACT COSTS Current Year Portion: $ 0.00 77040-530460-T47ml02x-_ 77040-530460- T 48m141 x-_ 77040-530460-T41m199x-_ Total Dollar Value of Contract: $ 10,085.75 Budgeted? Y es~ No 0 Account Codes: Grant: $ County Match: $ - - - ---- ADDITIONAL COSTS Estimated Ongoing Costs: $_/yr For: (Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Date Out ()V County Attorney Comments: OMB Form Revised 2/27/01 MCP #2 CONTRACf AMENDMENT (Beach Cleaning, Maintenance, and Beautification at Higgs Beach, Little Duck Key Beach, and Hauy Harris Beach) TIflS AMENDMENT, made and entered into this 15th day of September, 2004, 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 and September 17, 2003 (copies which are incorporated hereto by reference) as follows: I. To renew the contract on a month to month basis commencing October 1, 2004. 2. The Contract Sum shall increase by the CPI-U of 2.99'At from $9,792.94 per month to $10,085.75 per month as follows: Higgs Beach from $6,910.79 to $7,117.42, Little Duck Key Beach from $1,299.28 per month to $1,338.13, and Harry Harris Park Beach from $1,582.87 to $1,630.20. 3. In all other respects, the original agreement between the parties dated September 19. 2001, and as amended on November 20,2001, and September 17, 2003, remains in full force and effect. 1N 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: By: Deputy Clerk (Seal) Attest: CONTRACTOR ROBBIES SAFE HARBOR MARINE ENT., INe. By: By: WITNESS Title: Title: By: WITNESS Title: CONTRACT AMENDMENT (Beach Cleaning, Maintenance, and Beautification at Higgs Beach, Little Duck Key Beach, and Hany Harris Beach) THIS AMENDMENT, made and entered into this 17th day of September, 2003, between the COUNTY OF MONROE and ROBBlES 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 tenn 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. S WHEREOF, the parties have hereunto set their hands and seal, the day and year ~ove. \~ -"''''i~ ~!l L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA h(~ By: (Seal) Attest: CONTRACTOR ROBBIES SAFE HARBOR MARINE ENf.. INC. 1 By:;C H0.l,11l!.~s'7 ' Title: lEx::. ~e&- By:~~~/2 ~~\~ Title: Title: By: I .lw...IE~ IE BV~I IT. .. i "\ FED 2 3 2lJ04 JII . ! I i I 1'(.;, 'ot ~~" ' I MONROE COUNT\' ATTORNEY p/ft )f> FORM: CONTRACT AMENDMENT (Beach Cleaning, Maintenance, and Beautification at Higgs Beach, Little Duck Key Beacl1, aQd Hany Harris Beach) TIllS AMENDMENT, made and entered into this 20f1l day of November, 2001, between the COUNTY OF MONROE and ROBBIES SAFE HARBOR MARINE ENlERPRISES, INC., in ordeI"to amend the agreement between the parties dated September 19, 2001 (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, 200 I 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 Hanis Beach from $6,140.1 I per month to $9,650.11 per month ($73,681:32 per year to $Il5,801.32 per year). 3. In all other respects, the original agreement between the parties dated September 19, 2001 remains in full force and effect. OF, the parties have hereunto set their hands and seal, the day and year first writt ,'. coO ~~ ~ -. ~..~, . r-.3 s, .18 r 23 ..-i~. . :r <=:)" o . ... (~'\ BOARD OF COUNTY CO~SgIONERS r= : ~ .. ,. GE, CLERK OF MONROE COUNTY, ~ ~ ~ -- ,.., -< n o?' I " 00: -.J 0 c:s:;;:;;: ::0 :z: . 0 -0 :::0 ---t--" . \ --lor :x rT1 ~~ By: ~:-l~ (") C"J 0 fTl ~ ~f f (Seal) Attest: CONTRACTOR ROBBIES SAFE HARBOR MARINE ENf., INC. By: By 'aJ?: '?:ef6e,JP PJle-S' Title: By:77~J~ . Title: ~fr4#~<- ~ ~ r "." .. ..:..! DEe 2 1 2001 RUBBlE'S MARIN A PO 2208 Key West FlorIda 836...., PH: 805..294-1124 FXt 805-294..0968 i. ,) .i kw m November 7th, 2001 Director of Purchasing lSlOO College Road Public Service Building Stock Island, KW, Florida. 88040 (Fax) 305..292.46t-&~q'5-3/.JJ/~ ATI'EN: Monroe County Commissioners ;!" --:." CC: Ann Mytnik It.ef: Beach Cleaning (Higgs, L.Duck Key, & Harry Harris) As per the TDOC meeting on November 7th, 2001 at 3pm, Robbie's Safe Harbor Marine was approved to clean Higgs beach 7 times a week with the BcachTech 3000 as is currently being done to both Smathers and Rest Beaches for the City. The total llDW price is as follows: · Cleaning Higgs Beach with BeachTcch 3000 (1 days a week) - $6,810.00 monthly As the contract states, we will remain cleaning Little Duck Key and Harry Harris beaches three times a.i.week. This j's the only new adjustment to the existing contract. Robbie7s takes pride in being able to maintain and beautify the beaches of Key West and Monroe County. \Ve 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! ~I . Sincerely, '7 .'Z&uJ-Z .~v~~J - Robbie's Marine Robert E. ReckwerdtIPrcsident au JiJill!i'S: MARNA PC ; 2208 Key West FlorIda &04.5 PII: 305-294..1124 FX: 8OG..29(-0968 robbiekw@{JJ>>1.com October 4th, 2001 Director of Pm-chasing 6100 College Road Public Serncc Building Stock Island, KWI Florida. 8804.0 (Fin:) 805..292-4515 ;: A TT~:. N:o~~o~ County Conunissioners .~. 'w'~d:~.~~iiik~~~.~ nef: Beach Clealllng (ffigge, L.Duck Key, & Harl'Y Han-is) Per our convcrsation today, Robbie's would recommend cleaning Higgs Beach 7 days a week as the City Beaches (Smathers & Rest) ~ being done now. As written in the contmct, we arc now receiving $3,300.00 for 3 days of Higgs beach clean up. For 7 Days of Higgs Beach clean up we would require $5,980.00 a month. As the figures will reveal, the county will receive One free day a week of beach mainlenance for Higgs Beach. However, Robbie's would like to bring in Our Bcachtech 3000 for ulis one day a\ an addilional $830.00 a month to help in the beautification process of the Bcach. As for Little Duck Key we will rem.ain cleaning it as stated in the contract __ 3 days a week As for Harry Harris Beach, we recommend only maintaining I day a week. This is due to the location, having a rock perimeter, and the beach being inside the break water line. So, the bottom line is as follows: (-"Cnrrellt price to clean Higgs (3 days a wcck)- $3,300.00 monthly .~ (/ ,) 'Price \0 Clean Higgs (7 days a week) regular- $5,980.00 lOonthly /./',! ~C., (. .. J .Pnc<o 10 clean Higgs (7 days 1\ week) l day a week with Belich Cll~aner $6,810.0n monthly " , :f PI il:e to c!<::tn LitHe DUCK Key only (1 day a week) $810.00 rnol1thly f ., .'( 'F ' orl \ !' ")11\""; BY. ~._-d Robblc's falces pride In being ablc to 1iIainlaln and Iw tlfy the beaches ortcy . Wesl,llJId Monroe Coun, W c would like fur cveryone to relish and el\loy in the beauty oftb.e Beaches as well. If there, are any other questions please fecl free to contact Us III anytimel . Sincerely, 2/Jaf E. PedveucE-- Robbie's Marine Robert E. Reckwerdtfprcsident -:.. ~. .~.. f f ~~ 'i\~')f .,. ~. \.;~t; };' CONTRAcr TIllS AGREEMENT, made and entered into this 19th day of Semember, 200 I, A.D. by and between ~onroe County, Florida, (hereinafter called the "Owner"), and Robbies Safe Harbor Marine Ent., Inc. (hereinafter called the "Contractor"). WITNESSED: as follows: That the parties hereto, for the consideration hereinafter 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 shaIl furnish all labor, materials, equipment, machinery, tools, apparatus, and transportation, and perfonn all of the work described in the Specification entitled: BEACH CLEANING MAINTENANCE. AND BEAUTIFICATION ' . HIGGS BEACH -- KEY WEST UTTLE DUCK KEY BEACH - MM 40 HARRY HARRIS BEACH - MM 93 t And his bid dated August 29, 200 I, attached hereto and incorporated as pal1 of this contract document, and shall do everything required by this Contract and other Contract Documents. 3.04 THE CONTRACT SUM The Owner shall pay to the Contractor for the faithful performance of the Contract, in lawful money of the United States, as follows H igg~ Beach $},JQQ,Q() per month (I 't)') /0 . 0 [) Liu Ie Duck Key Beach $12.R~.LD per 1110nt h HalT)' Harris Beach $-LS)5L}J~ pcr 1110nth Total $0...J<10..I1 per month 9c..'S1) - II '3.05 A. 3.06 (Jlt. @'. .i.:i.'" .;.:t CONTRACfOR'S ACCEPTANCE OF CONDmONS Any ambiguity or uncertainty in the Specifications shall be interpreted and COnstrued by the Owner, and his decision shall be final and binding upon all parties. B. The passing, approval, and! or acceptance of any part of the work or material by the Owner shall not operate as a waiver by the Owner of strict compliance with the temtS of this Contract, and Specifications covering said work; and the Owner may require the Contractor and/or his surety to repair, replace, restore, and/or make to comply strictly and in all things with the Contract and Specifications any.and all of said work and/or materials which within a period of one year from and after the date of the passing, approval, and/or acceptance of any such work or material, are 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 nonnal repair and replacement before their condition is discovered. Failure on the part of the ContractQr and/or his Surety, immediately after Notice to either, to repair or replace any such defective materials and workmanship shall entitle the Owner, if it sees fit, to replace or repair the same and recover the reasonable cost of such replacement and/or repair from t~e Contractor and/or 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 of this 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 follows: The County shall pay to the Contractor for the performance of said service on a per month in arrears basis. The Contractor shall invoice the County monthly for beach cleaning, maintenance, and beautification services perfonned under the Specifications contained herein. V The Owner will, within ten days aHer 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 latter 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 wjll become due and will be paid to the Contractor. 3.07 TERM OF CONTRACT/RENI<:\VAL ^ This cnnlr'act shall be fl.)r a period of three (1) years, cOlllmencing October I, 200 I, and tellllinating on Septembcr 30, 2004 This contract is renewable in accordance with Article 30713 B The Owner shall have the option 10 renew this agreemcnt after the first year, and each slIcceeding year, f(:H two additiunal onc year periods Thc contracl amount agreed to herein 3.08 3.09 3.10 3.11 3.12 If.t(\ \t\:f ~~ C. may be adjusted annually in accordance with the percentage change 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 succeeding years. EitlIer 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 tenninate this agreement for cause with 7 days written notice of its intent to do so. HOLD HARMLESS The Contractor shall defend, indemnify and hold harmless the Monroe County Board of County Commissioners as indicated on fonn TCS. INDEPENDENT CONTRAcrOR 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 his/her employees, contractors, servants, or agents to be employees of the Board of County Commissioners for Monroe County. " .< ASSURANCE AGAINST nISCIUM:INA TION 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 ASSIGNMENT ~ The contractor shall not assign or subcontract this agreement, except in writing ~nd with the prior written 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. TIlis agreement shall be incorporated by reference into any assignment or subcontract, 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 to impose any obligation upon the Owner in addition to the lotal agreed-upon price of the services/goods of the contractor, nor relieve the contractor of is obligations under this contract COMPLIANCE WITH LAW III providing all scr.vices/goods pursuant to this agreement, the colltractor shall abide by all statutes, ordinances, rules and rq!,ulations pCI1ailling to, or regulating the provisions of: sllch serviccs, including those IInw ill effect and hereinafter adopted. Any violation of said statutes, ordinances, rules and regulations shall constitute a mater'ial breach or this agreement and shall (f- ,~- .i.i.". .., ,. ~,.. ~.,:. '"', entitle the Owner to tenninate this contract immediately upon delivery of written notice of termination to the contractor. 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 "}C' on the attached forms identified as lNSCKLST 1-5, as further detailed on forms WCl, GLI, and VLl, each attached hereto and incorporated as part of this contract document. 3.14 FUNDING AVAILABILITY In the event that funds from Facilities Maintenance Contractual Services are partially reduced or cannot be obtained or cannot be continued at level sufficie,pt 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 reCeived 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, professional 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, and/or federal certification and/or licensure of contractor. .: 3.16 NOTICE REQUIREMENT Any notice required or permitted underthis agreement shall be in writing and hand delivered or mailed, postage prepaid, to the other party be certified mail, returned receipt requested, to the following: t FOR COUNTY Monroe County Public Works Facilities Maintenance Department 3583 S. Roosevelt Blvd. Key West, FL 33040 FOR CONTRACTOR Robbies Safe Harbor Marine Ent., Inc P.O. Box 220R Key West, FL 33045 3_17 GOVr":RNING LA \\lS Thi:-; Agreement is governed by the laws of the State of Florida Venue for any litigatioll arising lindeI' this Agreemellt must be ill Monroe County, Florida ~' . I'., '~'\":~:' -.,' ~f."'" \,f ,~~~ 3.18 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. By:..Q,..1-&-C. . ~ ~ Deputy Clerk Date: 0 q - {q - a I (SEAL) Attest: BY~ 9)~I-W NESS. Title: -.Dft1u:-~ B~ Yf.1 ',)~f~Q1__ WITNESS Title: -cr[-1-j_L';f.:_g..:)~t h--}-(IJ..LJ _ BOARD OF COUNTY COMMISSIONER ::Z:~~FLO~~ 'i1:ayor/Ch . an .: CONTRACTOR Robbies Safe Harbor Marine Ent., Inc. G/j iJ . \~li? By: ~1( 4 I . ./ ~. , Title: $""Y~~ CARL J. NETTLES ~ MY COMMISSION tI CC 717780 '" "" ~.h. <:,.$ EXI'IRES, May 18. 21102 '~or~ 1.eoo.3-NOTI\RY Nowy SeMce & Bonding Co.