11/14/2007 Agreement
DANNY L. KOLHAGE
CLERK OF THE CIRCUIT COURT
DATE:
November 20, 2007
TO:
Andrew Trivette, Director
Growth Management Division
ATTN:
Mayra Tezanos
Executive Assistant
FROM:
Pamela G. Han~
Deputy Clerk '-c::.:::y
At th~ November 14,2007, Board of County Commissioner's meeting the Board granted
approval and authorized execution of a Memorandum of Agreement between Monroe County
and NOAA to facilitate cooperation and coordination for the funding and implementation of
emergency response and marine salvage efforts within the Florida Keys National Marine
Sanctuary.
Enclosed are two duplicate originals of the above-mentioned for your handling. Should
you have any questions please do not hesitate to contact this office.
cc: County Attorney
Finance
File/
Monroe County Clerk's Office Original
MEMORANDUM OF AGREEMENT
PURSUANT TO THE
NATIONAL MARINE SANCTUARIES ACT
AMONG THE
U.S. DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION
NATIONAL OCEAN SERVICE
NATIONAL MARINE SANCTUARY PROGRAM
AND THE
BOARD OF COUNTY COMMISSIONERS
MONROE COUNTY, FLORIDA
FOR THE PURPOSE OF
COOPERATION ON MARINE SALVAGE AND RESPONSE
NOS Agreement Code: MOA-2007-041/7512
NOS Agreement Code: MOA-2007-041/7512
Board of County Commissioners/Momoe County, FL Agreement Code:
I. PARTIES AND PURPOSE
A. This Memorandum of Agreement (Agreement) is among the U.S. Department of
Commerce (DOC), National Oceanic and Atmospheric Administration (NOAA),
National Ocean Service (NOS), National Marine Sanctuary Program (NMSP),
through the Florida Keys National Marine Sanctuary (FKNMS) and the Monroe
County Board of County Commissioners, Monroe County, Florida (Monroe
County).
B. The purpose of this agreement is to establish a framework for cooperation and
coordination between the Parties on emergency response and marine salvage
within the Florida Keys National Marine Sanctuary (FKNMS) area. The intent is
to provide rapid local support, through local marine salvage contractors currently
under contract with Monroe County, to minimize potential injury to marine
resources.
11. BACKGROUND
A. The FKNMS was established to protect the resources within the boundaries
described in Appendix I to Subpart P of IS C.F.R. Part 922, to educate and
interpret for the public regarding the Florida Keys marine environment, and to
manage such human uses of the Sanctuary consistent with the Florida Keys
National Marine Sanctuary and Protection Act and the National Marine
Sanctuaries Act Amendments (Public Law 101-605 and 16 U.S.C. 99 1431 et
seq). The activities managed under these authorities include emergency response
and salvage actions for any activities that have or may impact sanctuary
resources. These laws provide legal authority to the United States to conduct
emergency response and salvage to prevent or minimize destruction, loss of, or
injury to, sanctuary resources, or to minimize the imminent risk of such
destruction, loss, or injury. Nothing in these laws are intended to restrict activities
that do not cause an adverse effect to the resources or property of the Sanctuary or
that do not pose harm to users ofthe Sanctuary (Public Law 101-605 (H.R.
5909)).
B. On behalf of Monroe County, the mission of the Marine Resources Office is to
help protect, conserve, and restore the quality ofthe waters and marine resources
of the Florida Keys consistent with the Monroe County 2010 Comprehensive Plan
and provide for adequate and appropriate recreational and commercial use of the
Keys' marine environment using the best available data and technological
support.
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III. AUTHORITIES
A. This Agreement is authorized under the National Marine Sanctuaries Act (NMSA), 16
U.S.c. 99 1431 et. seq. Specifically, Section 1442(a) authorizes the Secretary to enter
into cooperative agreements, contracts, or other agreements with, or make grants to,
States, local governments, and regional agencies to carry out the purposes of the Act. In
addition, Section 1442(e) authorizes the Secretary to enter into agreements with a State or
other Federal agency to use their personnel, services, or facilities, on a reimbursable or
non-reimbursable basis to carry out the purposes ofthe Act. The Department of
Commerce has interpreted Section 1442(e) to authorize transfers to governmental
subdivisions of States.
B. The programmatic authority for NOS/NMSP to enter into this Agreement is the NMSA,
16 U.S.C. 9 1431 et seq, which includes the following Purposes and Policies
(16 U.S.C. 9 1431(b)(2), (3), and (7)):
I. to provide authority for comprehensive and coordinated conservation and
management of these marine areas, and activities affecting them, in a manner
which complements existing regulatory authorities;
2. to maintain the natural biological communities in the national marine sanctuaries,
and to protect, and where appropriate, restore and enhance natural habitats,
populations, and ecological processes; and
3. to develop and implement coordinated plans for the protection and management
of these areas with appropriate Federal agencies, State and local governments,
Native America tribes and organizations, international organizations, and other
public and private interests concerned with the continuing health and resilience of
these marine areas.
IV. TERMS AND CONDITIONS
A. NOS/NMSP will:
1. Work with Monroe County and their respective contractors to address
emergency response and salvage efforts that impact sanctuary resources.
2. Review response and salvage plans to address threats from marine debris,
abandoned and derelict vessels and/or other potential marine resources
impacts;
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NOS Agreement Code: MOA-2007-04117512
Board of County CommissionerslMomoe County, FL Agreement Code:
3. Work with Monroe County and other resource trustees to address
emergency response and salvage efforts on a case-by-case basis, with
every effort made to expedite activities to limit on-going injury to
Sanctuary resources.
4. Negotiate and develop implementing work orders for emergency response
and salvage operations. The decision on whether to fund an emergency
response or salvage operation under this Agreement rests solely with
NOSINMSP.
B. Monroe County will:
1. Coordinate with NOSINMSP on response and marine salvage operations;
2. Maintain contracts with appropriate sub-contractors in order to meet
necessary emergency response time frames. Typical responses would
include the recovery of small to medium sized vessels or debris that
threaten Sanctuary resources, particularly for reef and patch reef areas.
Large threats or impacts from vessels on the scale of 80 to 100 feet or
larger may be handled by other means on a case-by-case basis as
determined by the two Parties;
3. Negotiate and develop implementing work orders for emergency response
and salvage operations. By entering into this Agreement, Monroe County
is under no obligation to initiate a salvage operation using its contractors.
Before agreeing to undertake an emergency response or salvage operation,
Monroe County will consider whether it has the appropriate or adequate
material resources to complete the salvage job safely and whether it can
provide maximum protection ofthreatened or impacted living marine
resources during the salvage operation. Monroe County will initiate an
emergency response or salvage operation upon receipt of sufficient funds
from NOSINMSP.
C. Emergency threats only to include:
a. Removal of marine debris which threatens or has impacted
sanctuary resources;
b. Removal of immediate threats to safe navigation; and
c. Removal of any vessel (80 to 100 feet or smaller) which threatens
or has impacted sanctuary resources on a case-by-case basis.
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NOS Agreement Code: MOA-2007-041/7512
Board of County CommissionerslMonroe County, FL Agreement Code:
V. FUN][)ING, PROGRAMMING, PAYMENT, AND REIMBURSEMENT
ARRANGEMENTS
A. Subject to the terms and conditions of this Agreement, NOSINMSP will provide
funding to Monroe County on a case-by-case basis for the period beginning on the
effective date of this Agreement and ending on September 30,2012.
B. Funding for work orders created under this Agreement, will be drawn from the
NOAA Damage Assessment and Restoration Revolving Fund (DARRF)
established in 101 P.L. 515, Title I, 104 Stat. 2105 (1990). (codified at 33 D.S.C.
app 9 2706). Funds in the DARRF are available until expended.
C. The need for emergency response and salvage operations cannot be predicted
from year to year. Work orders will be developed on an as needed basis with the
necessary requirements as listed in part D below. Work Order 1 is attached to this
document. Funding of additional work rests solely with NOAA. All work orders
under this Agreement are subject to the availability of funds.
D. Emergency response and salvage operations under this Agreement will be set
forth in work orders (WO). Individual WOs must include:
1. Applicable legal authorities;
2. A Scope of Work;
3. Fiscal and Accounting Data, including full CBS ACCS for charges (task
code will be incident-specific), Appropriation Codes, type of funds and
expiration dates, etc.;
4. A budget for activities to be undertaken.
5. A period of performance that identifies a work order termination date. No
work order shall exceed the term of this Agreement as defined in Section
IX.
E. WOs must be approved by the NMSP Resource Protection Coordinator, the
NMSP Deputy Director, and appropriate NOAA General Counsel Office (GC for
Ocean Services or GC for Natural Resources). In addition, WOs will become
effective only when signed by authorized officials from both Parties.
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Board of County CommissionerslMonroe County, FL Agreement Code:
F. NOS/NMSP will provide payment for work orders created under this Agreement
upon receipt of an invoice from the Monroe County Marine Resources Division
(MRD). IfNOS/NMSP disputes the amount of an invoice, it will contact Monroe
County, MRD. If the dispute continues, the dispute will be handled under the
dispute resolution clause provided in Section VIII.
VI. CONTACTS
A. The points of contact for activities under this Agreement are:
FKNMS
David A Score
Superintendent
Florida Keys National Marine
Sanctuary
33 East Quay Road
Key West, Florida 33040
305.809.4700 (P)
305.293.5011 (f)
David.A.Score@noaa.gov
Monroe Countv
Rich Jones
Senior Marine Plarmer
Monroe County, Plarming & Environmental
Resources Department
2798 Overseas Hwy.
Marathon, Florida 33050
305.289.2805 (p)
305.289.2536 (f)
Jones- Rich@MonroeCounty-FL.Gov
B. The Parties agree that ifthere is a change regarding the information in this
section, the party making the change will notify the other Party in writing of such
change.
VII. THIRD PARTY LIABILITY
Monroe County shall hold NOS/NMSP, its officers, employees, agents and contractors
harmless for the acts and omissions of Monroe County, its officers, employees, agents
and contractors, and shall maintain suitable Public Liability insurance or shall be self-
insured, in amounts adequate to respond to any and all claims within the limitations of
Florida Statutes section 768.28.
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NOS Agreement Code: MOA-2007-04117512
Board of County Commissioners/Monroe County, FL Agreement Code:
VIII. DUR4.TION OF AGREEMENT, AMENDMENTS, OR TERMINATION
A. This Agreement will become effective when executed by both Parties and will
expire on September 30, 2012.
B. The Agreement may be amended within its scope or renewed prior to the
expiration date, through the written mutual consent of the Parties.
C. The Agreement may be terminated by (1) written mutual consent; (2) one party's
written notice six months in advance; or (3) completion of the Terms and
Conditions of the Agreement.
D. The Parties will review this Agreement at least once every three years to
determine whether it should be revised or terminated, or continued.
IX. DISI'UTE RESOLUTION
This clause applies to any dispute related to this Agreement, work orders created under
this Agreement and invoices for work orders. The Parties shall present their differences
to each other in writing and then hold discussions to resolve their differences. If the
Parties fail to resolve their differences within thirty (30) days, they may refer the matter
to higher level of authority within their respective organizations.
7
NOS Agreement Code: MOA-2007-04117512
Board of County Commissioners/Momoe County, FL Agreement Code:
x. APPROVALS
ACCEPTED AND APPROVED FOR THE
U.S. DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION
NATIONAL OCEAN;:~/
BY: ~~
BY:
DATE:
ACCEPTED AND APPROVED FOR THE
MONROE COUNTY, FLORIDA
BOARD OF COUNTY COMMISSIONERS
BY:
Cnarles ItSonny"
Mayor
Monroe County, lorida
DATE: November 14, 2007
(SEAL)
Attest: 'DANNY ~ERK
BC~
DePuty Clerk
Date: November 14, 2007
MONROE COUNTY ATTORNEY
PROVED AS TO FOR
NATllEENE W C.l\SSEl
ASSISTANT COUN1'( ATTORNEY
Date /0- :J..,L:::-..o 7
8
NOS Agreement Code: MOA-2007-041/7512
Board of County Commissioners/Momoe County, FL Agreement Code:
WORK ORDER #1 UNDER NOS AGREEMENT 2007-041/7512
SALVAGEOFMVVLADYLUCK
Background
In November of 2007, the Monroe County Board of Commissioners (Monroe County)
and the National Oceanic and Atmospheric Administration (NOAA), National Ocean
Service (NOS), National Marine Sanctuaries Program (NMSP) entered into an agreement
that provides for cooperation and coordination on emergency response and marine
salvage within the Florida Keys National Marine Sanctuary (FKNMS). Under this
agreement (hereinafter "Response Agreement") NOSINMSP may request assistance from
Monroe County for emergency response and salvage operations necessary to address
threats to the FKNMS resources and the FKNMS environment. If assistance is requested,
and Monme County agrees to provide assistance, the Parties must negotiate a work order
that includes applicable legal authorities, fiscal information, a Scope of Work, a budget,
and a period of performance that identifies a work order termination date.
NOS/NMSP requested Monroe County's assistance for the removal of the M/V Lady
Luck, which is stranded on an islet in the FKNMS. Monroe County agreed to provide
assistanc,e with this salvage action through a local contractor. As required under the
agreement, the Monroe County and NOSINMSP developed this Work Order, or Work
Order 1, for the salvage operation.
Legal Authoritv
Work Order 1 is authorized under the National Marine Sanctuaries Act (NMSA), 16
U.S.C. S 1 442(a) which authorizes the Secretary of Commerce to enter into cooperative
agreements, contracts, or other agreements with, or make grants to, States, local
governments, and regional agencies to carry out the purposes of the Act. In addition,
Section 1442(e) authorizes the Secretary to enter into agreements with local governments
to use their personnel, services, or facilities, on a reimbursable or non-reimbursable basis
to carry out the purposes of the Act. The Department of Commerce has interpreted
Section !l442(e) to authorize transfers to governmental subdivisions of States.
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NOS Agreement Code: MOA-2007-04117512
Board of County Commissioners/Monroe County, FL Agreement Code:
Financial Information
The total cost ofthe salvage operation described in this Work Order is $499,050. The
following fiscal information applies to this Work Order.
Monroe County
EIN: 59-6000749
DUNS: 073876757
NOAA
EINI: 52-0821608
DUNS2: 78-4769085
Funding source - NOAA DARRF, available until expended.
CBS/Aces:
14/2008/1 CK3H06/P00/l 0-04-0006-02-00-00-00 $349,050
and
14/2008/1 CK8EO l/PBRll 0-04-0006-02-00-00-00 $150,000
Payment Method
NOS/N1VlSP will provide payment for this Work Order upon receipt of an invoice in the
amount of $499,050 from the Marine Resources Division of Monroe County.
Period of Performance
This Work Order will commence when signed by both Parties and will terminate on
October 31, 2008.
Scope of Work
On October 24,2005, the 77.9' steel hull casino boat, M/V Lady Luck, drifted aground
atop a mangrove islet and settled approximately 1.5 km (0.9 mi) north of US Highway 1
in the Saddle Bunch Keys in the FKNMS. This grounding occurred with the passing of
Hurricane Wilma as the lower Florida Keys experienced a storm surge of approximately
1.5 m (4.9 ft) above Mean Lower Low Water.
Monroe County, through its contractor DRC, Inc., will complete a salvage operation to
remove the M/V Lady Luck. In conducting the salvage operation, DRC shall take
appropriate steps to minimize additional resource injuries to FKNMS. DRC will perform
the salvage operation under the Removal Operations Plan attached to this Work Order.
This plan will be submitted to the Monroe County, Marine Resources Office, the
NMSP/Florida Keys National Marine Sanctuary, and the U.S. Cost Guard for approval.
I Employer Identifier Number (Tax ID Number)
2 Dunn and Bradstreet's Data Universal Numbering System
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NOS Agreement Code: MOA-2007-041/7512
Board of County Commissioners/Monroe County, FL Agreement Code:
APPROVALS
ACCEPTED AND APPROVED FOR THE
U.S. DEPARTMENT OF COMMERCE
NATIONAL OCEANIC AND
ATMOSPHERIC ADMINISTRATION
NATIONAL OCEAN S
ACCEPTED AND APPROVED FOR THE
MONROE COUNTY, FLORIDA
BOARD OF COUNT;..SOMMISSIONERS
Co/
BY:
BY:
unmgan
/~ ssi ant Administrator
'pf 8a !Onal Ocean Service
DATE: /(dp
Charles "Sonny" McCoy
Mayor
Monroe County, Florida
DATE: November 14, 2007
(SEAL)
arine Sanctuary Program
Attest: DANNY ~LERK
BY:V~
Deputy Clerk
Date: November 14. 2007
DATE:
MONROE COUNT,' ,~nORNEY
A PROVED AS TO FOR~
. .' ._cV(;-~
NATfLEE',' CASSEL
ASSfSTAM (;c.,. ATTORNEY
Date /a.-c.:2L..c 07
11
NOS Agreement Code:MOA-2007-041/7512
Board of County Commissioners/Monroe County,FL Agreement Code:
REMOVAL OPERATIONS PLAN
CASINO VESSEL LADY LUCK
anmaiir
Prepared for:
Monroe County / NOAA
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NOS Agreement Code: MOA-2007-04117512
Board ofCmmty CommissionerslMomoe County, FL Agreement Code:
REMOVAL PLAN
General Removal Procedures
Overview:
DRC is very familiar with removing hurricane casualty vessels similar to Lady Luck.
DRC has removed scores of large vessel from sensitive areas that were casualties of
Hurricanes Wilma, Katrina and Rita.
The technical plan for removal of the Lady Luck has been developed with environmental
protection as the primary driving objective. We have looked at various removal
techniqul9s and have settled with a technical option that provides cost effective removal
of the vessel while minimizing the environmental impact caused by the removal effort.
Removal of the vessel in one piece by refloating would require pulling the vessel more
than a mile across sensitive habitat to deep water. The scar left by pulling the vessel
would be, a significant swath, with unacceptable levels of impact and damage.
The option we have chosen involves sectioning and removing the vessel using marsh
buggies deployed from a shallow draft barge. The marsh buggy will be utilized to
transport all waste, steel, and debris over a pre-designated route back to the floating
barge.
We have inspected the area around the Lady Luck, including possible approaches to the
vessel.
Technical Plan:
Sectioning and Marsh Buggy Removal:
Marsh buggy will be utilized to gain access to the casualty. Marsh buggies are
amphibious track machines that have a large track surface area, buoyant track hulls, and
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NOS Agreement Code: MOA-2007-041/7512
Board of County Commissioners/Monroe County, FL Agreement Code:
offer a minimal amount of ground bearing pressure. These machines have proved to be
ideal on various similar projects. One marsh buggy would have a flat cargo deck and
the other would be outfitted with an excavator for handling the sectioned vessel material.
ORC will meet with all concerned environmental interests and ploUmark an access path
to the casualty with the minimal amount of environmental impact. Sensitive areas would
be avoided.
The marsh buggies would be delivered to a suitable shallow water staging and
loading/unloading point with a small shallow draft crane barge. The staging location
would be as close to the casualty as possible while allowing the barge to float freely
(approx. 2-3 feet of water depth required).
ORC will mat access route. Access route has been identified and will follow the path of
vessel entry as a result of Hurricane Wilma. The marsh buggy will carry personnel and
portable equipment to the casualty for dismantling/sectioning. March buggy will secure
sectioned vessel pieces and transport to cargo deck via mats. The vessel pieces would
be cut to approx. sizes of 1 ton or less by hot cutting with torches.
Prior to commencing vessel sectioning, any and all remaining fuels, oils, or other
regulated materials would be removed by the salvage crew to portable drums or tanks
on the deck of the cargo buggy. Any pumping operations would be conducted in
accordance with standard US Coast Guard and State over the water transfer
procedures. A full spill response kit with pollution boom would be maintained on site.
The products would be transferred from the cargo buggy to portable storage onboard the
shallow draft barge.
Once loaded with vessel sections transported via the marsh buggy, cargo deck barges
will be transferred with vessel sections back to a waterfront staging area in Key West for
offload and disposal. Multiple barge trips may be required (approx. 12 mile transit each
way) in order to minimize the floating draft of the barge to avoid any contact with other
live bottom in the transit path.
The crew will be accommodated ashore and will be shuttled to and from the staging
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NOS Agreement Code: MOA-2007-041/7512
Board of County Commissioners/Monroe County,FL Agreement Code:
barge via shallow draft crew launches.
Pictures of Marsh Buggies:
Excavator Buggy:
•
i4j
;5.
Cargo Decked Buggy:
, . +•Kai a....,
Environmental Mitigation and Restoration Efforts:
- A shallow draft barge will transport marsh buggy, personnel and equipment to the
site and will serve as the floating staging area as close as possible to the
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NOS Agreement Code: MOA - 2007 -041/7 512
Board OfCOWlty CommissionerslMomoe County, FL Agreement Code:
c8lsualty site. By utilizing the shallow draft barge, the overall impact path and
area is greatly reduced, and the number and type of organisms affected are
limited to those found in the very shallow water
An access path to the casualty will be chosen to minimize impact to live
organisms. This will entail marking a very specific path with flags/wands for
marsh buggy operators to follow.
SI3ctioning and removal of the wreck will be accomplished by absolutely
minimizing the impact footprint around the vessel. Due care will be taken to keep
slag, waste, and debris inside the confines of the vessel and to prevent it from
falling on the ground. As the vessel is sectioned to the final lower hull pieces,
any debris will be removed prior to cutting and lifting the lower hull pieces.
Upon completion of the sectioning and removal, the excavator buggy would
restore any disturbed soil contours as it left the project site. Project site would be
policed clear of all debris and leveled to original contours prior to any replanting
efforts.
Safety:
ORC will designate a qualified Health and Safety Officer to supervise project safety for
the duration of operations.
Pollution Response:
ORC/Resolve will maintain a pollution boom and a spill kit on board the staging barge as
well as 81t the casualty site during all operations.
Timelinl!:
Day 1 to 21: Mobilization and Site Preparations:
Day 1 to 20, Mobilize barge, marsh buggies, and portable equipment to
dockside Key West staging area
Day 10, Mark out marsh buggy approach track from floating staging area
to casualty site
Day 11-21 Equipment Transits to Floating Staging Area, Offload Marsh
Buggies
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NOS Agreement Code: MOA-2007-041/7512
Board of County Commissioners/Monroe County,FL Agreement Code:
Day 22 to 26: Prepare Casualty for Sectioning
- Day 22 to 23, Remove all fuels, oils, and hazardous materials
- Day 24 to 26, Remove combustible materials and debris, prepare for
cutting
Day 26-47: Section and Remove Casualty via cutting crew and marsh buggies
Day 48-60: Site Remediation and De-mob
- Day 48-60, Contour approach track and casualty site
- Day 48-55, Complete steel and debris haul out and clean up of shore staging
area
- Day 56-60, De-mob barge, marsh buggies, and portable equipment
Approach Tracks
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` NOS Agreement Code: MOA-2007-041/7512
Board of County Commissioners/Monroe County,FL Agreement Code:
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Budget for Salvage Operation
$499,050.00 USD*
18