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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. 2 NOS Agreement Code: MOA-2007-041/7512 Board of County Cornmissioners/Momoe County, FL Agreement Code: 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; 3 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. 4 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. 5 NOS Agreement Code: MOA-2007-041/7512 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. 6 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. 9 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 10 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 12 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 13 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 14 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 15 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 16 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 • t f max, _ ,i,,,. ..• ' .,,, ,,____,,, ;,..1,,,,,..,, ,., ::,,A.,,,•.,,,,,-,.. ., ,:,),•,... .,,,,,A „I\,i,—...\-, • (, ,,e,,,, 'A:--,---, ' 1 ( ... (t -_...\.� mac.•�..�'' l7 ' ^, \3i �1 �` 1 r. 1 Cr. `I'I : _� .�• , ' • .l�r Y. ".t--�l; �� f 1 ��' , y<•' a4 1 „ •\ •t < l ~\ f ',.-1- , f 1 t 'F '/ ,,\�--.mo f 'w • • • .s�?i • ( c= n sxnY rI • .....• i� f ' ' , ;:,;';„" Y *+ ' i •fs: + L-S�„1swY `v""•'q' e'}`' • �• .f ---/ , 1 ,r'Q , +.rmw .. -.,..3 :t• a `� ,11;:.,„,/; (7,-;' : .„ ,‘,., ;-pN, . , i ,.., _ _ ,..._ .,,,, ..,/, r . • • iKt ii w4°Cfl • `^ r7, y . X. 17 f , r• ` NOS Agreement Code: MOA-2007-041/7512 Board of County Commissioners/Monroe County,FL Agreement Code: r.�>� T C • •L°Q .'• A. 4, �."art' ,•' . 11 • r. 6 • •,� 1+: �. "i ;;D ui ' . , " • } . ,. , .7 f ' „.✓ �, 1� Y, • '•.f . ,'..,.o } 'v 0. �,i ' .,.ram ...«- ,. o ! .� t eA F,� rr ,,�\ h iµ ° � • .�', .its " ""': !v , x ti a r'u> V$ L. i1 ?�'.'t ^ •'s..._ j.R A w A _... �.fY►k R 1• M.. .r;" _, r`1 '. � ! , wyr Budget for Salvage Operation $499,050.00 USD* 18