Item F5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date:
MAY 18, 2000
Division: TDC
Bulk Item: Yes XXX No
Department:
N/A
AGENDA ITEM WORDING:
Approval of an amendment to agreement with The Legendary Key Largo
Chamber of Commerce to state that obligations for the Spiegel Grove
Artificial Reef Preparation and Transport Agreement must be completed by
December 31,2001
ITEM BACKGROUND:
Project has had unforeseen delays reqUiring an extension on the
Agreement per attached letter.
PREVIOUS RELEVANT BOCC ACTION:
BOCC approved original Agreement May 22, 1996.
BOCC approved amendment to Agreement July 16, 1997.
BOCC approved amendment to Agreement May 12, 1999.
BOCC approved amendment to Agreement October 13, 1999.
BOCC approved FY 2000 budget at their meeting of September 22, 1999.
STAFF RECOMMENDATION:
Approval
TOTAL COST: $268,000.00
BUDGETED: YES
COST TO COUNTY: $268,000/TOURIST PAY
APPROVED BY: County AttorneYL OMB/Purchasing~ Risk ManagemenU
DIVISION APPROVAL:
Lynda M. Stuart
(Type/print name)
DOCUMENTATION: Included: X To Follow: Not Required
Agenda Item # ~
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with: The Legendary Key Largo Chamber of Commerce Effective Date: 5/18/2000
Contract Purpose/Description: Approval of an amendment to agreement with The Legendary Key
Largo Chamber of Commerce to state that obligations for the Spiegel Grove Artificial Ree
Preparation and Transport Agreement must be completed by December 31, 2001
Contract Manager: Maxine Pacini X3523 Tourist Development Council
(Name) (Ext) (Department)
For BOCC meeting on 5/18/2000 Agenda Deadline:5/3/2000
Contract Costs
Total Dollar Values of Contract: $268,000.00 Current Year Portion: $
Budgeted? Yes ~ No Account Codes: 121-71 040-530460-T71 B-201 Z
Grant: $
County Match: $
Estimated Ongoing Costs: $
(not included in dollar value above)
ADDITIONAL COSTS
Iyr. For:
(e.g. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
DATE IN CHANGES REVIEWER DA TE OUT
NEEDED?
Yes No
Division Director /j' Y7l~~ ~ ~ 'LiLCZ IPF
- -
Risk Management (,Lj~/ ..M /' (}.... ~~~ ~(J"-- '::Lj~1 ()O
- -
~~ AttJ8Y It In 100 ~ S. Hutton ~j!_2jCfZc
- -
O. "S.lPur ~ing 'LI )4 I GO / ~~ Yf.. PI I &r)
- -
(Final reviewer should return contfact to originator)
Comments:
AMENDMENT
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
THIS AMENDMENT is made by and between Monroe County, a political
subdivision of the State of Florida, 5100 College Road, Key West, FL 33040, hereafter
the County, and The Legendary Key Largo Chamber of Commerce, a non-profit
corporation, 106000 Overseas Highway, Key Largo, FL 33037, hereafter KLCC, to an
Agreement dated May 22, 1996, as amended July 16, 1997; May 12, 1999 and October
13, 1999 for the preparation of the surplus Navy ship Spiegel Grove as an artificial reef
and transporting the Spiegel Grove to a site off Key Largo, Florida, where the ship will
be scuttled and turned into an artificial reef, hereafter the original agreement.
1. Subparagraph 1 (b) of the original agreement is amended to read:
1 (b) KLCC must satisfactorily complete its obligations under this Agreement by
December 31,2001.
2. In all other respects, the Agreement dated May 22, 1996 as previously
amended, between the parties and all its attachments remain in full force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duly
executed this day of 2000.
(SEAL)
Attest: DANNY L. KOLHAGE, Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
By:
Deputy Clerk
Mayor/Chairman
Date:
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
By:
By:
President
Date:
':'" .....!ED AS TO FORM
~.:: . ,;;AL SUFFI I Y.
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04/14/2000 15:27
13054514725
KEY LARGO CHAMBER
PAGE 01
Legerufary
KEY LARGO
106000 Oversea:! Highw~y
Key Lugo. Florid:! 33037
Fax (305) 451-4726
(305) 451-1414 or (800) 822-1088
www.florid.ll.keys.org
Cllamberof Commerce
April 14, 2000
From:
Tourist Development Council
AU: Maxine Pancini ~^ /
Karen Tiedemann ~
Corporate SecretaryfT reas rer
To:
Re:
Artificial Reef Preparation and Transport Agreement with the Key
Largo Chamber of Commerce and Monroe County for the Spiegel..
Grove
Due to additional delays from the Environmental Protection Agency and other
minor setbacks, the Spiegel Grove project was not completed by the expiration
date of December 31, 1999 as set forth in the above referenced contract.
Therefore, we are requesting an amendment to the contract:
Please amend Subparagraph 1 (b) of the original Artificial Reef Preparation and
T rsnsport Agreement to read:
1 (b) KLCC must satisfactorily complete its obligations under this
Agreement by December 31,2001.
Thank you for your prompt consideration of this request.
The First of the Fabulous Florida Keys
Dive Capital of the World
L lRCIAl REEF PREPARATION AND \NSPOl(( AGREEMENT
This Agreement is made by and between Monroe County, a political subdivision of the State of
Florida. 5100 College Road. Key West. FL 33040. hereafter County, and The Legendary Key Largo
Chamber of Commerce. a non-profit Florida corporation. 105950 Overseas Highway, Key Largo.
Florida 33037. hereafter KlCC. for the preparation of the surplus Navy ship Spiegel Grove as an
artificial reef and transporting the Spiegel Grove to a site off Key Largo. Rorida. where the ship is to
be scuttled and tumed into an artificial reef. The ,County and KlCC further agreeing as follows:
1. aj The Spiegel GrQve. hereafter'the hulk. is a decommissioned Navy LSD. 510 feet in length
with an 84-foot beam and a vertical height from keel to stack of 94 feet. On the effective date of
this agreement. the hulk is located with the James River Reserve Reet in Fort Eustis. Virginia.
bl KLCC must satisfactorily complete its obligations under this Agreement by July 1. 1997.
2. In order to successfully convert the hulk into an artificial reef, KLCC must-complete the
following tasks:
aj Obtain written verification from a qualified marine engineer thaf the hulk will remain in
the site authorized and described in Army Permit No. 199502500. hereafter the Permit. during a
category three hurricane. A copy of the Permit is attached as Exhibit A and incorporated into this
Agreement.
b) An ,inspection of the hulk for materials considered hazardous by the U.s. Environmental
Protection Agency. hereafter EPA. the Rorida Department of Environmental Protection. hereafter
DEP. the U.S. Coast Guard and the National Oceanic and Atmospheric Administration. hereafter
NOAA. must be co.nducted by a qualified consultant employed by KLCC. The Consultant must
provide a list of all hazar~ous materials found on the hulk that the EP A requires to be removed. The
consultant must also provide an estimate of the cost of the removal of those hazardous materials
r and the cost of disposal in a manner satisfactory to the EPA.
c) KLCC will fumish $200.000 for funding the tasks set forth in paragraph. 2. If KLCC cannot
raise that amount or if the estimated cost of removal and disposal of the hazardous materials
exceeds $250.000. then KLCC -must confer with the County Administrator and the Board of County
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Commissioners to termine if additional funding is 10, ,Iy available from any County fund or
account to make up the estimated shortfall and if the County's Board of County Commissioners is
willing to authorize such an expenditure. If the Board. in its sole discretion. declines to make up the
estimated shortfall out of County revenues. then either party may terminate this agreement without
any further liability. duty or obligation to the other.
d) The hazardous materials revealed by the inspection that EPA requires to be removed
must then be removed by a qualified shipyard or marine salvor. The materials so removed must be
disposed of in a manner satisfactory to EPA.
e) The hulk must then be prepared by the qualified shipyard or marine salvor to the
maximum extent possible for diver safety. Diver safety preparation includes the following items:
sealing doors to prevent access by' inexperienced divan to the main deck; removing doors on other
decks: and removing cables that might create or pose a danger. The diver safety won: described in
this subparagraph must be performed to the satisfaction of the U.S. Coast Guard.
f) Upon completion of the tasks described in subparagraphs 2(b) and 2(d) - 2(el. KleC
must provide the County with written verification from the EPA. the DEP. the U.S. Coast Guard and
NOAA that the hulk is sufficiently free of hazardous materials to be used as an artificial reef.
Additionally. KlCC must provide the County ~ith written verification from the U.S. Coast Guard that
the hulk has been sufficiently modified to render it as diver safe as possible.
g) Once the hazardous materials have been removed and the hulk made diver safe.
, KLCC shall make orrongements with the 949th Transportation Company (Aoating Croff). U.s. Army
Reserve. to have the hulk towed from the site of the shipyard or marine salvors to the location off Key
Largo. Rorida. described in the Permit. If the 949th Transportation Company is not available. then
KLCC must arrange transportation by a similarly qualified entity. preferably a government agency.
subject to the County's approval.
h) When the hulk has arrived at the location described in subparagraph 2(g). KLCC shall
make orrongements with local businesses to complete any final preparations necessary before the
hulk is sunk. Once sunk. KlCC must also make arrangements with local businesses to ensure that any
2
holes cut in the h, .s hull to facilitate sinking have mek. jates welded over them to prevent diver
entry if deemed necessary by the County.
i) W~en the hulk has arrived at its location at Key largo - but before it is sunk - KLCC
must notify. and make the hulk available for inspection by. representatives of the EPA. the U.S. Coast
Guard. OEP. and the County. KLCC must correct deficiencies noted by any of those representatives
before the hulk is sunk.
,
j) When the hulk is finally approved for sinking. KLCC stlall cause the hulk to be sunk by
personnel from the U.S. Naval Special Warfare Center at the location specified in the Permit. The
hulk also must be sunk according to the specifications described in the Permit. If the hulk is not sunk
in conformity with the Permit. then KLCC. at its own expense. must correct whatever nonconformity
that may have occurred.
k) When the hulk has been sunk. KLCC shall then cause the hulk to be'mcrted with the
buoys required by the Permit.
3. Upon the successful completion of all the tasks required in paragraph 2. KLCC shall submit
an invoice to the County's Director of Marine Resources requesting payment in an amount not to
- .
exceed $50.000. The invoice must be in a format satisfactory to the Director and the CIeri< of the
Circuit Court. If the invoice is approved by the Director and the Clerk. the County must cause
payment to be made to KLCC in the amount requested.
4. KLCC acknowledges that the County's obligation to make the payment described in
paragraph 31s contingent upon the County's receipt of a $50.000 grant from OEP under Sec. 370.75.
Aa. Stat.. and Chapter 62R-9. FAC (Artificial Fishing Reef Program). If the grant is denied. the County
. .
will have no obligation 'to make any payment to KLCC under paragraph 3 or 'to otherwise
compensate KLCC In any way for carrying out the tasks set forth in paragraph 2.
5. KLCC must indemnify and hold harmless the County from and against all liability. claims.
damages both incidental and consequential. loss. costs and expenses arising out of. or resulting
from. any error or omission occurring during the course of carrying out the tasks set forth in
3
paragraph 2. ThQ Jerrmification and hold harmless ob. _ ..Itions of this paragraph do not extend to
claims based on injuries occurring after the date the hulk is sunk in conformance with the
Permit. KLCC's purchase of insurance under paragraph 6 and Exhibit 8 does not alter or effect
KLCC's obligations under this paragraph.
6. At the commencement of this agreement. KLCC must provide evidence that it has obtained
the insurance in the amount and type described in Exhibit B 'in favor at the County. Exhibit B is
attached and incorporated into this agreement. .
7. If KLCC or any of KLCC's subcontractors. including the military units listed above. fail to carry
out their obligations under this agreement. the County may - without limiting any other remedies it
might have - dispose at the hulk in whatever fashion the County determine's to be in its best interest.
8. All data. reports. and other documents produced or obtained in the course of carrying out
the tasks in paragraph 2 are and will remain the property of the County and must '6e delivered to
the County's Director of Marine Resources before the County may make any payment to KLCC.
.
9. Records of KLCC's personnel payroll expenses. costs and other expenditures pertaining to
the tasks set forth in paragraph 2 and the records of the account between the County and KLCC
must be kept on a generally recognize~ accounting basis and must be available to representatives
of the County and the Rorida DE? during normal business hours. KLCC must keep the records for a
period of three years following the payment described in paragraph 3.
10. KLCC is an independent contractor. Nothing in this agreement creates a contractual
relationship between any third party and the County or creates any rights in favor of a third party.
including KLCC's subcontractor3 and materialmen. vis a vis the County.
11. KLCC acknowledges that all records. data. and documents pertaining to the paragraph 2
tasks are public records under Chapter 119. Ra. Stat. As a result. they must be made available at a
reasonable time and place upon the request of any member of the public. Failure to do so is a
breach of this agreement immediately terminating the County's obligation to make any payment to
KLCC.
4
12. This agree ,1t has been carefully reviewed by
, KLCC and the County. Therefore. this
agreement is not to be strictly construed ogainst either party on the basis of authorship.
13. This agreement represents the parties' final and mutual understanding. It replaces any
earlier agreements or understandings. whether written or oral. This agreement cannot be modified
or replaced except by another signed agreement.
14. Nothing in this agreement should be read as modifying the applicable statute of limitations.
The waiver of the breach of any obligation of this ,ogreement does not waive another breach of that
or any other obligation.
15. KLCC 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. 010-1990. For breach or
violation of this provision the County may. in its discretion. terminate this agreement-without liability
and may also. in its discretion. deduct from the amount due under paragraph 3. or otherwise
recover. the full amount of any fee. commission. percentage. gift. or consideration paid to the
former County officer or employee.
16. This agreement is governed by the lows of the State of Florida. Venue for any disputes
arising under this agreement must be in Monroe County. Florida.
17. KLCC agrees that it will not unlawfullY discriminqte against any of its employees or
applicants for employment because of their race. color. religion. sex. national origin or disability.
KLCC must insert a provision similar to this paragraph in any subcontracts owarded under this
contract except those for the purchase of commercial supplies and row materials.
18. All communication between the parties should be through the following individuals:
Monroe County
George Garrett.
Director of Marine Resources
2798 Overseas Highway
Marathon. Fl33050.
(305) 289-2500
KLCC:
Ginna Thomas Drake.
Executive Director
Key Largo' Chambers of Commet:ce
103400 Overseas Highway
Key Largo. FL 33037
5
19. This agree. ...n't takes effect on the date of the si~ ,jture of the last party to sign.
IN WITNESS WHEREOF. each party has caused this Agreement to be executed by its....duly
authorized representative.
(SEAL)
Attest: DANNY L KOLHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
By
,
Deputy Clerk
M~or/Chajrman
Date:
(SEAL)
Attest:
KEY LARGO CHAMBERS
OF COMMERCE
By
By.gft~4tp~ B^"Qw.
Executive Director
Date:
oo/controcts/ortTeef 1
.
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6
APR-14-00 16,07 FROM,MONROE COUNTY ATTY OFFICE 10,3052923516
PAGE
2/2
,.
AMENDMENT I
ARTlRClAL REEf PREPARATION AND TRANSPORT.AGREEMENT
THIS AMENDMENT is mode by and between Monroe County. 0 political subdMsIon of the State of
Rondo. 5100 College Road. Key West, FL J3O.4O. hereafter the County. and The legendary l::ey largo
Chamber of Commerce. a non-profit corporation, .105950 OVe($eas Highway, Key largo. fl33037.
hereafter K1.CC. to an Agreement for the ~ation of the $UfPM Navy ship Spiegel Grove Q$ an
artificial reef and 1ramporling the Spiegel ~ve ~~ ~ site o~ Key largo, Florida. where the ship Will be
seuttled and turned Into an cu1Jftcfal reef. heredffer the onglnal 'Qgreement.
1 J Subparagraph l.b) of the original agreement Is amended to read:
1 bJ KLCC must satlsfa~oriIy complete Its obligations under fhfs Agreement by
December 31, 1997.
2) Paragraph 6 of the original agreement Is amended to I'8<:ld:
6. Before beginning the wortc. de$crfbed In parogroph 2. the ncc must
provide evidence that It has obtained the Insurance In the amount and type
deSafbed In f)chiblt 8 in favor of the. County. ExhIbit B Is attached and Incorporated
Into this agreement. In lieu of the Inst.JraI'ce de$crfbed in Exhibit B. the KLCC rTlgy'
fumish evidence satisfactory to the Couniy'sRtsk Management Director that the
KlCC's contractors or subcontrac:tOl'$ are svfflcJentty NIXed. or sufflcIenfty self-il'1$Ured,
so that the County's risk of loss due to the negrlgent acts Of omissions of others or due
to ocf$ of God is minimal
3.J In an other respects. the Agreement between the parties end aU its attachments remain in
fuU force and effect.
IN WITNESS WHEREOF, the parties have caused this Amendment to be duty executed this 16th
day of July. 1 rr/7.
Date
(SEAL)
Attest;
By
THE lEGENDARY KEY LARGO
CHAMBER Of COMMERCE
ByJp.J~I~J.J-~f;.~~ .
Executive DIrector
Date
JCor'YCJJtraet
AMENDMENT "
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
THIS AMENDMENT is made by and between Monroe County, a political subdivision of the State of
Florida, 5100 College Road. Key West. FL 33040, hereafter the "County." and The Legendary Key
Largo Chamber of Commerce. a non-profit corporation. 105950 Overseas Highway. Key Largo, FL
33037. hereafter" KLCC." to an Agreement for the preparation of the surplus Navy ship Spiegel Grove
as an artificial reef and transporting the Spiegel Grove to a site off Key Largo. Florida. where the ship
will be scuttled and turned into an artificial reef. hereafter the original "Agreement."
1) Subparagraph 1 (b) of the original agreement is amended to read:
1 (b) KLCC must satisfactorily complete its obligations under this Agreement by
December 31. 1999.
2) Paragraph 6 of the original agreement is amended to read:
6. Before beginning the work described in paragraph 2, the KLCC must
provide evidence that it has obtained the insurance in the amount and type
described in Exhibit B in favor of the County. Exhibit B is attached and incorporated
into this agreement. In lieu of the insurance described in Exhibit B. the KLCC may
furnish evidence satisfactory to the County's Risk Management Director that the
KLCC's contractors or subcontractors are sufficiently insured. or sufficiently self-insured,
so that the County's risk of loss due to the negligent acts or omissions of others or due
to acts of God is minimal.
3) In all other respects, the Agreement between the parties and all its attachments remain in
full force and effect.
By
the parties have caused this Amendment to be duly executed this
.1999.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
- "' ~
~~. 0....\
By J
Mayor /Chairman
(SEAL)
,~ ttest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
8y'
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Ba:~~j~e~~f)
Executive Director
Daie
jC9nivartreef
DATE
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'.
MONROE COUNTY, FLORIDA
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
I'
EXHIBIT B - INSURANCE REQUIREMENTS
During the tasks specified in paragraphs 2a and 2b, KLCC shall obtain or provide evidence of the
following insurance with the County named as an additional insured:
Commercial General Liability
General Liability insurance, with any exclusIons relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $ J million and coverages to include:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Porsonal Injury Liability
· Expanded Definition of Property Damage
Specialized Marine Insurance ~all be acceptable, if the protection provided is no less restrictive
than specified above.
Professional Lia bility
Professional Liability insurance with limits of no Jess than $J million per occurrence and $2
million annual aggregate, whiclt will respond to damages resulting from any claim arising out of
the perfonnance of professional services or any error or omission of the consultant (as specified in
2b) arising out of work governed by this agreement.
During the tasks specified in paragraphs 2d and 2e, KLCC shall obtain or provide evidence of tile
following insurance with the CoWlty named as an additional insured on all policies, except for
Workers' Compensation.
Commercial General Liability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $1 million and coverages to include:
· Prem.lses Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded DefinitIon of Property Damage
Specialized Marine Insurance ~all be acceptable, if the protection provided is no less restrictive
than spociftedabove.
"--
AMENDMENT II
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
THIS AMENDMENT is made by and between Monroe County, a political
subdivision of the State of Florida, 5100 College Road, Key West, FL 33040, hereafter
the County, and The Legendary Key Largo Chamber of Commerce, a non-profit
corporation, 106000 Overseas Highway, Key Largo, FL 33037, hereafter KLCC, to an
Agreement dated May 22, 1996, as amended July 16, 1997 for the preparation of the
surplus Navy ship Spiegel Grove as an artificial reef and transporting the Spiegel Grove
to a site off Key Largo, Florida, where the ship will be scuttled and turned into an
artificial reef, hereafter the original agreement.
1. Paragraph 3 of the original agreement is amended to provide for payment in the
amount of $268,000.00,
2. Paragraph 4 of the original agreement is deleted.
3. In all other respects, the Agreement as previously amended, between the parties
and all its attachments remain in full force and effect.
L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
JJo~c.~~~
Deputy Clerk
By:
. - ~\\ n
~_'-_\"'~.....-4~
Mayor/Chairman
Date:
10 - I 3 - '79
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERC
By:
~~~
Date:
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