Item E7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: DECEMBER 20. 2001
Division:TDC _
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of Amendment with The Legendary Key Largo Chamber of Commerce for a one
year extension for the Spiegel Grove preparation agreement.
ITEM BACKGROUND:
The Legendary Key Largo Chamber of Commerce has experienced some delays and
setbacks and has requested a one year extension to their agreement.
PREVIOUS REVELANT 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 amendment to Agreement May 18, 2000
BOCC approved amendment to Agreement August 16, 2001
BOCC approved FY 2002 budget at their meeting of September 19, 2001
CONTRACT/AGREEMENT CHANGES:
Extension
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $268.000
COST TO COUNTY:
BUDGETED: Yes ---X- No
REVENUE PRODUCING: Yes~ No
AMOUNTPERMONTH_ Year
. I)
OMB/Purchasing ---X- Risk Management X eJ, l~ <... \
, ~~
(Lynda Stuart)
APPROVED BY: County Atty ---X-
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # e;.2 -~
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Legendary Key
Largo Chamber of
Commerce
Contract Purpose/Description:
Approval of Amendment with The Legendary Key Larqo Chamber of Commerce
for a one year extension for the Spieqel Grove preparation aqreement.
Contract #
Effective Date:
Expiration Date:
12/20/01
Contract Manager: Maxine Pacini
(N ame)
3523
(Ext.)
TDC#3
(Department/Stop #)
for BOCC meeting on
8/16/01
Agenda Deadline: 8/1/01
CONTRACT COSTS
Total Dollar Value of Contract: $ 268,000
Budgeted? Yes[8] No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
121-71040-530460-T71B201 Y-530460
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Division Director
Changes
Neede~ ~.....,R~r ".
YesDNOI:::::J ~~ 1/
/t{/C,I"D\ YeSDNo~{Z'lJ~T~ Kt~~ /I
1\\\5101 YesDNo~~.Q..Q II
Itl, '/c1 YesD Nof21 S.Hutton tf I
Date Out
Date In
Risk Managemnt
O.M.B./PU~g
County Attorney
Comments:
OMB Form Revised 2/27/01 Mep #2
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this day of
2001, between the Monroe County Board of County Commissioners, The
Legendary Key Largo Chamber of Commerce
WHEREAS, there was a contract entered into on May 22, 1996, as amended
July 16, 1997; May 12, 1999 ; October 13, 1999; May 18, 2000, and August 16, 2001
between Monroe County Board of County Commissioners and The Legendary Key
Largo Chamber of Commerce 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, and
WHEREAS, The Legendary Key Largo Chamber of Commerce has experienced
delays with the preparation of the project; and
WHEREAS, it has become necessary to request an extension to the Agreement
for one additional year;
NOW THEREFORE, the above parties agree as follows:
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, 2002.
2. All other provisions of the contract dated May 22, 1996, as previously amended
and not inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
The Legendary Key Largo Chamber
of Commerce
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
~~IUL/~~~~ aL:~1
13054514725
KEY LARGO CHAMBER
PAGE 01
Legerufmy
".;u~ KEY LARGO
>>=f';3
Z~d, Ownberof Commerce
106000 Overseas Highway
Key L..X'go, Florida 33037
FilJIC (305) 451.4726
(305) 451-1414 or (800) 822-1088
www.fJoridilkeys.org
November 7, 2001
To:
Tourist Development Council
AU: Maxine Pandnj
Fmm:
Karen TIedemann, President
Re:
Artificial Reef Preparation and Transport Agreement with
the Key Largo Chamber of Commerce and Monroe County
for the Spiegel Grove
Due to continued delays and other setbacks, the Spiegel Grove project win not be
completed by the expiration date of December 31, 2001 as set forth in the above
referenced contract
Therefore, we are requesting an amendment to the contract
Please amend Subparagraph 1 (b) of the origina' Artificial Ree( PMpAratiol'1 anej
Tran$pOrt Aaree."ent to read:
1(b) KLCC must satisfactorily complete its obligations under this
Agreement by December 31, 2002.
Thank you for your prompt consideration of this request.
The First of the Fabulous Florida Keys
Dive Capital of the Wodd
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made andelitered into this 16th day of August
2001, between the Monroe County Board of County Commissioners, The Legendary Key
Largo Chamber of Commerce and First State Bank of the Florida Keys.
WHEREAS, there was a contract entered into on May 22, 1996, as amended July
16,1997; May 12,1999 ; October 13,1999 and May 18, 2000 between Monroe County
Board of County Commissioners and The Legendary Key Largo Chamber of Commerce
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, and
WHEREAS, The Legendary Key Largo Chamber of Commerce has entered into a
security agreement with First State Bank of the Florida Keys for the agreement dated May
22, 1996 and amendments to agreement thereafter; and
WHEREAS, it has become necessary to amend The Legendary Key largo Chamber
of Commerce's (hereinafter "Chamber") agreement to provide for Assignment to First
State Bank of the Florida Keys of the rights of the Chamber to receive payment to;
NOW THEREFORE, the above parties agree as follows:
1. The Chamber of Commerce assigns its right to receive payment under the
agreement dated May 22, 1996 ,as previously amended, to First State Bank of the
Florida Keys.
2. The County approves and accepts the assignment of said payment rights to First
State Bank of the Florida Keys.
3. All other provisions of the contract dated May 22, 1996, as amended as amended
thereafter, not inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and
year first above written.
'/i%~"(,{~@
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1",1 Mt'~ f1~", (f:,~,,~._
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~;<".~\,~'-"."." ../ ANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
~~~ .f. .' ~MONROE COUNTY'~:RIDA
( ~-_...f!/j.J...~. ~ ~ ~ ~d
.......---Deputy'6lerk M or/Chairman
i,?PPOVED AS TO FORM/ '
hi) U'GAl SUFFICIENQY//,
i~ Y-, i~"';J<.tJ.,(\,1;(,.//lf .,;1t:
/' sUZANNE A. 'HUUON '
i./ 1":....
Key Largo Chamber
~-(,
- //' &
- ~f7JLt#%~
First State Bank of the Florida Keys
BY:cr ~ UI
-
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 sh,ip 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.
. ,.~'.~'.,: ,:'~.;~.I.N WITNES>>WHEREOF, the parties have caused this Amendment to be duly
';"":'~:~ex~ctit~~his ,(9 day of (HAy 2000.
f'.: "',',: ' ,,;: ~/ ':<:<,'~\
i ::' \ ',' .~F>;<SEAL)\)'}.l
~~' "\'n~~;,.4ri~,#tf;:-,'D~NNY L. KOLHAGE, Clerk
"'~:.,i:,~~,,~~~..\"t+~",~~~~{/
'Uu~~
Date:
md Ii, z.~o 0
(SEAL)
Attest:
BY:(Z)~-t.~-u2-
>t ~c/~
./
Date:
Jj h ') hbr> CJ
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By: oS~-F~
Mayor/Cha man
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
/
BY~~~lCd~
~~~~~~~ Corporate Secretary/Treasurer
, ,o":ED AS TO FORM
~:,: " ,,-;AL SUFFI I y,
" , >y1.
'A~ (!J;N
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.
,/ / ~ IN'~)~ESSJ:HEREOF, t~e parties have caused this Amendment to be duly
.'execut~d.Jhl~:i3 ' day of (9CI 1999.
!' /...< j;:!'
i 'IN! '", '. "f: '.~.
I.
'1/:', L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
~c.~~~
Deputy Clerk
". ......
\" ;~:3,,)'t.,;(ii\~\.~L''\i'''''''-'-~-''';;'f'!;<.-''L...;~,,~.., _
.r.,.I,~._..
.~
By:
Mayor/Chairman
Date:
10 - I 3 - '79
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERC
By:
~/f:~~
Date:
(/dJ:~?
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. 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 tumed into an artificial reef, hereafter the original If 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
fumish 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.
the parties have caused this Amendment to be duly executed this
,1999.
By ~e~e~~"-
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
- 4 ~
~.!II~~.L~~. '~'_ _"'_,
By I
Mayor/Chairman
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
8y.
/~_. ~
,~Zk~~
;."
,h/~
B$~~~M)~e~,}
Executive Director
Date
jconivartreef
AN~ ~ HUTK
DATE J ':5 ') 'i
/ /
/
"
MONROE COUNTY, FLORIDA
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
EXHIBIT B - INSURANCE REQUIREMENTS
During the tasks specified in paragraphs 2a and 2b, KLCC shaJJ 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 $) million and coverages to include:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Defmition of Property Damage
Specialized Marine Insurance shalf be acceptable, if the protection provided is no less restrictive
tJlan specified above.
Proftssional Liability
Professional Liability insurance with limits of no Jess than $J miJlion per occurrence and $2
million annual aggregate, whiclt will respond to damages resulting from any claim arising out of
.the perfonnance of professional services or any error or omission of the consultant (as specified in
2b) arising out of work governed by this agreement.
During the tasks specified in paragraphs 2d and 2e, KLCC mall obtain or provide evidence of the
following insurance with the Cowlty named as an additional insured on aU policies, except for
Workers' Compensation.
Commercial General Liability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than S1 million and coverages to include:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
Specialized Marine Insurance shall be acceptable, if the protection provided is no less restrictive
th8/1 specified above.
APR-14-00 18,07 FROM,MONROE COUNTY ATTY OFFICE ID,305292351S
PAGE 2/2
"', .,.
,;
'./
AMENDMENJ 1
ARTIFICIAL REEF PREPAAAUON ~D TRANSPORT.~GREEMENT
THIS AMENDMENT is made by and between Monroe County. Q political subdMslon of the State of
:Rondo. 5100 College Road. Key West. FL 33040. hereafter the County. and The Legendary a::ey Largo
Chamber of Commerce. a non-profit corporation. .105950 OveBea$ Highway. Key largo. fL 3303].
hereafter KLCC. to an Agreement for the ~tion of the $u,pIus Navy ship Spfegel Grove as an
artificial reef and 1ransportfng the Spiegel ~v~ !~ ~ site o~ Key ~o, Rcrida, where the ship W!fI be
seutffed ond fumed Info an artIftefCll reef. hereafter the origInal 'Qweement.
1) Subparagraph l.bl of the original agreement Is am~ to mad:
1 bJ nee must satJsfa~orIy complefe Its obligations UndM thts Agr8ement by
December31. 1997.
2J Paragraph 6 of the orfglnal agreement Is amended to react;
6. Before beglMing the WOlle, described In pc:r'CIgraph 2. the Kl.CC must
provide evidence that If has obtained the 1flSU'anCe In the amount and type
deScribed In exhiblt 8 in favor of the- County. &hIbit B Is attached and Incorporat8d
Into this agreement. In lieu of the Insurance desaIbecI in Exhibit B. the KLCC may
furnish evidence satisfactory to the CountytsRfsk Management Di'ector that the
KLee's contractors Of'subcontractOf1 are sufffdenttv Insured. Or sufffcIen1fV self-insured.
so that the County's risk of loss due fo the neg(lgent acts or omissions of oth8B 01" Cfue
to Clcb of God is minimal
3.) In an other respects. the Agrnment be1ween the pcries and a8 its attachments remain in
fun foree and effect.
IN WITNESS WHEREOF. the pgrfIes have caused this Amendment to be duly exeouted thiI 16th
day of July. "'7.
(SEAL)
Attest;
By.
THE LEGENDARY KEY LARGO
CHAMBER Of COMMERCE
By4lJ~~A~.J~f}~ .
executiVe DIrector
Date
JcorWartrael
1. lRCJAl REEF PREPARATION AND \NSPOI'<f AGREEMENT
This Agreement is made by and between Monroe County, a political subdivision of the State 01
Florida. 5100 College Road. Key West. FL 33040. hereafter County, and The legendaiy 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 turned into an artificial reef. The .County and KlCC further agreeing as follows:
1. a). 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.
b} 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:
a} Obtain written verification from a qualified marine engineer thatthe 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 Florida Deportment of Environmental Protection, hereafter
DEP. the U.S. Coast Guard and the National Oceanic and Atmospheric Adminfstratfon. hereafter
NOAA, must be co.nducted by a qualified consultant employed by KLCC. The Consultant must
provide a list of all hazarc;fous 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 hazcrdous materials
· and the cost of disposal in a manner satisfactory to the EPA.
c} KlCC will furnish $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 materiols
exceeds $250.000. then KLCC .must confer with the County Administrator and the Board of County
~.....c: C~ ! ..,' '.::.:~
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o.! ':::-~:. .::..: ._;_..~s
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---.... _.~-..._-
Commissioners to
termine if additional funding is la, ,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. ~e m<:Jterials so removed must be
disposed of in a manner satisfactory to EP A.
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 divers to the main deck: removing doors on other
decks: and removing cables that might create or pose a danger. The diver safety work descnbed 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(eJ, KlCC
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 us~d 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 craver safe,
. KLCC shall make arrangements with the 949th Transportation Company (Floating Craft), U.s. Army
Reserve, to have the hulk towed from the site of the shipyard or marine salvors to the locctfon off Key
.Largo. Aorida, described in the Permit. If the 949th Transportation Company Is not available. then
KLCC must arrange transportation by a similarfy qualified entity, preferably a government agency,
subject to the County's approval.
h) When the hulk has arrived at the locetion described In subparagraph 2(g). KlCC shall
make arrangements with local businesses to complete any final preparations necessary before the
hulk is sunk. Once sunk, KLCC must also make arrangements with locel businesses to ensure that any
2
holes cut in the h, .s hull to facilitate sinking have mete... jates welded over them to prevent diver
entry if deemed necessary by the County.
i) When the hulk has arrived at its location at Key largo - but before it is ~unk - KlCC
must notify, and make the hulk available for inspection by, representatives of the EPA, the U.S. Coast
Guard, DEP, and the County. KLCC must correct deficiencies noted by any of those representatives
before the hulk is sunk.
,
jJ When the hulk is finally approved for sinking, KLCC sttall 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 mcrlced 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 Clerk 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 3 Is contingent upon the County's receipt of a $50,000 grant from DEP under Sec. 370.75,
Ra. Stat.. and Ch~pter 62R-9, FAC (Artificial F'lShing Reef Program). If the g!ant 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 Incfdental 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. The Jemnificatfon and hold harmless ob. _..Jtfons of this pcrograph do not extend to
claims based on injuries occurring after the dote the hulk is sunk in conformance with the
Permit. KLCC's purchase of insurance under paragraph 6 and Exhibit B does not alter or effect
KLCC's obligatfons 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 of 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 of the hulk in whatever fashion the County determines to be in its best Interest.
B. AU data. reports. and other documents produced or obtained in the course of carrying out
the tosks in paragraph 2 are and will remain the property of the County and must be delivered to
the County's Dfrector 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 DEP 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 subcontractors and materialmen. vis a vis the County.
11. KLCC acknowledges that all records. data. and documents pertaining to the paragraph 2
tosks ore 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 terminatfng the County's obligation to make any payment to
KLCC.
4
12. This agree "t has been carefully reviewed by . , KLCC and the County. Therefore. this
agreement is not to be strictly construed against 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 pcrcgrcph 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 Rorida. Venue for any disputes
arising under this agreement must be in Monroe County, Rorida.
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 awarded under this
contract except those for the purchase of commercial supplies and raw 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 ~uly
authorized representative.
(SEAL)
Attest: DANNY L KOLHAGE. Clerk
. By
Deputy Clerk
Date:
(SEAL)
Attest:
By
Date:
aa/contracts/crtreefl
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BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
.
M~or/Chajrman
KEY LARGO CHAMBERS
OF COMMERCE
By~4~18m44J B~~b
Executive Director
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