Item D01
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: JULY 17, 2002
Division:
TDC
Bulk Item: Yes ----X- No
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with the Legendary Key Largo Chamber of
Commerce appropriating an additional $200,000 of District IV and District V tourist
development funds to be applied to the Spiegel Grove Project, and encompassing those
items in the June 19 BOCC agenda item that need commemoration in an amendment.
ITEM BACKGROUND:
The BOCC previously approved action at their meeting of June 19, 2002, but did not have
the actual amendment before it. The TDC approved same at their meeting of June 25, 2002.
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement May 22, 1996. BOCC approved amendments to
Agreement July 16, 1997; May 12, 1999; actober 13, 1999; May 18, 2000; August 16, 2001;
December 20,2001; February 14, 2002; March 20, 2002.
BOCC gave prior approval to this request for additional funding at their meeting of June 19,
2002.
BaCC approved FY 2002 budget at their meeting of September 19, 2001
CONTRACT/AGREEMENT CHANGES:
Additional Funding; Clarifies existing contract requirements due to changes in permit which
expired and new permit issued during course of this contract.
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $768.000
BUDGETED: Yes ~ No
COST TO COUNTY: $768.000ITOURIST PAY
DIVISION DIRECTOR APPROVAL:
REVENUE PRODUCING: Y es ~ No AMOUNT PER MONTH_ Year
'tP
APPROVED BY: County Atty ~ OMBlPbtchasing ---X- Risk Management X
L ~
(Lynda Stuart)
To Follow_
Included
X
Not Required_
DOCUMENTATION:
DISPOSITION:
AGENDA ITEM # :2J /
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: The Legendary Key Largo
eommerce/First Chamber of Commerce
Contract #
Effective Date:
Expiration Date:
Contract PurposelDescription:
Approval of an Amendment to Aoreement with the Leoendary Key Laroo
Chamber of Commerce appropriatino an additional $200,000 of District IV and
Oistrict V tourist development funds to be applied to the Spieoel Grove Proiect.
and encompassino those items in the June 19, BaCe aoenda item that need
commemoration in an amendment.
Contract Manager: Maxine Pacini
(Name)
3523
(Ext.)
TDC#3
(Department/Stop #)
for BOCC meeting on
7/17/02
Agenda Deadline: 7/2/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 768,000
Budgeted? Yes[8] No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
121-71040-530460- T71B-201A-530460
120-70040-530340-T20M-201)(-530340
- -
---
- -
---
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (e.2;. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
D~ In Needed ~Review.er
Division Director !P'tl-~ll)v YesD No[B
Risk Management l" - a- \o-D ;tYesO Nor;::] '('(). Sl2a · - ..
'7 7.
YesD No!2r" (dtL<_i!<~ II' -3,,<.c"~/
County Attorney ~~t({)o- YesD NO~ S.Hutton
Date Out
O.M.B.lPurchasing
&,
Comments:
OMB Form Revised 2/27/01 Mep #2
NINTH AMENDMENT TO AGREEMENT
(Additional FundinQ from DAC V and DAC IV)
THIS ADDENDUM to agreement is made and entered into this day of
2002, between the Monroe County Board of County Commissioners and The Legendary Key
Largo Chamber of Commerce.
WHEREAS, on May 22, 1996, the parties entered into a contract for the preparation,
transportation, and scuttling of the surplus Navy ship Spiegel Grove to be turned into an
artificial reef, and said contract was amended July 16, 1997; May 12, 1999 ; October 13, 1999;
May 18, 2000; August 16, 2001; December 20,2001; February 14, 2002 and March 20,
2002, and
WHEREAS, it is desired to contract to provide an additional $200,000 for said
placement of the Spiegel Grove for establishment of an artificial reef, and
WHEREAS, the Tourist Development Council has recommended the same action; and
WHEREAS, the County Commission, at its meeting of June 19, 2002, approved item P_
14, which indicated amendments according to an attached memorandum; and
WHEREAS, all of the items listed in said memo are items which are already included in
the existing agreement as subsequently amended but such inclusions may be by non-specific
reference, as for example to Permit #FKNMS-22002-019 which was issued after the expiration
of Army Permit #199502500; and
WHEREAS, it is desired to summarize the various requirements of the original
agreement and prior eight amendments and the current permit in one document;
NOW THEREFORE, the parties agree as follows:
1. Upon said placement of the Spiegel Grove on the ocean bottom in compliance with all
applicable laws and regulations, and receipt of documentation in accordance with the
Clerk's requirements to show that the Chamber has completed all of its obligations under
the agreement as amended, the County shall reimburse the chamber an amount of
$200,000 in addition to the sum of $568,000 which has been contracted through the
agreement dated May 22, 1996, as amended July 16, 1997; May 12, 1999 ; October 13,
1999, May 18, 2000, August 16, 2001, December 20, 2001, February 14, 2002 and March
20,2002.
2. The following items are accepted as points of compliance which have been established
previously through contract or permit requirements:
· KLCC MUST PROVIDE BUSINESS PLAN FOR MONITORING AND REPORTS
· KLCC MUST PROVIDE EXECUTED CONTRACT BElWEEN CONTRACTORS & KLCC FOR EACH SEGMENT
FOR WHICH REIMBURSEMENT IS REQUESTED
· COMPLIANCE WITH ARMY PERMIT No. 199502500 AND SUBSEQUENT U.S. DEPARTMENT OF
COMMERCE, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATIVEION, NATIONAL OCEAN
SERVICE PERMIT # FKNMS-2002-019 AND PERMIT MODIFICATIONS TO LA TIER, IF SPIEGEL GROVE
REMAINS ON SIDE, SINCE PERMIT REQUIRES SHIP BE IN UPRIGHT POSITION
· PROOF THAT KLCC FURNISHED $200,000 FOR FUNDING THE TASKS SET FORTH IN PARAGRAPH 2 OF
THE ORIGINAL AGREEMENT
Ninth Amendment to Agreement for Spiegel Grove
1
· KLCC MUST PROVIDE COUNTY WITH WRITTEN VERIFICATION FROM THE FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION (DEP), THE US COAST GUARD AND NOAA THAT THE HULK IS
SUFFICIENTLY FREE OF HAZARDOUS MATERIALS.
· KLCC MUST PROVIDE COUNTY WITH WRITTEN VERIFICATION FROM THE US COAST GUARD THAT THE
BULK HAS BEEN SUFFICIENTLY MODIFIED TO RENDER IT AS DIVER SAFE AS POSSIBE
· IF KLCC DID NOT UTIL TIZE THE 949TH TRANSPORTAITON COMPANY, US ARMY RESERVE TO HAVE
HULK TOWED TO SITE, KLCC MUST PROVIDE DOCUMENTATION SHOWING THAT THE TOWING PLAN
ACTUALLY USED WAS APPROVED BY THE MARINE RESOURCES DIRECTOR
· KLCC SHALL VERIFY THAT ANY HOLES CUT IN THE HULL TO FACILITATE SINKING HAD METAL PLATES
WELDED OVER THEM TO PREVENT DIVER ENTRY AS REQUIRED BY COUNTY AND FKMS (SANCTUARY)
· PROOF THAT KLCC, PRIOR TO SINKING, NOTIFIED REPRESENTATIVES OF DEP, EPA, THE US COAST
GUARD, DEPT AND THE COUNTY THAT THE HULK WAS AVAILABLE FOR INSPECTION.
· KLCC MUST CORRECT DEFICIENCIES AS REQUIRED BY FKMS & COUNTY MARINE RESOURCES
DIRECTOR
· IF KLCC DID NOT CAUSE THE HULK TO BE SUNK BY PERSONNEL FROM US NAVAL SPECIAL WARFARE
CENTER AT THE LOCATION SPECIFIED IN PERMIT OR AS PER SPECIFICIATION DESCRIBED IN THE
PERMIT THEN KLCC, AT ITS OWN EXPENSE, MUST CORRECT WHATEVER NONCONFORMITY TO THE
SATISFACTION OF FKMS IS NECESSARY TO GET THE PERMIT MODIFIED ACCORDINGLY
· KLCC SHALL VERIFY THAT THE HULK IS MARKED WITH THE BUOYS REQUIRED BY PERMIT
· KLCC MUST SUBMIT AN INVOICE TO DIRECTOR OF MARINE RESOURCES REQUESTING PAYMENT.
INVOICE MUST BE IN A FORMAT SATISFACTORY TO THE DIRECTOR AND THE CLERK AND APPROVED
BY BOTH
· KLCC SHALL PROVIDE DOCUMENTATION VERIFYING THE 50% MATCH ACCEPTABLE BY CLERK AND
REVIEWED BY DIRECTOR OF MARINE RESOURCES FOR REASONABLENESS
· KLCC SHALL PROVIDE DOCUMENTATION TO SHOW THAT THE CAPTAIN OF THE PORT ORDER MSDAR
02-001 WAS COMPLIED WITH.
3. All other provisions of the agreement dated May 22, 1996, as previously amended, and not
inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREaF, the parties have set their hands and seal on the day and
year first above written.
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BaARD OF CaUNTY eOMMISSIONERS
OF MONRaE COUNTY, FLaRIDA
Deputy Clerk
Mayor/ehairman
THE LEGENDARY KEY LARGa CHAMBER OF COMMERCE
President
APPROVED AS TO FORM
A~
:~E ~~N2~0" ~
Ninth Amendment to Agreement for Spiegel Grove
2
EIGHTH AMENDMENT TO AGREEMENT
(Assianment: First State Bank to TIB)
\ II /10/11 THIS ADDENDUM to agreement is made and entered into this 2tJ ~ay ~f
Iv ttUJl2002, between the Monroe County Board of County Commissioners, The
Legendary Key Largo Chamber of Commerce, First State Bank and TIS Bank.
WHEREAS, there was a contract entered into on May 22, 1996, as amended
July 16, 1997; May 12, 1999 ; actober 13, 1999, May 18, 2000, August 16,2001,
December 20,2001 and February 14, 2002 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
j turned into an artificial reef, and
WHEREAS, the Tourist Development Council has recommended the same
action; and '
WHEREAS the fifth Amendment to the original contract was an acceptance of
the Chamber's assignment to First State Bank of the Florida Keys of monies previously
contracted by the County for payment upon the completion of the project and
placement on the ocean bottom; and
WHEREAS, the seventh amendment provided an additional $300,000 for said
placement of the Spiegel Grove for establishment of an artificial reef but those
additional monies were not subject to the prior assignment: and
WHEREAS, First State Bank has proposed assignment to TIB Bank of the
Chambers assigned right to receive $268,000:
Naw THEREFaRE, the parties agree as follows:
1.- This amendment td agreement is by and between the Legendary Key Largo
Chamber of Commerce, First State Bank; TIS Bank and the Board of County "
Commissioners of Monroe County. , ",l
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Eighth Amendment to Agreement for Spiegel Grove
1
2. The Chamber assignment of the right to receive $268,000 upon placement of thE:;
Spiegel Grove on the ocean bottom, ,to First State Bank accepted by the County on
August 16, 2001, is hereby assigned to TIB Bank.
3. All other provisions of the agreement dated May 22, 1996, as previously amended,
and not inconsistent herewith shall remain in full force and effect.
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IN WITNESS WHEREaF, the parties have set their hands and seal on the day
.~~6~:!i:-',ij: ;::"r set above written.
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\:,".: ~~~ JS;r:~~~NNY L. KaLHAGE. CLERK
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.aepu Clerk
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BOARD aF CaUNTY
CaMMISSla RS aF
MONRaE C ifV, FLaRIDA
The Lege ' ary Key Largo Chamber
of Co rce
~
APPROVED AS TO FORM
AN~GAL SUFFICIE
'.
Assignment addressed above is hereby approved, b~~
President: TIB Bank
Eighth Amendment to Agreement for Spiegel Grove
2
SEVENTH AMENDMENT TO AGREEMENT
'M'
/ :-:, '/ THIS ADDENDUM to agreement is made and entered into this /tj~ day of
r ~2002, 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 ; actober 13, 1999, May 18, 2000, August 16, 2001 and
December 20, 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, as of the first date above, additional work remains to be done in
order to prepare the Spiegel Grove for permitting by regulatory agencies for placement
on the ocean bottom as an artificial reef; and
WHEREAS, the District V Advisory Committee to the Tourist Development
Council has recommended appropriation of an additional $300,000 of District V tourist
. development funds to be applied to the Spiegel Grove Project; and
WHEREAS, the Tourist Development Council has recommended the same
action; and
WHEREAS the fifth Amendment to the original contract was an acceptance of
the Chamber's assignment to First State Bank of the Florida Keys of monies previously
contracted by the eounty for payment upon the completion of the project and
placement on the ocean bottom; and
WHEREAS, it is desired to contract to provide an additional $300,000 for said
placement of the Spiegel Grove for establishment of an artificial reef but that these
additional monies not be subject to the prior assignment; and
WHEREAS, the Key Largo Chamber of Commerce has entered into, or will soon
do so, an agreement for final preparation of the Spiegel Grove for placement on the
ocean bottom, and said agreement has incorporated requested changes of the County
Attorney;
NOW THEREFaRE, the parties agree as follows:
1. This amendment to agreement is by and between only the Legendary Key Largo
Chamber of Commerce and the Board of County Commissioners of Monroe County.
Seventh Amendment to Agreement for Spiegel Grove
1
2. The Key Largo Chamber of Commerce shall take all actions necessary, including
providing for final clean-up and preparation, as required by all regulatory agencies to
place the Spiegel Grove on the ocean bottom in the area of Dixie Shoals as
contemplated under the pre-existing agreement as previously amended.
3. Upon said placement of the Spiegel Grove on the ocean bottom in compliance with
all applicable laws and regulations, and receipt of documentation in accordance with
the Clerk's requirements to show that the Chamber has completed all of its obligations
under the agreement as amended, the County shall reimburse the Chamber an amount
of $300,000 in addition to the sum of $268,000 which has been contracted through the
agreement dated May 22, 1996, as amended on July 16,1997; May 12,1999; actober
13,1999; May 18, 2000; August 16, 2001; December 20, 2001. The $300,000
contemplated under this amendment, dated on the date first above written, is not
subject to the assignment accepted by the County in the Amendment dated August 16,
2001.
4. The requirement in original Agreement dated May 22, 1996, paragraphs K) 3. And
K) 4. Requiring a grant from DEP is hereby deleted.
5. All other provisions of the agreement dated May 22, 1996, as previously amended,
and not inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREaF, the parties have set their hands and seal on the day
and year first above written.
The Legendary Key Largo Chamber
of Commer
_ NY L. KOLHAGE, CLERK
BaARD aF eOUNTY
CaMMISSlaNERS aF
MaNRaE CaUNTY, FLaRIDA
MaYO~irman
Seventh Amendment to Agreement for Spiegel Grove
2
AMENDMENT TO AGREEMENT
~ _ THIS ADDENDUM to agreement is made and entered into this 2tJ~ 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 ; actober 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;
Naw THEREFaRE, 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 obiigations 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 WHEREaF, the parties have set their hands and seal on the day
and year first above written.
--------Ihe1:egendary Key Largo Chamber
of Commerce
\
BaARD aF COUNTY
COMMISSIONERS aF
MONRaE CaUNTY, FLORIDA
MaYor/Ch~
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered 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 "ehamber") agreement to provide for Assignment to First
State Bank of the Florida Keys of the rights of the Chamber to receive payment to;
Naw THEREFaRE, 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 eounty 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 WHEREaF, the parties have set their hands and seal on the day and
year first above written.
First State Bank of the Florida Keys
BY:d~ ~ uI
~..~ ANNY L. KOLHAGE, CLERK BOARD OF CaUNTY CaMMISSIONERS
..
n_~_ ~;C;TY~
~~ut lerk M or/Chairman
l;.?PpOV~D, AS TO FO.Rr~'f.. ....,7
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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 surpl~s 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.
.'/""::;:":'.~:':';"l:>I~ W. !TNES~WHEREaF'/1the parties have caused this Amendment to be duly
/"'-,'~'~e:ReCtt.t-e~hls 'If' day of t11r-rY 2000.
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\:~;~l~~~;~~Z::i;9;'NNY L. KaLHAGE, Clerk
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Date:
11171 II, z....O 0
(SEAL)
Attest:
By: /7) - .~-u.?- ,>t ~U'1
l~ ./
Date: Jj h ') /;zot':J 0
BOARD OF CaUNTY COMMISSIONERS
OF MONROE COUNTY
By: cS~-F~
Mayor/Cha man
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
BY~~
~~~~~~~ Corporate Secretary/Treasurer
';C. ,-- ..'ED AS TO FORM
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AMENDMENT II
ARTIFICIAL REEF PREPARATION ANO TRANspaRT AGREEMENT
THIS AMENOMENT 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"WiTNESS .WHEREaF, ~e parties have caused this Amendment to be duly
.executed.Jhisr" .3 lJ day of 6>CI 1999.
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L KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS
OF MaN ROE COUNTY
By:
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Deputy Clerk
By:
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Mayor/Chairman
Date:
10 - I 3 - c; 9
(SEAL)
Attest:
THE LEGENDARY KEY LARGa
CHAMBER OF COMMERC
By:
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Date:
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AMENDMENT "
ARTIFICIAL REEF PREPARATlaN AND TRANspaRT 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.
the parties have caused this Amendment to be duly executed this
,1999.
By ~e~e~~"-
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
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By .
Mayor/Chairman
(S EAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
By.
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-
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Ba:~~M}~e~
Executive Director
Date
jconivartreef
DATE
~
MONROE COUNTY, FLORIDA
ARTIFICIAL REEF PREPARATION AND 'TRANSPORT AGREEMENT
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 Uability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $ I million and coverages to include:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded DefUlition of Property Damage
Specialized Marine Insurance shall be acceptable, if the protection provided is no less restrictive
III an specified above.
Proft.ssiona' Liability
Professional Liability insurance with limits of no less than S J miUion per occurrence arid $2
million annual aggregate, which 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 shaU obtain or provide evidence of the
following insurance with the CoWlty named as an additional insured on aU policies, except for
Workers' Compensation.
Commercia' General Liability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $1 million and coverages to include:
· Premjses Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded DefinitJon of Property Damage
Specialized Marine Insurance shall be acceptable, jf the protection provided is no Jess restrictive
than specified above.
APR-14-00 16,07 FROM,MONROE COUNTY ATTY OFFICE ID'3052923516
PAGE 2/2
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:',: / ' AMENDMENT I
'j! '" ARTIFICIAL REEF PREPAAATlON AND TRANSPORT,~GREEMENT
, THIS AMENDMENT is made by and between Monroe County. Q poafcal s,ubdlvisIon of the State of
'FtondQ. S 1 00 College Road. Key West. fL 330<<). hereafter the Couniy. and lhe Legendary t::ey Largo
Chamber of Commerce. a non-profit corporation. ,105950 OveBeQ$ HighwaV, Key largo, FL 33031.
hereafter KLCC. to an Agreement for the ~tion of the SUJpIus Navy ship SpIegel Grave as CItl
C1rtificial reef and 1ransportfng the Spiegel ~v~ ~~ ~ site o~ Key ~. ffcrida. where 1he ship wNI be
scuttfed and nmed b1to an artificial reef. hereafter the orfglnal'ciQreement.
1) Subparagraph J .bl of the origincd agreement rs am~ fa read:
1 bJ Kt.CC must ~orfIy comptete I. obligations under this Agr8ement by
December 31. 1"7.
2) Paagraph 6 of the original agreement Is amended to I'BCICt
6. Before beg1ming 1he WOIf(' descrfbed In PGlOwrQph 2. the KlCC must
provide evidence that It has obtained the Insurance in the amount and 1ype
desctIbed In echiblt 8 in favor of the' County. &hIbit B Is attached and lncarporated
Into this agreement. In fleU of the Insurance described in Exhibit B. the KLCC mav
fumistl evidence safisfactory to the County's 'RIsk Management Dhctcr 1hat the
KlCC's contrac1ors or subconfn:lctOf1 are sufffdenfty fnsU'ed. or- sufftcIen1Iy se'~.
SO thcrt the County's risk of loss due to the negf.gent acts or omlssions of othets or due
to Clets of God is minimal.
3.) In 01 other respects. the Agreement between the partfes and aI it$ attact'ments remain in
tuB force and effect.
IN WITNess WHEtEOf. the pcI1Ies h0V'8 caused this Amendment to be duly eJCeGUted thb 16th
dav of July. 1997.
"'--
lSEAlJ
Attest:
By,
THE lEGENDARY KEY lARGO
CHAMBER OF COMMERCE
BV..J>>.'~'--A~~~~~ '
ExecutiVo Drreetor
Date
Jcorivorlrael
i. ;RCJAl REEF PREPARATION AND \NSPOt<( AGREEMENT
This Agreement is made by and between Monroe County, a political subdivision of the State 0
Florida. 5100 College Road. Key West, FL 33040, hereafter County, and The Legendaiy Key Lorge
Chamber of Commerce, a non-profit Florida corporation, 105950 Overseas Highway. Key Largo
Rorida 33037. hereafter KLCC, for the preparation of the surplus Navy ship Spiegel Grove as on
artificial reef and transporting the Spiegel Grove to 0 site off Key Largo. Rorida, where the ship is to
be scuttled and turned into an artificial reef. The ,County and KLCC further agreeing os 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 T. 1997.
2. In order to successfully convert the hulk into an artificial reef. KLCC must compJete the
following tasks:
0) Obtain written verification from 0 qualified marine engineer that- the hulk wm 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 Deportment 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 ail hazaroqous materials found on the hulk that the EPA requires to be removed. The
consultant must also provide an estimate of the cost of the removal of those hazardous materials
· and the cost of disposal in a manner satisfactory to the EP A.
c) KLCC will fumish $200.000 for funding the tasks set forth in pcrograph. 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 ~ither pcrly may terminate this agreement without
any further liability, duty or obligation to the other.
dJ The hazardous materials revealed by the inspection that EPA requires to be removed
must then be removed by a qualified shipyard or marine salvor. l!1e m~terials so removed must be
disposed of in a manner satisfactory to EPA.
eJ 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 wortc: 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{bJ and 2rdJ - 2{eJ. KLC.C
must provide the County with written verification from the EPA. the OEP. the U.S. Coast Guard and
.,
NOAA that the hulk is sufficiently free of hazardous materials to be us!i!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 end the hulk made diver 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 location off Key
Largo, Florida. described in the Permit. If the 949th Transportation Company is not avaUable. then
KlCC must arrange trcnsportation by a similarly qualified entity, preferably a government agency,
subject to the County's approval.
hJ When the hulk has arrived at the location described In subparagraph 2(g). KlCC shall
make arrangements with local businesses to complete any final preparatfons 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 mete... Jates welded over them to prevent divE
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. COOS1
Guard. DEP. 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 descnbed 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 marked 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'tshing 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 ccnying out the tasks set forth in paragraph 2.
5. KLCC must indemnify and hold harmless the County from and against aU 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. The Jeinnification and hold harmless ob. _ .,Jtfons of this paragraph do not extend t
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 B does not alter or effec
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 of the County. Exhibit B is
aHached and incorporated into this agreement. ,
7. If KlCC or any of KL~' s subcontractors. including the military units Ifsted above. faii to ccny
out their obligations under this agreement. the County may - without Ifmiffng any other remedies it
might have - dispose of the hulk in whatever fashion the County determines 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 properly of the County and must be deUVered to
the County's Director of Marine Resources before the County may make any payment to KLCC.
.
9. Records of KlCC's personnei payroll expenses. costs and other expenditures pertaining to
the tasks set forth in pcrcgraph 2 and the records of the account between the County and KLCC
must be kept on a generally recogn~ 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 confrcctor. Nothing in this agreement creates a confrcctual
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.
II. 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 avaRable 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 "t has been carefully reviewed by . , KLCC and the County. Therefore. thi~
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 os mOdifying the applicable statute of limitations.
15. KLCC warrants that it has not emp/oy~. retained or otherwise hod oct 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 laws of the State of Florida. 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 Commer:ce
103400 Overseas Highway
Key Largo. Fl33037
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 ...QuI'
authorized representative.
(SEAL)
Attest: DANNY L KOlHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
, By
Deputy Clerk
By
,
M~or/Chairman
Date:
(SEAL)
Attest:
KEY LARGO CHAMBERS
OF COMMERCE
By
Byjj,:.~ ~{~ 8.'4lb
Executive Director
Date:
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