Item L04
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 16 April 2003
Division:
Growth Management
Bulk Item: Yes ~ No
Department:
Marine Resources
AGENDA ITEM WORDING:
Approval of Contract with REEF to provide monitoring on the Artificial Reef, Spiegel Grove.
ITEM BACKGROUND:
A permit was required by NOAA to enter the waters of the Florida Keys National Marine Sanctuary with the
ship, V.S.S. Spiegel Grove destined to become an artificial reef off Key Largo. One condition of the permit
required monitoring ofthe permitted reef site and several adjacent sites. REEF provided a scope of work for the
project and it was included in the NOAA permit. However, a contract for the project was not formally required
of REEF. In order to provide an appropriate audit mechanism staff is providing the attached contract for
monitoring between June of 2002 through the remainder of this fiscal year. Funds for the project will be
provided through the Boating Improvement Fund, a total cost of approximately $25,000.
PREVIOUS RELEVANT BOCC ACTION:
Approval of the Spiegel Grove artificial reefproject.
CONTRACT/AGREEMENT CHANGES:
NA
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
Aporox $25.000
BUDGETED: Yes
x
No
COST TO COUNTY:
SOURCE OF FUNDS:
BIF
REVENUE PRODUCING: Yes
No ~ AMOUNT Per Month
Year
APPROVED BY: County Atty ~
Risk Management -L
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION: Included
To Follow ~ Not Required
DISPOSITION:
AGENDA ITEM NO.:
~
BC030420.doc
03/27/036:39 AM
AGENDA ITEM WITH LATE DOCUMENTATION
DMSION J:jLlO~ l'Cl CLI'1~ mI !\t
DEPARTMENTJ1l~ ~~
SUBJECT~YJl) e6~ l.J..J~ fQQJ)6 f1n
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Sp~ (Qfl,C).L)C.
DATE ITEM WILL BE A V AILABLE If- - J 0 - o~
AGENDA ITEM NUMBER
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[~
, .... AL-.
Monroe County Planning Department
2798 Overseas Highway, Suite 410
Marathon, FI 33050.2227
I.hone (305) 289..2500 Fax (305) 289...2536
To:
L"IO cation:
Fax #:
From:
# of pages includlnS;!:1 cover:
R.;i!r'narkS:~ /Zo.--
RF:EF ~
~
~
L..4-
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Appendix E
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EXHIBIT B
Insurance Requirements
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CONTRACT FOR MONITOIUNG
ILS.S. SPIEGEL GROVE__KEY LARGO" FLORIDA
TInS CONTRACT is entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is the Marathon Government
Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the County,
and REEF Er:vironmental Education Foundation, 98300 Overseas Highway, Key
Largo, Florid:::. 33037 USA, hereafter CONTRACTOR.
Section 1. Tbe CONTRACTOR and the County, for the consideration named
agree as fOillows:
1. The C()NTRACTOR agrees to monitor the artificial reef known as the
o.s.s. ~~:)iegel Grove in accordance with the Scope of Work provided in
Exhibit A.
2. Follow:ing year 1 of monitoring, a summary report will be produced
outlinirlg temporal changes in species composition and populations on the
Spiegel Grove site. In addition, an analysis of the seven (7) reference sites
will be cDnducted to document any change in composition or abundance at
those IClt::ations. Summary data reports will be generated from the REEF
databasl~ as well as site similarity comparisons. At the end of five (5) years
a com)011ete assessment of changes at the Spiegel Grove site and a
compari:mn of adjacent monitoring sites will also be provided.
AnReefSSpiegelREEFO,'nf rnct0304
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Section 2. TI!};: CONTRACTor may invoice the County the amount of$3~500 for
each monitoring event in accordance with Exhibit B. The total amount of the
CONTRAC:~i~ will not exceed $35~OOO. Attached to each invoice will be a short
report doclI.unenting each monitoring event, documenting the date or dates of
the event,lmrsonnel used, number of boats involved, etc. Cumulative reports
may be prc,vided for. invoices involving multiple events. Upon receipt of an
invoice, thtl County will process the invoice within thirty days for payment.
Section 3. Th~ County and CONTRACTOR acknowledge that funds have been
appropriated for fiscal year 2002 - 2003, ending September 30, 2003. If the
County dOI:l~;, not appropriate funds for this CONTRACT in future fiscal years
(2004 thrc:ugh 2007), the CONTRACT becomes null and void upon final
adoption of the County budget for that fiscal year. The CONTRACTOR will
be notified that funds have not been appropriated for the CONTRACT prior to
any additi(lI1al monitoring events and before the CONTRACTOR has incurred
any expem,es in that fiscal year.
Section 4. EIther party may terminate this CONTRACT because of the failure of
the other p.:uty to perform its obligations under the CONTRACT. If the County
terminates this CONTRACT because of the CONTRACTOR's failure to
perform, H'.en the County must pay the CONTRACTOR the amount due for all
work satisfa,;:torily completed as determined by the County up to the date of the
COl1trllCl
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CONTRAC:TOR's failure to perform but minus any damages the County
suffered as il result of the CONTRACTOR's failure to perform. The damage
amount mlliSt be reduced by the amount saved by the County as a result of the
CONTRA(;T termination. If the amount owed the CONTRACTOR by the
County is 11,)1 enough to compensate the County, then the CON1RACTOR is
liable for ~my additional amount necessary to adequately compensate the
County up t~) the amount of the CONTRACT price.
Section 5. The CONTRACTOR acknowledges and agrees that public use of any
or all reports or other printed materials, videos, audio recordings, films and
photograplw produced as part of this Project may not be restricted under the
copyright laws of the United States of America.
Section 6. H.fcords of the CONTRACTOR's direct personnel payroll and other
costs and expenses pertaining to the Project and records of the accounts
between the County and the CONTRACTOR must be kept on a generally
recognized a.ccounting basis and must be available to the County. The records
also must b ~ in form sufficient to permit a grant specific audit to be performed
in accordnr,ce with the rules of the Auditor General. The CONTRACTOR
must keep the records for five years following the completion of the Project.
Section 7. The CONTRACTOR acknowledges that all records, data, and
document::; created as part of the Project are public records under Chapter 119,
Conltact
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Florida Stn.tlltes. As a result, they must be made available at a reasonable place
and time upon the request of a member of the public. Failure to do so is a
breach of this CONTRACT entitling the County to treat the CONTRACT as
terminated on the date of the violation of Chapter 119, Florida Statutes, with
the Count~i s obligation to pay extending only to work completed as of that
date plus ~:Imounts previously retained, if any.
Section 8. In the course of carrying out the monitoring program, the
CONTRAC TOR may not discriminate against any employee because of race,
age, creed, color, sex or national origin. The CONTRACTOR will take
affirmativl;~ action to ensure that applicants are employed, and that employees
are treatecl during employment, without regard to their race, age, creed, color,
sex, or nat ional origin. Such action may include, but need not be limited to, the
following. employment upgrading, demotion, or transfer; recruitment or
recruitmer.t advertising; lay-off or termination; rates of payor other forms of
compensatkm; and selection for training, including apprenticeships. The
CONTRAI:=rOR must insert language similar to this Section in any of the
CONTRACTOR's subcontracts, if any, funded through this CONTRACT
except fOJ' subcontracts for standard commercial supplies and raw materials.
Contract
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Section 9. III carrying out the monitoring program: the CONTRACTOR must
comply wiith the requirements of the Americans With Disabilities Act and
federal re~~;U1lations issued under that Act.
Section 10. The CONfRACTOR warrants that it has not employed. retained, or
otherwise had act on its behalf any former County officer or employee subject
to the pr(lbibition of Section 2 of Ordinance No. 010-1990 or any County
officer or I~mployee in violation of Section 3 of Ordinance No. 020-1990. For
breach or violation of this provision, the County, in its discretion, may
terminate this CONTRACT without liability and may also, in its discretion~
deduct frc:-m the CONlRACT or purchase price~ or otherwise recover the full
amount of' ,my fee, commission, percentage gift~ or consideration paid to the
fonner County officer or employee.
Section 11. /~ person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract t(1 provide any goods or services to a public entity, may not submit a
bid on a C:Dntract with a public entity for the construction or repair of a public
building ';)11" public work, may not perform work as a contractor~ supplier,
subcontra:~tor, or CONTRACTOR under contract with any public entity, and
may not lr:msact business with any public entity in excess of the threshold
amount p::'Covided in Section 287.017 of the Florida Statutes, for the Category
Contracl
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two for a ].:iJc:riod of 36 months from the date of being placed on the convicted
vendor list,
Section 12. Tbe CONTRACTOR agrees to maintain adequate msurance or
equivalent as provided in ExhibitC.
Section 13. i\l. communication between the parties should be through the
following individuals or their designees:
Monroe Coun"y
.:,,;1.
George Garre'lt, Director
Department of :1 Vlarine Resources
2798 Overseas Highway,
Suite 420
Marathon, FL 33050
REEF Environmental Education Foundation
Laddie Aikens
REEF
98300 Overseas Highway
Key Largo, Florida 33037
Section 14. This CONTRACT is governed by the laws of the State of Florida.
Venue for litigation arising under this contract must be in a court of competent
jurisdictio:1l1ocated in Monroe County, Florida.
Section 15. The effective date of this CONTRACT is nunc pro tunc, January 1,
2002. The' termination date of the CONTRACT will be December 31, 2007
THE REMAII:~DER OF THE PAGE LEFT INTENTIONALLY BLANK
COntrllCt
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Appendix A
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PAGE 01
EXHmIT A
Spiegel Grove
Monitoring Project
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Spiegel Grove
Monitoring Project
--
Summary
Monroe County has arranged with the Reef Environmental Education Foundation
(REEF) to C(:i nduct pre-deployment and periodic monitoring of the Spiegel Grove
and adjacent natural and artificial reef sites. Monitoring will document fish
presence/abser.ce and relative abundance at eight (8) sites during six (6)
monitoring eVI~nts in year one and then annually thereafter for four additional
years. Summa.ry reports will be provided following year one data analysis and at
the end of ye'rlJl' five. This document outlines the monitoring project to be carried
out by REEF.
Backeround
The Spiegel Crrove is a 510' LSD which has been placed as an artificial reef
structure in the waters of the Florida Keys National Marine Sanctuary. When
submerged, tl)(: vessel became the largest ship ever intentionally scuttled to create
an artificial n:(:f. The site is located at position 2504.000' / 80 18,650' and lies
offshore of tlu.: main reef tract between Molasses Reef and Elbow Reef in Key
Largo. Pursuant to the approval of the Florida Keys National Marine Sanctuary, a
plan for pre-dle':>loyment and periodic monitoring must be in place.
The Reef Envi~onmental Education Foundation (REEF), is a 501 c (3) non-profit
organization .:'ocusing on the collection of fish diversity and abundance data by
utilizing volu::1teer divers trained in visual identification of local species. REEF's
programs are in place throughout the Tropical Western Atlantic, Coastal North
America, the: Gulf of California, and Hawaiian waters. REEF's database
containing O1i,'~:r 40,000 individual fish surveys is the largest database of fish
sightings in HH,: world. REEF maintains numerous contracts with State of Florida,
National Park ::;ervice, National Marine Sanctuary and Coastal Zone Management
agencies to monitor fish populations in Sanctuaries, Parks, artificial reefs and
other sites of interest to management and scientific concerns. Data collected
during these c:mtracts are entered into REEF's on-line database and summary
reports are m:.ule available to the general public as well as researchers, scientists
and managers.
Purpose
It is anticipated that with the sinking of the Spiegel Grove, a change in fish
community stnlcture on the sinking site will take place. This monitoring project
Appendix E
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will document the changes in fish presence/absence'-and abundance over time at
the site. In a.ddition, seven (7) nearby reef sites will be sampled to determine any
corresponding changes to fish populations on those sites. Additional studies being
undertaken t(> document user patterns can be combined with this data to help show
what effect, F any, the newly placed structure may have on fish community
structure.
Methods
Roving Diver Technique (ROT). The ROT is a non-point visual survey method
specifically 111~signed to generate a comprehensive species list along with
frequency and abundance estimates. During ROT surveys, divers swim freely
throughout a dive site and record every observed fish species. At the conclusion
of each survc'y, divers assign each recorded species one of four 1080 abundance
categories [~,ingle (I); few (2-10), many (11-100), and abundant (>100)].
Following the dive, each surveyor records the species data along with surveytime,
depth, tempe:'sture, and other environmental infonnation on a REEF scansheet.
The scansheetH are returned to REEF, and the data are loaded into the REEF
database that i~ publicly accessible on the Internet athttp://www.reeLorc..
Once entered hto the REEF database, data are displayed by geographic location,
including a complete species list, Sighting Frequency of each species and Density
index of abund mce for each species.
(%SF = numb:e~ of surveys reporting species / total number of surveys at that site
Density score: :=: ((nsxl)+(nFx2)+(nMx3)+(OAX4)] / (ns + nF + OM + nA). where n is
the number of times each abundance category was assigned)
Data summary reports can also be generated for side by side site comparison and
summary by Sl:),~cies.
Sampling sch:;;!t1e
The survey te:un will be made up of REEF Advanced Assessment T earn members
who have all achieved a level 4 or 5 experience level and have considerable
experience an;! expertise in surveying local fish populations. Eight sites (see table
1) representing the Spiegel Grove sinking site, six (6) adjacent natural reefs and
one (1) artifIcial reef will be surveyed prior to deployment. Following
deployment~ t.lle Spiegel Grove artificial reef and the remaining seven (7) sites will
be surveyed lllonthly for the first three months, quarterly for the following three
Appendix E
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quarters and YE::arly thereafter. This scheme represents. a total of six (~ monitoring
sessions in yc::ar 1 and one (1) monitoring session in years two (2) through five (5).
Table 1. Mon:toring sites
Benwood Ledge (60-100')
Dixie Shoals Slallows (20')
Rocks next to Spiegel Grove site (125')
Red Can Ledp:e' (60M 1 00')
Benwood (30')
Dixie Shoals LI~dge (60-100')
Spiegel Grove 1;ite (130')
Red Can shallows (25')
2S 03 .155/80 19.970
25 04.145' / 80 19.315'
25 04.180' / 80 18.730'
25 04.308' / 80 18.909'
25 03.160 / 8020.020
2504.213' / 80 18.971'
25 04.000' I 80 18.650'
2504.610' / 80 18.935'
Site descripti(m~
The 8 sites to be surveyed represent a broad range of nearby natural and artificial
structure. The:~peigel Grove site is represented by barren, level sand bottom with
a depth of approximately 130'. The closest structure to this site is a small patch of
rocky substra1,,;~ located approximately 2/1 Oths of a mile from the proposed sinking
location in a e,:',C:: pth of approximately 125'. The nearest substantial reef structures
are the naturaJ reef edges at Dixie Shoals and the Red Can buoy approximately
411 Oths of a mile shoreward of the sinking site. These reefs aresloping drop-offs
represented b::' low profile hardbottom with sparse coverings of small corals and
sponges. ApF: rll)ximately 7/10ths of a mile inshore from the sinking site, lie Dixie
Shoals Shallo~:s and the Red Can Shallows, 2 hardbottom areas of moderate
rugosity repre::;Emted by low profile structure and moderate coral cover. These sites
represent the nearest shallow water coral reef communities to the sinking site.
More than 1 l1i'lile to the south lies another steeply sloping drop-off and the wreck
of the Norweglun freighter Benwood. This site represents the closes artificial reef
and harbors a large diversity and abundance of fish. Additional historical baseline
data collected as part of the REEF program (more than 2,150 surveys) are
available for the surrounding high profile reefs including Molasses, French,
Elbow, Key Lnrgo Dry Rocks and Grecian Rocks.
Appendix E
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Reportin--i
Following Y:~Hr 1 of monitoring, a summary report will be produced outlining
temporal ch~mges in species composition and populations on the Spiegel Grove
site. In addilion, analysis of the 7 reference sites will be conducted to document
any change il composition or abundance at those locations. Summary data reports
will be gener~lted from the REEF database as well as site similarity comparisons.
Similar annuul reports will be provided for each succeeding year of the
CONTRACT. A final report will be provided in year five which analyzes changes
at the Spieg,~l Grove site over the five year period and provides comparison
information:>(~tween the Spiegel Grove monitoring site and the other seven (7)
identified abfwe.
Appendix E
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-
Time T'J
Year 1
Month 1
Month 2
Month 3
2n uarter
3 r uarter
4 t arter
Year 2
Year 3
Year 4
Year 5
Contract T otd
Appendix E
04/04/03 9;30 AM
Spiegel Grove
Monitoring Budget
'allle . Approximate Date Amount
.-
July 2002 $3,500
August 2002 $3,500
September 2002 $3,500
December 2002 $3,500
March 2003 $3,500
June 2003 $3,500
July 2004 $3,500
July 2005 $3,500
Julv 2006 $3,500
July 2007 $3,500
$35,000
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~
.... ...,.
Monroe County Planning Department
2798 Overseas Highway, suite 410
Marathon, FI 33050-2227
IPhone (305) 289-2500 Fax (305) 289-2536
To:
L~)C::8tion:
Fax #:
From:
# of pages including c:over:
Relil'larks: !2.a.--
PAGE 01
REEf ()~Oj~
~
C~)
=
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..
1996 Editioa
GENERAL LIABILITV
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
REEF
Prior to the comm(~ncement of work governed by this contract; the Contractor shall obtain
General Liability Insurance. Coverage shall be maintained throughout the life ofthe contract and
include; as a minimum;
. Premi'Si:s Operations
. Prodl.lc:ts and Completed Operations
. BJanle t Contractual Liability
. Persclnal Injury Liability
. Expa:ru:led Definition of Property Damage
The minimum limits acceptable shall be:
$300,00C1 Combined Single Limit (CSL)
Ifsplit limits an:: I:rovided. the minimwn limits acceptable shall be:
$100,00(1 per Person
$300,00:) per Occurrence
$ 50,00<) Property Damage
An Occurrence j;~orm policy is preferred. If coverage is provided on a Claims Made policy, its
provisions should include coverage for claims filed on or after the effective date of this contract.
In addition, the pl~riod for which claims may be reponed should extend for a minimum of twelve
(12) months folio wing the acceptance of work by the County.
The Monroe CC1unty Board of County Commissioners shall be named as Additional Insured on all
policies issued 1;1) satisfY the above requirements.
GLl
Administt8lion we :UI ;lion
#4709.5
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1996 Edition
VEmCLE LIABaITY - -'.
INSURANCE REQUlREMENfS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
REEF
Recognizing thaI: 'l:he work governed by this contract requires tbe use ofvebicles, the Contractor,
prior to the com::ti,encement of work, shall obtain Vellicle Liability Insurance. Coverage shall be
maintained thron~hout the life of the contract and include, as a minimum, liability coverage for:
. Owrl,:;:(l. Non-Owned, and Hired Vehicles
The minimum limits acceptable shall be:
$100,001) Combined Single Limit (CSt)
If split limits are provided, the minimum limits acceptable shall be:
$ SO,O(D per Person
$100,O(}) per Occurrence
$ 25,OCIO Property Damage
The Monroe Cc::vnty Board of County Commissioners shall be named as Additional Insured on all
policies issued 11:0 satisfY the above requirements.
VLl
AdminilllTBtion InSI,n.lction
#4709.'
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1996 Edition
woRKERS' COMPENSATION
INSURANCE REQUIREMENTS
FOR
CONTRACT
BETWEEN
MONROE COUNTY, FLORIDA
AND
R.EEF
Recognizing tballhe work governed by this contract involves Maritime Operations,-the Contractor's
Workers' Comp:ll,sation Insurance Policy shall include coverage for claims subject to the Federal Jones
Act (46 U.S.CJI- subsection 688) with limits not less than those specified for Employer's Liability.
The Contractor :;liall be permitted to provide Jones Act Coverage through a separate Protection and
Indemnity Polic)', in so far as the coverage provided is no less restrictive than would have been provided
by a Workers' C:>::npensation policy.
WCJA
Aoministnl.tion lnstn"etion
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t 996 Edition
WATER CRAFT LIABILITY _-
INSURANCE REQUIREMENTS
FOR
coNTRACT
BETWEEN
MONROECOmoY,~OmIDA
AND
REEF
Prior to the commencement of work governed by this contract, the Contractor shall obtain
Water Craft Liabi\ily Insurance with terms no less restrictive than those found in the
standard "Amerit:1111 Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be
maintained throUl!;:ll out the life of the contract and include, as a minimum:
. InjUl)' (:lI1Cluding death) to any Person
. Damsl~~l~ to Fixed or Movable Objects
. Costs },.ssociated with the Removal of Wrecked Vessels
. Conu;u:tua1 Liability with Respect to this Contract
If the policy obtad~ed states that coverage applies for the" Acts or Omissions of a Vessel",
it shall be endol'S,I~cl to provide coverage for the legal liability of the shipowner.
The minimum llir1i1.s acceptable shall be:
$500,00(:0 Combined Single Limit (CSL)
Coverage provicl,elli by a Protection and Indenmity Club (P&I) shall be subject to the
approval of the (~()unty.
The Momoe COImty Board of County CoJIUnigsioners shall be named as Additional .
Insured on all p<,licies issued to satisfy the above requirements.
WLl
Administration Instmr lion
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1996 Edition
MONROE COUNTY. FLORID"-
RISK MANAGEMENT .-
POLICY AND PROCEDURES
CONTRACT ADMINJSTRA nON
MANUAL
Indemnification aDd Hold Harmless
for
Other Contraeton and Subcontraeton
The ContraCtor c:tJ"'/eoants and agrees to indemnify and hold harmless Momoe County Board of
County Commis!~\cners from any and all claims for bodily injury (including death). personal injury,
and property d.8D~ge (including property owned by Monroe County) and any other losses.
damages. and ex:penses (including attorneYs fees) which arise out o~ in connection with, or by
reason ofservice:i~rovided by the Contractor or any of its Subcontractor(s) in any tier,
occasioned by thi~ aegligence, errors, or other wrongful act or omission of The Contractor or its
Subcontractors i::1 ,wy tier. their employees, or agents.
In the event the (;mnplction of the project (to include the work of others) is delayed or suspended
as a result of the Contractor's failure to purchase or maintain the required insurance, the
Contractor shalliI:demnify the County from any and all increased expenses resulting from such
delay.
The first ten dolla:~s ($10.00) of remuneration paid to the Contractor is for the indemnification
provided for alxwe.
The extent ofwl.blity is in no way limited to, reduced, or lessened by the insurance requirements
contained elsewllf:re within this agreement.
TCS
Adminis,rahon Ins11'1.1Ction
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BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 16 Aori'U003
Division:
Growth Management
Bulk Item: Yes....A...- No
Department:
Marine Resources
..-
AGENDA ITEM WORIUNG:
Approval of Contract be'\1'een Monroe County and REEF to provide monitoring of the Artificial Reef, Spiegel
Grove.
..-.
ITEM BACKGROUN111:
A permit was required by NOAA to enter the waters of the Florida Keys National Marine Sanctuary with the
ship, V.S.S. Spiegel Grove destined to become an artificial reef off Key Largo. One condition of the permit
required monitoring of t:ll:~ permitted artificial reef site and several adjacent sites. REEF provided a scope of
work for the project ane [t was included in the NOAA pennit. However, a contract for the project was not
fonnally required of REJF. m order to provide an appropriate audit mechanism, staff is providing the attached
contract for monitoring :It firting early 2002 through the remainder of this fiscal year and armuaIly for the next
four years. Funds for tlu project will be provided through the Boating Improvement Fund, at a total cost of
approximately $40,000.
.-
PREVIOUS RELEVANT DOCC ACTION:
Approval of the Spiegel (::, rove artificial reef project.
.-
CONTRACT/AGREEYr1IENT CHANGES:
NA
STAFF RECOMMENIJ~TIONS:
Approval
TOTAL COST: --i:H'.OOO
BUDGETED: Yes
x
No
COST TO COUNTY:
$40.000
SOURCE OF FUNDS:
Fund 157. BIF
REVENUE PROIlIVCING: Yes
No -L AMOUNT Per Month
Year
DOCUMENTATION:
Included -X.... To Follow --........- Not Required
AGENDA ITEM NO.: M
Risk Management
APPROVED BY: Comty Atty .....x-.
DIVISION DIRECTOR' APPROVAL:
DISPOSITION:
BC030420
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Mf)NROE coUNTY BOARD OF COUNTY COMMISSIONERS
11""1
CONTRACT sUMMARY
Contract with: HEEF Contract #
Effective Date: January 1.2002
Expiration Date: December 31, 2007
Contract Purpose"nescription:
Contract to mc:nitor the U .S.S. Spiegel Grove. an artificial reef off Key Lar~o
Contract Manag~::r: George Garrett
(Name)
2507
(Ext.)
Marine Resources / 11
(Department/Stop #)
for BOCC meeti;,~; on
4/16/03
Allenda Deadline: 4/3/03
CONTRACT COSTS
Total Dollar Value of Contract: $ 40.000
Budgeted? Y es~':J No 0 Account Codes:
Grant: $ ~__
County Match: S' 40,000
Current Year Portion: $ 24,000
157-62607-_-_.
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-----
- - -
- ........--- -- -
- - - -
-- - ............... -
Estimated Ongo.ng Costs: $NNyr
Not included in dO;[lIlr value above
11'_1
ADDITIONAL COSTS
For: NA
e . maintenance, utilities . anitorial salaries, etc.
CONTRACT REVIEW
Changes
t,f~at~ Iy . Needed ~.
Division DirectN ~ '1'11'3 YesD NOLI \
Risk Manageme'll1 ~7/~3 Yes[B'NoO r
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O.M.B./Purchasing Yes@NoD-<<=fL:_<__.(A
//
Date Out
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.
CONTRACT FOR MONITORING
U,:~,~. SPIEGEL GROVE. KEY LARGO. FLORIDA
THIS CONTIRACT is entered into by MONROE COUNTY, a political
subdivision of the State of Florida, whose address is the Marathon Government
Center, 2798 O"/erseas Highway, Marathon, Florida 33050, hereafter the County,
and Reef Environmental Education Foundation, 98300 Overseas Highway, Key
Largo, Florida ~I 3037 USA, hereafter CONTRACTOR.
Section 1. TI1'~ CONTRACTOR and the' County, for the consideration named
agree as fo Il,)ws:
1. The C()NTRACTOR agrees to monitor the artificial reef known as the
V.S.S. :;;piegel Grove in accordance with the Scope of Work provided in
Exhibit A.
2. Followimg year 1 of monitoring, a summary report will be produced
outlinirg temporal changes in species composition and populations on the
Spiegel Grove site. In ad~ition, an analysis of the seven (7) reference sites
will be conducted to document any change in composition or abundance at
those lil.ll:ations. Summary data reports will be generated from the REEF
databas1e as well as site similarity comparisons. At the end of five (5) years
a com:>]ete assessment of changes at the Spiegel Grove site and a
comparil;;on of adjacent monitoring sites will also be provided.
ArtReefsSpiell"IREEfCm tracl0304
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Section 2. Tl'.e: CONTRACTOR may invoice the County the amount of $4,000
for each m(:IIlitoring event in accordance with Exhibit B. The total amount of
the CONTI::'.ACT will not exceed $40,000. Attached to each invoice will be a
short report documenting each monitoring event, documenting the date or dates
of the everll:, personnel used, number of boats involved, etc. Cumulative
reports may be provided for invoices involving multiple events. Upon receipt
of an invoil;e, the County will process the invoice within thirty days for
payment.
Section 3. The County and CONTRACTOR acknowledge that funds have been
appropriate:(.. for fiscal year 2002 - 2003, ending September 30, 2003. If the
County dOi~H not appropriate funds for this CONTRACT in future fiscal years
(2004 through 2007), the CONTRACT becomes null and void upon final
adoption CI f the County budget for that fiscal year. The CONTRACTOR will
be notifiec: 11hat funds have not been appropriated for the CONTRACT prior to
any additirlllal monitoring events and before the CONTRACTOR has incurred
any expem,~: s in that fiscal year.
Section 4. Iither party may terminate this CONTRACT because of the failure of
the other party to perform its obligations under the CONTRACT. If the County
terminates this CONTRACT because of the CONTRACTOR~s failure to
perfonn~ tlwn the County must pay the CONTRACTOR the amount due for all
Contract
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work satisfa(:torily com.pleted as determined by the -County up to the date of the
CONTRAC~TOR's failure to perfonn but minus any damages the County
suffered as, H result of the CONTRACTOR's failure to perform. The damage
amount mllst be reduced by the amount saved by the County as a result of the
CONTRACT termination. If the amount owed the CONTRACTOR by the
County is 110t enough to compensate the County, then the CONTRACTOR is
liable for any additional amount necessary to adequately compensate the
County up to the amount of the CONTRACT price.
Section 5. The CONTRACTOR acknowledges and agrees that public use of any
or all repcrts or other printed materials, videos, audio recordings, films and
photograp'w produced as part of this Project may not be restricted under the
copyright I aws of the United States of America.
Section 6. l(ncords of the CONTRACTOR's direct personnel payroll and other
costs and (~xpenses pertaining to the Project and records of the accounts
between th~ County and the CONTRACTOR must be kept on a generally
recognized accounting basis and must be available to the County. The records
also mustb~ in form sufficient to permit a grant specific audit to be performed
in accord:::lIlce with the rules of the Auditor General. The CONTRACTOR
must keep the records for five years following the completion of the Project.
Contract
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Section 7. l1"lt: CONTRACTOR acknowledges that all records, data, and
documents ";:I~eated as part of the Project are public records under Chapter 119,
Florida Sta:utes. As a result, they must be made available at a reasonable place
and time upl)n the request of a member of the public. Failure to do so is a
breach of 1I.his CONTRACT entitling the County to treat the CONTRACT as
terminated em the date of the violation of Chapter 119, Florida Statutes, with
the County'; obligation to pay extending only to work completed as of that
date plus alrounts previously retained, if any.
Section 8. Irl the course of carrying out the monitoring program, the
CONTRA(~TOR may not discriminate against any employee because of race,
age, creed, color, sex or national origin. The CONTRACTOR will take
affirmative' action to ensure that applicants are employed, and that employees
are treated! during employment, without regard to their race, age, creed, color,
sex, or naticnal origin. Such action may include, but need not be limited to, the
following: employment upgrading, demotion, or transfer; recruitment or
recruitmeIit advertising; lay-off or termination; rates of payor other forms of
compensmion; and selection for training, including apprenticeships. The
CONTRAC:TOR must insert language similar to this Section in any of the
CONTRA(~'TOR's subcontracts, if any, funded through this CONTRACT
except for sLlbcontracts for standard commercial supplies and raw materials.
Contract
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Section 9. In l:arrying out the monitoring progr~' the CONTRACTOR must
comply with the requirements of the Americans With Disabilities Act and
federal reg\Lhtions issued under that Act.
Section 10. T:H~ CONTRACTOR warrants that it has not employed, retained, or
otherwise h.sld act on its behalf any former County officer or employee subject
to the prolhi6ition of Section 2 of Ordinance No. 010-1990 or any County
officer or t.:mployee in violation of Section 3 of Ordinance No. 020-1990. For
breach or violation of this provision, the County, in its discretion, may
terminatelhis CONTRACT without liability and may also, in its discretion,
deduct frOTI the CONTRACT or purchase price, or otherwise recover the full
amount of any fee, commission, percentage gift, or consideration paid to the
former Co.ll1ty officer or employee.
Section 11. il... person or affiliate who has been placed on the convicted vendor list
following a conviction for public entity crime may not submit a bid on a
contract t(J~rovide any goods or services to a public entity, may not submit a
bid on a contract with a public entity for the construction or repair of a public
building flI public work, may not perform work as a contractor, supplier,
subcontrar:tDT, or CONTRACTOR under contract with any public entity, and
may not transact business with any public entity in excess of the threshold
amount provided in Section 287.017 of the Florida Statutes, for the Category
Contract
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two for a p(:t'iod of 36 months from the date of being placed on the convicted
vendor list.
Section 12. 11he CONTRACTOR agrees to maintain adequate insurance or
equivalent ;ae provided in Exhibit C.
Section 13. Allconununication between the- parties should be through the
following individuals or their designees:
Monroe Coun!:~
George Garret:, Director
Department of J'..1arine Resources
2798 Oversea:':. Highway,
Suite 420
Marathon, FL 33050
Reef Environmental Education Foundation
Laddie Akins
REEF
98300 Overseas Highway
Key Largo, Florida 33037
Section 14. This CONTRACT is governed by the laws of the State of Florida.
Venue for Ii tigation arising under this contract must be in a court of competent
jurisdictiol'llocated in Monroe County, Florida.
Section 15. The effective date of this CONTRACT is nunc pro tunc, January 1,
2002. The' termination date of the CONTRACT will be December 31,2007
THE REMAr;;jDER OF THE PAGE LEFT INTENTIONALL Y BLANK
COl1tract
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Section I. IN WITNESS WHEREOF each party hereto has caused this
Agreement to be executed by its duly authorized representative.
(SEAL)
Attest: DANNY ]I.,. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
.._,
Deput)' (:lerk
By
By
Mayor/Chairman
(SEAL)
Attest:
ORG~~TION Reef Environmental Educatiol
ORGANIZATION Foundation
ORGANIZATION
By
Title
By
Title
APPROVED AS TO FORM AND
LEGAL SUFFIcmNCY
APPi C;VED AS TO FORM
~"I.'~~.A' SUcF.....
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I!.~
A'IsSfuI:i C7~l.%Ot<
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COtltr3ct
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Ap))el\dix A
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EXHIBIT A
Spiegel Grove
Monitoring Project
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Spiegel Gro'\'e
Monitoring Project
Summary
Monroe County has arranged with the Reef Eo'\'iromnental Education Foundation
(REEF) to COJ\duct pre-deployment and periodic monitoring of the Spiegel Grove
and adjacent natural and artificial reef sites. Monitoring will document fish
presence/abse:tu:e and relative abundance at eight (8) sites during six (6)
monitoring eve:nts in year one and then annually thereafter for four additional
years. Summ::uy reports will be provided following year one data analysis and at
the end of ye~lr five. This document outlines the monitoring project to be carried
out by REEF.
Backeround
The Spiegel <Jrove is a 510' LSD which has been placed as an artificial reef
structure in till:: waters of the Florida Keys National Marine Sanctuary. When
submerged, tbe vessel became the largest ship ever intentionally scuttled to create
an artificial f(;(f. The site is located at position 25 04.000' / 80 18.650' and lies
offshore of the main reef tract between Molasses Reef and Elbow Reef in Key
Largo. Pursu:lJlt to the approval of the Florida Keys National Marine Sanctuary~ a
plan for pre-dl~ployment and periodic monitoring must be in place.
The Reef En,'ironmental Education Foundation (REEF), is a 501 c (3) non-profit
organization fc,cusing on the collection of fish diversity and abundance data by
utilizing volunteer divers trained in visual identification of local species. REEF's
programs are in place throughout the Tropical Western Atlantic, Coastal North
America, the' Gulf of California, and Hawaiian waters. REEF's database
containing o','u 54~OOO individual fish surveys is the largest database of fish
sightings in thf world. REEF maintains numerous contracts with State of Florida,
National Park ~;ervice, National Marine Sanctuary and Coastal Zone Management
agencies to ln~)nitor fish populations in Sanctuaries~ Parks, artificial reefs and
other sites 0" interest to management and scientific concerns. Data collected
during these contracts are entered into REEF's on-line database and summary
reports are made available to the general public as well as researchers, scientists
and managers,
Pur:pose
It is anticipar:f d that with the sinking of the Spiegel Grove, a change in fish
community structure on the sinking site will take place. This monitoring project
App~dix E
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will documenl the changes in fish presence/absence and abundance over time at
the site. In addition, seven (7) nearby reef sites will be sampled to detennine any
corresponding ehanges to fish populations on those sites. Additional studies being
undertaken to document user pa.tterns can be combined with this data to help show
what effect, :'J any, the newly placed structure may have on fish community
structure.
Methods
Roving Dive!' Technique (RDT). The RDT is a non.point visual survey method
specifically (:.{: signed to generate a comprehensive species list along with
frequency and abundance estimates. During RDT surveys, divers swim freely
throughout a ILve site and record every observed fish species. At the conclusion
of each survey, divers assign each recorded species one of four loglo abundance
categories [si~.ngle (1); few (2-10), many (11-100), and abundant (>100)].
Following the: dive, each surveyor records the species data along with survey time,
depth, tempera.tu.re, and other environmental information on a REEF scansheet.
The scanshec::t!: are returned to REEF, and the data are loaded into the REEF
database that LS publicly accessible on the Internet at http://www.reef.arg.
Once entered into the REEF database, data are displayed by geographic location,
including a c(Implete species list, Sighting Frequency of each species and Density
index of abUl11 dance for each species.
(%SF = number of surveys reporting species / total number of surveys at that site
Density scon: :;;; [(nsxl)+(nFx2)+(nMx3)+(nAx4)) / (ns + nF + nM + nA), where n is
the number o.'times each abundance category was assigned)
Data summary reports can also be generated for side by side site comparison and
summary by ~ipecies.
Sampling sch~~me
The survey tc':am will be made up of REEF Advanced Assessment Team members
who have all achieved a level 4 ar 5 experience level and have considerable
experience arid expertise in surveying local fish populations. Eight sites (see table
1) representitl~; the Spiegel Grove sinking site, six (6) adjacent natural reefs and
one (1) artit: cia} reef will be surveyed prior to deployment at no cost to the
County. FClrowing deployment, the Spiegel Grove artificial reef and the
remaining se"{"~n (7) sites will be surveyed monthly for the first three months,
quarterly for the following three quarters and yearly thereafter. This scheme
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-
represents a tot:d of six (6) monitoring sessions in year I and one (1) monitoring
session in yeal's two (2) through five (5).
Table 1. Monitoring sites
Benwood Led~,~ (60-100')
Dixie Shoals Shallows (20')
Rocks next to Spiegel Grove site (125')
Red Can Ledge: (60-100')
Benwood (30'1)
Dixie Shoals L..I,~dge (60-100')
Spiegel Grove :;ite (130')
Red Can shalll nws (25')
2503 .155/80 19.970
2504.145' / 80 19.315'
25 04.180' /80 18.730'
25 04.308' / 80 18.9091
2503.160 / 8020.020
2504.213' / 80 18.971'
25 04.000' / 80 18.650'
25 04.610' / 80 18.935'
Site descri1)tiQ!~
The 8 sites to he surveyed represent a broad range of nearby natural and artificial
structure. Th:~ Spiegel Grove site is represented by barren, level sand bottom with
a depth of approximately 130'. The closest structure to this site is a small patch of
rocky substraie located approximately 2/10ths of a mile from the proposed sinking
location in a dl;~pth of approximately 125'. The nearest substantial reef structures
are the naturnl reef edges at Dixie Shoals and the Red Can buoy approximately
4/1 Oths of a mHe shoreward of the sinking site. These reefs are sloping drop-offs
represented by low profile hardbottom with sparse coverings of small corals and
sponges. Ap]l'lJOximately 7/10ths of a mile inshore from the sinking site, lie Dixie
Shoals Shalhnvs and the Red Can Shallows, 2 hardbottom areas of moderate
rugosity repn:s~nted by low profile structure and moderate coral cover. These sites
represent the nearest shallow water coral reef communities to the sinking site.
More than 1 roile to the south lies another steeply sloping drop-off and the wreck
of the 'Norwegian freighter Benwood. This site represents the closest artificial reef
and harbors a large diversity and abundance of fish. Additional historical baseline
data collecte,J as part of the REEF program (more than 2,150 surveys) are
available for:he surrounding high profile reefs including Molasses, French,
Elbow, Key Largo Dry Rocks and Grecian Rocks.
Al'l'endix E
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Reporting
Following year 1 of monitoring, a summary report will be produced outlining
temporal changes in species composition and populations on the Spiegel Grove
site. In additilJI'l, analysis of the 7 reference sites will be conducted to document
any change in (:omposition or abundance at those locations. Summary data reports
will be generaie:d from the REEF database as well as site similarity comparisons.
Similar annual reports will be provided for each succeeding year of the
CONTRACT. A final report will be provided in year five which analyzes changes
at the Spiegel Grove site over the five year period and provides comparison
information between the Spiegel Grove monitoring site and the other seven (7)
identified above:.
Appendix E
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