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Item I10 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 19 November 2003 Division: Growth Management Bulk Item: Yes ---K- No Department: Marine Resources AGENDA ITEM WORDING: Approval to rescind the REEF contract approved by the BOCC on May 21, 2003 as Agenda Item M23 and replacing it with the correct version of the contract in the amount of $40,000. ITEM BACKGROUND: At the May BOCC meeting, the Commission approved a contract with Reef Environmental Education Foundation (REEF). Revisions to the contract between the April and May meeting were provided to the Commission and unfortunately both the original and revised contracts were executed and signed leaving confusion about the correct version of the contract. This agenda item corrects the mistake approving the appropriate contract and rescinding the incorrect contract making it null and void. The correct contract is attached to this agenda item in the amount of $40,000, as opposed to $35,000. Otherwise there were no differences in the contract versions. PREVIOUS RELEVANT BOCC ACTION: May 2003 - Approval of REEF Contract CONTRACT/AGREEMENT CHANGES: Approval of correct REEF contract - actual contract value is $40,000 STAFF RECOMMENDATIONS; Approval TOTAL COST: $40.000 BUDGETED: Yes No COST TO COUNTY: $40.000 SOURCE OF FUNDS: RTli' li'TTNn REVENUE PRODUCING: Yes No ---K- AMOUNT Per Month Year DOCUMENTATION: Included ---K- To Follow Risk Management _~ APPROVED BY: County Atty ---K- DIVISION DIRECTOR APPROVAL: of Growth Mana DISPOSITION: AGENDA ITEM NO.: =/-/CJ BC03111O.doc 10/28/033:53 PM CONTRACT FOR MONITORING V.S.S. SPIEGEL GROVE~ KEY LARGO~ FLORIDA THIS 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 Environmental Education Foundation, 98300 Overseas Highway, Key Largo, Florida 33037 USA, hereafter CONTRACTOR. Section 1. The CONTRACTOR and the County, for the consideration named agree as follows: 1. The CONTRACTOR agrees to monitor the artificial reef known as the U.S.S. Spiegel Grove in accordance with the Scope of Work provided in Exhibit A. 2. 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 addition, an analysis of the seven (7) reference sites will be conducted to document any change in composition or abundance at those locations. Summary data reports will be generated from the REEF database as well as site similarity comparisons. At the end of five (5) years a complete assessment of changes at the Spiegel Grove site and a comparison of adjacent monitoring sites will also be provided. ArtReefsSpiegelREEFContract0304 04/04/03 11: 18 AM Section 2. The CONTRACTOR may invoice the County the amount of $4,000 for each monitoring event in accordance with Exhibit B. The total amount of the CONTRACT 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 event, personnel used, number of boats involved, etc. Cumulative reports may be provided for invoices involving multiple events. Upon receipt of an invoice, the County will process the invoice within thirty days for payment. Section 3. The County and CONTRACTOR aclmowledge that funds have been appropriated for fiscal year 2002 - 2003, ending September 30, 2003. If the County does not appropriate funds for this CONTRACT in future fiscal years (2004 through 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 additional monitoring events and before the CONTRACTOR has incurred any expenses in that fiscal year. Section 4. Either 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 perform, then the County must pay the CONTRACTOR the amount due for all Contract 04/04/03 11: 18 AM 2 work satisfactorily completed as determined by the County up to the date of the CONTRACTOR's failure to perform but minus any damages the County suffered as a result of the CONTRACTOR's failure to perform. The damage amount must 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 not 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 reports or other printed materials, videos, audio recordings, films and photographs produced as part of this Project may not be restricted under the copyright laws of the United States of America. Section 6. Records 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 accounting basis and must be available to the County. The records also must be in form sufficient to permit a grant specific audit to be performed in accordance with the rules of the Auditor General. The CONTRACTOR must keep the records for five years following the completion of the Project. Contract 04/04/03 11:18 AM 3 Section 7. The CONTRACTOR aclmowledges that all records, data, and documents created as part of the Project are public records under Chapter 119, Florida Statutes. 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 County's obligation to pay extending only to work completed as of that date plus amounts previously retained, if any. Section 8. In the course of carrying out the monitoring program, the CONTRACTOR 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 national origin. Such action may include, but need not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeships. The CONTRACTOR must insert language similar to this Section in any of the CONTRACTOR's subcontracts, if any, funded through this CONTRACT except for subcontracts for standard commercial supplies and raw materials. Contract 04/04/03 II: 18 AM 4 Section 9. In carrying out the monitoring program, the CONTRACTOR must comply with the requirements of the Americans With Disabilities Act and federal regulations issued under that Act. Section 10. The CONTRACTOR 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. 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 from the CONTRACT or purchase price, or otherwise recover the full amount of any fee, commission, percentage gift, or consideration paid to the former County officer or employee. Section 11. A 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 to provide 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 or public work, may not perform work as a contractor, supplier, subcontractor, 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 04/04/03 II: \8 AM 5 two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. The CONTRACTOR agrees to maintain adequate Insurance or equivalent as provided in Exhibit C. Section 13. All communication between the. parties should be through the following individuals or their designees: Monroe County George Garrett, Director Department of Marine Resources 2798 Overseas 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 litigation arising under this contract must be in a court of competent jurisdiction located 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 REMAINDER OF THE PAGE LEFT INTENTIONALL Y BLANK Contract 04/04/03 11: 18 AM 6 Section I. IN WI1NESS WHEREOF each party hereto has caused this Agreement to be executed by its duly authorized representative. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY~~C LP.vr;J~ ~ Deputy Clerk BY~ In ~W ayor/Chairman (SEAL) Attest: ~~~ ~!~~~t ORGANIZA nON ORGANIZATION ORGANIZA nON Reef Environmental Education Foundation By Title 1/ Contract 04/04/03 9:30 AM 7 EXHIBIT A Spiegel Grove Monitoring Project 04,07/03 10:35 AM Spiegel Grove Monitoring Project Summary Monroe County has arranged with the Reef Environmental Education Foundation (REEF) to conduct pre-deployment and periodic monitoring of the Spiegel Grove and adjacent natural and artificial reef sites. Monitoring will document fish presence/absence and relative abundance at eight (8) sites during six (6) monitoring events in year one and then annually thereafter for four additional years. Summary reports will be provided following year one data analysis and at the end of year five. This document outlines the monitoring project to be carried out by REEF. Backeround The Spiegel Grove 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, the vessel became the largest ship ever intentionally scuttled to create an artificial reef. 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. Pursuant to the approval of the Florida Keys National Marine Sanctuary, a plan for pre-deployment and periodic monitoring must be in place. The Reef Environmental Education Foundation (REEF), is a 501 c (3) non-profit organization focusing 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 over 54,000 individual fish surveys is the largest database of fish sightings in the world. REEF maintains numerous contracts with State of Florida, National Park Service, 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 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. Purpose It is anticipated that with the sinking of the Spiegel Grove, a change in fish community structure on the sinking site will take place. This monitoring project 04/0710310:35 AM will document the changes in fish presence/absence and abundance over time at the site. In addition, seven (7) nearby reef sites will be sampled to determine any corresponding changes to fish populations on those sites. Additional studies being undertaken to document user patterns can be combined with this data to help show what effect, if 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 designed 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 survey, divers assign each recorded species one of four 10glo abundance categories [single (1); few (2-10), many (11-100), and abundant (>100)]. Following the dive, each surveyor records the species data along with survey time, depth, temperature, and other environmental information on a REEF scansheet. The scansheets are returned to REEF, and the data are loaded into the REEF database that is publicly accessible on the Internet at http://www.reef.onz. Once entered into the REEF database, data are displayed by geographic location, including a complete species list, Sighting Frequency of each species and Density index of abundance for each species. (%SF = number of surveys reporting species / total number of surveys at that site Density score = [(nsxl)+(nFx2)+(nMx3)+(nAx4)] / (ns + nF + nM + 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 species. Sampling scheme The survey team will be made up of REEF Advanced Assessment Team members who have all achieved a level 4 or 5 experience level and have considerable experience and 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 at no cost to the County. Following deployment, the Spiegel Grove artificial reef and the remaining seven (7) sites will be surveyed monthly for the first three months, quarterly for the following three quarters and yearly thereafter. This scheme 04/07/03 10:35 AM represents a total of six (6) monitoring sessions in year 1 and one (l) monitoring session in years two (2) through five (5). Table 1. Monitoring sites Benwood Ledge (60-100') Dixie Shoals Shallows (20') Rocks next to Spiegel Grove site (125') Red Can Ledge (60-100') Benwood (30') Dixie Shoals Ledge (60-100') Spiegel Grove site (130') Red Can shallows (25') 2503.155/80 19.970 2504.145' / 80 19.315' 25 04.180' / 80 18.730' 25 04.308' / 80 18.909' 2503.160 / 8020.020 2504.213' / 80 18.971' 25 04.000' / 80 18.650' 25 04.610' / 80 18.935' Site descriptions The 8 sites to be surveyed represent a broad range of nearby natural and artificial structure. The 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 substrate located approximately 2/1 Oths of a mile from the proposed sinking location in a depth of approximately 125'. The nearest substantial reef structures are the natural reef edges at Dixie Shoals and the Red Can buoy approximately 4/ I Oths of a mile shoreward of the sinking site. These reefs are sloping drop-offs represented by low profile hardbottom with sparse coverings of small corals and sponges. Approximately 7/10ths of a mile inshore from the sinking site, lie Dixie Shoals Shallows and the Red Can Shallows, 2 hardbottom areas of moderate rugosity represented 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 mile 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 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 Largo Dry Rocks and Grecian Rocks. 04/07/03 10:35 AM Reporting Following year I of monitoring, a summary report will be produced outlining temporal changes in species composition and populations on the Spiegel Grove site. In addition, analysis of the 7 reference sites will be conducted to document any change in composition or abundance at those locations. Summary data reports will be generated 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. 04/07/03 10:35 AM EXHIBIT B Monitoring Project Budget 04/07/03 10:35 AM Spiegel Grove Monitoring Budget Time Frame Approximate Date Amount Year I Month I July 2002 $4,000 Month 2 August 2002 $4,000 Month 3 SePtember 2002 $4,000 2nd Quarter December 2002 $4,000 3 rd Quarter March 2003 $4,000 4th Quarter June 2003 $4,000 Year 2 July 2004 $4,000 Year 3 July 2005 $4,000 Year 4 July 2006 $4,000 Year 5 July 2007 $4,000 Contract Total $40,000 04/07/03 10:35 AM EXHIBIT C Insurance Requirements 04/07/03 10:35 AM ,. 1996 Edition GENERAL LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND REEF Prior to the commencement of work governed by this contract, the Contractor shall obtain General Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Premises Operations . Products and Completed Operations . Blanket Contractual Liability . Personal Injury Liability . Expanded Definition of Property Damage The minimum limits acceptable shall be: $300,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $100,000 per Person $300,000 per Occurrence $ 50,000 Property Damage An Occurrence Form 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 period for which claims may be reported should extend for a minimum oftwelve (12) months following the acceptance of work by the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. GLl Administration Instruction #4709.5 53 1996 Edition VEmCLE LIABILITY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND REEF Recognizing that the work governed by this contract requires the use of vehicles, the Contractor, prior to the commencement of work, shall obtain Vehicle Liability Insurance. Coverage shall be maintained throughout the life of the contract and include, as a minimum, liability coverage for: . Owned, Non-Owned, and Hired Vehicles The minimum limits acceptable shall be: $100,000 Combined Single Limit (CSL) If split limits are provided, the minimum limits acceptable shall be: $ 50,000 per Person $100,000 per Occurrence $ 25,000 Property Damage The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. VLl Administration Instruction #4709.5 80 1996 Edition WORKERS' COMPENSATION INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND REEF Recognizing that the work governed by this contract involves Maritime Operations, the Contractor's Workers' Compensation Insurance Policy shall include coverage for claims Subject to the Federal Jones Act (46 U.S.C.A subsection 688) with limits not less than those specified for Employer's Liability. The Contractor shall be permitted to provide Jones Act Coverage through a separate Protection and Indemnity Policy, in so far as the coverage provided is no less restrictive than would have been provided by a Workers' Compensation policy. WCJA Administration Instruction #4709.5 91 1996 Edition WATER CRAFT LIABn..1TY INSURANCE REQUIREMENTS FOR CONTRACT BETWEEN MONROE COUNTY, FLORIDA AND REEF Prior to the commencement of work governed by this contract, the Contractor shall obtain Water Craft Liability Insurance with terms no less restrictive than those found in the standard "American Institute Hull Clauses" (June 2, 1977 edition). Coverage shall be maintained throughout the life of the contract and include, as a minimum: . Injury (including death) to any Person . Damage to Fixed or Movable Objects . Costs Associated with the Removal of Wrecked Vessels . Contractual Liability with Respect to this Contract If the policy obtained states that coverage applies for the "Acts or Omissions ofa Vessel", it shall be endorsed to provide coverage for the legal liability of the shipowner. The minimum limits acceptable shall be: $500,000 Combined Single Limit (CSL) Coverage provided by a Protection and Indemnity Club (P&I) shall be subject to the approval of the County. The Monroe County Board of County Commissioners shall be named as Additional Insured on all policies issued to satisfy the above requirements. WLl Administration instrUCtion #4709.5 93 1996 Edition MONROE COUNTY, FLORIDA RISK MANAGEMENT POLICY AND PROCEDURES CONTRACTADMllaSTRATION MANUAL Indemnification and Hold Harmless for Other Contractors and Subcontractors The Contractor covenants and agrees to indemnify and hold harmless Monroe County Board of County Commissioners from any and all claims for bodily injury (including death), personal injury, and property damage (including property owned by Monroe County) and any other losses, damages, and expenses (including attorneys fees) which arise out of: in connection with, or by reason of services provided by the Contractor or any of its Subcontractor( s) in any tier, occasioned by the negligence, errors, or other wrongful act or omission of The Contractor or its Subcontractors in any tier, their employees, or agents. In the event the completion 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 shall indemnify the County from any and all increased expenses resulting from such delay. The first ten dollars ($10.00) of remuneration paid to the Contractor is for the indemnification provided for above. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. TCS Administration Instruction #4709.5 96