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09/20/2000 AGREEMENT Agreement made as of the _20_ day of September, 2000, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter "Board" and Mr. WILLIAM FITCH. WHEREAS, Monroe County, as grantee, has received $17,974 in funds from the Spiny Lobster Sentinel Fisheries Program, to conduct lobster trap sampling in the Lower Florida Keys, and WHEREAS, Mr. William Fitch has been selected and has agreed to provide a lobster vessel (FN Surprise), 90 traps, and crew to conduct the above trap sampling for a maximum of 8 days, at a rate of $1000.00 per day for vessel, gear, and crew, plus an additional $100 per day for each research assistant provided, up to a maximum of 2 assistants per day, or $9,600.00 total, now therefore, IN CONSIDERATION of such a provision, Mr. William Fitch and the Board agree as follows: 1. The attached Contract Specifications (Attachment A) are included herein as a part of this contract. 2. For each day of at-sea lobster trap sampling, in accordance with Section 6 of the attached Specifications, the Board agrees to pay Mr, William Fitch a maximum sum of $9,600.00, to be billed on a day-to-day basis. 3. The effective date of this contract will be the period of October 1,2000 through May 31,2001. D.c.... BOARD OF COUNTY COMMISSIONERS OF t:o: COUNTY ~ ~8<-.e Kf:'t!'d - WILLIAM FITCH 1Jg~ fl;Z{ Witness Witness ~ l~ .^It..no~ 30HNOW .~~ 'HI~ '}410 3cWH10)i 'I MurotO Z& :9, NV e I l:lO 00 OH033H HO.:l 0311.:1 ATTACHMENT A CONTRACT SPECIFICATIONS FOR THE WESTERN SAMBOS SENTINEL TRAP STUDY COMMERCIAL LOBSTER VESSEL CHARTER .1. PROJECT DESCRIPTION This research project is designed to determine the extent of protection afforded to spiny lobster by the Western Sambos Ecological Reserve and if increases in abundance or size of lobster within the reserve contribute to increased lobster sizes and catch rates in the adjacent fishery. This research project is important because it directly involves commercial fishermen and can provide data more closely related to the commercial trap fishery. In addition to the Western Sambos Ecological Reserve, two areas outside the Reserve will also be studied to see if a gradation of effects from the reserve exists with the Middle Sambos site exhibiting higher catch rates and larger lobsters than the Pelican Shoal site due to the closer proximity of the Middle Sambos site to the reserve. All sampling sites are within five miles of the Florida Keys coastline, occur in depths less that 40 feet, and are located inshore of the barrier reef. 2. SCOPE OF WORK This project requires a commercial lobster vessel, with crew and traps, plus two research assistants, to fish both within the Western Sambos Ecological Reserve and areas immediately adjacent petween the Western Sambos and Pelican Shoal reefs from the reef-line to the shoreline for two 4-week trapping periods during the year, once during the closed lobster fishing season (June) and again during the middle of the open fishing season (November). This charter covers the work to be completed during 2001. The University of Florida/Monroe County Cooperative Extension Service has obtained a special research permit from the Florida Department of Environmental Protection and the Florida Keys National Marine Sanctuary to fish lobster traps in the Western Sambos Ecological Reserve and during the summer closed lobster season. This lobster trapping project will involve a maximum of 8 days at sea during the contract period (October 1,2000 - May 31,2001). A total of 5 days at sea are expected for research sampling during October - December and 3 days for derelict trap removal in April and May. After initial deployment of the traps in each of the three areas, they will be pulled three times witl1 a 7-10 day soak period. This schedule will provide a total of 90 trap pulis in each of the three sampling areas within each of the two sampling periods, plus two days to allow for sampling disruptions due to weather or mechanical problems. Three broad areas will be sampled to compare catch rates and lobster sizes. Each of the three areas will be fished with 30 traps from just inshore of the outer reef to the shallow habitats inshore of Hawk Channel. Area 1 will be within the Western Sambos Ecological Reserve, Area 2 will be inshore of the Middle Sambos Reef, and Area 3 will be inshore of the Pelican Shoal Reef. Within each area;.terttraps each will be fished at three different sites-the offshore back reef, offshore patch reef, and inshore shallow patch reef habitats. Each trap is to be baited consistently with fish heads, cowhide, etc. Each trap will be identified with a white buoy that has the word "Research" painted in black. The Research buoy may be attached to the trap vessels existing buoys so that during the open fishing season the traps can be reused for normal commercial operation after the research sampling is completed. Time release pop-ups, purchased by the County, can be used on the traps to reduce vandalism and theft. Each day of sampling will require 90 trap pulls. As each trap is pulled, the lobsters will be placed in a live well by the vessel crew until the researchers can measure the captured lobsters for size, sex, and reproductive condition and tag each lobster with an external tag. The lobsters will be returned to the water as soon as possible after capture within the same habitat of capture. All research sampling activity will be coordinated with the Florida Marine Patrol and the Florida Keys National Marine Sanctuary to minimize confusion; this task will be the responsibility of the University of Florida/Monroe County Cooperative Extension Service, County Extension Director. The Contracted Fisherman must provide a commercial lobster vessel with a sufficient number of traps (either new or in good condition), crew and boat facilities to deploy, fish, and maintain 90 actively fishing lobster traps at the times and places specified in this Scope of Work. In addition, the Contracted Fisherman will provide up to two research assistants per sample trip to conduct data recording and lobster tagging. The pop-ups, rope and buoys needed to construct the research buoy attachment, will be purchased by the County but the labor required for painting the buoys and constructing the rope and buoy attachment will be provided by the Fisherman as part of the charter agreement. ~ COMMENCEMENT AND COMPLETION OF WORK: After receiving notification of selection by the County Extension Director, and after reconciliation of any details or conditions which may directly or indirectly interfere with the job, the Contracted Fisherman and County Extension Director will agree on a starting date sometime near the beginning of October 2000. If the Contracted Fisherman should be delayed in completing,~he tasks by unforeseeable causes beyond his control, the time for the completion of the work may be extended upon agreement of the County Extension Director. 4. TERMINATION OF CHARTER: This charter may be terminated by either party, without cause, giving at least ten (30) days written notice; said notice shall be sufficient if delivered to the other party personally or mailed by certified mail to his mailing address. 5. PAYMENT Payment shall be after each day of a successful trip, as determined by the County Extension Director. A successful trip shall constitute a day of at-sea operations that has completed the pulling and handling of lobsters from at least 30 research traps and the cause of not completing the pulling of all 90 traps is the result of weather,' mechanical breakdown, or some other factor not controllable by the Contractor. A day is defined as the time period from sunrise to sunset. ~ HOLD HARMLESS AGREEMENT: The Contracted Fishermen agrees to indemnify and hold harmless Monroe County Board of County Commissioners, the University of Florida Cooperative Extension Service, and the Florida Keys National MaFin6 Sanctuary 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 attorney's 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. 7 . NONDISCRIMINATION POLICY The University of Florida and Monroe County do not discriminate on the basis of race, color, sex, national origin, religion, age, or disability in its purchase of goods and services. 8. PUBLIC ENTITY CRIME STATEMENT 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 submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a 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, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 9. ETHICS CLAUSE Mister William Fitch warrants that he had not employed, retained or otherwise had act on his 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 or Ordinance No. 020-1990. For breach or violation of this provision the County may, in its discretion, deduct from the 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. ,,~_. ;........