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03/15/2000 AGREEMENT Agreement made as ofthe/5t:1.daY of March, 2000, between the BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, hereinafter "Board" and Mr. WILLIAM FITCH, hereafter Contracted Fishennan.. WHEREAS, Monroe County, as grantee, has received $19,924 in funds from the Spiny Lobster Sentinel Fisheries Program, to conduct lobster trap sampling in the Lower Florida Keys, and WHEREAS, the Contracted Fishennan 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 minimum of four days, but not to exceed five days at a rate of$900.00 per day for vessel, gear, and crew, plus an additional $100 per day for each research assistant provided, up to a maximum of2 assistants per day, and to provide the vessel for two days to remove derelict traps at a rate of$500.00 per day, totaling no more than $5,800.00, now therefore, IN CONSIDERATION of such a provision, the Contracted Fishennan and the Board agree as follows: 1. The attached Contract Specifications (Attachment A), which describe the obligation and duties of Mr. Fitch under this contract, are included herein as a part of this contract. 2, For each day of at-sea lobster trap removal and sampling, in accordance with Section 6 of the attached Specifications, the Board agrees to pay the Contracted Fishennan a maximum sum of $5,800.00, to be billed on a day-to-day basis. 3. The effective date of this contract will be the period of April 1, 2000 through June 30,2000. BOARD OF COUNTY COMMISSIONERS ::~-F~ Clerk WILLIAM FITCH 1J~, ~Ll Witness A.PPRO AN VEO AS , TO FORM By Y R D4, TE 5 0 Z ::t> ;:0.-2 o~z rrt:x -( ("'), " CU'" . ~?O8 -fnr :<. .:r "'t ::> r- C"' f~ IT! C) C) :x :tla =0 I\i) .:::- -0 ::r: W .. ." r- f71 o -r., o ::::0 ::::0 ", (") o :::0 o 0- U) 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 1-2 research assistants for up to 5 trap days of sampling and 2 days of derelict trap removal. 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 minimum of 6 days, and not more than 7 days, at sea during the contract period (April 1 - June 30,2000). This research project requires 2-days of derelict trap removal during April, 2000 and 4 to 5 days of trap sampling during June, 2000. 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. 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. 3. 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, " . , t the Contracted Fisherman and County Extension Director will agree on a starting date sometime near the beginning of April, 2000. If the Contracted Fisherman should be delayed in completing the 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 either resulted in at least 5 hours of derelict trap removal or the completion of sampling at least 30 research traps and the cause of not completing the sampling 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. 6. 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 Marine 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.