11/06/2024 Agreement 1,411� 111w tl w W 111w 11:P'0114 I S PS II i�� S —111 I P.ilw I�/ 'S 1� —'()� a ilw"u' 1114 1I I'All.U.,
ATTACHMENT D.5
COUNTY ADMINISTRATOR
CONTRACT SUMMARY FORM FOR CONTRACTS $100,000.00 and Under
Contract with: Curtis Kruer Contract#
Effective Date: Date of Signing
Expiration Date: 3 months from date of signing
Contract Purpose/Description:
To have Curtis Kruer perform professional consulting services for the organization, curation, digitization, and
delivery of the history and documentation of the Florida Keys Artificial Reef Association to the Monroe County
Artificial Reefs Program in both digital and hard copy formats.
Contract is Original Agreement Contract Amendment/Extension Renewal
Contract Manager: Hanna Koch 786-847-5443 Artificial Reefs/Stop #11
(Name) (Ext.) (Department/Stop #)
CONTRACT COSTS
Total Dollar Value of Contract: $ 11,500 Current Year Portion: $ 11,500
(must be$100,000 or less) (If multiyear agreement then
requires BOCC approval,
unless the;omq o,a:eR hfly ,e
o,ro,d,k c "nN00,00 00 or hess)
Budgeted?Yes 2 No ❑
Grant: $ 11,500 County Match: $ 0
Fund: Grant 23132/Cost Center: 62656/Spend Category: 530310:SC 00036
Fund/Cost Center/Spend Category. —
ADDITIONAL COSTS
Estimated Ongoing Costs: $ /yr For:
(Not included in dollar value above) (e.g. maintenance,utilities,janitorial, salaries,etc.)
Insurance Required: YES ❑ NO ❑
CONTRACT REVIEW
Reviewer`, �i� 10/24/2024
Department Head Dr. Hanna Koch Signature: yy /�
County Attorney Signature: 10/24/24
Risk Management Signature:
. . ' 11/1/2024
Lisa Abreu Digitally signed by Lisa Abreu
Purchasing Signature: Date:2024.11.04 14:09:59-05'00'
John Quinn Digitally signed by John Quinn
OMB Signature: Date.2024.11.46 10:41:30-05'00'
Comments:
Revised BOCC 4/19/2023
i e 'a.sc 4i d P i 2(,P2, 89 1 F" "�
AGREEMENT FOR
Professional Consulting Services
This Agreement ("Agreement") made and entered into this day of NOVember 2024
by and between Monroe County, a political subdivision of the State of Florida,whose address is 1100
Simonton Street, Key West, Florida, 33040, its successors and assigns, hereinafter referred to as
"OWNER" or "COUNTY," through the Monroe County Board of County Commissioners
(`BOCC"),
AND
Mr. Curtis Kruer, Consulting Biologist,whose address is P.O. Box 753, Sheridan, MT 59749,
hereinafter referred to as "CONSULTANT",
WITNESSETH:
WHEREAS, the COUNTY desires to have the CONSULTANT perform professional
consulting services for the organization, curation, digitization, and delivery of the history and
documentation of the Florida Keys Artificial Reef Association (FKARA) from approximately 1981 to
1994 to the Monroe County Artificial Reef Program in both digital and hard copy formats.
NOW, THEREFORE, in consideration of the mutual promises, covenants and agreements
stated herein, and for other good and valuable consideration, the sufficiency of which is hereby
acknowledged, the COUNTY and the CONSULTANT agree as follows:
1. REPRESENTATIONS AND WARRANTIES.This Agreement shall be deemed effective
upon full execution by the parties hereto. By executing this Agreement, the CONSULTANT
makes the following express representations and warranties to the COUNTY:
a. The CONSULTANT shall maintain all necessary licenses, permits or other
authorizations necessary to act as the CONSULTANT for the Project until the duties
of the CONSULTANT hereunder have been fully satisfied.
b. The CONSULTANT shall prepare all documentation required by this Agreement in
such a manner that it shall be accurate, coordinated and adequate for use in verifying
work completed and shall be in conformity and comply with all applicable law, codes
and regulations.The CONSULTANT warrants that the documents prepared as a part
of this Agreement will be adequate and sufficient to document costs in a manner that
is acceptable for reimbursement by government agencies, and specifically to the
required specifications of the Monroe County Clerk and Comptroller, therefore
eliminating any additional cost due to missing or incorrect information.
c. The CONSULTANT assumes full responsibility to the extent allowed by law with
regard to his performance and those directly under his employ. At all times and for all
purposes under this Agreement the CONSULTANT is an independent contractor and
not an employee of the Board of County Commissioners of Monroe County. No
statement contained in this Agreement shall be construed so as to find the
CONSULTANT or any of his/her employees, contractors, servants, or agents to be
employees of the Board of County Commissioners of Monroe County.
d. The services of the CONSULTANT shall be performed as expeditiously as is
consistent with professional skill and care and the orderly progress of the Project. In
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providing all services pursuant to this Agreement, the CONSULTANT shall abide by
all statutes, ordinances,rules and regulations pertaining to or regulating the provisions
of such services, including those now in effect and hereinafter adopted. Any violation
of said statutes, ordinances, rules and regulations shall constitute a material breach of
this Agreement and shall entitle the COUNTY to terminate this contract immediately
upon delivery of written notice of termination to the CONSULTANT.
e. The CONSULTANT shall not discriminate against any person on the basis of race,
creed, color, national origin, sex,age, or any other characteristic or aspect which is not
job related,in its recruiting, hiring,promoting, terminating, or any other area affecting
employment under this agreement or with the provision of services or goods under
this agreement.
2. SCOPE OF BASIC SERVICES.
a. The Scope of Basic Services of the CONSULTANT shall consist of those described
in Attachment A. The CONSULTANT will perform for the COUNTY services as
described in "Attachment A" — Proposal for Funding, in accordance with the
requirements outlined in this Agreement. In the event of a conflict between The
CONSULTANT shall commence work on the services provided for in this Agreement
promptly upon its receipt of a written Notice to Proceed from the COUNTY.
b. The CONSULTANT shall, without additional compensation, promptly correct any
errors, omissions, deficiencies, or conflicts in the work product of the
CONSULTANT or its subconsultants, or both.
3. NOTICE REQUIREMENT. All written correspondence to the COUNTY shall be dated
and signed by an authorized representative of the CONSULTANT. Any notice required or
permitted under this agreement shall be in writing and hand delivered or mailed, postage pre-
paid, to the COUNTY by certified mail, return receipt requested, to the following:
For County:
Dr. Hanna Koch
Director of Artificial Reefs
Monroe County
2798 Overseas Highway, Suite 400
Marathon, FL 33050
And: Christine Hurley
Monroe County Administrator
1100 Simonton Street, Room 2-205
Key West, Florida 33040
And: Monroe County Attorney's Office
1111 12`h Street, Suite 408
Key West, Florida 33040
For the Consultant:
Curtis Kruer, Consulting Biologist
P.O. Box 753
Sheridan, MT 59749
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4. ADDITIONAL SERVICES.
a. Additional services are services not included in the Scope of Basic Services. Should
the COUNTY require additional services they shall be paid for by the COUNTY at
rates or fees negotiated at the time when services are required,but only if approved by
the COUNTY before commencement.
b. If Additional Services are required, the COUNTY shall issue a letter requesting and
describing the requested services to the CONSULTANT. The CONSULTANT shall
respond with a fee proposal to perform the requested services. Only after receiving an
amendment to the Agreement and a Notice to Proceed from the COUNTY, shall the
CONSULTANT proceed with the Additional Services.
5. COUNTY RESPONSIBILITIES.
a. The COUNTY shall designate a representative to act on behalf of the COUNTY with
respect to the Project. The COUNTY or its representative shall render decisions in a
timely manner pertaining to documents submitted by the CONSULTANT in order to
avoid unreasonable delay in the orderly and sequential progress of the services
provided by the CONSULTANT.
b. Prompt written notice shall be given by the COUNTY and its representative to the
CONSULTANT if they become aware of any fault or defect in the Project or non-
conformance with the Agreement Documents.Written notice shall be deemed to have
been duly served if sent pursuant to Paragraph 2.3.
c. The COUNTY shall furnish the required information and services and shall render
approvals and decisions as expeditiously as necessary for the orderly progress of the
services performed by the CONSULTANT and the work of the contractors.
d. The COUNTY's review of any documents prepared by the CONSULTANT or its
subconsultants shall be solely for the purpose of determining whether such documents
are generally consistent with the criteria of the COUNTY as, and if, modified. No
review of such documents shall relieve the CONSULTANT of responsibility for the
accuracy, adequacy, fitness, suitability or coordination of its work product.
e. The COUNTY shall provide copies of necessary documents required to complete the
work.
f. Any information that may be of assistance to the CONSULTANT to which the
COUNTY has immediate access will be provided as requested.
6. PERSONNEL. The CONSULTANT shall assign only qualified personnel to perform any
service concerning the project. At the time of execution of this Agreement, the parties
anticipate that the following named individuals will perform those functions as indicated:
NAME FUNCTION
Curtis Kruer Consulting Biologist
(If left blank, it shall signify that no other personnel are assigned hereunder.)
So long as the individuals named above remain actively employed or retained by the
CONSULTANT, they shall perform the functions indicated next to their names. If they are
replaced, the CONSULTANT shall notify the COUNTY of the change immediately.
7. PAYMENT SUM.
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a. The COUNTY shall pay the CONSULTANT in current funds for the performance
of this Agreement by the CONSULTANT a sum not-to-exceed Eleven Thousand,
Five Hundred and 00/100 Dollars($11,500.00).CONSULTANT agrees to perform
the work hereunder described at the pricing listed in "Attachment A" —Proposal for
Funding.
b. For his assumption and performances of the duties, obligations and responsibilities set
forth herein, the CONSULTANT shall be paid upon submission of appropriate
invoicing,drawn down from a not-to-exceed total of Eleven Thousand, Five Hundred
and 00/100 Dollars ($11,500.00), which shall be within three months of the signing
and execution of this Agreement. Payment will be made pursuant to the Local
Government Prompt Payment Act (Chapter 218, Part VII, Florida Statutes).
c. If the duties, obligations and responsibilities of the CONSULTANT are materially
changed by amendment to this Agreement after execution of this Agreement,
compensation due to the CONSULTANT shall be equitably adjusted, either upward
or downward.
d. As a condition precedent for any payment due under this Agreement, the
CONSULTANT must submit an invoice that is accompanied by such documentation
or data in support of expenses for which payment is sought consistent with
"Attachment A" — Proposal for Funding. Such invoices must be acceptable to the
Clerk and Comptroller of Monroe County, Florida ("Clerk"). Acceptability to the
Clerk is based on generally accepted accounting principles and such laws, rules, and
regulations as may govern the Clerk's disbursal of funds.
8. COUNTY BUDGET.
a. The CONSULTANT may not be entitled to receive, and the COUNTY is not
obligated to pay, any fees or expenses in excess of the amount budgeted for this
contract in each fiscal year (October 1 - September 30) by the Monroe County Board
of County Commissioners. The budgeted amount may only be modified by an
affirmative act of the Monroe County Board of County Commissioners.
b. The performance and obligation to pay by the COUNTY under this Agreement is
contingent upon an annual appropriation by the Monroe County Board of County
Commissioners and the approval of the Board members at the time of contract
initiation and its duration.
9. INSURANCE REQUIREMENTS. Contractor shall obtain and maintain at its own
expense insurance coverages as deemed appropriate and required by the Monroe County Risk
Manager, or designee, throughout the term of the Agreement. All insurance requirements
provided for in this Agreement shall be subject to annual review. Copies of current policy
certificates shall be filed with the Monroe County Risk Department whenever acquired,
amended, and annually during the term of this Agreement. Original Certificates of Insurance
shall be provided to the County at the time of execution of this Agreement and certified copies
provided if requested. Each policy certificate shall be endorsed with a provision that not less
than thirty (30) calendar days'written notice shall be provided to the County before any policy
or coverage is canceled or restricted. The underwriter of such insurance shall be qualified to
do business in the State of Florida. If requested by the County Administrator, the insurance
coverage shall be primary insurance with respect to the County,its officials,employees,agents,
and volunteers. Failure of Contractor to comply with the insurance requirements of this
section shall be cause for immediate termination of this Agreement. MONROE COUNTY
BOARD OF COUNTY COMMISSIONERS, 1100 SIMONTON STREET, KEY WEST,
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FLORIDA 33040, MUST BE NAMED AS ADDITIONAL INSURED AND
CERTIFICATE HOLDER ON ALL POLICIES EXCEPT WORKER'S
COMPENSATION.
10. INDEMNIFICATION & HOLD HARMLESS.
a. The parties agree that one percent (1%) of the total compensation paid to Contractor
for the work or services under this Agreement constitutes specific consideration to
Contractor for the indemnification to be provided under the Agreement.
Notwithstanding any minimum insurance requirements prescribed elsewhere in this
Agreement, the Contractor shall defend, indemnify, and hold the County, and the
County's elected and appointed officers and employees,harmless from and against any
claims,actions or causes of action,any litigation,administrative proceedings,appellate
proceedings, or other proceedings relating to any type of injury (including death),loss,
damage, fine, penalty or business interruption, and any costs or expenses that may be
asserted against, initiated with respect to, or sustained by, any indemnified party by
reason of, or in connection with: (A) any activity of the Contractor or any of its
employees, agents, contractors or other invitees during the term of this Agreement;
(B) the negligence or recklessness, intentional wrongful misconduct, errors or other
wrongful act or omission of the Contractor or any of its employees, agents, sub-
contractors or other invitees; or (C) the Contractor's default in respect of any of the
obligations that it undertakes under the terms of this Agreement, except to the extent
the claims, actions, causes of action, litigation, proceedings, costs or expenses arise
from the intentional or sole negligent acts or omissions of the County or any of its
employees, agents, contractors or invitees (other than the Contractor).
b. In the event that the completion of the service (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.
C. Nothing contained herein is intended, nor may it be construed, to waive County's
rights and immunities under the common law or Section 768.28, Florida Statutes, as
amended from time to time;nor will anything included herein be construed as consent
to be sued by any third parties in any matter arising out of this Agreement. To the
extent considered necessary by the County, any sums due Contractor under this
Agreement may be retained by the County until all of the County's claims subject to
this indemnification obligation have been settled or otherwise resolved, and any
amount withheld is not subject to payment of interest by the County. Insofar as the
claims, actions, causes of action, litigation, proceedings, costs or expenses relate to
events or circumstances that occur during the term of this Agreement,this section will
survive the expiration of the term of this Agreement or any earlier termination of this
Agreement.
11. MISCELLANEOUS.
a. Section Headings. Section headings have been inserted in this Agreement as a matter
of convenience for reference only and it is agreed that such section headings are not a
part of this Agreement and will not be used in the interpretation of any provision of
this Agreement.
b. Ownership of Documents. The documents prepared by the CONSULTANT for
this Project belong to the COUNTY and may be reproduced and copied without
acknowledgement or permission of the CONSULTANT.
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c. Assignment and Subcontracting. The CONSULTANT shall not assign or
subcontract its obligations under this Agreement, except in writing and with the prior
written approval of the Board of County Commissioners for Monroe County and the
CONSULTANT, which approval shall be subject to such conditions and provisions
as the Board may deem necessary. This paragraph shall be incorporated by reference
into any assignment or subcontract and any assignee or subcontractor shall comply
with all of the provisions of this Agreement. Subject to the provisions of the
immediately preceding sentence, each party hereto binds itself, its successors, assigns
and legal representatives to the other and to the successors, assigns and legal
representatives of such other party.
d. Termination. In the event that the CONSULTANT shall be found to be negligent in
any aspect of service, the COUNTY shall have the right to terminate this Agreement
after five days written notification to the CONSULTANT.Either of the parties hereto
may cancel this Agreement without cause by giving the other party sixty (60) days
written notice of its intention to do so.
i. Termination for Cause and Remedies: In the event of breach of any contract
terms, the COUNTY retains the right to terminate this Agreement. The
COUNTY may also terminate this Agreement for cause with the
CONSULTANT should the CONSULTANT fail to perform the covenants
herein contained at the time and in the manner herein provided. In the event
of such termination, prior to termination, the COUNTY shall provide the
CONSULTANT with seventy-two (72) hours' notice and provide the
CONSULTANT with an opportunity to cure the breach that has occurred. If
the breach is not cured, the Agreement will be terminated for cause. If the
COUNTY terminates this Agreement with the CONSULTANT, the
COUNTY shall pay the CONSULTANT the sum due the CONSULTANT
under this Agreement prior to termination, unless the cost of completion to
the COUNTY exceeds the funds remaining in the contract. However, the
COUNTY reserves the right to assert and seek an offset for damages caused
by the breach. The maximum amount due to the CONSULTANT shall not
in any event exceed the spending cap in this Agreement. In addition, the
COUNTY reserves all rights available to recoup monies paid under this
Agreement, including the right to sue for breach of contract and including the
right to pursue a claim for violation of the COUNTY's False Claims
Ordinance, located at Section 2-721 et al. of the Monroe County Code.
ii. Termination for Convenience: The COUNTY may terminate this Agreement
for convenience, at any time, upon sixty (60) days' notice to the
CONSULTANT. If the COUNTY terminates this Agreement with the
CONSULTANT, the COUNTY shall pay the CONSULTANT the sum due
the CONSULTANT under this Agreement prior to termination, unless the
cost of completion to the COUNTY exceeds the funds remaining in the
contract. The maximum amount due to the CONSULTANT shall not exceed
the spending cap in this Agreement. In addition, the COUNTY reserves all
rights available to recoup monies paid under this Agreement, including the
right to sue for breach of contract and including the right to pursue a claim for
violation of the COUNTY's False Claims Ordinance, located at Section 2-721
et al. of the Monroe County Code.
e. Contract Documents. This contract consists of this Agreement, the attachment
hereto and any modifications made after execution by written amendment. In the
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event of any conflict between any of the Contract documents, the one imposing the
greater burden on the CONSULTANT will control.
f. Claims for State or Federal Aid/Grants. The CONSULTANT and the COUNTY
agree that each shall be, and is, empowered to apply for, seek, and obtain federal and
state funds to further the purpose of this Agreement. Any conditions imposed as a
result of the funding that affect the Agreement will be provided to each party.
g. Discriminatory Vendor List. CONSULTANT hereby acknowledges its continuous
duty to disclose to the County if the CONSULTANT or any of its affiliates,as defined
by Section 287.134(1)(a), Florida Statutes, are placed on the Discriminatory Vendor
List.Pursuant to Section 287.134(2)(a),Florida Statutes: "An entity or affiliate who has
been placed on the discriminatory vendor list may not submit a bid, proposal, or reply
on a contract to provide any goods or services to a public entity;may not submit a bid,
proposal, or reply on a contract with a public entity for the construction or repair of a
public building or public work;may not submit bids, proposals, or replies on leases of
real property to a public entity; may not be awarded or perform work as a
CONSULTANT, supplier, subcontractor, or consultant under a contract with any
public entity;and may not transact business with any public entity."
h. Prohibition on Conflict of Interest, Gratuities, Kickbacks, and Collusion. The
statements contained in this paragraph are true and correct, and made with the full
knowledge that Monroe County relies upon the truth of the statements contained
herein in awarding the contract for this service.
i. Conflict of Interest. CONSULTANT covenants that it presently has no
interest and will not acquire any interest that would conflict in any manner or
degree with the performance of services required.Each party hereto covenants
that there is no conflict of interest or any other prohibited relationship between
the County and itself.
ii. Gratuities. CONSULTANT hereby certifies that it has not offered, given, or
agreed to give any Monroe County employee a gratuity, favor, or anything of
monetary value in connection with any decision, approval, disapproval,
recommendation, preparation of any part of the award of this contract.
ill. Kickbacks. CONSULTANT certifies that it has not given payment, gratuity,
or offer of employment to be made by or on behalf of a Sub-contractor under
a contract to CONSULTANT or higher tier sub-contractor or any person
associated therewith,as an inducement of the award of a subcontract or order.
iv. Non-Collusion Statement. By signing this Agreement, CONSULTANT
certifies under penalty of perjury that the price proposed by CONSULTANT
was arrived at independently without collusion, consultation, or
communication for the purpose of restricting competition;and no attempt has
been made to induce another person or entity to submit a proposal, or not
submit,for the purpose of restricting competition in the award of this contract.
v. Contract Clause. The prohibitions on conflict of interest,gratuities, kickbacks,
and collusion prescribed in this paragraph must be conspicuously set forth in
every contract and subcontract and solicitation initiated by CONSULTANT
in its performance of this Agreement.
i. Ethics Clause pursuant to Monroe County Ordinance No. 010-1990. By signing
this Agreement, the CONSULTANT warrants that he/she/it has not employed,
retained or otherwise had act on his/her/its behalf any former County officer or
employee in violation of Section 2-149, Monroe County Code of Ordinances, or any
County officer or employee in violation of Section 2-150, Monroe County Code of
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Ordinances. 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 Agreement 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 pursuant to Subsection 2-152(b), Monroe County Code of Ordinances.
j. Monroe County's Suspended Vendor List and False Claims Laws.The eligibility
of persons to enter into a contract may be suspended pursuant to Sec. 2-347(1) of the
Monroe County Code of Ordinances. In the event an eligible person is suspended by
the County after the contract is awarded, or a suspended person is employed to
perform work (e.g. as a subcontractor) pursuant to a County contract, same shall
constitute a material breach of the contract. The County, in its sole discretion, may
terminate the contract with no further liability to the CONSULTANT beyond
payment of the portion of the contract price that may be due for work satisfactorily
completed up to the date of termination, and hereby reserves all other rights and
remedies available at law or in equity. In addition, the County reserves all rights
available to recuperate monies paid under this Agreement, including the right to sue
for breach of contract and including the right to pursue a claim for violation of the
County's False Claims Ordinance, pursuant to Section 2-721 et seq. of the Monroe
County Code.
k. Prompt Disclosure of Litigation, Investigations,Arbitration, or Administrative
Proceedings. Throughout the term of this Agreement, the CONSULTANT has a
continuing duty to promptly disclose to the County, in writing, upon occurrence, all
civil or criminal litigation, investigations, arbitration, or administrative proceedings
relating to or affecting CONSULTANT's ability to perform under this Agreement. If
the existence of such causes the County concern that the CONSULTANT's ability or
willingness to perform the Agreement is jeopardized, the CONSULTANT may be
required to provide the County with reasonable assurances to demonstrate its ability
to perform as required hereunder, and that its employees/agents have not or will not
engage in conduct similar in nature to the conduct alleged in such proceeding.
1. Choice of Law and Venue. The parties hereby agree that the only laws that apply to
this Agreement are those of the State of Florida and United States of America. The
parties waive the privilege of venue and agree that all litigation between them in the
state courts will take place exclusively in the Sixteenth Judicial Circuit in and for
Monroe County, Florida,and that all litigation between them in the federal courts will
take place exclusively in the United States District Court in and for the Southern
District of Florida, or United States Bankruptcy Court for the Southern District of
Florida,whenever applicable.
m. WAIVER OF JURY TRIAL & MANDATORY PRE-SUIT MEDIATION
BY ENTERING INTO THIS CONTRACT, EACH OF CONSULTANT AND THE COUNTY
HEREBY EXPRESSLY WAIVE ANY RIGHTS EACH MAY HAVE TO A TRIAL BY JURY
RELATED TO THIS CONTRACT. IF A PARTY FAILS TO WITHDRAW A REQUEST FOR A
JURY TRIAL IN A LAWSUIT ARISING OUT OF THIS CONTRACT AFTER WRITTEN
NOTICE BY THE OTHER PARTY OF VIOLATION OF THIS SECTION, THE PARTY
MAKING THE REQUEST FOR JURY TRIAL WILL BE LIABLE FOR THE REASONABLE
ATTORNEY'S FEES AND COSTS OF THE OTHER PARTY CONTESTING THE REQUEST
FOR JURY TRIAL, AND SUCH AMOUNTS MUST BE AWARDED BY THE COURT IN
ADJUDICATING THE MOTION. THE COUNTY AND CONSULTANT AGREE THAT, IN
THE EVENT OF CONFLICTING INTERPRETATIONS OF THE TERMS OR A TERM OF
THIS AGREEMENT BY OR BETWEEN ANY OF THEM THE ISSUE SHALL BE
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SUBMITTED TO MEDIATION PRIOR TO THE INSTITUTION OF ANY OTHER
ADMINISTRATIVE OR LEGAL PROCEEDING. MEDIATION PROCEEDINGS
INITIATED AND CONDUCTED PURSUANT TO THIS AGREEMENT SHALL BE IN
ACCORDANCE WITH THE FLORIDA RULES OF CIVIL PROCEDURE AND USUAL AND
CUSTOMARY PROCEDURES REQUIRED BY THE CIRCUIT COURT OF MONROE
COUNTY.
n. Attorney's Fees and Costs. County and CONSULTANT agree that in the event any
cause of action or administrative proceeding is initiated or defended by any party
relative to the enforcement or interpretation of this Agreement, the prevailing party
shall be entitled to reasonable attorney's fees, court costs, investigative, and out-of-
pocket expenses, as an award against the non-prevailing party,at all levels of the court
system, including in appellate proceedings.
o. Public Records. County is a public agency subject to Chapter 119, Florida Statutes,
as amended from time to time. To the extent CONSULTANT is a CONSULTANT
acting on behalf of the County pursuant to Section 119.0701, Florida Statutes, as
amended from time to time, CONSULTANT must comply with all public records
laws in accordance with Chapter 119, Florida Statutes. In accordance with state law,
CONSULTANT agrees to:
i. Keep and maintain all records that ordinarily and necessarily would be required
by the County in order to perform the services.
ii. Upon request from the County's custodian of public records, provide the
County with a copy of the requested records or allow the records to be
inspected or copies within a reasonable time at a cost that does not exceed the
costs provided in Chapter 119, Florida Statutes, or as otherwise provided by
law.
ill. Ensure that public records that are exempt, or confidential and exempt, from
public records disclosure are not disclosed except as authorized by law for the
duration of the Agreement term and following completion of the Agreement
if the CONSULTANT does not transfer the records to the County.
iv. Upon completion of the services within this Agreement, at no cost, either
transfer to the County all public records in possession of the CONSULTANT
or keep and maintain public records required by the County to perform the
services. If the CONSULTANT transfers all public records to the County
upon completion of the services, the CONSULTANT must destroy any
duplicate public records that are exempt, or confidential and exempt, from
public records disclosure requirements. If the CONSULTANT keeps and
maintains public records upon completion of the services, the
CONSULTANT must meet all applicable requirements for retaining public
records. All records stored electronically must be provided to the County,
upon request from the County's custodian of public records, in a format that
is compatible with the information technology systems of the County.
IF THE CONSULTANT HAS QUESTIONS REGARDING THE
APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE
CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS
RELATING TO THIS AGREEMENT, CONTACT THE COUNTY'S
CUSTODIAN OF PUBLIC RECORDS, BRIAN BRADLEY, AT
PHONE NO. 305-292-3470, BRADLEY-BRIAN@MONROECOUNTY-
9
FL.GOV, MONROE COUNTY ATTORNEY'S OFFICE, 1111 12TH
STREET, SUITE 408, KEY WEST, FL 33040.
If CONSULTANT does not comply with this section, the County will enforce the
Agreement provisions in accordance herewith and may unilaterally cancel this Agreement in
accordance with state law.
p. Uncontrollable Circumstances ("Force Majeure"). As used herein, "Force
Majeure" means the occurrence of any event that prevents or delays the performance
by either party of its obligations hereunder which are beyond the reasonable control
of the non-performing party. Examples of "Force Majeure" include, but are not
limited to, acts of God, natural disasters, or emergency governmental action. To
invoke this paragraph, immediate written notice, consistent with the "Notice"
provisions of this Agreement, must be sent by the non-performing party describing
the circumstances constituting force majeure and proof that the non-performance or
delay of performance is a direct and reasonable result of such event(s). Any claim for
extension of time by CONSULTANT pursuant to this paragraph will be made not
more than Seventy-two (72) hours after the commencement of the delay. Otherwise,
it shall be waived. The CONSULTANT shall immediately report the termination of
the cause for the delay within seventy-two (72) hours after such termination. The
County reserves its right to challenge the invocation by the CONSULTANT within
five (5) calendar days of receipt of said notice,in such case uninterrupted performance
in required. However, in the event the invocation is accepted by the County, the
CONSULTANT must take all reasonable measures to mitigate any and all resulting
damages, costs, delays, or disruptions to the CONSULTANT's performance
requirements under this Agreement. All obligations must resume when the
circumstances of such event(s) have subsided, or other arrangements are made
pursuant to a written amendment to this Agreement.
q. Public Entity Crimes Statement. Pursuant to Section 287.133(2)(a), Florida
Statutes, as amended from time to time, CONSULTANT hereby certifies that neither
it nor its affiliate(s) have been placed on the convicted vendor list following a
conviction for a public entity crime. If placed on that list, CONSULTANT agrees: to
immediately notify the County and is prohibited from providing any goods or services
to a public entity; it may not submit a bid on a contract with a public entity for the
construction or repair of a public building or public work; it may not submit bids on
leases of real property to a public entity; it may not be awarded or perform work as a
CONSULTANT, supplier, sub CONSULTANT, or consultant under a contract with
any public entity; and, it may not transact business with any public entity in excess of
the threshold amount provided in Section 287.017, Florida Statutes, for Category
TWO ($35,000), as may be amended, for a period of thirty-six (36) months from the
date of being placed on the convicted vendor list.
r. Foreign Gifts and Contracts.The CONSULTANT must comply with any applicable
disclosure requirements in Section 286.101, Florida Statutes. Pursuant to Section
286.101(7)(b), Florida Statutes: "In addition to any fine assessed under [�
286.101(7)(a), Florida Statutes], a final order determining a third or subsequent
violation by an entity other than a state agency or political subdivision must
automatically disqualify the entity from eligibility for any grant or contract funded by
a state agency or any political subdivision until such ineligibility is lifted by the
Administration Commission [Governor and Cabinet per�14.202, Florida Statutes] for
good cause."
10
s. Scrutinized Companies and Countries of Concern per Sections 287.135,215.473,
&287.138, Florida Statutes. CONSULTANT hereby certifies that it: a) has not been
placed on the Scrutinized Companies that Boycott Israel List, nor is engaged in a
boycott of Israel;b) has not been placed on the Scrutinized Companies with Activities
in Sudan List nor the Scrutinized Companies with Activities in the Iran Terrorism
Sectors List (formerly the Iran Petroleum Energy Sector List); and c) has not been
engaged in business operations in Cuba or Syria. If County determines that
CONSULTANT has falsely certified facts under this paragraph,or if CONSULTANT
is found to have been placed on a list created pursuant to Section 215.473, Florida
Statutes, as amended, or is engaged in a boycott of Israel after the execution of this
Agreement, County will have all rights and remedies to terminate this Agreement
consistent with Section 287.135, Florida Statutes,as amended.The County reserves all
rights to waive certain requirements of this paragraph on a case-by-case exception basis
pursuant to Section 287.135, Florida Statutes,as amended. Beginning January 1, 2024,
the County must not enter into a contract that grants access to an individual's personal
identifying information to any Foreign Country of Concern such as:People's Republic
of China, the Russian Federation, the Islamic Republic of Iran, the Democratic
People's Republic of Korea, the Republic of Cuba, the Venezuelan regime of Nicolas
Maduro,or the Syrian Arab Republic,unless the CONSULTANT provides the County
with an affidavit signed by an authorized representative of the CONSULTANT,under
penalty of perjury,attesting that the CONSULTANT does not meet any of the criteria
in subparagraphs (2)(a)-(c) of Section 287.138, Florida Statutes, as may be amended.
Beginning January 1, 2025, the County must not extend or renew any contract that
grants access to an individual's personal identifying information unless the
CONSULTANT provides the County with an affidavit signed by an authorized
representative of the CONSULTANT, under penalty of perjury, attesting that the
CONSULTANT does not meet any of the criteria in subparagraphs (2)(a)-(c) of
Section 287.138, Florida Statutes, as may be amended. Violations of this Section will
result in termination of this Agreement and may result in administrative sanctions and
penalties by the Office of the Attorney General of the State of Florida.
t. Noncoercive Conduct for Labor or Services. As a nongovernmental entity
submitting a proposal,executing,renewing,or extending a contract with a government
entity, CONSULTANT is required to provide an affidavit under penalty of perjury
attesting that CONSULTANT does not use coercion for labor or services in
accordance with Section 787.06, Florida Statutes. As an authorized representative of
CONSULTANT, I certify under penalties of perjury that CONSULTANT does not
use coercion for labor or services as prohibited by Section 787.06. Additionally,
CONSULTANT has reviewed Section 787.06, Florida Statutes,and agrees to abide by
same.
u. Nondiscrimination Covenant. The CONSULTANT and County agree that there
wll be no discrimination agan itii i ii i i , s expressly understood that upon
a determination by a court of competent jurisdiction that discrimination has occurred,
this Agreement automatically terminates without any further action on the part of any
party, effective the date of the court order. CONSULTANT agrees to comply with
all Federal and Florida statutes, and all local ordinances, as applicable, relating to
nondiscrimination.These include but are not limited to: 1) Title VII of the Civil Rights
Act of 1964 (PL 88-352) which prohibits discrimination in employment on the basis
of race,color,religion,sex or national origin;2) Title IX of the Education Amendment
of 1972, as amended (20 USC ss. 1681-1683, and 1685-1686), which prohibits
11
discrimination on the basis of sex;3) Section 504 of the Rehabilitation Act of 1973, as
amended (20 USC s. 794),which prohibits discrimination on the basis of disability;4)
The Age Discrimination Act of 1975, as amended (42 USC ss. 6101-6107) which
prohibits discrimination on the basis of age;5) The Drug Abuse Office and Treatment
Act of 1972 (PL 92-255), as amended, relating to nondiscrimination on the basis of
drug abuse; 6) The Comprehensive Alcohol Abuse and Alcoholism Prevention,
Treatment and Rehabilitation Act of 1970 (PL 91-616), as amended, relating to
nondiscrimination on the basis of alcohol abuse or alcoholism; 7) The Public Health
Service Act of 1912, ss. 523 and 527 (42 USC ss. 690dd-3 and 290ee-3), as amended,
relating to confidentiality of alcohol and drug abuse patient records; 8) Tide VIII of
the Civil Rights Act of 1968 (42 USC s. 3601 et seq.), as amended, relating to
nondiscrimination in the sale, rental or financing of housing; 9) The Americans with
Disabilities Act of 1990 (42 USC s. 12101 Note), as may be amended from time to
time,relating to nondiscrimination on the basis of disability; 10) Monroe County Code
Chapter 14, Article II,which prohibits discrimination on the basis of race, color, sex,
religion, national origin, ancestry, sexual orientation, gender identity or expression,
familial status or age; 11) The Pregnant Workers Fairness Act (PWFA) pursuant to 42
U.S.C. 2000gg et seq.;and 12) Any other nondiscrimination provisions in any Federal
or state statutes which may apply to the parties to, or the subject matter of, this
Agreement.
v. E-Verify Requirements. Effective January 1, 2021, both public and private
employers, including CONSULTANT must require registration with, and use of the
E-verify system in order to verify the work authorization status of all newly hired
employees. CONSULTANT acknowledges and agrees to utilize the U.S. Department
of Homeland Security's E-Verify System to verify the employment eligibility o£
i. All persons employed by CONSULTANT to perform employment duties
within Florida during the term of the contract;and
ii. All persons (including subvendors/sub consultants/subcontractors) assigned
by CONSULTANT to perform work pursuant to the contract with the
County. The CONSULTANT acknowledges and agrees that use of the U.S.
Department of Homeland Security's E-Verify System during the term of the
contract is a condition of the contract with the County.
By entering into this Agreement, the CONSULTANT becomes obligated to comply
with the provisions of Section 448.095, Florida Statutes, "Employment Eligibility," as
amended from time to time. This includes, but is not limited to, utilization of the E-
Verify System to verify the work authorization status of all newly hired employees,and
requiring all subcontractors to provide an affidavit to CONSULTANT attesting that
the subcontractor does not employ, contract with, or subcontract with, an
unauthorized alien. CONSULTANT agrees to maintain a copy of such affidavit for
the duration of this Agreement. Failure to comply with this paragraph will result in the
termination of this Agreement as provided in Section 448.095, Florida Statutes, as
amended, and CONSULTANT may not be awarded a public contract for at least one
(1) year after the date on which the Agreement was terminated. CONSULTANT will
also be liable for any additional costs to County incurred as a result of the termination
of this Agreement in accordance with this Section. Upon executing this Agreement,
CONSULTANT will provide proof of enrollment in E-verify to the County.
w. Prohibited Telecommunications Equipment. CONSULTANT represents and
certifies that it and its applicable subcontractors do not and will not use any equipment,
system, or service that uses covered telecommunications equipment or services as a
12
substantial or essential component of any system, or as critical technology as part of
any system, as such terms are used in 48 CFR �� 52.204-24 through 52.204-26. By
executing this Agreement, CONSULTANT represents and certifies that
CONSULTANT and its applicable subcontractors must not provide or use such
covered telecommunications equipment, system, or services for any scope of work
performed for the County for the entire duration of this Agreement. If
CONSULTANT is notified of any use or provisions of such covered
telecommunications equipment, system, or services by a subcontractor at any tier or
by any other source, CONSULTANT must promptly report the information in 40
CFR � 52.204-25(d)(2) to County.
x. Antitrust Violations; Denial or Revocation under Section 287.137, Florida
Statutes. Pursuant to Section 287.137, Florida Statutes, as may be amended, a person
or an affiliate who has been placed on the antitrust violator vendor list (electronically
published and updated quarterly by the State of Florida) following a conviction or
being held civilly liable for an antitrust violation may not submit a bid, proposal, or
reply for any new contract to provide any goods or services to a public entity;may not
submit a bid, proposal, or reply for a new contract with a public entity for the
construction or repair of a public building or public work; may not submit a bid,
proposal,or reply on new leases of real property to a public entity;may not be awarded
or perform work as a CONSULTANT, supplier, subcontractor, or consultant under a
new contract with a public entity; and may not transact new business with a public
entity. By entering this Agreement, CONSULTANT certifies neither it nor its
affiliate(s) are on the antitrust violator vendor list at the time of entering this
Agreement. False certification under this paragraph or being subsequently added to
that list will result in termination of this Agreement, at the option of the County
consistent with Section 287.137, Florida Statutes, as amended.
y. Merger; Amendment; Interpretation; Joint Preparation. This Agreement
constitutes the entire Agreement between the CONSULTANT and the County, and
negotiations and oral understandings between the parties are merged herein. This
Agreement can be supplemented and/or amended only by a written document
executed by both the CONSULTANT and authorized designees of the County. The
tides and headings contained in this Agreement are for reference purposes only and
will not in any way affect the meaning or interpretation of this Agreement. It is
acknowledged that each party to this Agreement had the opportunity to be represented
by counsel in the preparation of this Agreement and accordingly the rule that a
contract will be interpreted strictly against the party preparing same does not apply
herein due to the joint contributions of both parties.
z. Severability; Waiver of Provisions. Any provision in this Agreement that is
prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be
ineffective to the extent of such prohibition or unenforceability without invalidating
the remaining provisions hereof or affecting the validity or enforceability of such
provisions in any other jurisdiction. The non-enforcement of any provision by either
party will not constitute a waiver of that provision nor will it affect the enforceability
of that provision or of the remainder of this Agreement.
aa. Signatory Authority; Counterparts and Multiple Originals. Upon request, the
CONSULTANT must provide the County with copies of requisite documentation
evidencing that the signatory for CONSULTANT has the authority to enter into this
Agreement. This Agreement may be executed in multiple originals, and may be
13
executed in counterparts,each of which is hereby deemed to be an original,but all of
which,taken together,constitutes one and the same agreement.
IN WITNESS WHEREOF,County,signing through its authorized Department Director,and
CONSULTANT,through its authorized representative,have executed this Agreement as of the date
appearing next to their signatures.
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA;
Christine Digitally signed by
Christine Hurley
H u rl e Date:2024.11.07
By: y 13:13:07-05'00'
Christine Hurley,County Administrator Date
Approved as to legal form&sufficiency:
Digitally signed by Eve M.Lewis
Eve M. Lewis Date:2024.10.23 12:46:37-04'00'
Eve M. Lewis,Assistant County Attorney Date
CONSULTANT: Curtis Kruer(an individual)
Signature Date
G�rjz,--T s / ei:'C
Print Name
STATE OF
COUNTY OF j j 1 CZ C1%,SN-)
The foregoing instrument was sworn to / affirmed and acknowledged before me by
means of hysical presence or ❑ online notarization, this F'day of )C f l3 k,'- 20 1/, by
r Li rZ- in his individual capacity. ' Ie he is personally known to me/or has
produced (type of identification) as identification.
j f 1
JENNIFER BURL Signaturd of Notary Public
oT NOTARY PUBLIC for the State of Montana Jo—I V1 i 4 o`
SEAL Residing at Sheridan,Montana (Print&Stamp-Notary Public)
My Commission Expires
July 11,2026
14
Proposal for Funding
Submitted to:
Dr. Hanna Koch
Director of Artificial Reefs
Monroe County Board of County Commissioners
Marathon, FL
Submitted by:
Curtis Kruer
Consulting Biologist
P.O. Box 753
Sheridan, MT 59749
... .:.........ii veers.ir"net
P`'�..�.i.`....&�..... u"......................................................
Date Submitted:
May 17, 2024, revised May 30, 3024, revised August 27, 2024
Funding Request:
$11,500.00
Project Objective:
To organize, curate, digitize, and deliver the history of the Florida Keys Artificial Reef Association
(FKARA)to the Monroe County Artificial Reef Program in both digital and hard copy formats.
Scope of Work:
The history of the FKARA dates to about 1981, and I was president of the organization through
much of the 1980s and into the early 1990s. In addition to overseeing much of the on-the-water
work, I also had responsibility for permitting (while employed by the Army Corps of Engineers),
mapping, documenting results, and photography (underwater, surface, and aerial).
A major focus of the FKARA's efforts was using the large amount of suitable concrete and steel
that resulted from demolition of part or all of various bridges during the Florida Keys Bridge
Replacement Project that took place during this time frame. In addition, a grant from NOAA's
Marine Fisheries Initiative program (MARFIN)funded the construction, placement monitoring,
and reporting on a series of fabricated structures placed offshore from Big Pine Key in the early
1990s (Kruer and Causey 1992, Kruer 1990, Kruer 1993).This collection of documentation and
photography, as well as extensive documentation of the collaboration, coordination, and review
among agencies and user groups has been maintained and kept together since the dissolution of
FKARA in the mid-1990s.The proposed project will organize, curate, digitize, and deliver all
relevant and useful material to the Monroe County Artificial Reef Program.
Monroe County's current interest in this historical information (some bridge rubble sites are
now over 40 years old) is related mainly to learning the results of the use of bridge rubble and
fabricated structures to construct numerous patch reefs at various Keys locations (Islamorada to
Key West) as the County pursues new targeted construction of habitat support structures in the
1
Keys. Considerable work sinking large vessels and barges in the Keys was carried out during the
same time frame with my involvement and that of FKARA. Vessels sunk in the Keys with my and
FKARA's involvement include the Bibb and Duane off Key Largo, the Eagle off Islamorada, the
Cayman Salvage Master and Curb off Key West and other smaller vessels and barges. The
Florida Keys National Marine Sanctuary(FKNMS) recently has expressed an interest in obtaining
more information and photography on the various vessels sunk from Key Largo to Key West as
well as on the bridge rubble sites (M. Lawrence, FKNMS, pers. comm. 2023). As well, the Florida
Fish and Wildlife Conservation Commission (FWCC) has said they would like to update their
statewide artificial reef database with this historical data once it's passed along to the County
(K. Mille, FWCC pers. comm., 2023).
The scope of this proposal is to include in the deliverables to Monroe County all available
aspects of the Keys artificial reef work that FKARA and I conducted from about 1981-1994. In
addition, a general accounting of the history and time frame of other intentional artificial reef
deployments in the Keys will be included along with a discussion of relevant laws and
regulations that apply to the current construction of artificial reefs in the Keys.
Deliverables:
The materials described above will be organized and archived with a site specific focus on the
approximate 13 individual sites permitted and worked on by the FKARA. Each site will include a
historical analysis (see below for an example of information to be provided), permits,
description of materials and amounts placed, along with any reports and maps, photography,
and monitoring data (fish and invertebrates). Most or all of the Keys sites have been previously
mapped by the FWCC and can be found at
rnti;;ti;; s: rm .irmaas.au lis. oirm a s Vlie liindex.lrntn
5d .1?a lid::::::4675ei..dlra32ac43a9a4308e7579
6 i..7d). A review of the accuracy and completeness of information for Keys artificial reefs sites
in the FWCC database with be conducted using information in hand.
Example Historical Analysis:
1. Deployment ID (FWCC code)
2. Reef Name
4. Source of materials and #of patch reefs
5. Tons of material
6. Relief(ft) at time of construction
7. Depth (ft)
8. Jurisdiction
9. Latitude
10. Longitude
11. Location accuracy
12. Deploy date
13. Description
14. Permit information
15. Purpose of deployment/artificial reef
16. Who organized deployment (program manager)?
17. Who conducted deployment (contractor)?
18 Outcomes:
a. Current status/condition
2
b. Monitoring methods and results
C. Physical
d. Biological
e. Benthic community
f. User Groups
g. Unexpected outcomes (e.g. location accuracy, storms, etc.)
h. Storm durability/subsidence
g. Supporting site specific documentation, imagery, data, etc.
In addition to the site documentation, discussion topics will include but not be limited to:
a. How many artificial reef sites are in the FKNMS?
b. Historical and current monitoring of any of the sites, and methods used.
c. Generate a list of sites that would be worth revisiting/documenting/monitoring 3-4 decades
later that would serve as the best examples of historical projects that could provide useful data
on long-term outcomes. Considerations will include:
1) material type(eg. concrete rubble pile, concrete bridge span, metal I-beams,
prefabricated module,various vessel types, scrap metal, limestone boulders, reef ball)
2) reef size(relative footprint -small, med, large)
3) potential outcome(eg. positive due to productivity and stability, neutral, or negative
due to subsidence or deterioration over time).
d. For the period of FKARA's work on artificial reefs, what were some of the biggest challenges
to planning, designing, deploying, and monitoring them that improvements in technology,
methodology, communication since then would make them less challenging today?
e. Conversely, what may be some aspects that are more challenging today compared to this
early era of deploying artificial reefs?
f. Based on this overall analyses, make suggestions of locations of possible new (or, if
appropriate, existing sites) AR sites that based on positive long-term outcomes (eg. good
location, conditions, depth) would be suitable and compatible with the County's plans for new
habitat support structures to create networks in waters of the Keys.
Deliverables will include both digital and hard copy materials provided to Monroe County.
Approximately 500+ photos will be scanned at a medium resolution and provided in .jpg format
and several hundred documents (permits, meeting minutes and notes, letters, presentations,
news articles, etc.) will be scanned and provided as .pdfs. Information will be organized
chronologically by site where appropriate, and chronologically if not site specific. Scanned
information will be provided via portable hard drive, or via an alternative method desired by
Monroe County. All hard copy material will be mailed or shipped.
Proposed Schedule
The organizing and digitizing of information and photography required for this project can be
accomplished in 3 months following approval of this proposal. Work will be initiated on October
1, 2024 and conclude December 31, 2024.
Proposed Budget
Organization and curating of materials (50 hours at$100/hour)- $5,000.00
Scanning and Digitizing of written material and photography
(25 hours at$100/hour) - $2,500.00
3
Reporting and providing of all materials (40 hours at$100/hour) - $4,000.00
Total proposed budget- $11,500.00
Qualifications
My academic qualifications include a Master's of Science degree from the University of South
Florida Marine Science Institute in 1977 and a Master's Thesis on the marine macroalgae of natural
rocky reefs approximately 10-12 miles offshore from Tampa Bay (Kruer 1977). 1 was employed by the
State of Florida in the Keys as a field biologist from 1977-1980 and as a field biologist for the Army Corps
of Engineers from 1980-1988 with responsibilities including dredge and fill permitting and enforcement
work throughout the Keys. It was during this period that I organized and served in various capacities for
the FKARA. Since 1988, 1 have worked as a conservation consultant with a primary focus in the Keys,
mainly for nonprofit conservation organizations and government agencies. Although I have moved from
Florida, my interest in and work on behalf of conservation in the Keys continues. A current CV and list of
my publications and reports is attached.
References
Kruer, C.R. 1977.A study of the natural reefs off Tampa Bay, Florida Gulf Coast. Master's Thesis,
University of South Florida, Department of Marine Science, St. Petersburg, Florida, 172 pp.
Kruer, C.R. 1990. An evaluation of the use of large fabricated artificial reefs to enhance reef fish
populations in the Florida Keys. Procs. Of the Third Annual Marine Fisheries Initiative Conference,
Orlando, FL pp 101-104.
Kruer, C.R. and L. Causey. 1992.The use of large artificial reefs to enhance fish populations at different
depths in the Florida Keys. National Marine Fisheries Service. MARFIN # NA89-AA-HMF179, St.
Petersburg, Florida, 208 pp.
Kruer, C.R. 1993. Artificial reefs of the Florida Keys, in B. Horn, ed., Florida Artificial Reef Summit 1993.
Florida Department of Environmental Protection,Tallahassee, Florida, pp. 79-83.
Respectfully Submitted,
Curtis Kruer
Revised May 30, 2024,August 27, 2024
4
BOARD OF COUNTY COMMISSIONERS
County of Monroe Mayor Merrill Raschein,District 5
The Florida Keys Mayor Pro Tern James K. Scholl,District 3
Craig Cates,District 1
Michelle Lincoln,District 2
David Rice,District 4
October 23, 2024
RE: Waiver of insurance Requirements
Risk Management is waving insurance requirements of Mr. Curtis Kruer, Consulting Biologist for providing data
from the Artificial Reef Association. Mr. Kruer is providing his research only. He is not physically present and is
not providing opinions or recommendations. There is no direct risk to the county from this contract.
Thank you,
Brian Bradley
Risk Manager
� '� ., BOARD OF COUNTY COMMISSIONERS
County of MonroeMayor Holly Merrill Raschein,District 5
The Florida Keys Mayor Pro Tem James K. Scholl,District 3
Craig Cates,District 1
Michelle Coldiron,District 2
David Rice,District 4
� .
Memorandum
TO: OMB Purchasing
FROM: Dr. Hanna Koch, Director of Artificial Reefs
THRU: Kevin Wilson, Acting County Administrator
DATE: 6/13/2024
RE: Justification for Sole Source Requisition
As the former President of the Florida Keys Artificial Reef Association (FKARA) in the 1980s/90s, Mr. Curtis Kruer
is in sole possession of a mass of historical Monroe County documents (e.g., photographs, permits, data)
pertaining to artificial reef (AR) deployments during that time period. Mr. Kruer was responsible for planning,
permitting, deploying, and monitoring ARs in the Florida Keys, and therefore has unique knowledge regarding
historical AR work in Monroe County.
As outlined in the FWC Grant Agreement #23132, which funds Monroe County's Artificial Reef program,
Deliverable#1 requires the creation of a 5-yr Artificial Reef Plan that includes a historical analysis(i.e., background
chapter) of artificial reef projects in Monroe County. Thus, these documents are essential to the execution of
grant Deliverable #1 and currently only exist in hard-copy form in Mr. Kruer's possession (i.e., they cannot be
obtained from any other source).
Mr. Kruer has offered to organize,curate,digitize,and deliver the history of FKARA to the Monroe County Artificial
Reef program in both digital and hard copy formats,for$11,500. He has drafted a proposal outlining the scope of
work, deliverables,timeline, and budget,which will be used to create a Task Order. Furthermore, since FKARA no
longer exists, and Mr. Kruer has no further use for continuing to store such documents, it would be wise that the
responsibility of long-term storage and safeguarding of such documents lies with the County's Artificial Reefs
program.
In summary, given that such documents and specific knowledge only exist with Mr. Kruer, that such documents
cannot be obtained elsewhere, and that they are essential to the successful completion of Deliverable#1 of the
FWC grant that funds the Artificial Reefs program, I request the ability to carry out a sole source expenditure.
cc: Joseph DiNovo, Assistant County Attorney