Item D14
BOARD OF COUNTY COMl\nSSIONERS
AGENDA ITEM SUMMARY
Meeting Date: FEBRUARY 14. 2002
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of an Amendment to Agreement with the Legendary Key Largo Chamber of
Commerce for an appropriation of an additional $300,000 of District V tourist development
funds to be applied to the Spiegel Grove Project.
ITEM BACKGROUND:
TDC approved same at their meeting of January 8, 2002
District V Advisory Committee approved same at their meeting of January 30, 2002
PREVIOUS REVELANT BOCC ACTION:
sacc approved original Agreement May 22, 1996
sacc approved amendment to Agreement July 16, 1997
sacc approved amendment to Agreement May 12, 1999
sacc approved amendment to Agreement actober 13, 1999
sacc approved amendment to Agreement May 18, 2000
sacc approved amendment to Agreement August 16, 2001
sacc approved amendment to Agreement December 20,2001
sacc approved FY 2002 budget at their meeting of September 19, 2001
CONTRACT/AGREEMENT CHANGES:
Additional Funding
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $568.000
BUDGETED: Yes ~ No
COST TO COUNTY: $568.000/TOURIST PAY
DIVISION DIRECTOR APPROVAL:
REVENUE PRODUCING: Yes~ No AMOUNTPERMONTH_ Year_
APPROVED BY: Coonty Atty ....K.--. OMB/Por~.:x.... Risk Management X ,;. ,j(, ,
~~
(Lynda Stuart)
DOCUMENTATION:
Included X
To Follow_
Not Required_
DISPOSITION:
AGENDA ITEM # a/--LJ/,Y
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Legendary Key Largo
Chamber of Commerce
Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of an Amendment to Agreement with the Legendary Key Largo
Chamber of Commerce for an appropriation of an additional $300,000 of District
V tourist development funds to be applied to the Spiegel Grove Project.
Contract Manager: Maxine Pacini
(N ame)
3523
(Ex t. )
TDC # 3
(Department/Stop #)
for BOCC meeting on
2/14/02
Agenda Deadline: 1/30/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 568,000
Budgeted? YesC8l No 0 Account Codes:
Grant: $
County Match: $
Current Year Portion: $
121-71040-530460- T71B201l_ -530460
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ADDITIONAL COSTS
Estimated Ongoing Costs: $ _/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
. pate In Needed ~evl@Wer
Division Director 1/,23/02- YesD NoEl' --;:/)'Lr/(J~~/~-<---'/
Risk Management r I '" \ o"L YesO No0 Ll, LJ/~ I (~.t...,~VCu',",
O.M.B./Purchasing YesD Nog-~..:;-~k;~.A.- e ;k~u
Date Out
i/.;J-.J!CL
ll3r (\:>
I
/-:5 1-{!.2-
County Attorney
YesDNoD
S.Hutton
Comments: /U..::cz.. (~~Ji.,t;; ".G,:C u.f-a.~
(L.{.Lb~-$.--:r/~ /6-
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I
OMB Form Revised 2/27/01 MCP #2
SEVENTH AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this day of
2002, between the Monroe County Board of County Commissioners, The
Legendary Key Largo Chamber of Commerce.
WHEREAS, there was a contract entered into on May 22, 1996, as amended
July 16,1997; May 12,1999; October 13,1999, May 18, 2000, August 16,2001 and
December 20,2001 between Monroe County Board of County Commissioners and The
Legendary Key Largo Chamber of Commerce for the preparation of the surplus Navy
ship Spiegel Grove as an artificial reef and transporting the Spiegel Grove to a site off
Key Largo, Florida, where the ship will be scuttled and turned into an artificial reef, and
WHEREAS, as of the first date above, additional work remains to be done in
order to prepare the Spiegel Grove for permitting by regulatory agencies for placement
on the ocean bottom as an artificial reef; and
WHEREAS, the District V Advisory Committee to the Tourist Development
Council has recommended appropriation of an additional $300,000 of District V tourist
development funds to be applied to the Spiegel Grove Project; and
WHEREAS, the Tourist Development Council has recommended the same
action; and
WHEREAS the fifth Amendment to the original contract was an acceptance of
the Chamber's assignment to First State Bank of the Florida Keys of monies previously
contracted by the County for payment upon the completion of the project and
placement on the ocean bottom; and
WHEREAS, it is desired to contract to provide an additional $300,000 for said
placement of the Spiegel Grove for establishment of an artificial reef but that these
additional monies not be subject to the prior assignment; and
WHEREAS, the Key Largo Chamber of Commerce has entered into, or will soon
do so, an agreement for final preparation of the Spiegel Grove for placement on the
ocean bottom, and said agreement has incorporated requested changes of the County
Attorney;
NOW THEREFORE, the parties agree as follows:
1. This amendment to agreement is by and between only the Legendary Key Largo
Chamber of Commerce and the Board of County Commissioners of Monroe County.
Seventh Amendment to Agreement for Spiegel Grove
1
2. The Key Largo Chamber of Commerce shall take all actions necessary, including
providing for final clean-up and preparation as required by all regulatory agencies to
place the Spiegel Grove on the ocean bottom in the area of Dixie Shoals as
contemplated under the pre-existing agreement as previously amended.
3. Upon said placement of the Spiegel Grove on the ocean bottom in compliance with
all applicable laws and regulations, and receipt of documentation in accordance with
the Clerk's requirements to show that the Chamber has completed all of its obligations
under the agreement as amended, the County shall reimburse the Chamber an amount
of $300,000 in addition to the sum of $268,000 which has been contracted through the
agreement dated May 22,1996, as amended on July 16,1997; May 12, 1999; October
13, 1999; May 18, 2000; August 16, 2001; December 20, 2001. The $300,000
contemplated under this amendment, dated on the date first above written, is not
subject to the assignment accepted by the County in the Amendment dated August 16,
2001.
4. The requirement in original Agreement dated May 22, 1996, paragraphs K) 3. And
K) 4. Requiring a grant from DEP is hereby deleted.
5. All other provisions of the agreement dated May 22, 1996, as previously amended,
and not inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
The Legendary Key Largo Chamber
of Commerce
(SEAL)
ATTEST: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
Seventh Amendment to Agreement for Spiegel Grove
2
AMENDMENT TO AGREEMENT
~ THIS ADDENDUM to agreement is made and entered into this ,2C:lJ4, day of
J)ii:-t/ 2001, between the Monroe County Board of County Commissioners, The
Legendary Key Largo Chamber of Commerce
WHEREAS, there was a contract entered into on May 22, 1996, as amended
July 16, 1997; May 12, 1999; October 13, 1999; May 18, 2000, and August 16, 2001
between Monroe County Board of County Commissioners and The Legendary Key
Largo Chamber of Commerce for the preparation of the surplus Navy ship Spiegel
Grove as an artificial reef and transporting the Spiegel Grove to a site off Key Largo,
Florida, where the ship will be scuttled and turned into an artificial reef, and
WHEREAS, The Legendary Key Largo Chamber of Commerce has experienced
delays with the preparation of the project; and
WHEREAS, it has become necessary to request an extension to the Agreement
for one additional year;
NOW THEREFORE, the above parties agree as follows:
1. Subparagraph 1 (b) of the original agreement is amended to read:
1 (b) KLCC must satisfactorily complete its obligations under this Agreement by
December 31, 2002.
2. All other provisions of the contract dated May 22, 1996, as previously amended
and not inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
The legendary Key Largo Chamber
of Commerce
1 ~ \
-~~~
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Mayor/Chat
AMENDMENT TO AGREEMENT
THIS ADDENDUM to agreement is made and entered into this 16th day of August
2001, between the Monroe County Board of County Commissioners, The Legendary Key
Largo Chamber of Commerce and First State Bank of the Florida Keys.
WHEREAS, there was a contract entered into on May 22, 1996, as amended July
16, 1997; May 12, 1999 ; October 13, 1999 and May 18, 2000 between Monroe County
Board of County Commissioners and The Legendary Key Largo Chamber of Commerce
for the preparation of the surplus Navy ship Spiegel Grove as an artificial reef and
transporting the Spiegel Grove to a site off Key Largo, Florida, where the ship will be
scuttled and turned into an artificial reef, and
WHEREAS, The Legendary Key Largo Chamber of Commerce has entered into a
security agreement with First State Bank of the Florida Keys for the agreement dated May
22, 1996 and amendments to agreement thereafter; and
WHEREAS, it has become necessary to amend The Legendary Key largo Chamber
of Commerce's (hereinafter "Chamber") agreement to provide for Assignment to First
State Bank of the Florida Keys of the rights of the Chamber to receive payment to;
NOW THEREFORE, the above parties agree as follows:
1. The Chamber of Commerce assigns its right to receive payment under the
agreement dated May 22, 1996 ,as previously amended, to First State Bank of the
Florida Keys.
2. The County approves and accepts the assignment of said payment rights to First
State Bank of the Florida Keys.
3. All other provisions of the contract dated May 22, 1996, as amended as amended
thereafter, not inconsistent herewith, remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day and
year first above written.
The Legenda Key Largo Chamber First State Bank of the Florida Keys
@!i~ :~C6L~~~ BY:d~~ vI
";\~, "~~':;:1~~ -$ ANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
~~~~ . i . ~~ONROE CO;TY'~:RIDA d
( 1>--~.,6+~~. ~ ~ ;C. ~
"~-'"..{)eputY'c5lerk Mar/Chairman
i',?/)POVEQ AS TO FORM.c '
',""J,LEGAL SUFFICIEN~Y':";,
w,'" ~>':;V:'Tjvri,/<'/}Kt .' i~;~~'
" SUZ~NNE f... HUVON
...~ ..'j" /" ...)/..:. t /~~ i
-
AMENDMENT
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
THIS AMENDMENT is made by and between Monroe County, a political
subdivision of the State of Florida, 5100 College Road, Key West, FL 33040, hereafter
the County, and The Legendary Key Largo Chamber of Commerce, a non-profit
corporation, 106000 Overseas Highway, Key Largo, FL 33037, hereafter KLCC, to an
Agreement dated May 22,1996, as amended July 16,1997; May 12,1999 and October
13, 1999 for the preparation of the surplus Navy ship Spiegel Grove as an artificial reef
and -transporting the Spiegel Grove to a site off Key Largo, Florida, where the ship will
be scuttled and turned into an artificial reef, hereafter the original agreement.
1. Subparagraph 1 (b) of the original agreement is amended to read:
1 (b) KLCC must satisfactorily complete its obligations under this Agreement by
December 31,2001.
2. In all other respects, the Agreement dated May 22, 1996 as previously
amended, between the parties and all its attachments remain in full force and effect.
.,;_<._.,.'':;>IN W!TNE~$IWHEREqF'f)t~e parties have caused this Amendment to be duly
/~i(>;e5<~ctJte<:H,hls /yt'tt day of {}tHY 2000.
1" .. ~ '. "". - -. "i "_ _-.~",
. ,:;,c:',,"r:',':\
J <,(SpAl);:'!
"'y, . """, ,)
/:kAtlest:'DANNY L. KOLHAGE, Clerk
.;.' . -',-' ',; .-...., ~ .--.......... - :. ,.;
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..,.1::/
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
ct~--F~
By:
MayorlCha man
"-~. .
..:~~
. -1eputy Clerk
Date:
ffI,,? Ii, Z.-a 0
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
By: (ZJtj'-7~"",'t....c---
/f ~~~J
--/
~f
By:-- " '; 1 &'--&:~>JJ(a~.~
~~~~~K~ Corporate Secretary/Tre3surer
Date:
-Y b ') hbl') 6
. .c....ED AS TO FORM
~.:: . ,,-;AL SUFFI I Y.
..-: . 9y1.
"AYf~%~~N
AMENDMENT II
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
THIS AMENDMENT is made by and between Monroe County, a political
subdivision of the State of Florida, 5100 College Road, Key West, FL 33040, hereafter
the County, and The Legendary Key Largo Chamber of Commerce, a non-profit
corporation, 106000 Overseas Highway, Key Largo, FL 33037, hereafter KLCC, to an
Agreement dated May 22, 1996, as amended July 16, 1997 for the preparation of the
surplus Navy ship Spiegel Grove as an artificial reef and transporting the Spiegel Grove
to a site off Key Largo, Florida, where the ship will be scuttled and turned into an
artificial reef, hereafter the original agreement.
1. Paragraph 3 of the original agreement is amended to provide for payment in the
amount of $268,000.00.
2. Paragraph 4 of the original agreement is deleted.
3. In all other respects, the Agreement as previously amended, between the parties
and all its attachments remain in full force and effect.
..' / :' IN"W~~tJESSJ:HEREOF, t~e parties have caused this Amendment to be duly
.execut~d.)hl~:.j3 day of C:9C/ 1999.
{ ';" ....\~. Jr'i.
>~""
L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By: ~c.~~ By:
Deputy Clerk Mayor/Chairman
Date:
10 - I 3 ,- I:f 9
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERC
By:
~-?f:;"~
Date:
(/~~ ~/;J
AMENDMENT "
ARTIFICIAL REEF PREPARATION AND TRANSPORT AGREEMENT
THIS AMENDMENT is made by and between Monroe County. a political subdivision of the State of
Florida. 5100 College Road. Key West, FL 33040. hereafter the "County." and The Legendary Key
Largo Chamber of Commerce. a non-profit corporation. 105950 Overseas Highway. Key Largo. FL
33037. hereafter "KLCC." to an Agreement for the preparation of the surplus Navy ship Spiegel Grove
as an artificial reef and transporting the Spiegel Grove to a site off Key Largo. Florida. where the ship
will be scuttled and turned into an artificial reef. hereafter the original" Agreement."
1) Subparagraph 1 (b) of the original agreement is amended to read:
1 (b) KLCC must satisfactorily complete its obligations under this Agreement by
December 31. 1999.
2) Paragraph 6 of the original agreement is amended to read:
6. Before beginning the work described in paragraph 2. the KLCC must
provide evidence that it has obtained the insurance in the amount and type
described in Exhibit B in favor of the County. Exhibit B is attached and incorporated
into this agreement. In lieu of the insurance described in Exhibit B. the KLCC may
furnish evidence satisfactory to the County's Risk Management Director that the
KLCC's contractors or subcontractors are sufficiently insured. or sufficiently self-insured.
so that the County's risk of loss due to the negligent acts or omissions of others or due
to acts of God is minimal.
3) In all other respects. the Agreement between the parties and all its attachments remain in
full force and effect.
the parties have caused this Amendment to be duly executed this
.1999.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
- .. ~
'v.~. ~~'I ~ .......-. '-""-'. _". '\'
By .
MayorlChairman
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
By.
. ,.------ ~
ZJ
_.~ &d!~?t-?
~
3-7/~
B$:~.~A)~B~J}
Executive Director
Date
jconivartreef
DATE
"
MONROE COUNTY, FLORIDA
ARTIFICIAL REEF PREPARATION AND 'TRANSPORT AGREEMENT
EXHIBIT B - INSURANCE REQUIREMENTS
During the tasks specified in paragraphs 2a and 2b, KLCC shaJJ obtain or provide evidence of the
following insurance with the County named as an additional insured:
Commercial General Uability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $ I million and coverages to include:
· Premises Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Defmition of Property Damage
Specialized Marine Insurance shaJJ be acceptable, if the protection provided is no less restrictive
tJlan specified above. . L
Proft.ssional Liability
Professional Liability insurance with limits of no less than $1 million per occurrence and $2
million annual aggregate, which will respond to damages resulting from any claim arising out of
.the performance of professional services or any error or omission of the consultant (as specified in
2b) arising out of work governed by this agreement.
During the tasks specified in paragraphs 2d and 2e, KLCC shall obtain or provide evidence of the
following insurance with the CoWlty named as an additional insured on all policies, except for
Workers' Compensation.
Commercial General Liability
General Liability insurance, with any exclusions relating to watercraft removed, provided on an
"Occurrence" basis with limits of no less than $1 million and coverages to include:
· PremIses Operations
· Products and Completed Operations
· Blanket Contractual Liability
· Personal Injury Liability
· Expanded Definition of Property Damage
Specialized Marine Insurance shall be acceptable, if the Protection provided is no less restrictive
than specified above.
--
APR-14-00 18,07 FROM,MONROE COUNTY ATTY OFFICE 10,3052923518
PAGE 2/2
..." ".
,I
'./
AMENDMENT I
ARTIFICIAL REEF PREP~nON ~D TRANSPORT.~GREEMENT
THIS AMENDMENT is made by and between Monroe County. Q political subdMslon of the State of
: FIorido. S 1 00 College Road. Key West. FL J3O.CO. hereafter the County. and The Legendarv a::ey largo
Chamber of Commerce. a non-profit corporation. .105950 Oveneas Highwcrv. Key Largo. fL 33031.
hereafter nee. to an Agreement for the ~tion 0' the su,pIus Navy ship Spfegel Grove as <:In
artificiat reef and fransportfng the Spiegel ~v~ !~ ~ site o~ Key f~o. Rorida. where the ship WII be
scuffled and fumed Info an arflftefal reef. hereafter the orfgfnal'Qgreement.
1) Subparagraph l.b) of the original agreement fs amended to mad:
1 b) ICLCC must satlsfa~oriIv complete Its obligations und<< thrs Agr8ement by
December 31. 1"7.
2) Paragraph 6 of the original agreement Is amended fo 1'BCId:
6. Before beginning the WOIk. descrfbed In poragmph 2. the ncc must
provide evidence that It has obtained the Insurance In the amount and type
described in echiblt 8 in favor of tM County. &hfbit B is attac::hed and Incorporated
Into this agreement. In lieu of the Jnsuranee desafbecf in Exhibit 8. the nee may
fumistl evidence satisfactory to the County's RIsk Management Di'eetor that the
JQee's contractors or subcontra~tors are sufflc;IentIV Insured. or sufflc;Ientfy self-iNUred.
so that the County's risk: of loss due to the negl'lgent acts or omissions of others at (fue
to Clefs of God is minimal
3.) In an other re$pects. the Agreement between the pQr1Jes and all in attachments remain in
fuD foree and effect.
IN WJTNESS WHEREOf. the parties hQ'/e caused this Amendment to be duly exec:uted thi$ 16th
day of July. 1 ??7.
. (SEALJ
Attest:
"'""'-
(SEAl)
Attest
By.
THE lEGENDARY KEY LARGO
CHAMBER Of COMMERCE
BYr~~:1'--AJ~~~~ .
executiVe Director
Date
Jconivartraor
1. 1ACJAl REEF PREP ARA nON AND \NSPOt<f AGREEMENT
This Agreement is made by and between Monroe County, a political subdivision of the State 01
Florida. 5100 College Road, Key West. FL 33040, hereafter County, and The Legendary Key Largo
Chamber of Commerce, a non-profit Florida corporation, 105950 Overseas Highway, Key Largo.
Florida 33037, hereafter KlCC, for the prep oration of the surplus Navy ship Spiegel Grove as an
artificial reef and transporting the Spiegel Grove to a site off Key Largo, Rorida, where the ship is to
be scuttled and turned into on artificial reef. The .County and KlCC further agreeing as fotrows:
1. aJ' The Spiegel GrQve, hereafter the hulk, is a decommissioned Navy lSD, 510 feet in length
with an 84-foot beam and 0 vertical height from keel to stock of 94 feet. On the effective date of
this agreement, the hulk is locoted with the James River Reserve Reet In Fort Eustis. Virglnio.
bJ KlCC must sotisfactorily complete its obligations under this Agreement by July 1. 1997.
2. In order to successfully convert the hulk into on artificial reef, KlCC must complete the
following tasks:
.
oj Obtoin written verificotion from a qualified marine engineer that the hulk will remain in
the site authorized and described in Army Permit No. 199502500, hereafter the Permit. during c
category three hurricone. A copy of the Permit is attached as Exhibit A and incorporoted into this
Agreement.
bJ An inspection of the hulk for moterials considered hazardous by the U.s. Environmental
Protection Agency. hereafter EPA. the Florido Department of Environmental Protection. hereafter
DEP, the U.S. Coast Guard and the Nationol Oceanic ond Atmospheric Administration, hereafter
NOAA, must be co.nducted by a qualified consultant employed by KlCC. The Consultant must
provide a list of all hazarc;fous materials found on the hulk that the EPA requires to be removed. The
consultant must olso provide on estimate of the cost of the removal of those hazardous materials
.. and the cost of disposal in 0 manner satisfoctory to the EPA.
cJ KlCC will furnish $200,000 for funding the tasks set forth in paragraph. 2 If KlCC connot
raise that amount or if the estimated cost of removal and disposal of the hazardous materials
exceeds $250,000, then KLCC must confer with the County Administrator ond the Board of County
l'..': ce p: '';:~
(
. , -
. ~"::-:-.:. .:.( ...._I'~S .'_.- a'-:"._
7-/~;9/
------/5~_.- .-
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Commissioners to
termine if additional funding is 10. Iy available from any County fund or
account to make up the estimated shortfall and if the County's Board of County Commissioners is
willing to authorize such an expenditure. If the Board. in its sole discretion. declines to make up the
estimated shortfall out of County revenues. then ~ither party may terminate this agreement without
any further liability. duty or obligation to the other.
d} The hazardous materials revealed by the inspection that EPA requires to be removed
must then be removed by a qualified shipyard or marine salvor. l!1e m<::Jterials so removed must be
disposed of in a manner satisfactory to EP A.
e) The hulk must then be prepared by the qualified shipyard or marine salvor to the
maximum extent possible for diver safety. Diver safety preparation includes the following items:
sealing doors to prevent access by inexperienced divers to the main deck: removing doors on other
decks: and removing cables that might create or pose a danger. The diver safety wor1c described in
this subparagraph must be performed to the satisfaction of the U.S. Coast Guard.
.
f} Upon completion of the tasks described in subparagraphs 2(b} and 2(d} - 2(e). KLC.C
must provide the County with written verification from the EP A. the DEP. the U.S. Coast Guard and
.,
NOAA that the hulk is sufficiently free of hazardous materials to be used as an artificial reef.
Additionally. KlCC must provide the County ~ith written verification from the U.S. Coast Guard that
the hulk has been sufficiently modified to render it as diver safe as possible.
g} Once the hazardous materials have been removed and the hulk made diver safe.
. KlCC shall make arrangements with the 949th Transportation Company (Floating Craft). U.s. Army
Reserve. to have the hulk towed from the site of the shipyard or marine salvors to the location off Key
largo. Rorida. described in the Permit. If the 949th Transportation Company is not avanable. then
KlCC must arrange transportation by a similarty qualified entity. preferably a government agency.
subject to the County's approval.
h) When the hulk has arrived at the location described in subparagraph 2(g). KlCC shall
make arrangements with local businesses to complete any final preparations necessary before the
hulk is sunk. Once sunk. KlCC must also make arrangements with local businesses to ensure that any
2
holes cut in the h, s hull to facilitate sinking hove mete... _:ates welded over them to prevent diver
entry if deemed necessary by the County.
i) When the hulk has arrived at its location at Key largo - but before it is ~unk - KlCC
must notify, and make the hulk available for inspection by, representatives of the EPA, the U.S. Coast
Guard, DEP. and the County. KlCC must correct deficiencies noted by any of those representatives
before the hulk is sunk.
,
j) When the hulk is finally approved for sinking, KlCC stlaJl couse the hulk to be sunk by
personnel from the U.S. Naval Special Warfare Center at the location specified in the Permit. The
hulk also must be sunk according to the specifications described in the Permit. If the hulk is not sunk
in conformity with the Permit. then KlCC. at its own expense. must correct whatever nonconformity
that may have occurred.
Ie) When the hulk has been sunk, KlCC sholl then cause the hulk to be marlced with the
buoys required by the Permit.
3. Upon the successful completion of all the tasks required in paragraph 2 KlCC sholl submit
.
on invoice to the County's Director of Morine Resources requesting payment in on amount not to
- .
exceed $50,000. The invoice must be in 0 format satisfactory to the Director and the Clerk of the
Circuit Court. If the invoice is approved by the Director and the Clerk. the County must couse
payment to be mode to KlCC in the amount requested.
4. KlCC acknowledges that the County's obligation to make the payment described in
paragraph 3 Is contingent upon the County's receipt of a $50,000 grant from DEP under Sec. 370.75.
Ra. Stat.. and Ch~pter 62R-9. FAC (Artificial Fishing Reef Program). If the g!ant is denied, the County
will have no obligation 'to make any payment to KlCC under porcgraph 3 or to otherwise
compensate KlCC in any way for carrying out the tasks set forth in porcgraph 2
5. KlCC must indemnify and hold harmless the County from and against all liability. claims.
damages both incidental and consequential. loss. costs and expenses arising out of. or resulting
from. any error or omission occurring during the course of conying out the tasks set forth in
3
paragraph 2. The Jemnification and hold harmless ob. _..Jtions of this paragraph do not extend tc
claims based on injuries occurring after the date the hulk is sunk in conformance with the
Permit. KLCC's purchase of insurance under paragraph 6 and Exhibit B does not alter or effect
KLCC's obligations under this paragraph.
6. At the commencement of this agreement. KLCC must provide evidence that it has obtained
the insurance in the amount and type described in Exhibit B 'in fevor of the County. Exhibit B is
attached and incorporated into this agreement. .
7. If KLCC or any of ncc's subcontractors. including the military units listed above. fail to carry
out their obligations under this agreement. the County may - without limiting any other remedies it
might have - dispose of the hulk in whatever fashion the County detennines to be in its best interest.
8. AU data. reports. and other documents produced or obtained in the course of carrying out
the tasks in paragraph 2 are and will remain the property of the County and must be delivered to
the County's Director of Marine Resources before the County may make any payment to KLCC.
.
9. Records of KLCC's personnel payroll expenses. costs and other expenditures pertaining to
the tasks set forth in paragraph 2 and the records of the account between the County and KLCC
must be kept on a generally recognize~ accounting basis and must be available to representatives
of the County and the Rorida DEP during normal business hours. ncc must keep the records for a
period of three years following the payment described in paragraph 3.
10. KLCC is an independent contractor. Nothing in this agreement creates a contractual
relationship between any third party and the County or creates any rights in favor of a third party.
including KLCC's subcontractors and materialmen. vis a vis the County.
11. KLCC acknowledges that all records. data. and documents pertaining to the paragraph 2
tasks are public records under Chapter 119. Ra. Stat. As a result. they must be made available at a
reasonable time and place upon the request of any member of the public. Failure to do so is a
breach of this agreement Immediately tenninating the County's obligation to make any payment to
KLCC.
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J 2. This agree "t has been carefully reviewed by . , KLCC end the County. Therefore. this
agreement is not to be strictly construed against either party on the basis of authorship.
13. This agreement represents the parties' final and mutual understanding. It replaces any
earlier agreements or understandings. whether written or oral. This agreement cannot be modified
or replaced except by another signed agreement.
14. Nothing in this agreement should be read as mOdifying the applicable statute of limitations.
The waiver of the breach of any obligation of this .ogreement does not waive another breach of that
or any other obligation.
15. KLCC 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. 010-1990. 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 amount due under paragraph 3. or otherwise
recover. the full amount of any fee. commission. percentage. gift. or consideration paid to the
former County officer or employee.
16. This agreement is governed by the laws of the State of Rorida. Venue for any disputes
arising under this agreement must be in Monroe County. Rorida.
17. KLCC agrees that it will not unlawfullY discriminqte against any of its employees or
applicants for employment because of their race. color. religion. sex. national origin or disability.
KLCC must insert a provision similar to this paragraph in any subcontracts awarded under this
contract except those for the purchase of commercial supplies and raw materials.
18. All communication between the parties should be through the fOllowing individuals:
Monroe County
George Garrett.
Director of Marine Resources
2798 Overseas Highway
Marathon. Fl33050.
(305) 289-2500
KlCC:
Ginna Thomas Drake.
Executive Director
Key largo' Chambers of Comme(ce
103400 Overseas Highway
Key largo. Fl33037
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19. This agree. In't takes effect on the date of the si~ Jture of the last party to sign.
IN WITNESS WHEREOF. each party has caused this Agreement to be executed by its -duly
authorized representative.
(SEAL)
Attest: DANNY L KOLHAGE. Clerk
By
Deputy Clerk
Date:
(SEAL)
Attest:
By
Date:
aa/contractsl crtreef I
. i
(Ii
f
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
By
,
M~or/Chairman
KEY LARGO CHAMBERS
OF COMMERCE
Bv.iJ~4~BJ\4b
Executive Director
.
APPROVED AS TO FORM
AND LEGAL S FFIC
B't'l
j
d
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