Item D6
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: MARCH 20, 2002
Division:
TDC
Bulk Item: Yes ~ No
Department:
AGENDA ITEM WORDING:
Approval of an Assignment of Agreement between The Legendary Key Largo Chamber of
Commerce, First State Bank and TIB Bank of the Keys for the $268,000 appropriation of
Spiegel Grove funds.
ITEM BACKGROUND:
First State Bank is assigning funding of Spiegel Grove to TIB Bank of the Keys.
PREVIOUS REVELANT BOCC ACTION:
BOCC approved original Agreement May 22, 1996
BOCC approved amendment to Agreement July 16, 1997
BOCC approved amendment to Agreement May 12, 1999
BOCC approved amendment to Agreement October 13, 1999
BOcC approved amendment to Agreement May 18, 2000
BOcc approved amendment to Agreement August 16, 2001
BOcc approved amendment to Agreement December 20, 2001
BOcC approved amendment to Agreement February 14, 2002
BOCC approved FY 2002 budget at their meeting of September 19, 2001
CONTRACT/AGREEMENT CHANGES:
Assignment of funding to different bank
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: $568.000
COST TO COUNTY: $568.000ITOURISTPAY
BUDGETED: Yes -1L No
REVENUE PRODUCING: Yes -1L No
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty _
--,
OMB/Purchasing _ Risk Management .LlJ. \.. :
(.~Mt.~/--
(Lynda Stuart)
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included
To Follow_Not Required_
AGENDA ITEM #~
DISPOSITION:
Revised 2/27/01
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract with: Key Largo ehamber of
eommerce/First State BankfTIB Bank
Contract #
Effective Date:
Expiration Date:
Contract Purpose/Description:
Approval of an Assignment of Agreement between The Legendary Key Largo
Chamber of Commerce, First State Bank and TIB Bank for the $268,000
appropriation of Spiegel Grove funds.
Contract Manager: Maxine Pacini
(N ame)
3523
(Ext.)
TDC # 3
(Department/Stop #)
for BOCC meetin~ on
3/20102
A~enda Deadline: 3/6/02
CONTRACT COSTS
Total Dollar Value of Contract: $ 568,000
Budgeted? Yes[8J No D Account Codes:
Grant: $
County Match: $
Current Year Portion: $
121-71040-530460- T71B201A-530460
- - -
----
- - -
----
- - -
----
ADDITIONAL COSTS
Estimated Ongoing Costs: $_/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, ianitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed /~~ ,____., R.-e.vi~wer
Division Director3/'rA) ~~. YesD No0 ~/71~j;::::z.-t>//
Risk Management ~'II II !ll2..Y esD No~ Ct. 1.,\\'-<"\1"'- j2"QJ~j;"'d"
O.M.B./Purchasing dilUd.- YesD No~ '~
County Attorney "3('l{cId- YesD NO~ S.Hutton
Date Out
Comments:
OMB Form Revised 2/27/01 Mep #2
MAR-~7-~2 17,~~ FROM,MONROE COUNTY ATTY OFFICE 10,3052823518
PAGE 1/2
EIGHTH AMENDMENT TO AGREEMENT
(Assignment: First State Bank to TIBl
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 Comm~rce, First State Bank and TIS Bank.
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,
December 20, 2001 and February 14, 2002 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 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, the seventh amendment provided an additional $300,000 for said
placement of the Spiegel Grove for establishment of an artificial reef but those
additional monies were not subject to the prior assignment: and
WHEREAS. First State Bank has proposed assignment to TIS Bank of the
Chambers assigned right to receive $268,000:
NOW THEREFORE, the parties agree as follows:
1. This amendment to agreement is by and between the Legendary Key Largo
Chamber of Commerce, First State Bank, TIB Bank and the Board of County
Commissioners of Monroe County.
Eighth Amendment to Agl'e8ment far Splflg~ Grove
1
MAR-07-02 17,00 FROM,MONROE COUNTY ATTY OFFICE 10,3052923518
PAGE 2/2
2. The Chamber assignment of the right to reCElive $268,000 upon placement of the
Spiegel Grove on the ocean bottom, to First State Bank accepted by the County on
August 16, 2001, is hereby assigned to TIB Bank.
3. All other provisions of the agreement dated May 22. 1996. as previously amended,
and not inconsistent herewith shall remain in full force and effect.
IN WITNESS WHEREOF, the parties have set their hands and seal on the day
and year first above written.
(SEAL)
ATTES~ DANNYL.KOlHAGE,CLERK
130ARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
Deputy Clerk
Mayor/Chairman
The Legendary Key Largo Chamber
of Commerce
APPROVED AS TO FORM
AN~GAL SUFFICIE
President
Assignment addressed above is herebyapprovnd by the foJ/owing banks:
President: First State Bank
President: TIS Bank
Eighth Amendment to Agl'Bement tor Spiegel Grove
2
(/f,(
(:~ THIS ADDENDUM to agreement is made and entered into .thi~ /$- day of
r 2002, between the Monroe County Board of County CommissIoners, The
Legemdary Key Largo Chamber of Commerce.
SEVENTH AMENDMENT TO AGREEMENT
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 Com mer
"~
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
~
Mayor/Chairman
Seventh Amendment to Agreement for Spiegel Grove
2
AMENDMENT TO AGREEMENT
>--. . _ THIS ADDENDUM to agreement is made and entered into this 2t:}~ day of
.~ 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 obiigations 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
I ~ \
- c/(t1L~~
.,(Se:AI:X/}",.,..
,,"'Al?TR'j<:P~t'JNY L. KOLHAGE, CLERK
"-~ ~ l:.-0:-,v'.'
'\:>~>>:~~~~} i .
"<""~'~+'/ I} ~
"""~~:~,!, 'c . ; ;,.;5?-7 p')' fL., . .,
....o,."'...:.5p.J' ., ~ y. -. /)'>'1 l.._ .~_.''''''r I'.
\ '.-.., u__"""~=."':/ ~o;....y__". ~
-"'" Deputy Clerk
BOARD OF COUNTY
COMMISSIONERS OF
MONROE COUNTY, FLORIDA
MaYor/Cha~
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.
Key Largo Chamber First State Bank of the Florida Keys
/Ai~ - .~~ BY:d~~ vI
~t~~ .: ANNY l. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS
\~< a -'" ..;:,+
" '(~/!u'-~, ~ROE C;TYt;;A d
,--.leputyClerk M~hairman ~
/,?H'OVEO AS TO FORM ....
"C>lfG.Al SUFFICIEN91~'
I . t I ...,/",...,-.;.,.'.;;I,':.._~.~. ..
i) Y,;, ~:'J".;;;/~.,Ct-/.'/~~(< -J .
. -. SUUNNE A HUtrON
~
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 J 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.
.~.;;:~':',:,'''>~>.J~ W!TNES~WHEREO~, t~e parties have caused this Amendment to be duly
.,(i:':";e)(ect{t~<:Hhls 'iY/: day of lHAy 2000.
~., ',:- .. :; ." ~----. -",';:',:-,' -"';';-," ..'-~:~
1:<.' :/.. '..~..):;(~..~~t;[IJ,;:';)
,. fy;;It.tte$W.DA;NNY L. KOLHAGE, Clerk
-..'.: .;t.::.........::.....~:.;~'_~:;;~>/
"~ut;~
m"d II; z.....o 0
Date:
(SEAL)
Attest:
J
By0AlhM~- /f' ~v,
./
Date: -r/5 ') hbf''.> CJ
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
cS~-F~
By:
Mayor/Cha man
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
By9f/~d!c>7Nu~
~~~~~~~ Corporate Secretary/Tre3surer
. ;c....:FD AS TO FORM
~.. . ,,-;AL SUFFI I Y
. ?y1.
.A~~ _(!on,~N
'lL .-
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.
/ / : 'If\fW~:r;:NESSz.:rHEREOF, t~e parties have caused this Amendment to be duly
executed thls"i:3 day of (!)C/ 1999.
r .'~.>\( j;:l.:
.. L. KOLHAGE, Clerk BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY
By:
~c.~-.-~
Deputy Clerk
-. .r...
\,J().l\.""':i\-"".tlt~'.'V>.""9...-.r..
" . :.-\\~~: ,~~":,_'~._-'~';_:c
. "'.'l.A"'\....
......~ . . ...~~. "".....
'.
By:
Mayor/Chairman
Date:
10 - I 3 - '19
(SEAL)
Attest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERC
By:
~/Z::,&~
Date:
(/;;/J ~~?
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. 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 tumed 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
fumish 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.
By ~e~e~~"-
Date
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
. ~ ~
lJ.::>. ~~,..Il ......... 0-""-. o""~,
By I
Mayor/Chairman
(SEAL)
.1\ ttest:
THE LEGENDARY KEY LARGO
CHAMBER OF COMMERCE
By.
>~'
;...
,37/~"
Ba:~.~~)~~J1,)
Executive Director
Date
jconivartreef
AN~ ~HUTTC
DATE ]577
/ /
/
7'
MONROE COUNTY, FLORIDA
ARTIFICIAL REEF PREPARATION AND 'TRANSPORT AGREEMENT
EXHIBIT B - INSURANCE REQUIREMENTS
During the tasks specified in paragraphs 23 and 2b, KLCC shall 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 $1 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 sltaJJ be acceptable, if the protection provided is no less restrictive
tJlan specified above.
Proft-ssional Liability
Professional Liability insurance with limits of no Jess than S I million per occurrence and $2
milJion annual aggregate. which will respond to damages resulting from any claim arising out of
the perfonnance ofprofessiooal 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 shaJJ obtain or provide evidence oftJle
following insurance with the County named as an additional insured on aU 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
· Persona) 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 ATTV OFFICE ID'30S2923S18
PAGE 2/2
"', ,-
,;
," 'j
. :.}'.' , AMENDMENT 1
: ,.., /" ArnlFICIAL REEF PRfI'AlfATION AND TRANSI'OlIrAGREEMENT
/ THIS AMENDMENT is made by and between Monroe County. Q political l.ubdMsJon or the State of
/ :Rondo. 5100 College Road. Key West, FL J3O.4O. hereafter the County. and The Legendary ~ Largo
Chamber of Commerce. a non-profit corporation. ,105950 Ovem=as Highway, Key largo, fL 33031,
hereafter KLCC. to an Agreement for the ~tion 0' the $u,pM Navy ship Spiegel Grove as Qt1
artificial reef and 1ransportfng the Spiegef ~v~ !~ ~ site o~ Key ~o, Rorfda, where the ship ~ be
scuttled and turned Into an artffIefal reef. hereafter the orfglnal'a'greement.
1) Subparagraph I.b) of the original agreement fs amended to read:
I bJ ICLCC must satfsf~oriIy complete Its obligations und.,. this Agr8ement by
December 31, 1<<197.
2J Paragraph 6 of the original agreement Is amended to react
6. Before beginning the WOlle' descrfbed In paragraph 2. the ncc must
provide evidence that It has obtained the insurance In the amount and type
deScribed In ExhibIt 8 in favor of the- County. &hIbit B Is attached and IncoIporat8d
Into this agreement. In lieu of the Insuarv;e de$aIbed in Exhibit B. the KlCC may
furnish evidence satisfactory to the County's Risk Management Di'ectot that the
nee's contractors or subcontrac:tOf1 are sufflden1ly tnsured. Or suffldenttv self-it'15Ured.
so that the County's risk of loss due to the negrlQent acts or omissions of otheB Of due
to aefs of God is minimal
3.) In an other respects. the Agreement befWeen the parffes and all ib attachments remain in
fuU foree and effect.
IN WITNESS WHEREOf, the patios hove caused this Amendment to be duly executed thil 16th
day of July. 1997.
{SEAlJ
Attest
By.
THE LEGENDARY KEY LARGO
CHAMBER Of COMMERCE
ByJ$./~'~A~J~fl~~ .
executiVe OJrector
Date
Jconivartreel
!. lRCJAl REEF PREPARATION AND \NSPOld AGREEMENT
This Agreement is made by and between Monroe County, a political subdivision of the State oj
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 preparation 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 an artificial reef. The .County and KlCC further agreeing as follows:
1. a)' The Spiegel GrQve. hereafter the hulk. is a decommissioned Navy LSD. 510 feet in length
with an 84-foot beam and a vertical height from keel to stack of 94 feet. On the effective date of
this agreement. the hulk is located with the James River Reserve Reet in Fort Eustis. Virginia.
b) KlCC must satisfactorily complete its obligations under this Agreement by July 1. 1997.
2. In order to successfully convert the hulk into an artificial reef. KLCC must complete the
following tasks:
. .
a) Obtain written verification 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 a
category three hurricane. A copy of the Permit is attached as Exhibit A and incorporated into this
Agreement.
b) An inspection of the hulk for materials considered hazardous by the U.s. Environmental
Protection Agency, hereafter EPA, the Rorida Department of Environmental Protection. hereafter
DEP. the U.S. Coast Guard and the National Oceanic and Atmospheric Administration. hereafter
NOAA. must be co.nducted by a qualified consultant employed by KlCC. The Consultant must
provide a list of all hazarqous materials found on the hulk that the EP A requires to be removed. The
consultant must also provide an estimate of the cost of the removal of those hazardous materials
~ and the cost of disposal in a manner satisfactory to the EPA.
c) KlCC will furnish $200.000 for funding the tasks set forth in paragraph. 2 If KlCC cannot
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 and the Board of County
~"..~C~!""'::~
(
',!'::"":'"~:. .::..: ".;.'")5
-_J-=_(s.=~ 9~._._._
/l[i/
--_...- _.~-. .._-
Commissioners to
termine if additional funding is la. .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. lJle m~terials so removed must be
disposed of in a manner satisfactory to EPA.
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 work described in
this subparagraph must be performed to the satisfaction of the U.S. Coast Guard.
.
fJ 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 EPA, 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 crrcngements with the 949th Transportation Company (Rooting Craft). U.s. Army
Reserve. to have the hulk towed from the site of the shipyard or marine salvors to the locatfon off Key
Largo. Rorida. described in the Permit. If the 949th Transportation Company is not cvanable. then
KlCC must crronge transportation by a similarly 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 preparatfons necessary before the
hulk is sunk. Once sunk. KlCC must also make arrangements with local businesses to ensure that any
2
noles cut in the h, shull to facilitate sinking have mete.. _:ates welded over them to prevent divef
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 spall cause 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 specificatfons 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.
k) When the hulk has b~en sunk. KLCC shall then cause the hulk to be martc:ed with the
buoys required by the Permit.
3. Upon the successful completion of all the tasks required in paragraph 2. KLCC shall submit
.
an invoice to the County's Director of Marine Resources requesting payment in an amount not to
-
exceed $50.000. The invoice must be in a 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 cause
payment to be made to KLCC in the amount requested.
4. KLCC acknowledges that the County's obllgatfon 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.
Fta. Stat.. and Ch~pter 62R-9, FAC (Artificial Fishing Reef Program). If the g~ant is denied. the County
will have no obligatfon 'to make any payment to KLCC under paragraph 3 or to otherwise
compensate KLCC In any way for carrying out the tasks set forth in parcgraph 2.
5. KLCC must indemnify and hoid harmless the County from and against all liability, claims.
damages both incidental and consequentfal. loss. costs and expenses arising out of. or resulting
from, any error or omission occurring during the course of carrying out the tasks set forth in
3
'paragraph 2. The Jemnification and hold harmless ob. _~tions of this paragraph do not extend to
claims based on injuries occulTing after the date the hulk is sunk in conformance with the
Permit. KlCC's purchase of insurance under paragraph 6 and Exhibit 8 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 8 'in favor of the County. Exhibit 8 is
attached and incorporated into this agreement. .
7. If KlCC or any of KlCC'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. All 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 efrector 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 Florida DEP during normal business hours. KlCC 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 subcontractor3 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 terminating the County's obligation to make any payment to
KlCC.
.4
. 12. This agree .,t has been carefully reviewed by . , KlCC and 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 os 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 hod oct 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 breech 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 lews of the State of Florida. 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. notional origin or disability.
KlCC must insert 0 provision similar to this paragraph in any subcontracts awarded under this
contract except those for the purchase of commercial supplies and row materials.
18. All communication between the parties should be through the following individuals:
Monroe County
George Garrett.
Director of Morine Resources
2798 Overseas Highway
Marathon. Fl33050.
(305) 289-2500
KlCC:
Ginna Thomas Drake.
Executive Director
Key largo. Chambers of Commel:ce
103400 Overseas Highway
Key Largo. Fl 33037
5
19. This agree. ,;n'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 ~uly
authorized representative.
(SEAL)
Attest: DANNY L KOlHAGE. Clerk
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY. FLORIDA
. By
Deputy Clerk
By
I
M~or/Chairman
Date:
(SEAL)
Attest:
KEY LARGO CHAMBERS
OF COMMERCE
By
BydJ~4{J~B^A~
Executive Director
Date:
aa/conlracts/artreef I
.
/
iJ
..(
i )
\
fA
6