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Item H02 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 21 June 2006 Division: Growth Management Bulk Item: Yes ---L No Department: Marine Resources Staff Contact: George Garrett AGENDA ITEM WORDING: Amendment to a Contract with Patricia McNeese for a time extension to complete the Lignurnvitae Key Submerged Land Management Area Boat Grounding Project ITEM BACKGROUND: Based on a request from FDEP, Lignumvitae Aquatic Preserve, the Board approved an expenditure of up to $8,000 from Boating Improvement Funds to assist in the development of a boat grounding assessment database. This item wa.o;; approved at the 21 January 2004 BOCC meeting. The funds have not been required to date as FDEP has been utilizing its available funds. This item reflects the fact that the funds are now needed. The contract is being provided to the FDEP contractor on the project, Patricia McNeese. PREVIOUS RELEVANT BOCC ACTION: 18 May 2005 - Approval to expend up to $8,000 from BlF CONTRACT/AGREEMENT CHANGES: Time Extension for Current Contract from June 2006 to June 2007 STAFF RECOMMENDATIONS; Approval TOTAL COST: $15.000 BUDGETED: Yes No COST TO COUNTY: $8,000 , SOURCE OF FUNDS: lL,;; ~,11))7 REVENUE PRODUCING: Yes L No ---L AMOUNT Per Month BIF CC 62520 Year APPROVED BY: County Atty OMB/Purchasing _ Risk Management DIVISION DIRECTOR APPROVAL: roski, Director of Growth Management\ ; l DOCUMENTATION: Included ---L Not Required DISPOSITION: AGENDA ITEM NO.: Pal McNeese Agenda Item per NWC onG.I2 .OG.dlX G/12/2006 3:06:00 PM MONROE COUNTY BOARD OF COUNTY COMMISSIONERS CONTRACT SUMMARY Contract \vith: Pat McNeese Contract # - -~ - -~~- Effective Date: 06/21/06 ~~~- Expiration Date: 06/30107 Contract Purpose/Description: Lignumvitae Key Submerged Land Management Area Boat Grounding Project Time Extension ~~ Contract Manager: George Garrett 2507 Marine Resources /1 ] (Name) (Ext.) (Department/Stop #) for BOCC meeting on 062106 Agenda Deadline: 060506 CONTRACT COSTS Total Dollar Value of Contract: $ 8,000 Budgeted? Yesk2J No 0 A.ccount Codes: Grant: $ 0 County Match: $ 8,000 Current Year Portion: $ _ 8,OOQm._...._....m 157-62520-530340-_-_ - - - - ~~~~~ - - - - ---~-~~ - -- ~~~~~ Estimated Ongoing Costs: $NNyr (Not included in dollar value above) ADDITIONAL COSTS For: NA (eg. maintenance, utilities, janitorial, salaries, etc.) CONTRACT REVIEW Changes Date In Needed Division Director Y esO No~ Date Out Risk Management YesO NoC1 O.M.BjPUr~as\fu~~ ~ County Attorney OMB Form Revised 2/27/01 MCP #2 AMENDMENT TO CONTRACT FOR SERVICES THIS CONTRACT AMENDMENT is entered into this 21" day of June, 2006 by - MONROE COUNTY, apoliti<:a1 subdivision -of the State of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter the BOCC or COUNTY, and Patricia L. McNeese, P.O. Box 450 Crystal River, Florida 34423 hereafter CONTRACTOR. Section 1. Section 34 of the CONTRACT is hereby amended to extend the termination date therein to June 21, 2007. Section 2. In all other respects, the CONTRACT for servi<:es, known as the Lignumvitae Key Submerged Land Management Area Boat Grounding Project, between Monroe County and Patricia McNeese and dated May 18,2005, remains in full force and effect IN WITNESS WHEREOF ea<:h party hereto has caused this Agreement to be executed by its duly autborized representative. (SEAL) Attest: DANNY L. KOLHAGE, CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chainnan (SEAL) Attest: P ATRlClA L. MCNEESE By, Titie____ 1211~' () ~)/} " 'I") By', V.-c ,,'fJ t' -- L C2./ Title...:2WJle.r I:?Y?I;C~ ,..~""f'.)I'1A' . -'- ') I' I - Con!Y&:-t with Patricia l'kNe.ese 5/:H/200t; 7:20 PM J () 'S~~ \~ AMENDMENT TO CONTRACT FOR SERVICES THIS CONTRACT AMENDMENT is entered into this _ day of , 2006 by MONROE COUNTY, a political subdivision of the state of Florida, whose address is 1100 Simonton Street, Key West, Florida 33040, hereafter the HOCC or COUNTY, and Patricia L. . McNeese, P.O. Box 450, Crystal River, Florida 34423 hereafter CONTRACTOR. I. Section 34 of the CONTRACT between the parties, dated June 20, 2005, is hereby amended to read as follo",'8: "Section 34. The effective date of this contract is June 20,2005. The termination date is June 21, 2007." 2. Exhibit A of the contract shall be amended to read as "Amended Exhibit A" attached hereto. 3. 111is Amendment is intended only to extend the term of the CONTRACT, in all other respects, the CONTRACT for services regarding the Lignuntvitae Key Submerged Land Management Area Boat Grounding Project, between Monroe County and Patricia McNeese and dated June 20, 2005, remains in full force and effect. IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly authorized representative. (SEAL) Attest; DANNY L. KOLHAGE, CLERK. By BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By Deputy Clerk Mayor Charles "Sonny" McCoy Date: Date: Patricia McNeese: Witness to Patricia McNeese By By Signature Signature Date: Print Witness Name Date: -\4 . d-... Amendment to Exhibit A. Lignumvitae Key Submerged Land Management Area Boat Grounding Project Scope of Work for Phases I and II Introduction The Lignumvitae Key Botanical State Park and Lignumvitae Key Aquatic Preserve cover an area that includes approximately 10,000 acres of submerged lands known as the Lignumvitae Key Submerged Land Management Area (LKMA). This area includes navigation channels and shallow flats that harbor sensitive marine resources including seagrasses and corals. This area is also an attractive and very active recreational destination for residents and visitors engaged in water.related activities such as fishing, boating and snorkeling. LKMA has employed several tools to manage visitors while providing for the protection of sensitive marine resources, especially over the past 10 years. These activities have included "no-motor zoning." education, enforcement. resource mapping, and injury restoration. Despite this activity, LKMA has experienced extensive damage to benthic resources as a result of boat groundings and propeller scarring. LKMA has tracked individual damage events, especially over the last 10 years, through entry into a database at the park. To assist them with future management strategies, PAT MCNEESE will perform compilation and analysis of the boat grounding event information in LKMA database accumulated through fiscal year 2003-2004. The data will be analyzed for trends in order to determine what future management actions might help to reduce groundings. Future management actions may include anything from specific area marking to target audience education. Monroe County has expressed interest in obtaining the results of such an analysis. Boat grounding injuries are occurring throughout the Keys and Monroe County is implementing similar management actions such as education and channel marking. Results of the data analysis would assist the County with planJ1ing of future management activities and provide a framework from which to evaluate grounding incidents. Finally, there is a desire among all marine resource agencies in the Key, including the Florida Keys National Marine Sanctuary (FK!\TMS) to achieve consistency and share information in the future with respect to recording of boat grounding events. This project will result in the analysis of past data from LKMA, the only entity with a long-term data base and it will result in a consistent and exchangeable format for future data sharing among the agencies. The project to be accomplished by PAT MCNEESE consists of four phases summarized as follows: Phase I - Data Needs Task I. Examine data and coordinate with staff on the past methods and context of entry. Task 2. List and organize questions to be answered about the data. Coordinate with resource agencies to obtain questions. Task 3. Determine methods of data analysis within and outside MS Access. Task 4. Normalize data and add necessary fields forMS Access analysis. Phase H - MS Access Data Analysis and Reporting Task 1. BuildMS Access queries. Task 2. Generate data and first draft report (results and discussion). Phase HI - Data Analysis Outside MS Access Task 1. Finalize methods of data analysis outside MS Access. Task 2. Reformat data to perform non-Access analysis. Task 3. Generate data and incorporate into final report. Phase IV - Future Use by Staff Task 1. Set up instructions for consistent future data entry and query runs. Task 2. Link data to ArcView GIS maps and set up for future entry. Tasks to be Completed This scope of work covers Phase I and Phase n tasks detailed below. Phase I. Data Needs Task 1. Initial Data Examination This task will involve acquisition of a complete data set from the LKMA data base and examination of the format and content of the data. Current and past LKMA staff who have entered data will be contacted to help clarifY any inconsistencies in past methods and format of data entry. During this task an attempt will be also be made to identiry potential strengths, weaknesses and degree of accuracy of specific data fields. A brief summary description of the data will be completed including such items as number of files and entries, field names and descriptions, etc. Deliverables: Summary description of spreadsheet data Fee: $800.00 Task 2. Study Goals This task will involve basically compiling a list of priority results we'd like to generate through analysis of the data, i.e., what questions we'd like answered. The data format and summary description will be compiled and supplied to an interagency group induding staff of Florida Department of Environmental Protection (FDEP) District 5 Parks and LKMA, FDEP Office of Coastal and Aquatic Management Areas (CAMA), Florida Keys National Marine Sanctuary (FKNMS), Monroe County and possibly law enforcement agencies. Comments and study questions will be solicited from these agencies in an organized format and then presented back in summary. A general approach to analysis of the data will be outlined at this point. Deliverables: Summary of agency data questions Outline of approach to data analysis Fee: $960.00 Task 3. MS Access Analysis The data spreadsheet is in Microsoft Word Access (MS Access) format. This task will involve determination of methods of data analysis within the MS Access format. Data in MS Access can be analyzed through a query building. Questions about the data that can be answered via query-building format will be identified. Changes in data format that are necessary to accommodate MS Access queries will also be identified. A summary will be provided. Deliverables: Summary of potential data analysis within MS Access framework Fee: $960.00 Task 4. Other Analysis Some of the study goals (questions) identified in Task 2 may require further statistical or other analysis beyond the capabilities of the MS Access program. These will be identified along with methods of analysis, if any are available. The appropriateness and completeness of the data for generating results under further analysis will also be evaluated. A summary will be provided. At this point, questions that cannot be answered due to data limitations will be identified and recommendations will be made on what new or changed data entry methods would be needed to answer these questions. Deliverables: Summary of potential data analysis outside MS Access framework Fee: $640.00 Task 5. Normalize Data for MS Access Analysis This task will essentially involve completion of all necessary formatting of the data for MS Access analysis. Deliverables: Reformatted MS Access spreadsheet data Fee: $1,100.00 Total Phase I: $4,460.00 Phase II - MS Access Data Analysis and Reporting Task 6. Build MS Access Queries This task will involve building of MS Access queries to answer question and generate results identified in Task 3. The result will be discrete and trend data (including charts and graphs where appropriate) resulting from the quenes. Deliverables: Raw data results from MS Access queries Fee: $1,100.00 Task 7. Generate Draft Report This task will involve compiling the results of the MS Access queries into a report. The report will include a history of project implementation up to this point, a presentation of results and discussion including interpretation of results. Deliverables: Draft report Fee: $2,440.00 Total Phase II = $3,540.00 Total for Phase I and Phase II Not to Exceed $8,000.00. day " a of the State of address is 1100 Simonton StreetJ Key West, Florida 33040, hereafter the BOCC or COUNTY, and Patricia L McNeese5 P.O. Box 450 Crystal River, Florida 34423 hereafter CONTRACfOR, Sedion 1$ Scope. The CONTRACfOR and the COUNIY, for the consideration named agree to complete a scope of work identified as the Lignumvitae Key Submerged Land Management Area Boat Grounding Project shown in Exhibit A, attached hereto and incorporated herein by reference. Section 2. ReporiiD.g. In consideration of the services described above, CONTRACfOR agrees to provide a report for each Phase of two phases of the project, as more particularly described in Exhibit A. Section 3~ , ~ymeD.t. The CONTRACTOR shall submit invoices for any single or multiple completed msk(s) within the Scope of Work provided in Exhibit A with documentation to satisfy the COUNTY Clerk of the completion of the and the COm"TTY pay according to the '~Deliverables'" in Prompt Payment Act. It be the Marine Resources staff to determine Contt1lCl with ~tric'ill McN_ 4126/:rooo 3:18 PM or part of a task deemed incomplete. Without further written amendment the tbeContract amount shall not exceed $8,000. Payment under this agreement is contingent upon annual appropriations of the Boec, Section 4. Contract Termination. Either party may terminate this Contract because of the failure of the other party to perform its obligations under the Contract If the COUNTY terminates this Contract because of the CONTRACTOR1s failure to perform, then the COUNTY must pay the CONTRACTOR the amount due for all work satisfactorily completed as determined by the COUNTY up to the date of the CONTRACTOR's failure to perform but minus any damages the COUNTY suffered as a result of the CONTRACTOR's failure to perform. The damage amount must be reduced by the amount saved by the COUNTY as a result of the Contract termination. If the amount owed the CONTRACTOR by the COUNTY is not enough to compensate the COUNTY, then the CONTRACI'OR is liable for any additional amount necessary to adequately compensate the COUNTY up to the amount of the Contract price. Section S. Reconls~ CONTRACTOR shall maintain all books, records, and documents directly pertinent to performance under this Agreement in Conttac! witb Patricia McNeese 4/2612005 3:18 PM principles Each party this Agreement or their authorized representatives shall have reasonable and timely access to such records of each other party to this Agreement for public records purposes during the term of the Agreement and for four years following the termination of this Agreement. If an auditor employed by the COUNTY or Clerk determines that monies paid to CONTRAcrOR pursuant to this Agreement were spent for purposes not authorized by this Agreement, the CONTRACTOR shall repay the monies together with interest calculated pursuant to Sec. 55.03, FS, running from the date the monies were paid to CONTRACTOR. Section 6. Employees Subject to COUNTY Ordinance Nos.. 010 and 020-1990. The CONTRACfOR warrants that it has not employed, retained, or otherwise had act on its behalf any fonner COUNfY 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. 020- 1990. For breach or violation of this provision, the COUNTY, in its discretion, may terminate this Contract without liability and may also, in its discretion, deduct from the Contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage gift, or consideration paid to the former COUNTY officer or employee. Cootnlct with Palricm McNeese 4/2612005 3:18 PM or on convicted vendor list fonowing a conviction for public entity crime may not submit a bidonarontrnct to provide any goods or services to apubUc entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a contractor, supplier, subcontractor, or CONTRACTOR under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes~ for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 8. Insurance. Prior to execution of this agree, the CONTRACTOR shall furnish the COUN1Y Certificates of insurance indicating the following coverages or in excess thereof: . Workers Compensation in the amount of statutory limits as specified in Florida Statutes 440. *' General Liability (Premises operations, blanket contractual~ expanded definition of property damage, products & completed operations, personal injury) with: $100,000 per Person; $300,000 per occurrence; and Omttact wiill Patricia McNeese 4!26t200S 3;18 PM @I and $25,000 damage or $100,000 combined single limit, @I Planner's Errom Omissions Liability with: $100,000 per Oc-eurrence; and $100,000 Aggregate. Section 9" CommunicatioD Between Parties. All communication between the parties should be through the following individuals or their designees : Monroe COUNTY CONTRACI'OR George Garrett, Director Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, FL 33050 Patricia L McNeese P.O. Box 450 Crystal River, Florida 34423 Section 10. Governmg Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida applicable to entirely in Section In the cause of action or administrative for or interpretation trJs Agreement, ~ witlt huici& MeW- 4,'26J2OOj 3:18 NJ: venue or appropriate administrative body in Monroe COUNTY, Florida. Section 12. Interpretation. The COUNTY and CONTRACTOR 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 submitted to mediation prior to the institution of any other administrative or legal proceeding. Section 13. Severability. If any term, covenant, condition or provision of this Agreement (or the application thereof to any circumstance or person) shall be declared invalid or unenforceable to any extent by a court of competent jurisdiction, the remaining terms, covenants, conditions and provisions of this Agreement, shall not be affected theIeby; and each remaining term, covenant, condition and provision of this Agreement shall be valid and shall be enforceable to the fullest extent permitted by law unless the enforcement of the remaining terms, covenants, conditions and provisions of this Agreement would prevent the accomplishment of the original intent of this Agreement. The COUNTY and CONTRACTOR agree to reform the Agreement to replace any stricken provision with a valid provision that comes as dose as possible to the intent of the stricken provision. Contract with PlIlricis McNeese 4fU,t1OO5 :US PM or or interpretation this Agreement, the prevailing party shall be entitled reasonable attorney's fees, court costs, investigative, and out-of=pocket expenses, as llil award against the non-prevailing party, and shall include attorney's fees, courts costs, investigative, and out-of-pocket expenses in appellate proceedings. Mediation proceedings initiated and conducted 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, Section 15" BiDding Effec~ The terms, covenants, conditions, and provisions this Agreement shall bind and inure to the benefit of the COUNTY and CONTRACTOR and their respective legal representatives, successors, and assigns. Section 16. Authority. Each party represents and warrants to the other that the execution, delivery performance of this Agreement have been duly authorized bv d' and corporate as required Section Federal or State Aid. The CONTRACTOR and empowered to apply for, ColPeUa with It'a!ricia MclW-~ 4f.26I2O(l5 3:113 PM provided that applications, requests, grant proposals, and funding solicitations shall be approved by each party prior to submission. Section 18. Adjudication of Disputes or Disagreements. The COUNTY and CONTRACTOR agree that all disputes and disagreements shall be attempted to be resolved by meet and confer sessions between representatives of each of the parties. If no resolution can be agreed upon within 30 days after the first meet and confer session, the issue or issues shall be discussed at a public meeting of the Board of COUNTY Commissioners. If the issue or issues are still not resolved to the satisfaction of the parties, then any party shall have the right to seek such relief or remedy as may be provided by this Agreement or by Florida law. Section 19. Cooperation. In the event any administrative or legal proceeding is instituted against either party relating to the formation, execution, performance, or breach of this Agreement? COUNTY and CONTRACTOR agree to participate, to the extent required by the other party, in all proceedings? hearings, processes, meetings, and other activities related to the substance of this Agreement or provision of the services under this Agreement. COUNTY and CONTRACTOR specifically agree that no party to this Agreement shall be required to enter into any arbitration proceedings related to this Agreement Contract with Patricia McNeese 412612005 3:18 PM that there no discrimination against any person, and it is expressly understood that upon a determination by aoourt 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. COUNTY or CONTRACTOR agree 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 VI of the Civil Rights Act of 1964 (PL 88-352) which prohibits discrimination on the basis of race, color or national origin; 2) Title IX of the Education Amendment of 1972, as amended (20 use 88. 1681..1683, and 1685-1686), which prohibits discrimination on the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended (20 use s. 794), which prohibits discrimination on the basis of handicaps; 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; The Public Health Service Act of 1912, SS. 523 and 527 Contract Mill Palricfu McH_ 4/2612005 3:18 PM SS, as alcohol and drug abuse patent records; VIII the Civil Rights Act of USGs,et seq.)~ as amended, relating to nondiscrimination in thesaleJ rental or financing of housing; 9) The Americans witb Disabilities Act of 1990 (42 use s. 1201 Note), as maybe amended from time to time, relating to nondiscrimination on the basis of disability; 10) Monroe County Code Chapter 13, Article VI, prohibiting discrimination on the basis of race, color, sex~ religion, disability, national origin, ancestry, sexual orientation, gender indentity or expression, familial status, or age; and 11) Any other nondiscrimination provisions in any Federal or state statutes which may apply to the parties to, or the subject matter of, this Agreement. Section 21. Covenant of No Interest. COUNTY and CONfRACfOR covenant that neither presently has any interest, and shall not acquire any interest, which would conflict in any manner or degree with its performance under this Agreement, and that only interest of each is to perform and receive benefits as recited in this Agreement. Section 22. Code of Ethics, COUNTY agrees that officers and employees of the recognize and will be required comply with the standards of conduct for public officers and employees as delineated in Section 112.313, Florida Statutes, regarding, but not limited to, solicitation or acceptance of ConQrlitl with Patricia McNeese 412612005 3:18 PM s or No COUNTY warrant that, in respect itself, it bas neither employed nor retained any company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for it, any fee~ commission, percentage, gift, or other consideration contingent upon or resulting from the award or making of this Agreement. For the breach or violation of the provision, the CONTRACTOR agrees that the COUNTY shall have the right to terminate this Agreement without liability and, at its discretion, to offset from monies owed, or otherwise recover, the fun amount of su.ch fee, commission, percentage, gift, or consideration. SectioD 24~ Public Acces~ The COUNTY and CONTRACtOR shall and reasonable access to, and inspection of, aU documents, or or or this CcmJ:fuei witlJ Palricia MeW- ~~3:UIPM violation this CONTRACfOR. SeCtiOD NODw W eiver. of Immumity. Notwithstanding he . provisions. of Sec. 286.28, Florida Statutes, the participation of the COUNTY and the CONTRAcrOR in this Agreement and the acquisition of any commercial liability insurance coverage, self-insurance coverage, or local government liability insurance pool coverage shall not be deemed a waiver of immunity to the extent of liability coverage, nor shall any contract entered into by the COUNfY be required to contain any provision for waiver. Section 266 Privileges and Immunities. All of the privileges and immunities from liability, exemptions from laws, ordinances, and rules and pensions and relief, disability, workers' compensation, and other benefits which apply to the activity of officers, agents, or employees of any public agents or employees of the COUNTY. when performing their respective functions under this Agreement within the territorial limits of the COUNTY shall apply to the same degree and extent to the performance of such functions and duties of such officers} agents, volunteers~ or employees outside the tenitoriallimits of the COUNTY. Section 21 ~ Legal Obligations and ResponsibiUties~ Non~Delegation Constitutional or Statutory Duties. This Agreement is not intended to~ nor shall Contract .with Pmricia McN_ 4126!2005 3:18 PM it or may the obligation or responsibility" Further, intended nor shaH it construed as~ authorizing the delegation of the constitutional or statutory duties of the COUNTY, except to the extent permitted by the Florida oonstitution~ state statute, and case law. Section 28. Non~Relianre by Non~Parties. No person or entity shaH be entitled rely upon the terms~ or any of them~ of this Agreement to enforce or attempt to enforce any third-party claim or entitlement to or benefit of any service or program contemplated hereunder, and the COUNTY and the CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or any agent~ officer, or employee of either shall have the authority to inform~ counsel, or otherwise indicate that any particular individual or group of individuals, entity or entitiesy have entitlements or benefits under this Agreement separate and apart, inferior or superior to the community in or CooillU;t wita P1L~.E Mc~ 4~3;18 PM as the a Public Statement, and a Drug-Free Workplace Statement. Section 30. NO' Personal Liability. No covenant or agreement contained herein shaH be deemed to be a covenant or agreement of any member, officer, agent or employee of Monroe COUNTY in his or her individual capacity, and no member, officer, agent or employee of Monroe COUNTY shall be liable personally on this Agreement or be subject to any personal liability or accountability by reason of the execution of this Agreement. Section 31. Execution in Counterparts. This Agreement may be executed in any number of counterparts, each of which shall be regarded as an original, all of which taken together shall constitute one and the same instrument and any of the parties hereto may execute this Agreement by singing any such counterpart. Section 32. Section Headings. Section headings have been inserted in this Agreement as a matter of convenience of reference only, and it is agreed that such section headings are not a part of this Agreement and will not be used in interpretation any provision of this Agreement Section 33. IndenmifylHold Harmless. Contractor agrees to indemnify and save COUNTY harmless from and against aU claims and actions and Contract with !'mid" McN= 4126/1005 3:1& I'M or from negligence agents, or employees IS services under. this Agreement.. However~Contractor shall not be liable for any claims, actions or expenses which arise from the negligent or intentional acts or omissions of the COUNTY" its agents or employees. The extent of liability is in no way limited to, reduced, or lessened by the insurance requirements contained elsewhere within this agreement. Section 34. The effective date of this Contract is . 2005 or upon signature of both parties. The termination date will be June 30, 2006. IN WITNESS WHEREOF each party hereto has caused this Agreement to be - . . . . /"executedbYits duly authorized representative. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By ,(~J# >n ~ Mayor/Chairman os-/lV" 'S (SEAL) Attest; PATRICIA L. MCNEESE By , Title e G/OZO/o5 By Title Comf>K'.l with Patricfu McNeese 4/26f2005 3:18 PM EXHIBIT A Lignumvitae Submerged Land Management Area Boat Grounding Project Corltm.c! willi Patricia MCNoore 4/26(>..005 3:18 PM IDtmdumon The Botanical State Park and Lignumvitae Key Aquatic Preserve cover an area that includes approximately 10,000 acres of submerged lands known as the Lignumvitae Key Submerged Land Management Area (LKMA). This area includes navigation channels and shallow flats that harbor sensitive marine resources including seagrnsses and corals. This area is also an attractive and very active recreational destination for residents and visitors en.gaged in water-related activities such as fishing, boating and snorkeling. LKMA has employed several tools to manage visitors while providing for the protection of sensitive marine resources, especially over the past 10 years. These activities have included &~no-motor zoning," education, enforcement, resource mapping, and injury restoration. Despite this a.ctivity, LKMA has experienced extensive damage to benthic resources as a result of boat groundings and propeller scarring. LKMA has tracked individual damage events, especially over the last 10 years, through entry into a database at the park. To usist them with future management strategies, LKMA will perform compilation and analysis of the boat grounding event information in its database accumulated through fiscal year 2003-2004. The data will be analyzed for trends in order to determine what future management actions might help to reduce groundings. Future management actions may include anything from specific area marking to target audience education. Monroe County has expressed interest in obtaining the results of such an analysis. Boat grounding injuries are occurring throughout the Keys and Monroe County is implementing similar management actions such as education and channel marking. Results of the LKMA data analysis would assist the Coooty with planning of future management activities a which Finally, there is a desire among aU marine resource agencies in the Key, including the (FKNMS) consistency with respect to recording of boat grounding events. of past from LK-MA} C~~P~Mc.!'i_ ~'5 3:18 PM '+ d a It a an for future data sharing among the agencies, Th.e project consists of four phases summarized as Phase I - Data Needs Task L Examine data and coordinate with staff on the past methods and context of entry , Task 2. List and organize questions to be answered about the data. Coordinate with resource agencies to obtain questions. Task 3. Determine methods of data analysis within and outside MS Access. Task 4. Normalize data and add necessary fields for MS Access analysis. Phase 11- MS Access Data Analysis and Reporting Task L Build MS Access queries. Task 2, Generate data and first draft report (results and discussion). Phase m - Data Analysis Outside MS Access Task 1. Finalize methods of data analysis outside MS Access. Task 2. Reformat data to perform non-Access analysis. Task 3. Generate data and incorporate into final report. Phase IV - Future Use by Staff Task 1. Set up instructions for consistent future data entry and query runs. Task 2. Link data to Arc View GIS maps and set up for future entry. Tasks to be Completed This scope of work covers Phase I and Phase II tasks detailed below. Phase I. Data Needs Contmct with Patricia McN_ 4{26J2005 3:18 PM This and examination entered past. methods. and identify specific data fields. including such etc, a complete data base content of data. past to clarify any inconsistencies in dataentry. During this an attempt wiUbealso strengths~ weaknesses and degree of accmacy of A brief summary description of the data will be completed as number of files and entries, field names and descriptions, Deliverables: Stmh-nary description of spreadsheet data Fee: $800.00 Task 2, Study Goals This task will involve basically compiling a list of priority results we'd like to generate through analysis of the data, Le., what questions we'd like answered. The data format and summary description will be compiled and supplied to an interagency group including staff of Florida Department of Environmental Protection (FDEP) District 5 Parks and LKMA, FDEP Office of Coastal and Aquatic Management Areas (CAMA), Florida Keys National Marine Sanctuary (FKNMS), Monroe County and possibly law enforcement agencies. Comments and study questions will be solicited from these agencies in an organized format and then presented back in summary. A general approacb to analysis of the data will be outlined at this point. DeIiverables: Summary of agency data questions Outline of approach to data analysis Fee: $960.00 Task 3. MS Access Analysis The data spreadsheet is in Microsoft Word Access (MS Access) format. This task will involve determination of methods of data analysis within the MS Access format. Data in MS Access can be analyzed through a query building. Questions about the data that can be answered via query-building format will be identified. data format are necessary MS Access queries win also be identified. A StLtnmary will be provided. Access Um!!1iM:t wri,b htrldii Mc~ 4!26!2005 3:1.8 PM Task 4" Other Analysis Some of the study goals (questions) identified in Task 2 may require further statistical or other analysis beyond capabilities the MS Access program~ These will be identified along with methods of analysis, if any are available. The appropriateness and completeness of the data for generating results under further analysis will also be evaluated. A summary will be provided. At this point, questions that cannot be answered due to data limitations will be identified and recommendations will be made on what new or changed data entry methods would be needed to answer these questions. Deliverables: Summary of potential data analysis outside MS Access framework Fee: $640.00 Task 5. Normalize Data for MS Access Analysis This task will essentially involve completion of all necessary formatting of the data for MS Access analysis. Deliverables: Fee: $1,100.00 Reformatted MS Access spreadsheet data Total Phase I: $4A60.00 Phase 11- MS Access Data Analysis and Reporting Task 6. Build MS Access Queries This task will involve building of MS Access queries to answer question and generate results identified in Task 3. The result will be discrete and trend data (including charts and graphs where appropriate) resulting from the queries. Deliverables: Raw data results from MS Access queries Fee: $1,100.00 Task 7. Generate Draft Report This task will involve compiling the results of the MS Access queries into a report The report will include a history of project implementation up to this point, a presentation of results and discussion including interpretation of results. Deliverables: Draft report ConlK&ct with l'atticia McNeese 4/26f2005 3:18 PM Total Phase II =: $3,540.00 Total for Phase land Phase II Not to Exceed $8,000.00, O:mttilcl: with PalrIci:; McNeese 4!26!2005 3:18 PM Cootnu:t with ~lricill McNeese 4/26!200S :3:18 PM Insurance Information