08/11/1999 Agreement C10250
. SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WITH:
Name: MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
COUNTY ADMINISTRATION
5100 College Road
Key West, FL 33040
Project Manager: David S. Koppel, P.E.
Telephone No: (305) 294-4641
Fax No: ()
Hereinafter referred to as: COUNTY
PROJECT TITLE: BOOT KEY HARBOR MARINA STORMWATER DEMONSTRATION PROJECT
Address:
This number must appear on all Invoices and Correspondence
C-I02S0
MlWBE Goal: 0%
COSTSHAR1NGINFO~TION
Total Project Cost: $ 100,000.00
COUNTY Contribution: $ 50,000
The following Exhibits are attached hereto and made a part of this AGREEMENT:
IN WITNESS WHEREOF. the authorized representative hereby executes this AGREEMENf on this date. and accepts all Terms and
Conditions under which it is issued.
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
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Accepted BY:~ ~~ ~ "- ~-.........\'" . \
Signature of Authorized Representative
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Exhibit" A" - Not Applicable
Exhibit "B" - General Terms and Conditions
Exhibit "C" - Statement of Work
Exhibit "D" - Payment and Deliverable Schedule
Exhibit "E" - Not Applicable
Exhibit "F" - Not Applicable
Exhibit "0" - Not A licable
TOTAL DISTRICT CONSIDERATION: $50,000.00
Multi-Year Funding (If Applicable)
FISC8l Year:
. Fiscal Year:
Fiscal Year:
*Subject to District Governing Board Aonual Budget Approval
AGREEMENT TERM: Six 6 Months
District Project Manager: Rhonda Haag
Telephone No: (305) 664-3888
Fax No. (305) 664-3887
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
Attention: Procurement Division
Title:
Date:
'-
Exhibit "H" - Insurance Requirements
Exhibit "I" - Not Applicable
Exhibit "J" - Not Applicable
Exhibit "K" - Not Applicable
Exhibit "L" - Not Applicable
Exhibit "M" - Engineering Design
AGREEMENT TYPE: Not-to-Exceed
Fiscal Year:
Fiscal Year:
Fiscal Year:
EFFECTIVE DATE: Last Date of Execution b the Parties
District Contract Administrator: .
Marilyn Ivory (561) 682-6381
Fax No.: (561) 682-6397 or (561) 681-6275
SUBMIT NOTICES TO THE COUNTY AT:
MONROE COUNTY BOARD OF
COUNTY COMMISSIONERS
COUNTY ADMINISTRATION
51 ()() College Road
Key West, FL 33040
Attention: David S. Koppel, P.E.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Accepted By:
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Date:
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8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
ARTICLE 1- STATEMENT OF WORK
1.1 The COUNTY shall. to the satisfaction of the
DISTRICT, fully and timely perform all worlc. itemS
described in the "Statement of Work, " attached hereto as
Exhibit "C" and made a part of this AGREEMENT.
1.2 As part of the services to be provided by the
COUNTY under this AGREEMENT, the
COUNTY shall substantiate, in whatever forum
reasonably requested by the DISTRICT, the
methodology, lab analytical examinations, scientific
theories, data, reference materials, and research
notes. The COUNTY shall also be required to
substantiate any and all work completed. including
but not limited to, work completed by subcontractors,
assistants~ models, concepts, analytical theories,
computer programs and conclusions utilized as the
basis for the final work product required by the
AGREEMENT. This paragraph shall survive the
expiration or termination of this AGREEMENT.
1.3 The parties agree that time is of the essence in
the perfonnance of each and every obligation under
this AGREEMENT.
ARTICLE 2 - COMPENSATIONI
CONSIDERATION
2.1 The total consideration for all work required
by the DISTRICT pursuant to this AGREEMENT
shall not exceed the amount as indicated on Page 1
of this AGREEMENT. Such amount includes all
expenses which the COUNTY may incur and
therefore no additional consideration shall be
authorized.
2.2 Notwithstanding the foregoing, the amount
expended under this AGREEMENT shall be paid in
accordance with, and subject to the multi-year funding
allocations for each DISTRICT fiscal year indicated on
Page 1 of this AGREEMENT. Funding for each
applicable fiscal year of this AGREEMENT is subject
to DISTRICT Governing Board budgetaIy
appropriation. In the event the DISTRICT does not
approve funding for any subsequent fiscal year, this
AGREEMENT shall tenninate upon expenditure of
the current funding, notwithstanding other provisions in
this AGREEMENT to the contraIy. The DISTRICT
will notify the COUNTY in writing after the adoption
of the final DISTRICT budget for each subsequent
fiscal year if funding is not approved for this
AGREEMENT.
2.3 The COUNTY assumes sole responsibility for
all work which is performed pursuant to the Statement
of Work, Exlubit "C". By providing funding hereunder,
the DISTRICT does not make any warranty, guaranty,
or any representation whatsoeVer regarding the
correctness, accuracy, or reliability of any of the work
performed hereunder.
2.4 The COUNTY by executing this
AGREEMENT, certifies to troth-in-negotiation,
specifically, that wage rates and other factual unit costs
supporting the consideration are accurate, complete, and
current at the time of contracting. The COUNTY
agrees that the DISTRICT may adjust the consideration
for this AGREEMENT to exclude any significant sums
by which the consideration was increased due to
inaccurate, incomplete, or non~ wage rates and
other factual unit costs. The DISTRICT sball make
any such adjustment within one (1) year following the
expiration or tennination of this AGREEMENT.
ARTICLE 3 - INVOICING AND PAYMENT
3.1 The COUNTY's invoices sball reference the
DISTRICT's Conttact Number and sball be sent to the
DISTRICT's address specified on Page 1 of this
AGREEMENT. The COUNTY sball not submit
invoices to any other address at the DISTRICT.
3.2 The COUNTY shall submit the invoices on a
completion of deliverable basis, pursuant to the
schedule outlined in the Payment and Deliverable
Schedule, attached hereto as Exhibit "0" and made a
part of this AGREEMENT. In the event the
schedule does not specify payment on a completion
of deliverable basis, all invoices shall be
substantiated by adequate supporting documentation
to justify hours expended and expenses incurred
within the not-to-exceed budget, including but not
limited to, copies of approved timesheets, payment
vouchers, expense reports, receipts and subcontractor
Page 1 of 9, Exhibit liB"
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. SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXlDBIT "B"
GENERAL TERMS AND CONDITIONS
invoices.
3.3 The DISTRICI' shall pay the full amount of the
invoice within thirty (30) days following DISTRICI'
acceptance of seIVices and/or deliverable(s) required by'
this AGREEMENT. However. fiillure by the
COUNTY to follow the foregoing instructions and
submit acceptable seIVices and or de1iverables(s) may
result in an unavoidable delay of payment by the
DISTRlCI'.
3.4 Unless otherwise stated herein. the
DISTRICT shall not pay for any obligation or
expenditure made by the COUNTY prior to the
commencement date of this AGREEMENT.
ARTICLE 4 - PROJECT MANAGEMENTI
NOTICE '
4.1 The parties shall direct all technical matters
arising in connection with the peIfonnance of this
AGREEMENT, other tban invoices and notices, to the
attention of the respective Project Managers specified on
Page 1 of the AGREEMENT for attempted resolution
or action. The Project Managers shall be respoDSlble for
overall COOIdination and <M:l'Sight relating to the
perfonnance of this AGREEMENT. The COUNTY
shall direct all administrative matters, including
invoices and notices, to the attention of the
DISTRICT's Contract Administrator specified on Page
1 of the AGREEMENT.
All fonnal notices between the parties under this
AGREEMENT shall be in writing and shall be deemed
received if sent by certified mail, return m::eipt
requested, to the respective addresses ~fied on Page
1 of the AGREEMENT. The COUNTY shall also
provide a copy of all notices to the DISTRICT's Project
Manager. All notices required by this AGREEMENT
shall be considered delivered upon receipt. Should
either party change its address, written notice of such
new address shall promptly be sent to the other party.
All correspondence to the DISTRICI' under this
AGREEMENT shall reference the DISTRICT's
Contract Nmnber specified on Page 1 of the
AGREEMENT.
ARTICLE 5 - INSURANCE
5.1 The COUNTY assumes any and all risks of
personal injwy, bodily injwy and property damage
attributable to the negligent acts or omissions of the
COUNTY and the offiCers, employees, servants, and
agents thereof. The COUNTY warrants and
represents that it is self-funded for Worker's
compensation and liability insurance, covering at a
minimum bodily injwy, personal injwy and property
damage with protection being applicable to the
COUNTY's officers, employees, servants and agents
while acting within the scope of their employment
during performance under this AGREEMENT.
The COUNTY and the DISTRICT further agree
that nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy
or defense available to such party under the laws of
the State of Florida; (2) the consent of the State of
Florida or its agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida
beyond the waiver provided in Section 768.28,
Florida Statutes.
5.2 In the event the COUNTY subcontracts
any part or all of the work hereunder to any third
party, the COUNTY shall require each and every
subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as
required by the COUNTY. Any contract awarded
by the COUNTY for work under this
AGREEMENT shall include a provision whereby
the COUNTY's subcontractor agrees to defend,
indemnify, and pay on behalf, save and hold the
DISTRICT hanDless from all damages arising in
connection with the COUNTY's subcontract.
ARTICLE 6 - TERMINATIONIREMEDIES
6.1 If either party fails to fulfi11 its obligations under
this AGREEMENT in a timely and proper manner, the
other party shall have the right to tenninate this
AGREEMENT by giving written notice of any
deficiency. The party in default shall then have ten (10)
calendar days from receipt of notice to correct the
deficiency. If the defaulting party fails to correct the
deficiency within this time, the non-defaulting party
Page 2 of 9, Exhibit "B"
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'SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXlDBIT "B"
GENERAL TERMS AND CONDITIONS
shall have the option to tenninate this AGREEMENT
at the expiration of the ten (10) day time period. Should
the DISTRICI' elect to tenninate for default in
aa:lOrdance with this provision, the DISTRICI' shall be'
entitled to recover reprocurement costs, in addition to all
other remedies under law and/or equity.
6.2 The DISTRICI' may terminate this
AGREEMENT with or without cause at any time for
convenience upon thirty (30) calendar days prior written
notice to the COUNTY. The perfonnance of work
under this AGREEMENT may be terminated by the
DISTRICI' in accordance with this clause in whole. or
from time to time in part, whenever the DISTRICI'
shall determine that such termination is in the best
interest of the DISTRICI'. Any such tennination shall
be effected by deliveJy to the COUNTY of a Notice of
Tennination specifying the extent to which perfonnance
of work under the AGREEMENT is tenninated, and
the date upon which such termination becomes e1f'ective.
In the event of tennination for convenience, the
DISTRICI' shall compensate the COUNTY for all
authorized and accepted deliverables completed through
the date oftennination in accordance with Exhibit "C",
Statement of Work. The DISTRICI' shall be relieved
of any and all future obligations hereunder, including
but not limited to lost profits and consequential
damages, under this AGREEMENT. The DISTRICI'
may withhold all payments to the COUNTY for such
work: until such time as the DISTRICI' determines the
exact amount due to the COUNTY.
6.3 If either party initiates legal action, including
appeals, to enforce this AGREEMENT, the prevailing
party shall be entitled to recover a reasonable attorney's
fee, based upon the fair market value of the seIVices
provided.
6.4 In the event a dispute arises which the project
managers cannot resolve between themselves, the
parties shall have the option to submit to non-
binding mediation. The mediator or mediators shall
be impartial, shall be selected by the parties, and the
cost of the mediation shall be borne equally by the
parties. The mediation process shall be confidential
to the extent permitted by law.
6.5 The DISTRICI' may order that all or part of the
work: stop if circumstances dictate that this action is in
the DISTRICT's best interest. Such circumstances may
include, but are not limited to, unexpected technical
developments, direction given by the DISTRICT's
Governing Board, a condition of immediate danger to
DISTRICT employees, or the possibility of damage to
equipment or property. This provision shall not shift
responSIbility for loss or damage, including but not
limited to, lost profits or consequential damages
sustained as a result of such delay, from the COUNTY
to the DISTRICI'. If this provision is invoked, the
DISTRICT shall notiJY the COUNTY in writing to
stop work as of a certain date and specify the reasons ~r
the action, which shall not be arbitrary or capricious.
The COUNTY shall then be obligated to suspend all
work: e1f'orts as of the e1f'ective' date of the notice and
until further written direction from the DISTRICI' is
received. Upon resumption of work:, if deemed
appropriate by the DISTRlCI', the DISTRICI' shall
initiate an amendment to this AGREEMENT to reflect
any cbanges to Exhibit "C", Statement of Work and/or
the project schedule.
6.6 The DISTRICI' anticipates a total project cost as
indicated on Page 1, with the balance of matching funds
and/or in-kind seIVices to be obtained from the
COUNTY in the amount as specified on Page 1 of this
AGREEMENT. In the event such COUNTY
matching funding and/or in-kind services becomes
unavailable. that shall be good and sufficient cause for
the DISTRICT to tenninate the AGREEMENT
pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTIONI
OWNERSHIP
7.1 The COUNTY shall maintain records and the
DISTRICT shall have inspection and audit rights as
follows:
A. Maintenance of Records: The COUNTY
shall maintain all financial and non-financial records
and reports directly or indirectly related to the
negotiation or perfonnance of this AGREEMENT
including supporting docwnentation for any service
Page 3 of 9, Exhibit "B"
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
rates, expenses, research or reports. Such records shall
be maintained and made available for inspection for a
period of five years from completing performance and.
receiving final payment under this AGREEMENT.
B. Examination of Records: The DISTRICT
or its designated agent shall have the right to examine
in accordance with generally accepted govemmentaI
auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may
be made only within five years from the date of fioaI
payment under this AGREEMENT and upon
reasonable notice, time and place.
C. Extended AvaiIability of Records for Le2al
Disoutes: In the event that the DISTRICT should
become involved in a legal dispute with a third party
arising from perfonnance under this AGREEMENT,
the COUNTY shall extend the period of maintenance
for all records relating to the AGREEMENT until the
final disposition of the legal dispute, and all such
records shall be made readily available to the
DISTRICT.
7.2 The DISTRICT shall retain exclusive title,
copyright and other proprietary rights in all work items,
including but not limited to, all documents, technical
reports, research notes, scientific data, computer
programs, including the source and object code,
which are developed, created or otherwise originated
hereunder by the COUNTY, its subcontractor(s),
assign(s), agent(s) and/or successor(s) as required by
the Exhibit "C", Statement of Work (the "Work").
In consideration for the DISTRICT entering into
this AGREEMENT, and other good and valuable
consideration the sufficiency and receipt in full of
which is hereby acknowledged by the COUNTY, the
COUNTY hereby assigns, transfers, sells and
otherwise grants to the DISTRICT any and all
rights it now has or may have in the Work (the
"Grant"). This Grant shall be seif-operative upon
execution by the parties hereto, however the
COUNTY agrees to execute and deliver to the
DISTRICT any further assignments or other
instruments necessmy to evidence the Grant, without
the payment of any additional consideration by the
DISTRICT. The COUNTY may not disclose, use,
license or sell any work developed, created, or
otherwise originated hereunder to any third party
whatsoever. This paragraph shall survive the
termination or expiration of this AGREEMENT.
7.3 The COUNTY represents and warrants that
proprietaIy software, if any, to be provided to the
DISTRICT by the COUNTY hereunder, as
specifically identified in Exhibit "C", Statement of
Work shall have been developed solely by or for the
COUNTY, or lawfully acquired under license from a
third party, including the right to sublicense such
software. The COUNTY shall include copyright or
proprietaIy legends in the software and on the label
of the medium used to transmit the software. The
COUNTY shall grant to the DISTRICT a
perpetual, non-transferable, non-exclusive right to
use the identified software without an additional fee.
The DISTRICT acknowledges that title to the
software identified in Exhibit "C" shall remain with
the Licensor.
7.4 Any equipment purchased by the COUNTY
with DISTRICT funding under this CONTRACT
shall be returned and title transferred from the
COUNTY to the DISTRICT immediately upon
termination or expiration of this AGREEMENT
upon the written request of the. DISTRICT not less
than thirty (30) days prior to AGREEMENT
expiration or termination. Equipment is hereby
defined as any non-consumable items purchased by
the DISTRICT with a value equal to or greater than
$500.00 and with a normal expected life of one (1)
year or more. The COUNTY will maintain any
such equipment in good working condition while in
its possession and will return the equipment to the
DISTRICT in good condition, less normal wear and
tear. The COUNTY will use its best efforts to
safeguard the equipment throughout the period of
perfonnance of this AGREEMENT. However the
DISTRICT will not hold the COUNTY liable for
loss or damage due to causes beyond the
COUNTY's reasonable control. In the event of loss
or damage, the COUNTY shall notify the
DISTRICT in writing within five (5) working days
of such occurrence.
7.5 The DISTRICT has acquired the right to use
certain software under license from third parties.
Page 4 of 9, Exhibit "B"
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SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
For purposes of this AGREEMENT, the
DISTRICT may permit the COUNTY access to
certain third party owned software on DISTRICT
computer systems. The COUNTY acknowledges the
proprietary nature of such software and agrees not to
reproduce, distribute or disclose such software to any
third party. Use of or access to such software shall
be restricted to designated DISTRICT owned
systems or equipment. Removal of any copy of
licensed software is prohibited.
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8.1 The COUNTY, its employees. subcontractors or
assigns. shall comply with all applicable federal. state.
and local laws and regulations relating to the
perfonnance of this AGREEMENT. The DISTRIC'f
undertakes no duty to ensure such compliance. but will
attempt to advise the COUNTY, upon request, as to any
such laws of which it has present knowledge.
8.2 The COUNTY hereby assures that no person
shall be discriminated against on the grounds of
race, color, creed. national origin, handicap, age, or
sex, in any activity under this AGREEMENT. The
COUNTY shall take all measures necessary to
effectuate these assurances.
8.3 The laws of the State of Florida shall govern all
aspects of this AGREEMENT. In the event it is
necessmy for either party to initiate legal action
regarding this AGREEMENT, venue shall be in the
Fifteenth Judicial Circuit for claims under state law and
in the Southern District of Florida for any claims which
are justiciable in federal court.
8.4 The COUNTY, by its execution of this
AGREEMENT, acknowledges and attests that neither
it. nor any of its suppliers. subconttactors. or consultants
who shall perfonn work which is intended to benefit the
DISTRIC'f is a convicted vendor or, if the COUNTY
or any aftiliate of the COUNTY has been convicted of a
public entity crime. a period longer than 36 months has
passed since that person was placed on the convicted
vendor list. The COUNTY further understands and
accepts that this AGREEMENT shall be either void by
the DISTRIC'f or subject to immediate tennination by
the DISTRIC'f, in the event there is any
misrepresentation or lack of compliance with the
mandates of Section 287.133, Florida Statutes. The
DISTRIC'f, in the event of such tennination, shall not
incur any liability to the COUNTY for any work or
materials furnished.
8.5 The COUNTY shall be responsible and liable
for the payment of all of its FICA/Social Security
and other applicable taxes resulting from this
AGREEMENT.
8.6 The COUNTY warrants that it has not
employed or retained any person, other than a bona fide
employee working solely for the COUNTY, to solicit or
secure this AGREEMENT. Further the COUNTY
warrants that is has not paid' or agreed to pay any
person, other than a bona fide employee working solely
for the COUNTY, any fee, commission, percentage,
gift, or other consideration contingent upon or resulting
from the awarding or making of this AGREEMENT.
For breach of this provision, the DISTRIC'f may
terminate this AGREEMENT without liability and, at
its discretion, deduct or otherwise recover the full
amolUlt of such fee, commission, percentage, gift, or
other consideration.
8.7 The COUNTY shall allow public aa:ess to all
project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the
COUNTY assert any exemptions to the requirements of
Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or
other relief as provided by law, shall be upon the
COUNTY.
8.7.1 Pursuant to Sections 119.07(3)(0), and
240.241 Florida Statutes, data processing software
obtained by an agency under a license
AGREEMENT which prohibits its disclosure and
which software is a trade secret, as defined in
Sections 812.081(c), Florida Statutes is exempt from
the disclosure provisions of the Public Records law.
However, the parties hereto agree that if a request is
made of the DISTRICT, pursuant to Chapter 119,
Florida Statute, for public disclosure of proprietary
property being licensed to the COUNTY (Licensee)
Page 5 of 9, Exhibit "B"
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8
. SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
hereunder. the DISTRICT shall advise the
COUNTY (Licensee) of such request and. as
between the DISTRICT and the COUNTY
(Licensee). it shall be the COUNTY's (Licensee's)
sole burden and respoDSlbility to immediately seek
and obtain such injunctive or other relief from the
Courts and to immediately serve notice of the same
upon the Licensor to protect the Licensor's claimed
exemption under the Statute.
8.8 The COUNTY shall make reasonable efforts
to obtain any necessary federal. state. local. and
other governmental approvals. as well as all
necessary private authorizations and pennits. prior to
the commencement of performance of this
AGREEMENT. A delay in obtaining pennits shall
not give rise to a claim by the COUNTY for
additional compensation. If the COUNTY is unable
to obtain all necessary pennits in a timely manner.
either party may elect to tenninate this
AGREEMENT. each party to bear its own costs.
notwithstanding other provisions of this
AGREEMENT to the contrary.
8.9 Pursuant to Section 216.347. F.S.. the COUNTY
is prolubited from the expenditure of any funds under
this AGREEMENT to lobby the Legislature, the
judicial branch. or another state agency.
ARTICLE 9 - RELATIONSIDP BETWEEN
THE PARTIES
9.1 The COUNTY shall be considered an
independent contractor and neither party shall be
considered an employee or agent of the other party.
Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent
contractor between the parties and their respective
employees. agents. subcontractors. or assigns during or
after the perfonnance on this AGREEMEN'r. Both
parties are free to enter into contracts with other parties
for similar services.
9.2 It is the intent and Wlderstanding of the Parties
that this AGREEMENT is solely for the benefit of the
COUNTY and the DISTRICf. No person or entity
other than the COUNTY or the DISTRICf shall have
any rights or privileges under this AGREEMENT in
any capacity whatsoever. either as third-party
beneficiaIy or otheIWise.
9.3 The COUNTY shall not assign. delegate, or
otheIWise transfer its rights and obligations as set forth
in this AGREEMENT without the prior written
consent of the DISTRICf. Any attempted assignment
in violation of this provision shall be void.
9.4 The COUNTY shall not pledge the
DISTRIcrs credit or make the DISTRlCf a
guarantor of payment or surety for any AGREEMENT.
debt, obligation. judgement. lien. or any form of
indebtedness.
9.5 The DISTRlCf assumes no duty with regard to
the supervision of the COUNTY and the COUNTY
shall remain solely respoIlSlble for compliance with all
safety requirements and for the safety of all persons and
property at the site of AGREEMENT performance.
ARTICLE 10 - M1WBE PARTICIPATION
10.1 The COUNTY hereby acknowledges that
no Minority and Women Business Enterprises
(WWBE) participation goal has been established for
this AGREEMENT; however. both parties agree to
provide the other advance notice of competitive
contracts that may result from this AGREEMENT
along with timelines for public notice and award of
such contracts. In the event subsequent competitive
contract awards do result in MlWBE participation.
such participation shall be reported to the other
party. Both the COUNTY and the DISTRICT will
ensure compliance with the provisions of their
respective program. laws. ordinances and policies
and will support the other's initiatives to the extent
allowed by law.
ARTICLE 11 - YEAR 2000 COMPLIANCE
In the event that the COUNTY's performance. as
required by this AGREEMENT. involves the use
and/or delivery of a software. firmware and/or
hardware product of any kind. the following
Page 6 of 9. Exhibit liB"
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. SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "U"
GENERAL TERMS AND CONDITIONS
language in this Article 11 shall apply:
11.1 COUNTY represents and warrants that the
software, firmware and/or hardware is designed to be'
used prior to, during, and after the calendar year
2000 A.D., and that the software, firmware and/or
hardware will operate during each such time period
without error relating to date data, specifically
including any error relating to, or the product of,
date data which represents or references multiple
centuries.
\
11.2 Without limiting the generality of the
foregoing, COUNTY further represents and
wanants: 1) that the software, finnware and/or
hardware will not abnonnally end or provide invalid
or incorrect results of date data, specifically
including date data which represents or references
multiple centuries; 2) that the software, firmware
and/or hardware has been designed to ensure Year
2000 Compliance, including, but not limited to, date
data century recognition. calculations which
accommodate same century and multiple century
fonnulas and date values, and date data interface
values that reflect the century; and 3) that the
software, firmware and/or hardware includes Year
2000 Compliance. For the purposes of this
AGREEMENT, Year 2000 Compliance also means
that the software, finnware and/or hardware will:
(i) manage and manipulate data involving
dates and leap year calculations, including single
century fonnulas and multi-century fonnulas, and
will not cause an abnonnally ending scenario within
the application or generate incorrect values or
invalid results involving such dates; and
(ii) provide that all date-related user interface
functionalities and data fields include the indication
of century.
11.3 Included as part of this Year 2000
Compliance Warranty, COUNTY shall provide to
the DISTRICT, at no additional charge with, (i)
fixes, corrections and updates to the software,
finnware and/or hardware that are necessary to
ensure Year 2000 Compliance as defined herein, and
(ii) advice, consultation and assistance to use the
software, finnware and/or hardware and diagnose
and correct Year 2000 Compliance problems that
may exist with either the software, finnware and/or
hardware, (Hi) and, if deemed necessary by the
DISTRICT, replacement software, firmware and/or
hardware which is compliant with this Year 2000
Compliance Warranty.
11.4 If this AGREEMENT involves the purchase
and/or license and/or receipt of a software, finnware
and/or hardware product of any kind previously
developed by the COUNTY or other third party, and
in the event fixes, corrections and updates of the
software are not technically feasible, the COUNTY
shall accept the return of the software, firmware
and/or hardware if this Year 2000 Compliance
Warranty is breached. and tenninate any and all
applicable Schedules and/or License Agreements.
Further, the COUNTY shall refund to the
DISTRICT the full amount of the License Fee
actually paid to the COUNTY for the software; and,
in the case of hardware return, the COUNTY shall
refund to the DISTRICT the full amount of the
hardware actually paid to the COUNTY by the
DISTRICT. In addition to the foregoing, the
COUNTY shall refund to the DISTRICT all
maintenance fees paid by the DISTRICT, if any, for
on-going support, new software releases and product
updates. All such refunds shall be made to the
DISTRICT. Notwithstanding any other provision in
the AGREEMENT to the contrary, the DISTRICT
hereby reserves all rights to obtain all remedies to
the fullest extent of the law, without any limitation
whatsoever, as may be detennined by a court of
competent jurisdiction (including damages and
equitable relief).
11.5 The tenn Year 2000 Compliance Warranty
shall mean, collectively, the warranties set forth
herein. This Article 11, in its entirety, shall survive
the expiration or tennination of this
AGREEMENT.
ARTICLE 12 - GENERAL PROVISIONS
12.1 Notwithstanding any provisions of this
Page 7 of 9, Exhibit "B"
Contract File:\County.doc 06/01/99
e
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
AGREEMENT to the contnuy, the parties shall not be
held liable for any failure or delay in the perfonnance of
this AGREEMENT that arises from fires, floods,
strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of
Government, riots, civil commotion, force rwgeure, act
of God, or for any other cause of the same character
which is unavoidable through the exercise of due care
and beyond the control of the parties. Failure to perfonn
shall be excused during the continuance of such
circumstances, but this AGREEMENT shall otherwise
remain in effect. This provision shall not apply if the
"Statement of Work" of this AGREEMENT specifies
that perfonnance by COUNTY is specifically required
during the occurrenc:e of any of the events herein
mentioned.
12.2 In the event any provisions of this
AGREEMENT shall conflict. or appear to conflict. the
AGREEMENT, including all exhibits, attachments
and all documents specifically incorporated by
reference, shall be interpreted as a whole to resolve any
inconsistency.
12.3 Failures or waivers to insist on strict performance
of any covenant, condition, or provision of this
AGREEMENT by the parties, their successors and
assigns shall not be deemed a waiver of any of its rights
or remedies, nor shall it relieve the other party from
perfonning any subsequent obligations strictly in
aa:ordance with the tenns of this AGREEMENT. No
waiver shall be effective unless in writing and signed by
the party against whom enforcement is sought Such
waiver shall be limited to provisions of this
AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision. No
waiver shall constiblte a continuing waiver unless the
writing states othenvise.
12.4 Should any tenn or provision of this
AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or
circwnstance during the tenn hereof, by force of any
statute, law, or niling of any forom of competent
jurisdiction, such invalidity shall not affect any other
tenn or provision of this AGREEMENT, to the extent
that the AGREEMENT shall remain operable,
enforceable and in full force and effect to the extent
pennitted by law.
12.5 This AGREEMENT may be amended only with
the written approval of the parties hereto.
12.6 This AGREEMENT states the entire under-
standing and AGREEMENT between the parties and
supersedes any and all written or oral representations,
statements, negotiations, or contracts previously existing
between the parties with respect to the subject matter of
this AGREEMENT. The COUNTY recognizes that
any representations, statements or negotiations made by
DISTRlCf staff do not suffice to legally bind the
DISTRlCf in a contIactual relationship unless they
have been reduced to writing and signed by an
authorized DISTRICf representative. This
AGREEMENT shall inure to the benefit of and shall
be binding upon the parties, thcir respective assigns, and
successors in interest.
ARTICLE 13 - SAFETY REQUIREMENTS
13.1 The COUNTY shall require appropriate
personal protective equipment in all operations
where there is exposure to hazardous conditions.
13.2 The COUNTY shall instruct employees
required to handle or use toxic materials or other
bannful substances regarding their safe handling
and use, including instruction on the potential
hazards, personal hygiene and required personal
protective measures. A Material Safety Data Sheet
(MSDS) shall be provided by the COUNTY to the
DISTRICT on each chemical product used.
13.3 The COUNTY shall comply with the
standards and regulations set forth by the
Occupational Safety and Health Administration
(OSHA), the Florida Department of Labor and
Employment Security and all other appropriate
federal, state, local or DISTRICT safety and health
standards.
13.4 It is the COUNTY's sole duty to provide safe
and healthful working conditions to its employees
and those of the DISTRICT on and about the site of
AGREEMENT performance.
Page 8 of9, Exhibit "B"
Contract File:\County.doc 06/01199
8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
13.5 The COUNTY shall initiate and maintain an
accident prevention program which shall include,
but . shall not be limited to, establishing and
supelVising programs for the education and training
of employees in the recognition, avoidance, and
prevention of unsafe conditions and acts.
13.6 The COUNTY shall erect and maintain, as
required by existing conditions and perfonnance of
the AGREEMENT, reasonable safeguards for safety
and protection, including posting of danger signs
and other warnings, against hazards.
13.7 The COUNTY shall take reasonable
precautions for safety of, and shall provide
reasonable. protection to prevent damage, iJUury, or
loss to:
13.7.1 employees on the work and other
persons who may be affected thereby; including
pedestrians, visitors, or traveling public;
13.7.2 the work, materials, and equipment to
be incorporated therein; whether in storage on or off
the site, under care, custody or control of the
COUNTY, or the COUNTY's subcontractors; and
13.7.3 other properties at the site or adjacent
thereto; such as trees, shrubs, lawns, walks, utilities,
pavement. roadways, structures, building, vehicles,
and equipment not designated for removal,
relocation or replacement in the course of work.
13.8 The COUNTY shall provide first aid selVices
and medical care to its employees.
13.9 The COUNTY shall develop and maintain an
effective fire protection and prevention procedures
and good housekeeping practices on the work site
throughout the AGREEMENT.
13.10 Emergencies: In emergency affecting safety
of persons or property on or about the site or as a
result of the work; the COUNTY shall act, timely
and with due diligence, to prevent threatened
damage, injwy, or loss.
13.11 Environmental: When the COUNTY,
COUNTY's subcontractors, or subcontractors, use
petroleum products, hazardous chemicals, or any
other chemicals used on or about the site, the
COUNTY shall be responsible for handling these
chemical constituents in accordance with federal,
state and local regulations during the terms of the
AGREEMENT. For accidental discharges or
releases onto the floor, air, ground, surface waters,
ground waters, it shall be the COUNTY's sole
responsibility to respond immediately to clean the
site, at his expense, to the complete satisfaction of
federal, state, local regulatory agencies and to the
DISTRICT requirements.
13.12 The DISTRICT may order the COUNTY to
halt operations under the AGREEMENT, at the
COUNTY's expense, if a cOndition of immediate
danger to the public and/or DISTRICT employees,
equipment. or property exist. This provision shall
not shift the responsibility or risk of loss for injuries
or damage sustained from the COUNTY to the
DISTRICT; and the COUNTY shall remain solely
responsible for compliance with all federal, state and
local safety requirements, provisions of this section,
and safety of all persons and property on or about the
site.
Page 9 of 9, Exhibit "B"
Contract File:\County.doc 06/01/99
EXHmIT "C"
STATEMENT OF WORK
1.0 INTRODUCTION
Boot Key Harbor in Marathon is a beautiful natural harbor well known to cruising and
resident sailors and power boaters. It is a deepwater, all-weather anchorage accessible to
Hawk channel and Florida Bay cruising areas. There are over 250 boats at anchor in the
harbor in the-peak of the winter season. It is visited by increasing numbers of recreational
boaters, sport fishermen, Iive-aboards, shore residents, and land tourists.
In July of 1997 Momoe County (the ''County'') purchased a marina on the harbor to be
operated and managed for the benefit of the community. The County hired the Marathon
Community Council (MCC) as the interim marina manager to begin necessary improvements
to the site. The MCC began operations at the marina in February 1999.
The marina currently provides basic services to boaters in the harbor such as dock space,
laundry facilities, restrooms, showers, mail pickup and delivery, etc. In the future, the MCC
and County envision the marina providing opportunities for water recreation, marine science
education, and vocational training. The County hopes that the Boot Key Harbor Marina will
serve as a focal point for revitalizing the greater Marathon area.
Boot Key Harbor has been identified as a water quality "hot spot" problem area by the Florida
Keys National Marine Sanctuary Water Quality Protection Program and by the South Florida
Water Management District (District). Water quality problems in the harbor are the result of
inadequate wastewater treatment fi1cilities for shoreside residences and businesses and for
liveaboard boaters. Stormwater runoffhas also been identified as contributing to the harbor's
water quality problems - as there are no storm water treatment systems for the majority of
developed land around the harbor.
The District and County are interested in installing a storm water system on the marina
property that will serve to catch and treat the stormwater from the site. Due to the size and
location of the site, an innovative system cannot realistically be installed. Therefore, the
approach recommended by technical experts from the County and the District, a vegetated
swale around the property, will be used. An educational component will be included to
inform the residents of Monroe County about pollution problems from stormwater and the
importance of stormwater manqgement and treatment.
2.0 SCOPE OF WORK
The County shall maintain a vegetated swale around the Boot Key Harbor Marina site.
Signage shall be installed illustrating how the stormwater system works and educating the
public on stormwater and the importance of stormwater management. The signage will
indicate that the District was a co-sponsor with the County on the stormwater system.
3.0 WORK BREAKDOWN STRUCTURE
Task A - The County shall complete the design and permitting for the installation of the
stormwater management system. The County shall use its own forces, and, if appropriate,
volunteer or a minimal amount of contract labor, to construct and install the system. The
design is attached as Exhibit "B". Any changes to this design shall be submitted to the
District for approval, prior to any installation or construction activity.
Task B - The County shall mobilize, begin construction and construct the stormwater
management _system.
Task C - The County shall include an educational component, which will include signage at
the site describing the stormwater system. The District shall be named as a co-sponsor of the
project. The signage design shall be submitted to the District for approval prior to installation.
Task D - Upon completion, the County shall submit a final status report, along with pictures
of the project. The County shall properly maintain the property upon completion.
4.0 LOCATION OF THE PROJECT
The Project is located on Vaca Key, Marathon, Monroe County, Florida.
EXHIBIT "D"
PAYMENT AND DELIVERABLE SCHEDULE
TASK DELIVERABLE
DUE DATE
A.
Completion of design and
August 15, 1999
permitting. Construction drawing(s).
B.
First construction status report
September 30, 1999
C.
Signage designs
October 30, 1999
D.
Final construction status report
and pictures of the project, including signs.
November 30,1999
THE TOTAL COST ESTIMATE IS $100,000. The District's share shall not exceed
50% of the total cost, or $50,000.00, whichever amount is smaller.
EXHIBIT "H"
INSURANCE REQUIREMENTS
In accordance with Article 5 of this CONTRACT, the information listed in this Exhibit "H" defines the
various types and limits of insurance the CONTRACTING PARTY is required to maintain during
performance of work identified under the applicable Statement of Work for the term of this
CONTRACT.
Unless otherwise soecified. the DISTRICT shall be named and included as an additional
insured under all reauired insurance oolicies. excludina workers' comoensation and
orotessionalliability. The DISTRICT shall also be identified as the certificate holder on all
certificates ot insurance. The general liability, automobile liability and all other coverages, as
appropriate, shall be no more restrictive than the latest editions of the Insurance Services Office (ISO).
Each line of coverage and specific endorsements are the types of insurance required. The minimum
limit of insurance required is also identified. The limit is "per occurrence", combined single limit for
personal injury, bodily injury and property damage. The DISTRICT may require a separate project
aggregate depending on the type of work being performed. The applicable Contract Number and
designated Contract Administrator identified on the cover page of this CONTRACT shall also be
specified on the Certificate.
GENERAL LIABILITY
COMPREHENSIVE FORM
PREMISEs/OPERATIONS
PRODUCTs/COMPLETED
CONTRACTUAL
INDEPENDENT CONTRACTORS
BROAD FORM PROPERTY
PERSONAL INJURY
OCCURRENCE FORM
WORKERS COMPENSATION AND EMPLOYERS LIABILITY
$100,000
Coverage: Statutory
Umit: $100,000 each accident
$500,000 disease policy limit
$100,000 dlsease-each employee
Page 1 of 1, Exhibit "H", Contract C-10250
0.. O~~y ~o~!!~E
(305) 294-4641
Monroe County Risk Management
.5100 College Road
Key West, FL 33040
. (305)292-4542 Voice
(305)295-4364 Fax
(-.'''-- BOARD OF COUNTY COMMISSIONERS
.."'1 ~~ MAYOR Wilhelmina Harvey, District 1
.., Mayor Pro tern Shirley Freeman, District 3
George Neugent, District 2
Nora Williams, District 4
Mary Kay Reich, District 5
.
September 24, 1999
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, FL 33406
A TIN: Procurement Division
Re: Stormwater System
Marathon Marina
Dear Sir/Madam:
Please be advised that Monroe County is a subdivision of the State of Florida and therefore is
subject to State Statute 768.28.
We are selfinsured for General Liability in the amount of $ 100,000.
We are self-insured for Workers Compensation in the amount of $250,000.
We then have excess liability with the Florida League of Cities through Florida Municipal
Insurance Trust (FMIn in the amount of $5,000,000.
Should you require anything further, please feel free to contact the undersigned.
Sincerely,
a.~.~~
A. Wayne Robertson
Risk Manager
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. DA TE. . '., REVISION MADE BY
DRA'W!'B,Y:: ...' "..' : ACAD FILE NAMe:
'R.eoe~~h$poul~ing MAMARINA.DWG"
CHECKEO BY: '. , DA TE:
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MARATHON MARINA
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MONROE COUNTY, FLORIDA
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