FY2010 10/21/2009 Agreement
ORIGINAL
SAP REFERENCE NO. q -> 00003 803
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600001916
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
MONROE COUNTY
DEe 0 8 2009
THIS AGREEMENT is entered into as of the by and between the
South Florida Water Management District (DISTRICT) and Monroe County (COUNTY).
WHEREAS, the DISTRICT is a public corporation of the State ,of Florida, created by
the Florida Legislature and given those powers and responsibilities enumerated in Chapter 373,
Florida Statutes, to include entering into contracts with public agencies, private corporations or
other persons; and
WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY for
the construction of Stormwater Management Systems at four sites; and
WHEREAS, the COUNTY warrants and represents that it has no obligation or
indebtedness that would impair its ability to fulfill the terms and conditions of this
AGREEMENT; and
WHEREAS, the Governing Board of the DISTRICT at its November 13,2009 meeting,
approved entering into this AGREEMENT with the COUNTY;
NOW, THEREFORE, in consideration of the covenants and representations set forth
herein and other good and valuable consideration, the receipt and adequacy of which is hereby
acknowledged, the parties agree as follows:
1. The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the
work set forth in Exhibit "A" attached hereto and made a part hereof, subject to
availability of funds and in accordance with their respective authorities for construction
of swales, ex-filtration trenches, and/or injection wells at Conch Key Fire Station No. 17,
Agreement No. 4600001916 - Page 1 of7
I ,
Stock Island Fire Station No.8, Marathon Sub-Courthouse, and Duck Key Wastewater
Treatment Plant Phase 11.
2. The period of performance of this AGREEMENT shall commence on the date of
execution of this AGREEMENT and shall continue for a period ofTen (10) Months.
3. The total DISTRICT contribution shall not exceed the amount of $250,000.00. The
DISTRICT shall make payment upon completion and acceptance of the deliverables as
described in the Payment and Deliverable Schedule set forth in Exhibit "B", which is
attached hereto and made a part of this AGREEMENT. The DISTRICT's contribution
is subject to adequate documentation to support actual expenditures within the not-to--
exceed AGREEMENT funding limitation of $250,000.00. In no event shall the
DISTRICT be liable for any contribution hereunder in excess of this amount. In the
event the COUNTY is providing a cost sharing contribution as provided for in paragraph
5 below, the COUNTY shall provide evidence that its minimum cost share has been met
for each invoice submitted. The subject cost share documentation shall be included with
each invoice. If the total consideration for this AGREEMENT is subject to multi-year
funding allocations, funding for each applicable fiscal year of this AGREEMENT will
be subject to Governing Board budgetary appropriation. In the event the DISTRICT
does not approve funding for any subsequent fiscal year, this AGREEMENT shall
terminate upon expenditure of the current funding, notwithstanding other provisions in
this AGREEMENT to the contrary. 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.
4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a
detailed accounting of all expenditures incurred hereunder throughout the term of this
AGREEMENT. The COUNTY shall report and document the amount of funds
expended per month during the quarterly reporting period and the AGREEMENT
expenditures to date within the maximum not-to-exceed AGREEMENT funding
limitation.
5. The COUNTY shall cost share in the total amount of $350,000.00 in conformity with the
laws and regulations governing the COUNTY.
6. All work to be performed under this AGREEMENT is set forth in Exhibit "A",
Statement of Work, which is attached hereto and made a part of this AGREEMENT.
The COUNTY shall submit quarterly progress reports detailing the status of work to date
for each task. The work specified in Exhibit "A" shall be under the direction of the
COUNTY but shall be open to periodic review and inspection by either party. No work
set forth in Exhibit "A" shall be performed beyond the expiration date of the
AGREEMENT, unless authorized through execution of an amendment to cover
succeeding periods.
7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for
services awarded through a competitive process required by Florida Statutes. The
COUNTY shall not subcontract, assign or transfer any other work under this
AGREEMENT without the prior written consent of the DISTRICT's Project Manager.
The COUNTY agrees to be responsible for the fulfillment of all work elements included
in any subcontract and agrees to be responsible for the payment of all monies due under
Agreement No. 4600001916 - Page 2 of7
any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall
not be liable to any subcontractor for any expenses or liabilities incurred under the
subcontract( s).
8. Both the DISTRICT and the COUNTY shall have joint ownership rights to 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 other party, its
subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A",
Statement of Work. Both parties' rights to deliverables received under this
AGREEMENT shall include the unrestricted and perpetual right to use, reproduce,
modify and distribute such deliverables at no additional cost to the other party.
Notwithstanding the foregoing, ownership of all equipment and hardware purchased by
the COUNTY under this AGREEMENT shall be deemed to be the property of the
COUNTY upon completion of this AGREEMENT. The COUNTY shall retain all
ownership to tangible property.
9. The COUNTY, to the extent permit~ed by law, assumes any and all risks of personal
injury, bodily injury and property damage attributable to negligeIlt acts or omissions of
the COUNTY and the officers, employees, servants and agents thereof. The COUNTY
represents that it is self-funded for Worker's Compensation and liability insurance,
covering bodily injury, personal injury and property damage, with such protection being
applicable to the COUNTY, its officers and employees while acting within the scope of
their employment during performance of under this AGREEMENT. In the event that
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 shall include a provision whereby the COUNTY's
subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless
from all damages arising in connection with the COUNTY's subcontract.
10. 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.
11. The parties to this AGREEMENT are independent entities and are not employees or
agents of the other parties. Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent entities, between the
DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or
after the term of this AGREEMENT. The parties to this AGREEMENT shall not
assign, delegate or otherwise transfer their rights and obligations as set forth in this
AGREEMENT without the prior written consent of the other parties. Any attempted
assignment in violation of this provision shall be void.
12. The parties to this AGREEMENT assure that no person shall be excluded on the
grounds of race, color, creed, national origin, handicap, age or sex, from participation in,
denied the benefits of, or be otherwise subjected to discrimination in any activity under
this AGREEMENT.
Agreement No. 4600001916 - Page 3 of7
13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable
federal, state and local laws and regulations relating to the performance of this
AGREEMENT. The DISTRICT 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.
14. Either party may terminate this AGREEMENT at any time for convenience upon thirty
(30) calendar days prior written notice to the other party. In the event of termination, all
funds not expended by the COUNTY for authorized work performed through the
termination date shall be returned to the DISTRICT within sixty (60) days of.
termination.
15. The COUNTY shall allow public access 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.
16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit
rights below. The COUNTY shall similarly require each subcontractor to maintain and
allow access to such records for audit purposes:
A. Maintenance of Records: The COUNTY shall maintain all financial and non-
financial records and reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including supporting documentation for any service
rates, expenses, research or reports. Such records shall be maintained and made available
for inspection for a period of five (5) years from the expiration date of this
AGREEMENT.
B. Examination of Records: The DISTRICT or designated agent shall have the right to
examine in accordance with generally accepted governmental auditing standards all
records directly or indirectly related to this AGREEMENT. Such examination may be
made only within five (5) years from the expiration date of this AGREEMENT.
c. Extended Availability of Records for Legal Disputes: In the event that the
DISTRICT should become involved in a legal dispute with a third party arising from
performance 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. All such records shall be made readily available to the DISTRICT.
17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the
COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 16
above, maintain records and similarly require each subcontractor to maintain and allow
access to such records in compliance with the requirements of the Florida State Single
Audit Act and the Federal Single Audit Act, as follows:
A. Maintenance of Records: The DISTRICT shall provide the necessary information to
the COUNTY as set forth in Exhibit "C". The COUNTY shall maintain all
financial/non- financial records through:
Agreement No. 4600001916 - Page 4 of7
(1) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial
Assistance (CSF A) or the Catalog of Federal Financial Assistance (CFDA), as
applicable
(3) Audit and accountability requirements for state projects as stated in the Single
Audit Act and
applicable rules of the Executive Office of Governor, rules of the Chief Financial
Officer and rules of the Auditor General and the State Projects Compliance
Supplement
(4) Audit/accountability requirements for federal projects as imposed by federal laws
and regulations
(5) Submission of the applicable single audit report to the DISTRICT, as completed
per fiscal year
B. Examination of Records: The DISTRICT or designated agent, the state awarding
agency, the state's Chief Financial Officer and the state's Auditor General and/or federal
awarding agency shall have the right, to examine the COUNTY's financial and non-
financial records to the extent necessary to monitor the COUNTY's use of state or
federal financial assistance and to determine whether timely and appropriate corrective
actions have been taken with respect to audit findings and recommendations which may
include onsite visits and limited scope audits.
18. All notices or other communication regarding this AGREEMENT shall be in writing and
forwarded to the attention of the following individuals:
South Florida Water Management District
Monroe County
Attn: Tom Genovese, Director
Telephone No. (305) 453-1275
Attn: Judith S. Clarke, P .E.,
Assistant County Engineer
Telephone No. (305) 295-4329
Attention: Rupert Giroux, Contract Specialist
Telephone No. (561) 682-2532
Address:
1100 Simonton Street
Key West, FL 33040
Address:
3301 Gun Club Road
West Palm Beach, FL 33406
19. Invoices, clearly marked "ORIGINAL", shall be sent to the attention of Accounts
Payable at the DISTRICT's address specified below. All invoices shall reference the
AGREEMENT and SAP Reference Numbers specified on page one of this
AGREEMENT. In addition, a copy of the invoice shall be sent to the attention of the
DISTRICT's Project Manager either at the address specified in paragraph 18 above or
via Facsimile (FAX) using the FAX number also specified above.
South Florida Water Management District
Attention: Accounts Payable
P.O. Box 24682
West Palm Beach, Florida 33416-4682
Agreement No. 4600001916 - Page 5 of7
20. COUNTY recognizes that any representations, statements or negotIatIons made by
DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship
unless they have been reduced to writing and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the benefit of and shall be binding upon
the parties, their respective assigns, and successors in interest.
21. This AGREEMENT may be amended, extended or renewed only with the written
approval of the parties. The DISTRICT shall be responsible for initiating any
amendments to this AGREEMENT, ifrequired.
22. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the
State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform
beyond their respective authority, nor does this AGREEMENT alter the legal rights and
remedies which the respective parties would otherwise have, under law or at equity.
23. Should any term or provision of this AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, COUNTY or circumstance during the term hereof, by
force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity
shall not affect any other term or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and in full force and effect to the extent
permitted by law.
24. Failures or waivers to insist on strict performance of any covenant, condition, or provision
of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or
remedies, nor shall it relieve the other party from performing any subsequent obligations
strictly in accordance with the terms 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 constitute a
continuing waiver unless the writing states otherwise.
25. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be
submitted jointly to the signatories of this AGREEMENT with each party agreeing to
seek in good faith to resolve the issue through negotiation or other forms of non-binding
alternative dispute resolution mutually acceptable to the parties. A joint decision of the
signatories, or their designees, shall be the disposition of such dispute.
26. This AGREEMENT states the entire understanding and agreement between the parties and
supersedes any and all written or oral representations, statements, negotiations, or
agreements previously existing between the parties with respect to the subject matter of this
AGREEMENT.
27. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the
following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 - 26
(b) Exhibit "A" Statement of Work
(c) Exhibit "B" Payment and Deliverable Schedule
(d) all other exhibits, attachments and documents specifically incorporated herein by
reference
Agreement No. 4600001916 - Page 60f7
IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute
this AGREEMENT on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
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SFWMD PROCUREM~T APPROVED
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Agreement No. 4600001916 - Page 7 of7
EXHIBIT "A"
STATEMENT OF WORK
Monroe County Stormwater Improvements Project
1.0 INTRODUCTION
Monroe County completed its Stormwater Management Master Plan (SMMP) in
the spring of 2001 and the Board of County Commissioners adopted the SMMP in
June of that year. The SMMP provides specific recommendations for a number
of projects and other general recommendations as it relates to County road
rights-of-way. As a result, the Board of County Commissioners passed
Resolution No. 501-2001, requiring that all future work on County rights-of-way
include stormwater improvements where practical and feasible. In addition,
Monroe County has adopted a stormwater ordinance for the purpose of
regulating water quality and water quantity for new development.
This Agreement identifies the location for four new stormwater management
projects for Monroe County: I the Conch Key Fire Station No. 17 on Conch Key;
II the Stock Island Fire Station No. 8 on Stock Island; III the Marathon Sub-
Courthouse in Marathon; and IV Duck Key Wastewater Treatment Plant Phase II
in Duck Key. The total cost to the District is $250,000 (Ad Valorem) of an
estimated overall project cost of $600,000.
2.0 SCOPE OF WORK
I. The County will construct a stormwater management system at the Conch Key
Fire Station No. 17 on Conch Key. The system will include the construction of
swales, exfiltration trenches and/or injection wells.
II. The County will construct a stormwater management system at the Stock
Island Fire Station No. 8 on Stock Island. The system will include the
construction of swales, exfiltration trenches and/or injection wells.
III. The County will construct a stormwater management system at the Marathon
Sub-Courthouse in Marathon. The system will include the construction of swales,
exfiltration trenches and/or injection wells.
IV. The County will construct a stormwater management system at the Duck Key
Wastewater Treatment Plant Phase II at Duck Key. The system will include the
construction of swales, exfiltration trenches and/or injection wells.
Page 1 of 5, Exhibit "A", Agreement 4600001916
3.0 WORK BREAKDOWN STRUCTURE
Task I. Conch Kev Fire Station No. 17
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches and/or
injection wells, grading and landscaping will be performed. The
COUNTY or its subcontractors will make site improvements in
accordance with standard engineering practices.
B. Site I~spection
1. At times agreeable to the DISTRICT and the COUNTY (County's
Professional Engineer), site inspections of the project will be made prior
to and at project completion. The purpose of these inspections will be
to allow the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County's Professional
Engineer and DISTRICT that the project is complete according to
engineering plans, will be a lump sum amount of $120,000 of which the
DISTRICT will fund $50,000.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the stormwater components. Said revisions
must be approved by the DISTRICT and be in general accord with the
purpose of the stormwater components of the project, to eliminate a
direct stormwater discharge to Outstanding Florida Waters.
Task II. Stock Island Fire Station No.8
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches and/or
injection wells, grading and landscaping will be performed. The
Page 2 of 5, Exhibit "A", Agreement 4600001916
COUNTY or its subcontractors will make site improvements in
accordance with standard engineering practices.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County's
Professional Engineer), site inspections of the project will be made prior
to and at project completion. The purpose of these inspections will be
to allow the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County's Professional
Engineer and DISTRICT that the project is complete according to
engineering plans, will be a lump sum amount of $230,000 of which the
DISTRICT will fund $95,000.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the stormwater components. Said revisions
must be approved by the DISTRICT and be in general accord with the
purpose of the stormwater components of the project, to eliminate a
direct stormwater discharge to Outstanding Florida Waters.
Task III. Marathon Sub-Courthouse Facilitv
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches and/or
injection wells, grading and landscaping will be performed. The
COUNTY or its subcontractors will make site improvements in
accordance with standard engineering practices.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County's
Professional Engineer), site inspections of the project will be made prior
to and at project completion. The purpose of these inspections will be
to allow the DISTRICT to verify that the project is proceeding.
Page 3 of5, Exhibit "A", Agreement 4600001916
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County's Professional
Engineer and DISTRICT that the project is complete according to
engineering plans, will be a lump sum amount of $50,000 of which the
DISTRICT will fund $15,000.
E. Project-Revisions
1. Based on constraints that may come up during project completion,
revision may be . made to the stormwater components. Said revisions
must be approved by the DIST~ICT and be in general accord with the
purpose of the stormwater components of the project, to eliminate a
direct stormwater discharge to Outstanding Florida Waters.
IV. Duck Key Wastewater Treatment Plant- Phase II
A. Site Improvements
1. In addition to the construction of swales, exfiltration trenches and/or
injection wells, excavation, grading and landscaping will be performed.
The COUNTY or its subcontractors will make site improvements in
accordance with standard engineering practices.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County's
Professional Engineer), site inspections of the project will be made prior
to and at project completion. The purpose of these inspections will be
to allow the DISTRICT to verify that the project is proceeding.
C. Project Deliverables
1. The COUNTY will provide quarterly updates on project progress.
These updates will include any physical reports and invoices provided to
the COUNTY by its subcontractors on the project.
D. Project Cost
1. The Project cost, upon certification by the County's Professional
Engineer and DISTRICT that the project is complete according to
Page 4 of 5, Exhibit "A", Agreement 4600001916
engineering plans, will be a lump sum amount of $200,000 of which the
DISTRICT will fund $90,000.
E. Project Revisions
1. Based on constraints that may come up during project completion,
revision may be made to the stormwater components. Said revisions
must be approved by the DISTRICT and be in general accord with the
purpose of the stormwater components of the project, to eliminate a
direct stormwater discharge to Outstanding Florida Waters.
4.0 LOCATIONS OF THE PROJECTS
I. The location of the project described in Task I is at 10 South Conch
Avenue on Conch Key.
II. The location of the project described in Task II is at Stock Island at
Mile Marker 7.
III. The location of the project described in Task III is at 3300 Overseas
Highway, Marathon Florida
IV. The location of the project described in Task IV is at Duck Key at mile
marker 61.5.
Page 5 of 5, Exhibit "A", Agreement 4600001916
EXHIBIT "8"
PAYMENT AND DELIVERABLE SCHEDULE
If the total consideration for this agreement is subject to multi-year funding
allocations, funding for each applicable fiscal year of this agreement will be
subject to Governing Board budgetary appropriation. In the event the District
does not approv~ funding for any subsequent fiscal year, this agreement shall
terminate upon expenditure of the current-funding, not withstanding other
provisions of this agreement to the contrary.
Task Task Description Deliverable Due Date Project Cost SFWMD
No. Not-to-Exceed
I Conch Key Fire Station Prooress Reoort 1/1/10 $30 ,000 $12,500
Conch Key Fire Station Prooress Reoort 4/1/10 .$30 ,000 $12,500
Conch Key Fire Station Prooress Reoort 6/1/10 $30,000 $12,500
Conch Key Fire Station Prooress Reoort 8/31/10 $30,000 $12,500
Total $120,000 $50,000
Task Task Description Deliverable Due Project Cost SFWMD
No. Date Not-to-Exceed
II Stock Island Fire Station Proaress Reoort 1/1/10 $57 ,500 $23,750
Stock Island Fire Station Prooress Reoort 4/1/10 $57 ,500 $23,750
Stock Island Fire Station Prooress Reoort 6/1/10 $57,500 $23,750
Stock Island Fire Station Prooress Reoort 8/31/10 $571_500 $23,750
Total $230,000 $95,000
Task Task Description Deliverable Due Date Project Cost SFWMD
No. Not-to-Exceed
III Marathon Courthouse Prooress Reoort 1/1/10 $12,500 $3,750
Marathon Courthouse Progress Report 4/1/10 $12,500 $3,750
Marathon Courthouse Progress Report 6/1/10 $12,500 $3,750
Marathon Courthouse Progress Report 8/31/10 $12,500 $3,750
Total $50,000 $15,000
Page 1 of2, Exhibit"B", Agreement 4600001916
Task Task Description Deliverable Due Date Project Cost SFWMD
No. Not-to-Exceed
IV Duck Key WWTP Phase 2 Progress 1/1/10 $50 ,000 $22,500
Reoort
Duck Key WWTP Phase 2 Progress 4/1/10 $50 ,000 $22,500
Reoort
Duck Key WWTP Phase 2 Progress 6/1/10 $50 ,000 $22,500
Reoort
Duck Key WWTP Phase 2 Progress 8/31/10 $50 ,000 $22,500
Reoort
Total $200,000 .$90,000
Page 2 of2, Exhibit"B", Agreement 4600001916
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