Agreement 4600001136 it V
ORIGINAL
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•• • SOUTH FLORIDA WATER MANAGEMENT DISTRICT
LOCAL GOVERNMENTAL AGREEMENT
AGREEMENT NO. 4600001136
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
MONROE COUNTY
THIS AGREEMENT is entered into as of the JAN 0 8 2008 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 to conduct
stormwater improvement projects;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 15, 2007 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:
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 to construct swales, exfiltration trenches and/or injection wells, grading, and
landscaping on Big Pine Key; upgrade stormwater system at Prado Circle to include an elevated stand pipe
and stormwater pumping station; and identify and evaluate opportunities to improve stormwater
management throughout the County.
2. The period of performance of this AGREEMENT shall commence on the date of execution of this
AGREEMENT and shall continue for a period of One(I)Year.
3. The total DISTRICT contribution shall not exceed the amount of Five Hundred Thousand Dollars and No
Cents ($500,000.00). The DISTRICT will provide the full amount based on 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 S500,000.00. In no event shall
the DISTRICT be liable for any contribution hereunder in excess of this amount 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
Agreement No. 4600001136-Page 1 of 5
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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
Im u ration.
5. The COUNTY shall cost share in the total amount of Five Hundred Thousand Dollars and No Cents
($500,000.00)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.
r. 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 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 pemdtted by law, assumes any and all risks of personal injury, bodily injury
and property damage attributable to negligent 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
Agreement No.4600001136-Page 2 of 5
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.
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.
I?. 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 116 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:
(I) Identification of the state or federal awarding agency, as applicable
(2) Project identification information included in the Catalog of State Financial Assistance(CSFA)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
Agreement No.4600001136-Page 3 of 5
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(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
Attu: Cecelia Weaver, Project Manager Attn: Liz Wood,Sewer Program Administrator
Telephone No. (305)853-3219 Telephone No. (305)292-4525
Attn:Rupert Giroux,Contract Specialist
Telephone No. (561) 682-2532
Address: Address:
P.O.Box 24680 1100 Simonton Street
3301 Gun Club Road Key West,FL 33040
West Palm Beach, FL 33416-4680
Invoices shall be sent to the attention of Accounts Payable at the District's address above.
19. 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.
20. 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, if required.
21- 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.
22. 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.
23. Failures or waivers to insist on strict perfomtance 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.
24. 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.
Agreement No.46000/)1136-Page 4 of 5
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25. 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.
26. Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order:
(a) Terms and Conditions outlined in preceding paragraphs 1 —24
(b) Exhibit"A"Statement of Work
(c) all other exhibits,attachments and documents specifically incorporated herein by reference
IN WITNESS WHEREOF, the panes or their duly authorized representatives hereby execute this AGREEMENT
on the date first written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING
BOARD
Frank I lavden. Director of-Procurement
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By: C EN
Date: I "s6
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MONROE COUNTY
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By
Mayor
Title:
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MONROE COUNTY ATTORNEY IC re0" > L it. any /
PPR V AS TO FORM: '`E-
CHRISTI M. IMBERT-BARROWS tuaturf it C 1 9 ZOO?
ASSIETANLCO/NTy ATTORNEY
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Agreement No.4600001136-Page 5 of 5
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 locations for three new stormwater management
projects for Monroe County: I. the Big Pine Key Community Park on Big Pine
Key, II. The Prado Circle Stormwater Improvements Project on Big Coppitt Key
and III. Identifying and Evaluating Future Stormwater Improvement Projects. The
total not-to-exceed cost to the District for the three projects is $500,000.00 of an
estimated overall project cost of $1,000,000.00.
2.0 SCOPE OF WORK
I. The County will construct a stormwater management system at the Big Pine
Key Community Park on Big Pine Key. The system will include the construction
of swales, exfiltration trenches and/or injection wells.
II. Monroe County installed two catchbasins and one 16-inch gravity well at
Prado Circle in 2001 . The County will construct upgrades to the existing
stormwater management system at Prado Circle. The upgrades will include an
elevated stand pipe and stormwater pumping station that is designed to increase
the capacity of the existing gravity drainage well.
Ill. This project involves identification and evaluation of opportunities to install
new or to upgrade existing stormwater management facilities in conjunction with
planned sanitary sewer and road way improvement projects. The County will
obtain professional engineering services to identify stormwater management
improvement opportunities that may be performed in conjunction with planned
County projects at various locations in Monroe County.
Page 1 of 4.Exhibit"A", Agreement 4600001136
. 6, J
3.0 WORK BREAKDOWN STRUCTURE
Task I. Big Pine Key Community Park
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 under the direction of
the County Engineer.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
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 Engineer and
DISTRICT that the project is complete according to engineering plans,
will be a lump sum amount of $450,000.00 of which the DISTRICT will
fund a not-to-exceed amount of $225,000.00.
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. Prado Circle, Biq Coppitt Key
A. Stormwater Facility Improvements
1. The proposed improvements to the existing catchbasins and gravity
drainage well include construction of an elevated stand pipe and
pumping station. These improvements will increase the driving head of
the stormwater, which will increase the capacity of the drainage well.
Page 2 of 4, Exhibit"A", Agreement 4600001136
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Construction will be performed in accordance with standard engineering
practices under the direction of the County Engineer.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County
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 Engineer and
DISTRICT that the project is complete according to engineering plans,
will be a lump sum amount of $400,000.00 of which the DISTRICT will
fund a not-to-exceed amount of$200,000.00.
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. New Stormwater Management Systems
A. Project Identification and Evaluation
1. The County's contractor will review planned sanitary sewer projects
and road improvement projects to identify and evaluate opportunities to
improve stormwater management through out the County. The scope of
work will include site visits so that recommendations and associated cost
estimates can be provided.
2. Potential improvements may include constructing exfiltration trenches
and/or swales, injection wells, and resurfacing asphalt pathways and
road surfaces to direct stormwater flow to adjacent trenches/swales.
B. Project Deliverables
Page 3 of 4, Exhibit"A", Agreement 4600001136
*40
1. The County's contractor will provide reports that will contain project
specific stormwater management recommendations and cost estimates.
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.
C. Project Cost
1. The Project cost, upon certification by the County Engineer and
DISTRICT that the project is complete according to engineering plans,
will be a lump sum amount of $150,000.00 of which the DISTRICT will
fund a not-to-exceed amount of $75,000.00
D. Project Revisions
1. Based on constraints that may come up during the project, revisions
may be made to the scope of services. Any 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 the end of Sands
Road on Big Pine Key.
II. The location of the project described in Task II is in Prado Circle on Big
Coppitt Key.
III. The work described in Task III will be performed at various locations
within the County's rights of way.
Page 4 of 4,Exhibit"A", Agreement 4600001136
4.0
• EXHIBIT "B"
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 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.
Task Task Description Deliverable Due Date Project Cost SFWMD
No. _ Not-to-Exceed
I Bi• Pine Key Park Progress Report 1/1/08 $112 500.00 $56 250.00
Bi• Pine Key Park Progress Report 4/1/08 $112 500.00 $56 250.00
Bi. Pine Key Park Progress Report 7/1/08 $112,500.00 $56,250.00
Bi. Pine Key Park Progress Report 10/1/08 $112,500.00 $56,250.00
Total $450 000.00 $225 000.00
Task Task Description Deliverable Due Project Cost SFWMD
No. Date Not-to-
Exceed
II Prado Circle Progress 3/1/08 $200,000.00 $100,000.00
Upgrades Report
Prado Circle Progress 6/1/08 $200,000.00 $100,000.00
Upgrades Report
Total $400,000.00 $200,000.00
Task Task Description Deliverable Due Date Project Cost SFWMD
No. Not-to-
Exceed
III. Stormwater Evaluation 9/1/08 $150,000.00 $75,000.00
Improvements Report
Total $150,000.00 $75,000.00
Panc 1 of 1 Fxhihit"R" Anrenment 4600001136
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