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Item O2 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: Mal'ch 21, 2001 Bulk Item: Yes No Division: County Attorney AGENDA ITEM WORDING: Approval of Interlocal Agreement with Florida International University for Water Quality Monitoring. ITEM BACKGROUND: Prior agreement with US Environmental Protection Agency contemplated entering into this agreement. PREVIOUS RaEV ANT BOCC ACTION: Approval May 18, 2000, of MOU with EPA which included a proviSion to enter into an agreement with FIU to pay $100,000 in TDC funds for water quality monitoring. CONTRACT/AGREEMENT CHANGES: STAFF RECOMMENDATIONS: Approval. TOTAL COST: $100,000 BUDGETED: Yes 1L- No COST TO COUNTY: $100.000 REVENUE PRODUONG: Yes No x AMOUNT PER MONTH_ Year APPROVED BY: County Atty..2L- OMB/Purchasing _ Risk Management - DlVISlON DIRECTOR APPROVAL'cSZ,?'"7~. ~ ~K DOCUMENTATION: Included x To Follow Not Required AGENDA ITEM # 1,02 WATER QUALITY MONITORING INTERLOCAL AGREEMENT TIllS AGREEMENT is entered by and between the BOARD OF COUNTY COMMISSIONERS of MONROE COUNTY, Florida (hereinafter referred to as the COUNTY), a political subdivision of the State of Florida, and FLORIDA INTERNATIONAL UNIVERSITY, for and on behalf of the Board of Regents (hereinafter referred to as FIU), a State agency, its assignees or successors. WITNESSETH: WHEREAS, The Local Option Tourist Development Act allows tourist development tax revenues to be spent, inter alia, for beach improvement, maintenance, renourishrnent, restoration, and erosion control, as well as to improve and maintain zoological parks; and WHEREAS, the Tourist Development Council (hereinafter referred to as IDC) IS an advisory board to the County; and WHEREAS, the COUNTY finds that there would be a primary purpose of promoting tourism to take action to insure that tourists can swim in the waters adjacent to local beaches; and WHEREAS, the COUNTY finds that maintaining or improving the water quality in areas of favorite dive and back country fishing spots is also in the nature of maintaining and improving the zoological park known as the Florida Keys Marine Sanctuary; and WHEREAS, water quality monitoring is imperative as a first step for ascertaining those actions necessary to maintain and improve water quality in the sanctuary, which ultimately affects the quality of water adjacent to local beaches of Monroe County; and WHEREAS, FlU is qualified to provide water quality monitoring services; and WHEREAS, Monroe County and FlU are authorized by Section 163.01, Florida Statutes, to enter into this interlocal agreement; and WHEREAS, Monroe County and the D.S Environmental Protection Agency entered into a Memorandum ofDnderstanding (hereinafter MOD) on May 18,2000; and WHEREAS, the COUNTY wishes to enter into this Agreement to further the purposes of the MOD; NOW THEREFORE, the parties do agree as follows: 1. TERM: The term of this Agreement is for a period of twelve (12) months effective June 1, 2000, and terminating May 31, 2001, subject to Section 7 herein. 2. SERVICES: FlU shall conduct comprehensive water quality monitoring of the Florida Keys National Marine Sanctuary including, but not limited to, the following: A. testing the chemical, physical, and biological integrity of the Sanctuary waters at a sufficient number of sampling stations and with sufficient frequency to assure that the water quality of the entire Sanctuary throughout one year is within the range of the study; B. the monitoring shall include assessments of the physical and biological integrity of coral and seagrass at or near the sampling sites; Provision of a report of the analyses of the water Quality monitoring tests to County, EP A and other appropriate government agencies, said reports to display the data in a manner conducive to making decisions about corrective actions and priorities which should be assigned thereto. 3. COMPENSATION: Monroe County shall compensate FIU in the amount of $100,000, to be paid in two installments of $50,000 each. Monroe County's performance and obligation to pay under this contract is contingent upon an annual appropriation by the BOCC. 4. BILLINGS: FIU shall submit to the Tourist Development Council (hereinafter IDC) Administrative Office an invoice for Services upon completion of the services required under this agreement. FIU shall also send to George Garrett, Marine Resources, 2798 Overseas Highway, Marathon, Florida 33050, a copy of the quarterly report, and Mr. Garrett's signature of acceptance shall be submitted to the County Finance Office before payment can be made. Said payments shall be sent by mail by COUNTY to the invoicing party. 5. LICENSES AND QUALIFICATION: FIU warrants that it is qualified to perform the services under this agreement and holds any licenses necessary for same. 6. INDEMNIFICATION AND HOLD HARMLESS: The parties to this agreement stipulate that each is a state governmental agency as defined by Florida Statutes and represents to the other that it has purchased suitable Public Liability, Vehicle Liability, and Workers' Compensation insurance, or is self-insured, in amounts adequate to respond to any and all claims within the limitations of Florida Statutes 768.28 and 440, arising out of the activities governed by this agreement Each party shall be responsible for any acts of negligence on the part of its employees, agents, contractors, and subcontractors, and shall, to the extent and limits provided by Section 768.28, F.S., defend, indemnify and hold the other party harmless from all claims arising out of such actions. 7. TERMINATION: RENEWAL: Either party shall have the right to cancel this Agreement at its sole discretion upon sixty (60) days written notice to the other party. FIU shall deliver to IDC and COUNTY all papers and other materials related to the work performed under this Agreement upon termination thereof County shall pay FIU only for such reimbursable expenses authorized prior to termination and a pro rata portion of the quarterly payment if termination occurs at a date other than the end of a quarterly period. If for any reason, funds are not appropriated in any fiscal year, FIU will be given fifteen (15) days notice of termination, and FIU will not be required to continue services or produce deliverables after the termination date. 8. APPLICABLE LAW: VENUE: This Agreement shall be governed by and construed according to the laws of the State of Florida and all actions brought under or pursuant to this Agreement shall be brought in a court of competent jurisdiction in Monroe County, Florida. 9. ENTIRE AGREEMENT: This writing embodies the entire Agreement and understanding between the parties hereto, and there are no other agreements or understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. Any amendment to this Agreement shall be in writing and signed by both the COUNTY and FIU. 10. LAWS AND REGULATIONS: It shall be understood and agreed that any and all services, materials and equipment shall comply fully with all Local, State and Federal laws and regulations. 11. TAXES: The Board of County Commissioners and IDC are exempt from Federal Excise and State of Florida Sales Tax. State Sales Tax and Use Tax Certificate Number is 03000 210354. 12. FINANCE CHARGES: The COUNTY and IDC, shall not be responsible for any finance charges. 13. ASSIGNMENT: FIU shall not assign, transfer, convey, sublet or otherwise dispose of this Agreement, or of any or all of its right, title or interest therein, of his or its power to execute such contract to any person, company or corporation without prior consent of the COUNTY. 14. OWNERSHIP: All work performed under the Agreement shall be the property ofFIU and the IDC and COUNTY shall have the right to publish or re-print any portion of the quarterly reports for whatever use and/or disposition they may deem appropriate. Such property shall include: a) all plans, documents and recommendations; b) All manuscripts, copy, graphics, and videotapes. The IDC and COUNTY shall have the full right to reproduce and/or use any products derived from FIU's work under the Agreement without payment of any royalties, or fees. 15, COMPLIANCE WITH LAWS - NONDISCRIMINATION: The firm shall comply with all federal, state and local laws and ordinances applicable to the work or payment for work thereof, and shall not discriminate on the grounds of race, color, religion, sex, age, or national origin in the performance of work under this Agreement. This Agreement shall be subject to all federal, state, and local laws and ordinances. 16. PUBLIC ENTITY CRIME STATEMENT: "A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for CATEGORY TWO for a period of36 months from the date of being placed on the convicted vendor list. " 17. NOTICE: Whenever notice is required by this Agreement to be given to either party, said notice shall be delivered to: For County: County Attorney P.O. Box 1026 Key West, FL 33041-1026 For Fill: Dr. Ronald D. Jones and/or Justo Torres SERC and Dept. of Biological Sciences Florida International University University Park, OE 148 Miami, FL 33199 FOR IDC: Lynda Stuart, Office Manager 1201 White Street, Suite 102 Key West, FL 33040 18. SEVERABILITY: If any provision of this Agreement shall be held by a Court of competent jurisdiction to be invalid or unenforceable, the remainder of this Agreement, or the application of such provision other than those as to which it is invalid or unenforceable, shall not be affected thereby; and each provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law. 19. BID REOUIREMENTS: Fill agrees to furnish the County and IDC with copies of bids of subcontractors. 20. ETIDCS CLAUSE: Fill warrants that no person has been employed or retained to solicit or secure this contract upon an Agreement or understanding for a commission, percentage, brokerage, or contingent fee and that no member of the Monroe County government or the IDC has any interest, financially or otherwise, in Fill or its subcontractors. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their names, and seals impressed hereon, by their proper officials, all as of the day and year first above written. (SEAL) Attest: Danny L. Kolhage, Clerk Board of County Commissioners of Monroe County Deputy Clerk Mayor/Chairman Florida International University for and on behalf the Board Of Regents Assistant APPROVED AS TO FOR~ AND Al SuFFI ~ BY ANNf A}iU'TiON 3 [jfLQ! - r,pt: ~I !