Item J22
Add-On
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 17 July 2002
Division:
Growth Management
Bulk Item: Yes X
No
Department: Marine Resources
AGENDA ITEM WORDING:
Approval of a grant agreement between Monroe County and the South Florida Water Management
District (SFWMD) to provide the County up to $800,000 in funds for stormwater management
improvements on County's roadways and the resolutions for the transfer of funds and for the receipt of
unanticipated revenue.
ITEM BACKGROUND:
This grant agreement will provide up to $800,000 in funds to make stormwater improvements along
the County's roadways. The grant requires a 50 percent match which will be made up from existing,
budgeted gas tax revenues (Public Works). Thus, this grant will offset the need to utilize gas tax
revenues by up to $800,000. Otherwise the entire cost of such necessary and planned improvements
would have been borne by the County. The Department of Marine Resources will administer the grant
while the funds are utilized by Public Works on five or six programmed road projects from Key West
to Key Largo (Key West, Stock Island, (2) Big Pine Key, and Key Largo).
PREVIOUS REVELANT BOCC ACTION: None
CONTRACT/AGREEMENTCHANGES: NA
STAFF RECOMMENDATIONS: Approval
TOTAL COST:
Approx. $1.6 M
BUDGETED: Yes X
No
COST TO COUNTY:
Approx. $800,000
REVENUE PRODUCING: Yes
No X AMOUNT PER MONTH
Year
APPROVED BY: County Atty ~
Risk Management _X_
DIVISION DIRECTOR APPROVAL:
h~
ector of Growth Management
DOCUMENTATION:
Included X
To Follow
Not Required_
AGENDA ITEM # U1.2.
DISPOSITION:
vU~-I~-llJ~ 1,*.101 ,,"-lo.J....J...U...."'V.... wv...P....~ '........'-I.M~.......\.I
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MONkOE (;CUNTY ~OARD OF COUNTY COMMISSIONERS
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CoIttKt Manager:
-
Effective Date:
Expiration Date:
for BOCC meeting OD
Agenda D~1iae:
CPNTRACT COSTS
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Tottl Dollar Value ofCouttact: sct:l~MJ,,~ Cuncnt Year Portion: S ~4Ifd
BudgeIod?YesfiI NoD ~~as-~g~.:2_tW9(t ~
Gnnt: S ~() l 07)i) - ~ 1'3S-ad!Rll....:;~ ~~ /,asrl to
ComtyMitC:$ tl/~4~?~ 1$~5il!:L-S/6JI#. - ~~l~ rl).
. . V~ .. . -~~{"~ N)
ADDITIONAL COSTS 'I
Estimated Ongoing Cosls: $ /Iyr I For: ~
(NCII iDchadcd iu dalJar valw: above) ! (eg. maintenlnee. uhlitias,jlDiturial. alarica, ale.)
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CdNTRACT REVlEw
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Changes
Date In Nee~d.-./
c.lS'-O l.--y cso ~oLJ
~ YesO~o6
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Date Out
Div: sion Director
7. C<;).lJ1,
Risk Msnagemcnt
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O.t.f.BJPUTChasing y csO ~o8'
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County Attomey 8 - u -~2y esO ro
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Comments: I
ONB Fonn Revised 2/27101 MCP 1#2
ResolutioD No.
- 2002
A RESOLUTION CONCERNING THE RECEIPT OF UNANTICIPATED FUNDS
WHEREAS. it is necessary for the Board ofCounry Commissioners of Monroe Counry. Florida, to increase items to account
for unanticipated funds in the Monroe COlUlty Budget for the Fiscal Year 2002, now therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, that the
following accoums of the Monroe CoUDty Budget for the Fiscal Year 2002 be lInd the same is hereby increased by the amount
hereinafter set forth:
FUDd #1 ~ GovemmcDml FUDd Type Grants
Cost Centcr ## n524- SFWMD GraDt- Stormwater
Project # R02024- Bil PiDC X - SFWMD Stormwater
Projec:t II ROlOl5- Stoek Island Rds U- SFWMD Stormwater
Project t# R0102~ Key 1.81'10 ~ds- SFWMD Srol1Dwater
Project ## R02027- Palm Ave.ate- SFWMD Stormwater
OfcllDiy #1013- Patbllc Works
RevcDue:
11S-22!24-3373OOCP-R0.2024
12S-22524-381101GT -R02024
1%S-22!24-337JOOCP-R0202S
12S-11514-38II01GT -R02025
I 25-22524-3373OOCP-ROl0.26
12S-21514-381 IOlGT -ROl02'
115-22524-3373OOCP-R020n
125-22S24--381102GT-R02017
Local Grants- Pby Eny
Traasfer from Fnad 102
Local G....ts- Pby En"
Tn..fer from 'uad 101
Local GraBts- Pby Env
Tra.sfer from Fund 102
lM.1 GruIS- Pby ED\'
Tramrer from Faad 101
$125.000.00
5110,000.00
S40S,ooo.OO
5854.624.00
$1S.DOO.00
SSG.GOO.OO
$210.000.00
$439,074.00
Total Revenue
5%,268,698.00
Appropriations:
12S-M16-22524-56I63O-R02024-530340
12S-S41o-21S24-!60630-R02025-S30340
125-5410-12524-S60630-R02016-S30340
11S-5410-22524-~R02027-!30340
Other Contractual
Otber CODtractu.'
Other CODtractual
Otber CODtractual
5235.000.00
$1.259,624.00
5115,000.00
5649.074.00
Tobl AppropriatioDs:
$2,268,698.00
BE IT FURTHER RESOLVED BY SAID BOARD. that the Clerk of wd Board, upon receipt of lhc above unantieipated
funds, is hereby authorized and directed to place funds in said items, as set forth above.
PASSED AND ADOPTED by the Board of County Commissiooors of Monroe County, Florida. at a regular meeting of said
Board held on the 17" day of July AD 2002.
Mayor McCoy
Mayor Pro Tem Spehar
Commissioner Nelson
Conunissiooer Neugent
Commissioner Jimenez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chainnan
(Seal)
Attest: DANNY L KOLHAGE, Clerk
unanticipated revenue SFWMD grant 07/1512002 Page I
Resolution No.
- 2002
A RESOLUTION CONCERNING THE TRANSFER OF FUNDS
WHEREAS, it is necessary for the Board of COWlty Commissioners of Monroe County,
Flori~ to make budgeted transfers in the Monroe County Budget for the Fiscal Year
2002. therefore.
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, that there shall be transfers of amounts previously
set up in the Monroe County Budget for the Fiscal Year 2002 as, hereinafter set forth to
and from the following accounts:
Fuud #102- Road aDd Bridge Fuad
Project II R01303- Big Pine Key Roads X
Project #I R97304- Stock Islaad Roads U
Project #I R99302- Key Largo Road.
Project #I ROO300- Palm Avenue
From: 102-5410-22S06-560630-R01303-530340 Other Contractual
Cost Center #22506- Const Gas Tax Projects - 80%
For the Amount: 5125,000.00
To: 102-5810-86501-590125 Transfer to Fund 125
Cost Center #I 86501- Budgeted Transfers 102
From: 102-S410-225~S60630-R97304-S30340 Other Contractual
Cost Center #I 22S06- Const Gas Tax Projeets- SOo/.
For the Amount: $854,624.00
To: 102-5810-86501-590125 Tnnsfer to Fuad 12S
Cost Center #186501- Budeeted Tranlfen 102
From: 102-S410-22S06-S60630-R99302-530340 Other CODtraetual
Cost Center N22~ Canst Gas Tu Projects-- 800/0
For the Amount: 550,000.00
To: 102-5810-86501-590125 Transfer to Fund 125
COlt CeDter #86501- Budgeted Translen 102
From: 102-S410-22S06-560630-R00308-530340 Other Contractual
Cost Center #22506- Const GaJ: Tax
For the Amount: 5439,074.00
To: 102-5810-86501-590125
Cost Ceater #86501- Budgeted Transfers 102
BE IT FURTHER RESOLVED BY SAID BOARD, that the Clerk of said Board. upon
receipt of the above, is hereby authorized and directed to make the necessary changes of
said items. as set forth above.
budgeted transfers 102 0111512002 Page 1
PASSED AND ADOPTED by the Board ofCowlty Conunissioners of Monroe County,
Florida, at a regular meeting of said Board held on the 17111 day of July AD 2002.
Mayor McCoy
Mayor Pro T em Spehar
Commissioner Nelson
Commissioner Neugent
Commissioner Jimenez
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By:
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE. Clerk
BY
Roa~Rr
DArE-.r~~
~
budgeted 1nm$fers 102 0711512002 Page 2
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 work 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 performance 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 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.
2.3 The COUNTY assumes sole responsibility for
all work which is performed pursuant to the Statement
of Work. Exhibit "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 truth-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-current
wage rates and other factual unit costs. The
DISTRICT shall make any such adjustment within one
(1) year following the expiration or termination of this
AGREEMENT.
ARTICLE 3 - INVOICING AND PAYMENT
3.1 The COUNTY's invoices shall reference the
DISTRICT's Contract Number and shall be sent to the
DISTRICT's address specified on Page 1 of this
AGREEMENT. The COUNTY shall 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 "D" 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 invoices.
Page 1 of 8, Exhibit "B"
Contract File:\County.doc 05/13/02
UKJolNAl
8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
THE soum FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO TillS AGREEMENT WITH:
Name: MONROE COUNTY, FLORIDA C-12176
Address: 5100 College Road M1WBE Goal: 0%
Key West, FL 33040 COST SHARING INFORMATION
Project Manager: George Garrett Total Project Cost: $ 2,268,698.00
Telephone No: (305) 289-2507
Fax No: (305) 289- 2536 COUNTY Contribution: $ 1,468,698.00
Hereinafter referred to as: COUNTY
PROJECT TITLE: MONROE COUNTY STORMW ATER IMPROVEMENT PROJECTS
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Not Applicable Exhibit "H" - Not Applicable
Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable
Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable
Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable
Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable
Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable
Exhibit "G" - Not ADDlicable
TOTAL DISTRICT CONSIDERATION: $800,000.00 AGREEMENT TYPE: Not-to-Exceed
Multi-Year Funding (If Applicable)
Fiscal Year: Fiscal Year:
Fiscal Year: Fiscal Year:
Fiscal Year: Fiscal Year:
*Subject to District Governing Board Annual Budget Approval
AGREEMENT TERM: 3 vear EFFECTIVE DATE: Mav 1 2002
District Project Manager: Rhonda Haag District Contract Administrator:
Telephone No: (305) 853-3219 Patrick Ryan (561) 682-6757
Fax No. (305) 853-3221 Fax No.: (561) 682-6397 or (561) 681-6275
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE COUNTY AT:
MONROE COUNTY, FLORIDA
South Florida Water Management District
3301 Gun Club Road 5100 College Road
West Palm Beach, Florida 33406
Attention: Procurement Division Key West, FL 33040
Attention: George Garrett
IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and
Conditions under which it is issued.
MONROE COUNTY, FLORIDA SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
Accepted By: Accepted By:
Signature of Authorized Representative Frank Hayden, Procurement Director
Date:
Title:
Date:
SFWMD.dR~CU.RE~NT APPRO~ Date: 6Y~:L.
By: , ~.
,~;!ROVED AS TO I ~'4Ioz.
<I
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT liB"
GENERAL TERMS AND CONDITIONS
3.3 The DISTRICT shall pay the full amount of the
invoice within thirty (30) days following DISTRICT
acceptance of services and/or deliverable(s) required
by this AGREEMENT. However, failure by the
COUNTY to follow the foregoing instructions and
submit acceptable services and or deliverables(s) may
result in an unavoidable delay of payment by the
DISTRICT.
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 performance of this
AGREEMENT, other than 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
responsible for overall coordination and oversight
relating to the performance 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 formal notices between the parties under this
AGREEMENT shall be in writing and shall be
deemed received if sent by certified mail, return receipt
requested. to the respective addresses specified 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 DISTRICT under this
AGREEMENT shall reference the DISTRICT's
Contract Number specified on Page 1 of the
AGREEMENT.
ARTICLE 5 - INSURANCE
5.1 The COUNTY assumes any and all risks of
personal injury, bodily injury 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 injury, personal injury 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 harmless
from all damages arising in connection with the
COUNTY's subcontract.
ARTICLE 6 - TERMINATION/REMEDIES
6.1 If either party fails to fulfill its obligations under
this AGREEMENT in a timely and proper manner, the
other party shall have the right to terminate 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
shall have the option to terminate this AGREEMENT
Page 2 of 8, Exhibit "B"
Contract File:\County.doc 05/13/02
f)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXIDBIT "B"
GENERAL TERMS AND CONDITIONS
at the expiration of the ten (10) day time period.
Should the DISTRICT elect to terminate for default in
accordance with this provision. the DISTRICT shall
be entitled to recover reprocurement costs. in addition
to all other remedies under law and/or equity.
6.2 The DISTRICT 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 performance of
work under this AGREEMENT may be terminated by
the DISTRICT in accordance with this clause in
whole, or from time to time in part. whenever the
DISTRICT shall determine that such termination is in
the best interest of the DISTRICT. Any such
termination shall be effected by delivery to the
COUNTY of a Notice of Termination specifying the
extent to which performance of work under the
AGREEMENT is terminated, and the date upon which
such termination becomes effective.
In the event of termination for convenience. the
DISTRICT shall compensate the COUNTY for all
authorized and accepted deliverables completed
through the date of termination in accordance with
Exhibit "C", Statement of Work. The DISTRICT shall
be relieved of any and all future obligations hereunder,
including but not limited to lost profits and
consequential damages, under this AGREEMENT.
The DISTRICT may withhold all payments to the
COUNTY for such work until such time as the
DISTRICT 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 services
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 DISTRICT 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 DISTRICT. If this
provision is invoked. the DISTRICT shall notify the
COUNTY in writing to stop work as of a certain date
and specify the reasons for the action, which shall not
be arbitrary or capricious. The COUNTY shall then
be obligated to suspend all work efforts as of the
effective date of the notice and until further written
direction from the DISTRICT is received. Upon
resumption of work, if deemed appropriate by the
DISTRICT, the DISTRICT shall initiate an
amendment to this AGREEMENT to reflect any
changes to Exhibit "C", Statement of Work and/or the
project schedule.
6.6 The DISTRICT anticipates a total project cost
as indicated on Page I. with the balance of matching
funds and/or in-kind services 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 terminate 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 performance of this AGREEMENT
including supporting documentation for any service
rates. expenses, research or reports. Such records shall
Page 3 of 8. Exhibit "B"
Contract File:\County.doc 05/13/02
E)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXIDBIT "B"
GENERAL TERMS AND CONDITIONS
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 governmental
auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may
be made only within five years from the date of final
payment under this AGREEMENT and upon
reasonable notice, time and place.
C. Extended Availabilitv 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, 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 self-operative upon execution by
the parties hereto. however the COUNTY agrees to
execute and deliver to the DISTRICT any further
assignments or other instruments necessary 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
proprietary 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
proprietary 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
performance 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. For
purposes of this AGREEMENT, the DISTRICT
may permit the COUNTY access to certain third
Page 4 of 8, Exhibit "B"
Contract File:\County.doc 05/13/02
f)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXlllBIT "B"
GENERAL TERMS AND CONDITIONS
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
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.
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
necessary 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, subcontractors, or
consultants who shall perform work which is intended
to benefit the DISTRICT is a convicted vendor or, if
the COUNTY or any affiliate 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 DISTRICT or subject to
immediate termination by the DISTRICT, in the event
there is any misrepresentation or lack of compliance
with the mandates of Section 287.133. Florida Statutes.
The DISTRICT, in the event of such termination,
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 DISTRICT may
terminate this AGREEMENT without liability and, at
its discretion, deduct or otherwise recover the full
amount of such fee, commission, percentage, gift, or
other consideration.
8.7 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.
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)
hereunder, the DISTRICT shall advise the
COUNTY (Licensee) of such request and, as
between the DISTRICT and the COUNTY
Page 5 of 8, Exhibit "B"
Contract File:\County.doc 05/13/02
e
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT liB"
GENERAL TERMS AND CONDITIONS
(Licensee), it shall be the COUNTY's (Licensee's)
sole burden and responsibility 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 permits. prior to the
commencement of performance of this
AGREEMENT. A delay in obtaining permits shall
not give rise to a claim by the COUNTY for
additional compensation. If the COUNTY is unable
to obtain all necessary permits in a timely manner,
either party may elect to terminate 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, ES., the
COUNTY is prohibited from the expenditure of any
funds under this AGREEMENT to lobby the
Legislature, the judicial branch, or another state agency.
8.10 The DISTRICT is a governmental entity
responsible for performing a public service and
therefore has a legitimate interest in promoting the
goals and objectives of the agency. The work under
this AGREEMENT involves a project consistent
with these goals and objectives. Consequently. the
DISTRICT is desirous of satisfactorily completing
and successfully promoting this project with the
cooperation of its COUNTY. Therefore, as the
DISTRICT'S COUNTY for this project, the
COUNTY assures the DISTRICT that the
COUNTY, its employees, subcontractors and assigns
will refrain from acting adverse to the DISTRICT'S
legitimate interest in promoting the goals and
objectives of this project. The COUNTY agrees to
take all reasonable measures necessary to effectuate
these assurances. In the event the COUNTY
determines it is unable to meet or promote the goals
and objectives of the project, it shall have the duty to
immediately notify the DISTRICT. Upon such
notification the DISTRICT, in its discretion. may
terminate this AGREEMENT.
ARTICLE 9 . RELATIONSHIP 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 th~n that of
independent contractor between the parties and their
respective employees. agents, subcontractors, or
assigns during or after the performance on this
AGREEMENT. Both parties are free to enter into
contracts with other parties for similar services.
9.2 It is the intent and understanding of the Parties
that this AGREEMENT is solely for the benefit of the
COUNTY and the DISTRICT. No person or entity
other than the COUNTY or the DISTRICT shall have
any rights or privileges under this AGREEMENT in
any capacity whatsoever, either as third-party
beneficiary or otherwise.
9.3 The COUNTY shall not assign, delegate. or
otherwise transfer its rights and obligations as set forth
in this AGREEMENT without the prior written
consent of the DISTRICT. Any attempted assignment
in violation of this provision shall be void.
9.4 The COUNTY shall not pledge the
DISTRICT's credit or make the DISTRICT a
guarantor of payment or surety for any
AGREEMENT, debt, obligation, judgement, lien. or
any form of indebtedness.
9.5 The DISTRICT assumes no duty with regard to
the supervision of the COUNTY and the COUNTY
shall remain solely responsible for compliance with all
safety requirements and for the safety of all persons and
property at the site of AGREEMENT performance.
ARTICLE 10. MBE PARTICIPATION
10.1 The COUNTY hereby acknowledges that no
Minority Business Enterprises (MBE) 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
Page 6 of 8, Exhibit "B"
Contract File:\County.doc 05/13/02
8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT liB"
GENERAL TERMS AND CONDITIONS
for public notice and award of such contracts. In the
event subsequent competitive contract awards do
result in M/WBE 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
Article 11 is hereby deleted.
ARTICLE 12 - GENERAL PROVISIONS
12.1 Notwithstanding any provIsions of this
AGREEMENT to the contrary. the parties shall not be
held liable for any failure or delay in the performance
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 majeure. 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
perform shaU 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 performance by
COUNTY is specifically required during the
occurrence 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 aU 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 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.
12.4 Should any term or provision of this
AGREEMENT be held. to any extent. invalid or
unenforceable, as against any person, entity 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.
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 DISTRICT staff do not suffice
to legally bind the 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.
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 shaU instruct employees
required to handle or use toxic materials or other
harmful substances regarding their safe handling and
use. including instruction on the potential hazards,
personal hygiene and required personal protective
Page 7 of 8. Exhibit "B"
Contract File:\County.doc 05/13/02
f)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
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.
13.5 The COUNTY shall initiate and maintain an
accident prevention program which shall include, but
shall not be limited to. establishing and supervising
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 performance 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, injury, 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 services
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. injury.
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 8 of 8. Exhibit "B"
Contract File:\County.doc 05/13/02
EXHIBIT "c"
STATEMENT OF WORK
Monroe County Stormwater Improvements Projects
1.0 INTRODUCTION
Monroe County (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 right-of-ways. 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.
This Scope of Work provides descriptive language and general engineering specifications
for the stormwater portion of four (4) road improvement projects, one (1) in Key West,
two (2) in the lower Florida Keys, and one in Key Largo. Partial funding for this project
in the amount of $500,000.00 is being derived from Special Appropriation 1748 from the
State Legislature in Fiscal Year 2002 and in the amount of $200,000.00 under Special
appropriation 1591G for Fiscal Year 2001.
2.0 SCOPE OF WORK
The overall project shall entail making stormwater improvements to four (4) project
areas. These project areas include one (1) street (Palm Avenue) in Key West, nineteen
(19) streets on Stock Island, seventeen (17) streets on Big Pine Key, and fourteen (14)
Streets in Key Largo.
2.1 The area of Palm A venue, Key West shall be improved over the course of
a six (6) to eight (8) month project period. Improvements and area changes shall include
reconstruction of a preexisting stormwater conveyance system, construction of a bike
path, minor realignment and resurfacing of existing road surfaces, and re-vegetation of
newly created drainage swales using native Florida Keys and other vegetation.
2.2 The COUNTY is undertaking a road resurfacing project on Stock Island.
With the resurfacing effort, new stormwater drainage and conveyance systems shall be
installed on each of nineteen (19) streets. The project area shall be provided within the
right-of-way for a bike path as well.
2.3 The COUNTY will be completing a road resurfacing project on Big Pine
Key. With the resurfacing effort, new stormwater drainage and conveyance systems shall
be installed on each of seventeen (17) streets.
2.4 The COUNTY will complete a series of projects involving fourteen (14)
streets on the island Key Largo. Each has an identified stormwater retention problem.
Exhibit "e" to Agreement No. 12176 - Page 1 of 9
Only stormwater improvements are encompassed in this Statement of Work. The
COUNTY shall also install four (4) signs at each of the major project sites that recognize
the DISTRICT's participation in the project. Such signs shall be in accordance with the
minimum specifications of the COUNTY.
3.0 WORK BREAKDOWN STRUCTURE
The COUNTY shall, in addition to the Tasks I - IV, also construct signage at each of the
project sites to recognize the DISTRICT as a sponsor of the project. Plans of the signage
shall be provided to the DISTRICT in advance for approval.
Task I. Palm A venue, Key West
A. Site Improvements
1. In accordance with COUNTY engineering plans, as approved by the
DISTRICT, site improvements shall be made to the area within the Palm
Avenue right-of-way. The COUNTY or its subcontractors shall make site
improvements in accordance with standard engineering practices under the
direction of the COUNTY Engineer.
2. Site work shall include demolition and disposal of the existing stormwater
conveyance system (concrete) and re-grading of the area to accommodate the
construction of all new stormwater drainage structures as provided in
COUNTY engineering plans.
3. COUNTY stormwater drainage structural improvements shall include thirteen
(13) injection wells with structure, two (2) twenty foot (20') Ex-filtration
trenches, one (1) top slab and catch basin grate, and one (1) top slab and
manhole cover.
B. Stormwater Related Landscape Improvements
1. Upon completion of the stormwater drainage system, the COUNTY shall
provide landscaping for the area.
2. COUNTY landscaping shall include St. Augustine grass sod to reduce runoff
rates, siltation, and dust along the drainage system swales. Other COUNTY
landscaping shall include (allowing for substitution), a variety of native and
other shrubs and trees as follows:
(a)
(b)
(c)
(d)
(e)
(f)
(g)
(h)
(i)
25,450
4,400
2,450
1,250
180
61
64
141
112
Gulf Muhley Grass
Indian Blanket
Yellow ToplCorepsislSilk Grass
Spider Lily and Golden Rod mix
Sea Oxeye Daisy
Sable Palm
J arnica Caper
Red Top Cocoplum
Mulch
Exhibit "e" to Agreement No. 12176 - Page 2 of 9
C. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (COUNTY Engineer)
site inspections of the project shall be made prior to and at project completion.
The purpose of these inspections shall be to allow the DISTRICT to verify
that the project is proceeding in accordance with the COUNTY engineering
plans.
D. Project Deliverables
1. The COUNTY shall provide monthly updates on project progress. These
updates shall include pictures and any physical reports and invoices provided
to the COUNTY by its subcontractors on the project and approved by the
COUNTY.
E. Project Cost
1. Upon certification by the COUNTY Engineer and DISTRICT approval that
the project is complete and in accordance with COUNTY engineering plans
the DISTRICT'S project cost will be 50% of the actual costs not to exceed
$210,000.
F. Project Revisions
1. Based on constraints that may come up during project completion, revisions
may be made to the stormwater components, as identified above and in
accordance with COUNTY engineering plans. COUNTY revisions shall be
approved by the DISTRICT in writing in advance and be in accordance with
the purpose of the stormwater components of the project, to eliminate a direct
stormwater discharge to Outstanding Florida Waters.
Task II.
Stock Island
A. In accordance with COUNTY engineering plans, as approved by the DISTRICT,
site improvements shall be made to the area within the rights-of-way identified
below. The COUNTY or its subcontractors shall make site improvements in
accordance with standard engineering practices under the direction of the
COUNTY Engineer:
1. Road Rights-of-Way
(a) Cross Street
(b) Miriam Street
(c) Roberta Street
(d) 2nd Street
(e) 5th Street
(f) 2nd Terrace
(g) 2nd through Ith Avenues
(h) Peninsular A venue
(i) Shrimp Road
Exhibit "e" to Agreement No. 12176 - Page 3 of 9
2. Site work shall include re-grading of the rights-of-way adjacent to all included
road surface areas to accommodate the construction of all new stormwater
drainage structures as provided in the COUNTY engineering plans.
3. Said stormwater drainage structural improvements shall include three (3)
injection wells with structure, three (3) catch basins, thirteen (13) PVC drain
basins and grates, ninety (90) PVC C900 pipe, 725 polyethylene COlT pipe
trench, and 9,020 sections of seepage trench.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (COUNTY Engineer)
site inspections of the project shall be made prior to and at project completion.
The purpose of these inspections shall be to allow the DISTRICT to verify
that the project is proceeding in accordance with COUNTY engineering plans.
C. Project Deliverables
1. The COUNTY shall provide monthly updates on project progress. These
updates shall include pictures and any physical reports and invoices provided
to the COUNTY by its subcontractors on the project and approved by the
COUNTY.
D. Project Cost
1. Upon certification by the County Engineer and DISTRICT approval that the
project is complete and in accordance with COUNTY engineering plans the
DISTRICT'S project cost will be 50% of the actual costs not to exceed
$405,000.
E. Project Revisions
1. Based on constraints that may come up during project completion, revisions
may be made to the stormwater components, as identified above. COUNTY
revisions shall be approved by the DISTRICT in writing and in advance and
be in accordance with the purpose of the stormwater components of the
project, to eliminate a direct stormwater discharge to Outstanding Florida
Waters.
Task III. Big Pine Key
A. Site Improvements -
1. In accordance with COUNTY engineering plans, as approved by the
DISTRICT, site improvements shall be made to the area within the rights-of-
way specified below. The COUNTY or its subcontractors shall make site
improvements in accordance with standard engineering practices under the
direction of the COUNTY Engineer.
(a) Road Rights-of-Way
(1) 15t Street
Exhibit"C" to Agreement No. 12176-Page4of 9
(2) 2nd Street
(3) Father Tony Way
(4) 3rd Street
(5) 4th Street
(6) 5th Street
(7) A venues A through J
(8) County Road
(9) Roosevelt
2. Site work by the COUNTY shall include re-grading of the rights-of-way
adjacent to all included road surface areas to accommodate the construction of
all new stormwater drainage structures to be provided in the COUNTY
engineering plans.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (COUNTY Engineer)
site inspections of the project shall be made prior to and at project completion.
The purpose of these inspections shall be to allow the DISTRICT to verify
that the project is proceeding according to the COUNTY engineering plans.
C. Project Deliverables
1. The COUNTY shall provide monthly updates on project progress. These
updates shall include pictures and any physical reports and invoices provided
to the COUNTY by its subcontractors on the project and approved by the
COUNTY.
D. Project Cost
1. Upon certification by the COUNTY Engineer and DISTRICT approval that
the project is complete and in accordance with COUNTY engineering plans
the DISTRICT'S project cost will be 50% of the actual costs not to exceed
$110,000.
E. Project Revisions
1. Based on constraints that may come up during project completion, revisions
may be made to the stormwater components, as identified above. COUNTY
revisions shall be approved by the DISTRICT in writing and in advance and
be in accordance with the purpose of the stormwater components of the
project, to eliminate a direct stormwater discharge to Outstanding Florida
Waters.
Task IV. Key Largo
A. Site Improvements
1. In accordance with COUNTY engineering plans, as approved by the
DISTRICT, site improvements shall be made to the area within the rights-of-
way identified below. The COUNTY or its subcontractors shall make site
Exhibit "e" to Agreement No. 12176 - Page 5 of 9
improvements in accordance with standard engineering practices under the
direction of the COUNTY Engineer.
(a) Road Rights-of-Way
(1) Arctic A venue
(2) Cuba Road
(3) Harry Harris Dri ve
(4) Hispaniola Road
(5) Indian Avenue
(6) West Indies Drive
(7) Ellis Drive
(8) Esther Street
(9) Susan Street
(10) Robert Street
(11) Pamela Street
(12) Caribbean Drive
(13) Laguna Avenue
(14) Ocean Bay Drive
2. Site work shall include construction of all new or repair of eXIstmg
stormwater drainage structures as provided in COUNTY engineering plans.
B. Site Inspection
1. At times agreeable to the DISTRICT and the COUNTY (County Engineer)
site inspections of the project shall be made prior to and at project completion.
The purpose of these inspections shall be to allow the DISTRICT to verify
that the project is proceeding according to COUNTY engineering plans.
C. Project Deliverables
1. The COUNTY shall provide monthly updates on project progress.' These
updates shall include pictures and any physical reports and invoices provided
to the COUNTY by its subcontractors on the project and approved by the
COUNTY.
D. Project Cost
1. Upon certification by the COUNTY Engineer and DISTRICT approval that
the project is complete in accordance with COUNTY engineering plans the
DISTRICT'S project cost will be 50% of the actual costs not to exceed
$75,000.
E. Project Revisions
1. Based on constraints that may come up during project completion, revisions
shall be made to the stormwater components as identified above. COUNTY
revisions shall be approved by the DISTRICT in writing and in advance and
be in accordance with the purpose of the stormwater components of the
project, to eliminate a direct stormwater discharge to Outstanding Florida
Waters.
Exhibit "e" to Agreement No. 12176 - Page 6 of 9
4.0 LOCA TION OF THE PROJECT
The area encompassed in this Statement of Work (SOW) is Monroe County, Florida - the
Florida Keys. The overall SOW includes four (4) project locations; Key West - Palm
Avenue; Stock Island - nineteen (19) streets; Big Pine Key - seventeen (17) streets; and
Key Largo - fourteen (14) streets. The following graphics provide both general and
specific project location maps.
Florida Keys - General Locator
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s
.J
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20
40 Miles
Key West - Palm A venue
Exhibit "e" to Agreement No. 12176 - Page 7 of 9
Stock Island - 19 Streets
Big Pine Key - 17 Streets
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4 Miles
I/\/Mirll:IIRo.d.
I j\/MaJO' ROil"
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Exhibit "C" to Agreement No. 12176 - Page 8 of 9
Key Largo - 14 Streets
Key Largo
Project IV - 14 Streets
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