03/22/2001
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 FlU), a State agen~ its assignees
or successors. ~ ~ ~ ::J
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WHEREAS, The Local Option Tourist Development Act allows tourist ~~m&t tal'
revenues to be spent, inter alia, for beach improvement, maintenance, renourishment~~at~, a.ii
erosion control, as well as to improve and maintain zoological parks; and r-' ~, .:: g
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WHEREAS, the Tourist Development Council (hereinafter referred to as TDC) 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, FIU is qualified to provide water quality monitoring services; and
WHEREAS, Monroe County and FIU are authorized by Section 163.01, Florida Statutes, to
enter into this interlocal agreement; and
WHEREAS, Monroe County and the U. 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: FIU 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 Fill 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: FlU shall submit to the Tourist Development Council (hereinafter IDC)
Administrative Office an invoice for Services upon completion of the services required under this
agreement. FlU 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 OUALIFICATION: Fill 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. Fill shall deliver to TDC
and COUNTY all papers and other materials related to the work performed under this Agreement
upon termination thereof. County shall pay Fill 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, Fill will be given fifteen (15) days notice of termination, and Fill 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 FlU.
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 TDC 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 TDC, shall not be responsible for any finance
charges.
13. ASSIGNMENT: FlU 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, OWNERSIDP: All work performed under the Agreement shall be the property of FlU 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
FlU'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 FIU:
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: FIU agrees to furnish the County and IDC with copies of bids of
subcontractors.
20. EnnCS CLAUSE: FIU 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 TDC has any
interest, financially or otherwise, in FIU or its subcontractors.
IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed in their
and seals impressed hereon, by their proper officials, all as of the day and year first above
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Board of County Commissioners
ofMorrrtt:na W~
Mayor Pro Tem
Florida International University
for and on behalf of the Board Of Regents
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