Item H02
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 21 June 2006
Division:
Growth Management
Bulk Item: Yes ---L No
Department:
Marine Resources
Staff Contact:
George Garrett
AGENDA ITEM WORDING:
Amendment to a Contract with Patricia McNeese for a time extension to complete the Lignurnvitae Key
Submerged Land Management Area Boat Grounding Project
ITEM BACKGROUND:
Based on a request from FDEP, Lignumvitae Aquatic Preserve, the Board approved an expenditure of up to
$8,000 from Boating Improvement Funds to assist in the development of a boat grounding assessment database.
This item wa.o;; approved at the 21 January 2004 BOCC meeting. The funds have not been required to date as
FDEP has been utilizing its available funds. This item reflects the fact that the funds are now needed. The
contract is being provided to the FDEP contractor on the project, Patricia McNeese.
PREVIOUS RELEVANT BOCC ACTION:
18 May 2005 - Approval to expend up to $8,000 from BlF
CONTRACT/AGREEMENT CHANGES:
Time Extension for Current Contract from June 2006 to June 2007
STAFF RECOMMENDATIONS;
Approval
TOTAL COST:
$15.000
BUDGETED: Yes
No
COST TO COUNTY: $8,000 , SOURCE OF FUNDS:
lL,;;
~,11))7
REVENUE PRODUCING: Yes L No ---L AMOUNT Per Month
BIF CC 62520
Year
APPROVED BY: County Atty
OMB/Purchasing _ Risk Management
DIVISION DIRECTOR APPROVAL:
roski, Director of Growth Management\
;
l
DOCUMENTATION: Included ---L Not Required
DISPOSITION: AGENDA ITEM NO.:
Pal McNeese Agenda Item per NWC onG.I2 .OG.dlX
G/12/2006 3:06:00 PM
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract \vith: Pat McNeese Contract # -
-~ - -~~-
Effective Date: 06/21/06
~~~-
Expiration Date: 06/30107
Contract Purpose/Description:
Lignumvitae Key Submerged Land Management Area Boat Grounding Project
Time Extension
~~
Contract Manager: George Garrett 2507 Marine Resources /1 ]
(Name) (Ext.) (Department/Stop #)
for BOCC meeting on 062106 Agenda Deadline: 060506
CONTRACT COSTS
Total Dollar Value of Contract: $ 8,000
Budgeted? Yesk2J No 0 A.ccount Codes:
Grant: $ 0
County Match: $ 8,000
Current Year Portion: $ _ 8,OOQm._...._....m
157-62520-530340-_-_
- - - -
~~~~~
- - - -
---~-~~
- --
~~~~~
Estimated Ongoing Costs: $NNyr
(Not included in dollar value above)
ADDITIONAL COSTS
For: NA
(eg. maintenance, utilities, janitorial, salaries, etc.)
CONTRACT REVIEW
Changes
Date In Needed
Division Director Y esO No~
Date Out
Risk Management YesO NoC1
O.M.BjPUr~as\fu~~ ~
County Attorney
OMB Form Revised 2/27/01 MCP #2
AMENDMENT TO CONTRACT FOR SERVICES
THIS CONTRACT AMENDMENT is entered into this 21" day of June, 2006 by
- MONROE COUNTY, apoliti<:a1 subdivision -of the State of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040, hereafter the BOCC or COUNTY, and Patricia L.
McNeese, P.O. Box 450 Crystal River, Florida 34423 hereafter CONTRACTOR.
Section 1.
Section 34 of the CONTRACT is hereby amended to extend the termination date
therein to June 21, 2007.
Section 2.
In all other respects, the CONTRACT for servi<:es, known as the Lignumvitae
Key Submerged Land Management Area Boat Grounding Project, between Monroe County
and Patricia McNeese and dated May 18,2005, remains in full force and effect
IN WITNESS WHEREOF ea<:h party hereto has caused this Agreement to be executed by its
duly autborized representative.
(SEAL)
Attest: DANNY L. KOLHAGE, CLERK
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
By
Deputy Clerk
Mayor/Chainnan
(SEAL)
Attest:
P ATRlClA L. MCNEESE
By,
Titie____
1211~' () ~)/}
" 'I")
By', V.-c ,,'fJ t' -- L C2./
Title...:2WJle.r I:?Y?I;C~ ,..~""f'.)I'1A' . -'- ')
I' I -
Con!Y&:-t with Patricia l'kNe.ese
5/:H/200t; 7:20 PM
J () 'S~~
\~
AMENDMENT TO CONTRACT FOR SERVICES
THIS CONTRACT AMENDMENT is entered into this _ day of , 2006 by
MONROE COUNTY, a political subdivision of the state of Florida, whose address is 1100
Simonton Street, Key West, Florida 33040, hereafter the HOCC or COUNTY, and Patricia L. .
McNeese, P.O. Box 450, Crystal River, Florida 34423 hereafter CONTRACTOR.
I. Section 34 of the CONTRACT between the parties, dated June 20, 2005, is hereby
amended to read as follo",'8:
"Section 34. The effective date of this contract is June 20,2005. The termination date is
June 21, 2007."
2. Exhibit A of the contract shall be amended to read as "Amended Exhibit A" attached
hereto.
3. 111is Amendment is intended only to extend the term of the CONTRACT, in all other
respects, the CONTRACT for services regarding the Lignuntvitae Key Submerged Land
Management Area Boat Grounding Project, between Monroe County and Patricia McNeese and
dated June 20, 2005, remains in full force and effect.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its
duly authorized representative.
(SEAL)
Attest; DANNY L. KOLHAGE, CLERK.
By
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Deputy Clerk
Mayor Charles "Sonny" McCoy
Date:
Date:
Patricia McNeese:
Witness to Patricia McNeese
By
By
Signature
Signature
Date:
Print Witness Name
Date:
-\4 . d-...
Amendment to Exhibit A.
Lignumvitae Key Submerged Land Management Area
Boat Grounding Project
Scope of Work for Phases I and II
Introduction
The Lignumvitae Key Botanical State Park and Lignumvitae Key Aquatic
Preserve cover an area that includes approximately 10,000 acres of
submerged lands known as the Lignumvitae Key Submerged Land
Management Area (LKMA). This area includes navigation channels and
shallow flats that harbor sensitive marine resources including seagrasses and
corals. This area is also an attractive and very active recreational destination
for residents and visitors engaged in water.related activities such as fishing,
boating and snorkeling. LKMA has employed several tools to manage
visitors while providing for the protection of sensitive marine resources,
especially over the past 10 years. These activities have included "no-motor
zoning." education, enforcement. resource mapping, and injury restoration.
Despite this activity, LKMA has experienced extensive damage to benthic
resources as a result of boat groundings and propeller scarring. LKMA has
tracked individual damage events, especially over the last 10 years, through
entry into a database at the park.
To assist them with future management strategies, PAT MCNEESE will
perform compilation and analysis of the boat grounding event information in
LKMA database accumulated through fiscal year 2003-2004. The data will
be analyzed for trends in order to determine what future management actions
might help to reduce groundings. Future management actions may include
anything from specific area marking to target audience education. Monroe
County has expressed interest in obtaining the results of such an analysis.
Boat grounding injuries are occurring throughout the Keys and Monroe
County is implementing similar management actions such as education and
channel marking. Results of the data analysis would assist the County with
planJ1ing of future management activities and provide a framework from
which to evaluate grounding incidents. Finally, there is a desire among all
marine resource agencies in the Key, including the Florida Keys National
Marine Sanctuary (FK!\TMS) to achieve consistency and share information in
the future with respect to recording of boat grounding events. This project
will result in the analysis of past data from LKMA, the only entity with a
long-term data base and it will result in a consistent and exchangeable
format for future data sharing among the agencies.
The project to be accomplished by PAT MCNEESE consists of four phases
summarized as follows:
Phase I - Data Needs
Task I. Examine data and coordinate with staff on the past methods and
context of entry.
Task 2. List and organize questions to be answered about the data.
Coordinate with resource agencies to obtain questions.
Task 3. Determine methods of data analysis within and outside MS Access.
Task 4. Normalize data and add necessary fields forMS Access analysis.
Phase H - MS Access Data Analysis and Reporting
Task 1. BuildMS Access queries.
Task 2. Generate data and first draft report (results and discussion).
Phase HI - Data Analysis Outside MS Access
Task 1. Finalize methods of data analysis outside MS Access.
Task 2. Reformat data to perform non-Access analysis.
Task 3. Generate data and incorporate into final report.
Phase IV - Future Use by Staff
Task 1. Set up instructions for consistent future data entry and query runs.
Task 2. Link data to ArcView GIS maps and set up for future entry.
Tasks to be Completed
This scope of work covers Phase I and Phase n tasks detailed below.
Phase I. Data Needs
Task 1. Initial Data Examination
This task will involve acquisition of a complete data set from the LKMA
data base and examination of the format and content of the data. Current
and past LKMA staff who have entered data will be contacted to help clarifY
any inconsistencies in past methods and format of data entry. During this
task an attempt will be also be made to identiry potential strengths,
weaknesses and degree of accuracy of specific data fields. A brief summary
description of the data will be completed including such items as number of
files and entries, field names and descriptions, etc.
Deliverables: Summary description of spreadsheet data
Fee: $800.00
Task 2. Study Goals
This task will involve basically compiling a list of priority results we'd like
to generate through analysis of the data, i.e., what questions we'd like
answered. The data format and summary description will be compiled and
supplied to an interagency group induding staff of Florida Department of
Environmental Protection (FDEP) District 5 Parks and LKMA, FDEP Office
of Coastal and Aquatic Management Areas (CAMA), Florida Keys National
Marine Sanctuary (FKNMS), Monroe County and possibly law enforcement
agencies. Comments and study questions will be solicited from these
agencies in an organized format and then presented back in summary. A
general approach to analysis of the data will be outlined at this point.
Deliverables: Summary of agency data questions
Outline of approach to data analysis
Fee: $960.00
Task 3. MS Access Analysis
The data spreadsheet is in Microsoft Word Access (MS Access) format.
This task will involve determination of methods of data analysis within the
MS Access format. Data in MS Access can be analyzed through a query
building. Questions about the data that can be answered via query-building
format will be identified. Changes in data format that are necessary to
accommodate MS Access queries will also be identified. A summary will be
provided.
Deliverables: Summary of potential data analysis within MS Access
framework
Fee: $960.00
Task 4. Other Analysis
Some of the study goals (questions) identified in Task 2 may require further
statistical or other analysis beyond the capabilities of the MS Access
program. These will be identified along with methods of analysis, if any are
available. The appropriateness and completeness of the data for generating
results under further analysis will also be evaluated. A summary will be
provided. At this point, questions that cannot be answered due to data
limitations will be identified and recommendations will be made on what
new or changed data entry methods would be needed to answer these
questions.
Deliverables: Summary of potential data analysis outside MS Access
framework
Fee: $640.00
Task 5. Normalize Data for MS Access Analysis
This task will essentially involve completion of all necessary formatting of
the data for MS Access analysis.
Deliverables: Reformatted MS Access spreadsheet data
Fee: $1,100.00
Total Phase I: $4,460.00
Phase II - MS Access Data Analysis and Reporting
Task 6. Build MS Access Queries
This task will involve building of MS Access queries to answer question and
generate results identified in Task 3. The result will be discrete and trend
data (including charts and graphs where appropriate) resulting from the
quenes.
Deliverables: Raw data results from MS Access queries
Fee: $1,100.00
Task 7. Generate Draft Report
This task will involve compiling the results of the MS Access queries into a
report. The report will include a history of project implementation up to this
point, a presentation of results and discussion including interpretation of
results.
Deliverables: Draft report
Fee: $2,440.00
Total Phase II = $3,540.00
Total for Phase I and Phase II Not to Exceed $8,000.00.
day
"
a
of the State of
address is 1100 Simonton StreetJ Key West, Florida 33040, hereafter the
BOCC or COUNTY, and Patricia L McNeese5 P.O. Box 450 Crystal River,
Florida 34423 hereafter CONTRACfOR,
Sedion 1$
Scope. The CONTRACfOR and the COUNIY, for the
consideration named agree to complete a scope of work identified as the
Lignumvitae Key Submerged Land Management Area Boat Grounding Project
shown in Exhibit A, attached hereto and incorporated herein by reference.
Section 2.
ReporiiD.g. In consideration of the services described above,
CONTRACfOR agrees to provide a report for each Phase of two phases of the
project, as more particularly described in Exhibit A.
Section 3~
, ~ymeD.t. The CONTRACTOR shall submit invoices for any
single or multiple completed msk(s) within the Scope of Work provided in
Exhibit A with documentation to satisfy the COUNTY Clerk of the completion
of the
and the COm"TTY
pay according to the '~Deliverables'" in
Prompt Payment Act. It
be the
Marine Resources staff to determine
Contt1lCl with ~tric'ill McN_
4126/:rooo 3:18 PM
or
part of a task deemed incomplete. Without further written amendment
the tbeContract amount shall not exceed $8,000.
Payment under this agreement is contingent upon annual appropriations of the
Boec,
Section 4.
Contract Termination. Either party may terminate this
Contract because of the failure of the other party to perform its obligations
under the Contract If the COUNTY terminates this Contract because of the
CONTRACTOR1s failure to perform, then the COUNTY must pay the
CONTRACTOR the amount due for all work satisfactorily completed as
determined by the COUNTY up to the date of the CONTRACTOR's failure to
perform but minus any damages the COUNTY suffered as a result of the
CONTRACTOR's failure to perform. The damage amount must be reduced by
the amount saved by the COUNTY as a result of the Contract termination. If
the amount owed the CONTRACTOR by the COUNTY is not enough to
compensate the COUNTY, then the CONTRACI'OR is liable for any
additional amount necessary to adequately compensate the COUNTY up to the
amount of the Contract price.
Section S.
Reconls~ CONTRACTOR shall maintain all books, records,
and documents directly pertinent to performance under this Agreement in
Conttac! witb Patricia McNeese
4/2612005 3:18 PM
principles
Each party
this Agreement or their authorized representatives shall have
reasonable and timely access to such records of each other party to this
Agreement for public records purposes during the term of the Agreement and
for four years following the termination of this Agreement. If an auditor
employed by the COUNTY or Clerk determines that monies paid to
CONTRAcrOR pursuant to this Agreement were spent for purposes not
authorized by this Agreement, the CONTRACTOR shall repay the monies
together with interest calculated pursuant to Sec. 55.03, FS, running from the
date the monies were paid to CONTRACTOR.
Section 6.
Employees Subject to COUNTY Ordinance Nos.. 010 and
020-1990. The CONTRACfOR warrants that it has not employed, retained, or
otherwise had act on its behalf any fonner COUNfY officer or employee
subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any
COUNTY officer or employee in violation of Section 3 of Ordinance No. 020-
1990. For breach or violation of this provision, the COUNTY, in its discretion,
may terminate this Contract without liability and may also, in its discretion,
deduct from the Contract or purchase price, or otherwise recover the full
amount of any fee, commission, percentage gift, or consideration paid to the
former COUNTY officer or employee.
Cootnlct with Palricm McNeese
4/2612005 3:18 PM
or
on convicted vendor list fonowing a conviction for public entity crime may
not submit a bidonarontrnct to provide any goods or services to apubUc
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 perform
work as a contractor, supplier, subcontractor, or CONTRACTOR under
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 of the
Florida Statutes~ for the Category two for a period of 36 months from the date
of being placed on the convicted vendor list.
Section 8.
Insurance.
Prior to execution of this agree, the
CONTRACTOR shall furnish the COUN1Y Certificates of insurance
indicating the following coverages or in excess thereof:
. Workers Compensation in the amount of statutory limits as specified in
Florida Statutes 440.
*' General Liability (Premises operations, blanket contractual~ expanded
definition of property damage, products & completed operations,
personal injury) with:
$100,000 per Person;
$300,000 per occurrence; and
Omttact wiill Patricia McNeese
4!26t200S 3;18 PM
@I
and
$25,000
damage or $100,000 combined single limit,
@I Planner's Errom
Omissions Liability with:
$100,000 per Oc-eurrence; and
$100,000 Aggregate.
Section 9"
CommunicatioD Between Parties.
All communication
between the parties should be through the following individuals or their
designees :
Monroe COUNTY
CONTRACI'OR
George Garrett, Director
Department of Marine Resources
2798 Overseas Highway,
Suite 420
Marathon, FL 33050
Patricia L McNeese
P.O. Box 450
Crystal River, Florida 34423
Section 10.
Governmg Law. This Agreement shall be governed by and
construed in accordance with the laws of the State of Florida applicable
to
entirely in
Section
In the
cause of action or administrative
for
or interpretation trJs Agreement,
~ witlt huici& MeW-
4,'26J2OOj 3:18 NJ:
venue
or
appropriate administrative body in Monroe COUNTY,
Florida.
Section 12.
Interpretation. The COUNTY and CONTRACTOR agree
that, in the event of conflicting interpretations of the terms or a term of this
Agreement by or between any of them the issue shall be submitted to mediation
prior to the institution of any other administrative or legal proceeding.
Section 13.
Severability. If any term, covenant, condition or provision of
this Agreement (or the application thereof to any circumstance or person) shall
be declared invalid or unenforceable to any extent by a court of competent
jurisdiction, the remaining terms, covenants, conditions and provisions of this
Agreement, shall not be affected theIeby; and each remaining term, covenant,
condition and provision of this Agreement shall be valid and shall be
enforceable to the fullest extent permitted by law unless the enforcement of the
remaining terms, covenants, conditions and provisions of this Agreement
would prevent the accomplishment of the original intent of this Agreement.
The COUNTY and CONTRACTOR agree to reform the Agreement to replace
any stricken provision with a valid provision that comes as dose as possible to
the intent of the stricken provision.
Contract with PlIlricis McNeese
4fU,t1OO5 :US PM
or
or
interpretation
this Agreement, the prevailing party shall be entitled
reasonable attorney's fees, court costs, investigative, and out-of=pocket
expenses, as llil award against the non-prevailing party, and shall include
attorney's fees, courts costs, investigative, and out-of-pocket expenses in
appellate proceedings. Mediation proceedings initiated and conducted
to this Agreement shall be in accordance with the Florida Rules of
Civil Procedure and usual and customary procedures required by the circuit
court of Monroe COUNTY,
Section 15"
BiDding Effec~ The terms, covenants, conditions, and
provisions
this Agreement shall bind and inure to the benefit of the
COUNTY and CONTRACTOR and their respective legal representatives,
successors, and assigns.
Section 16.
Authority. Each party represents and warrants to the other that
the execution, delivery
performance of this Agreement have been duly
authorized bv
d'
and corporate
as required
Section
Federal or State Aid. The CONTRACTOR
and empowered to apply for,
ColPeUa with It'a!ricia MclW-~
4f.26I2O(l5 3:113 PM
provided that
applications, requests, grant proposals, and funding
solicitations shall be approved by each party prior to submission.
Section 18.
Adjudication of Disputes or Disagreements. The COUNTY
and CONTRACTOR agree that all disputes and disagreements shall be
attempted to be resolved by meet and confer sessions between representatives
of each of the parties. If no resolution can be agreed upon within 30 days after
the first meet and confer session, the issue or issues shall be discussed at a
public meeting of the Board of COUNTY Commissioners. If the issue or
issues are still not resolved to the satisfaction of the parties, then any party
shall have the right to seek such relief or remedy as may be provided by this
Agreement or by Florida law.
Section 19.
Cooperation. In the event any administrative or legal
proceeding is instituted against either party relating to the formation, execution,
performance, or breach of this Agreement? COUNTY and CONTRACTOR
agree to participate, to the extent required by the other party, in all proceedings?
hearings, processes, meetings, and other activities related to the substance of
this Agreement or provision of the services under this Agreement. COUNTY
and CONTRACTOR specifically agree that no party to this Agreement shall be
required to enter into any arbitration proceedings related to this Agreement
Contract with Patricia McNeese
412612005 3:18 PM
that there
no discrimination against any person, and it is expressly
understood that upon a determination by aoourt of competent jurisdiction that
discrimination has occurred, this Agreement automatically terminates without
any further action on the part of any party, effective the date of the court order.
COUNTY or CONTRACTOR agree to comply with all Federal and Florida
statutes, and all local ordinances, as applicable, relating to nondiscrimination.
These include but are not limited to: 1) Title VI of the Civil Rights Act of
1964 (PL 88-352) which prohibits discrimination on the basis of race, color or
national origin; 2) Title IX of the Education Amendment of 1972, as amended
(20 use 88.
1681..1683, and 1685-1686), which prohibits discrimination on
the basis of sex; 3) Section 504 of the Rehabilitation Act of 1973, as amended
(20 use s. 794), which prohibits discrimination on the basis of handicaps; 4)
The Age Discrimination Act of 1975, as amended (42 USC ss. 6101- 6107)
which prohibits discrimination on the basis of age; 5) The Drug Abuse Office
and Treatment Act of 1972 (PL 92-255), as amended, relating to
nondiscrimination on the basis of drug abuse; 6) The Comprehensive Alcohol
Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970
(pL 91-616), as amended, relating to nondiscrimination on the basis of alcohol
abuse or alcoholism; The Public Health Service Act of 1912, SS. 523 and 527
Contract Mill Palricfu McH_
4/2612005 3:18 PM
SS,
as
alcohol and drug abuse patent records;
VIII the Civil Rights Act of
USGs,et seq.)~ as amended, relating to nondiscrimination in thesaleJ
rental or financing of housing; 9) The Americans witb Disabilities Act of 1990
(42 use s. 1201 Note), as maybe amended from time to time, relating to
nondiscrimination on the basis of disability; 10)
Monroe County Code
Chapter 13, Article VI, prohibiting discrimination on the basis of race, color,
sex~ religion, disability, national origin, ancestry, sexual orientation, gender
indentity or expression, familial status, or age; and 11)
Any other
nondiscrimination provisions in any Federal or state statutes which may apply
to the parties to, or the subject matter of, this Agreement.
Section 21.
Covenant of No Interest. COUNTY and CONfRACfOR
covenant that neither presently has any interest, and shall not acquire any
interest, which would conflict in any manner or degree with its performance
under this Agreement, and that only interest of each is to perform and receive
benefits as recited in this Agreement.
Section 22.
Code of Ethics, COUNTY agrees that officers and employees
of the
recognize and will be required comply with the standards
of conduct for public officers and employees as delineated in Section 112.313,
Florida Statutes, regarding, but not limited to, solicitation or acceptance of
ConQrlitl with Patricia McNeese
412612005 3:18 PM
s
or
No COUNTY
warrant that, in respect itself, it bas neither employed nor
retained any company or person, other than a bona fide employee working
solely for it, to solicit or secure this Agreement and that it has not paid or
agreed to pay any person, company, corporation, individual, or firm, other than
a bona fide employee working solely for it, any fee~ commission, percentage,
gift, or other consideration contingent upon or resulting from the award or
making of this Agreement. For the breach or violation of the provision, the
CONTRACTOR agrees that the COUNTY shall have the right to terminate this
Agreement without liability and, at its discretion, to offset from monies owed,
or otherwise recover, the fun amount of su.ch fee, commission, percentage, gift,
or consideration.
SectioD 24~
Public Acces~ The COUNTY and CONTRACtOR shall
and reasonable access to, and inspection of, aU documents,
or or
or
this
CcmJ:fuei witlJ Palricia MeW-
~~3:UIPM
violation this
CONTRACfOR.
SeCtiOD
NODw W eiver. of Immumity. Notwithstanding he . provisions. of
Sec. 286.28, Florida Statutes, the participation of the COUNTY and the
CONTRAcrOR in this Agreement and the acquisition of any commercial
liability insurance coverage, self-insurance coverage, or local government
liability insurance pool coverage shall not be deemed a waiver of immunity to
the extent of liability coverage, nor shall any contract entered into by the
COUNfY be required to contain any provision for waiver.
Section 266
Privileges and Immunities. All of the privileges and
immunities from liability, exemptions from laws, ordinances, and rules and
pensions and relief, disability, workers' compensation, and other benefits
which apply to the activity of officers, agents, or employees of any public
agents or employees of the COUNTY. when performing their respective
functions under this Agreement within the territorial limits of the COUNTY
shall apply to the same degree and extent to the performance of such functions
and duties of such officers} agents, volunteers~ or employees outside the
tenitoriallimits of the COUNTY.
Section 21 ~
Legal Obligations and ResponsibiUties~ Non~Delegation
Constitutional or Statutory Duties. This Agreement is not intended to~ nor shall
Contract .with Pmricia McN_
4126!2005 3:18 PM
it
or
may
the obligation or responsibility"
Further,
intended
nor shaH it
construed as~
authorizing the delegation of the constitutional or statutory duties of the
COUNTY, except to the extent permitted by the Florida oonstitution~ state
statute, and case law.
Section 28. Non~Relianre by Non~Parties. No person or entity shaH be
entitled rely upon the terms~ or any of them~ of this Agreement to enforce or
attempt to enforce any third-party claim or entitlement to or benefit of any
service or program contemplated hereunder, and the COUNTY and the
CONTRACTOR agree that neither the COUNTY nor the CONTRACTOR or
any agent~ officer, or employee of either shall have the authority to inform~
counsel, or otherwise indicate that any particular individual or group of
individuals, entity or entitiesy have entitlements or benefits under this
Agreement separate and apart, inferior
or superior to the community in
or
CooillU;t wita P1L~.E Mc~
4~3;18 PM
as the
a Public
Statement, and a Drug-Free Workplace Statement.
Section 30.
NO' Personal Liability. No covenant or agreement contained
herein shaH be deemed to be a covenant or agreement of any member, officer,
agent or employee of Monroe COUNTY in his or her individual capacity, and
no member, officer, agent or employee of Monroe COUNTY shall be liable
personally on this Agreement or be subject to any personal liability or
accountability by reason of the execution of this Agreement.
Section 31.
Execution in Counterparts. This Agreement may be executed
in any number of counterparts, each of which shall be regarded as an original,
all of which taken together shall constitute one and the same instrument and
any of the parties hereto may execute this Agreement by singing any such
counterpart.
Section 32.
Section Headings. Section headings have been inserted in this
Agreement as a matter of convenience of reference only, and it is agreed that
such section headings are not a part of this Agreement and will not be used in
interpretation any provision of this Agreement
Section 33.
IndenmifylHold Harmless. Contractor agrees to indemnify
and save COUNTY harmless from and against aU claims and actions and
Contract with !'mid" McN=
4126/1005 3:1& I'M
or
from
negligence
agents, or employees
IS
services under. this Agreement.. However~Contractor
shall not be liable for any claims, actions or expenses which arise from the
negligent or intentional acts or omissions of the COUNTY" its agents or
employees. The extent of liability is in no way limited to, reduced, or lessened
by the insurance requirements contained elsewhere within this agreement.
Section 34. The effective date of this Contract is
. 2005 or upon
signature of both parties. The termination date will be June 30, 2006.
IN WITNESS WHEREOF each party hereto has caused this Agreement to be
- . .
. .
/"executedbYits duly authorized representative.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
,(~J# >n ~
Mayor/Chairman os-/lV" 'S
(SEAL)
Attest;
PATRICIA L. MCNEESE
By ,
Title e
G/OZO/o5
By
Title
Comf>K'.l with Patricfu McNeese
4/26f2005 3:18 PM
EXHIBIT A
Lignumvitae Submerged Land Management Area
Boat Grounding Project
Corltm.c! willi Patricia MCNoore
4/26(>..005 3:18 PM
IDtmdumon
The Botanical State Park and Lignumvitae Key Aquatic
Preserve cover an area that includes approximately 10,000 acres of submerged
lands known as the Lignumvitae Key Submerged Land Management Area
(LKMA). This area includes navigation channels and shallow flats that harbor
sensitive marine resources including seagrnsses and corals. This area is also an
attractive and very active recreational destination for residents and visitors
en.gaged in water-related activities such as fishing, boating and snorkeling.
LKMA has employed several tools to manage visitors while providing for the
protection of sensitive marine resources, especially over the past 10 years. These
activities have included &~no-motor zoning," education, enforcement, resource
mapping, and injury restoration. Despite this a.ctivity, LKMA has experienced
extensive damage to benthic resources as a result of boat groundings and propeller
scarring. LKMA has tracked individual damage events, especially over the last 10
years, through entry into a database at the park.
To usist them with future management strategies, LKMA will perform
compilation and analysis of the boat grounding event information in its database
accumulated through fiscal year 2003-2004. The data will be analyzed for trends
in order to determine what future management actions might help to reduce
groundings. Future management actions may include anything from specific area
marking to target audience education. Monroe County has expressed interest in
obtaining the results of such an analysis. Boat grounding injuries are occurring
throughout the Keys and Monroe County is implementing similar management
actions such as education and channel marking. Results of the LKMA data
analysis would assist the Coooty with planning of future management activities
a which Finally,
there is a desire among aU marine resource agencies in the Key, including the
(FKNMS) consistency
with respect to recording of boat grounding events.
of past from LK-MA}
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~'5 3:18 PM
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for future data sharing among the agencies, Th.e project consists of four
phases summarized as
Phase I - Data Needs
Task L Examine data and coordinate with staff on the past methods and context of
entry ,
Task 2. List and organize questions to be answered about the data. Coordinate
with resource agencies to obtain questions.
Task 3. Determine methods of data analysis within and outside MS Access.
Task 4. Normalize data and add necessary fields for MS Access analysis.
Phase 11- MS Access Data Analysis and Reporting
Task L Build MS Access queries.
Task 2, Generate data and first draft report (results and discussion).
Phase m - Data Analysis Outside MS Access
Task 1. Finalize methods of data analysis outside MS Access.
Task 2. Reformat data to perform non-Access analysis.
Task 3. Generate data and incorporate into final report.
Phase IV - Future Use by Staff
Task 1. Set up instructions for consistent future data entry and query runs.
Task 2. Link data to Arc View GIS maps and set up for future entry.
Tasks to be Completed
This scope of work covers Phase I and Phase II tasks detailed below.
Phase I. Data Needs
Contmct with Patricia McN_
4{26J2005 3:18 PM
This
and examination
entered
past. methods. and
identify
specific data fields.
including such
etc,
a complete data base
content of data. past
to clarify any inconsistencies in
dataentry. During this an attempt wiUbealso
strengths~ weaknesses and degree of accmacy of
A brief summary description of the data will be completed
as number of files and entries, field names and descriptions,
Deliverables: Stmh-nary description of spreadsheet data
Fee: $800.00
Task 2, Study Goals
This task will involve basically compiling a list of priority results we'd like to
generate through analysis of the data, Le., what questions we'd like answered. The
data format and summary description will be compiled and supplied to an
interagency group including staff of Florida Department of Environmental
Protection (FDEP) District 5 Parks and LKMA, FDEP Office of Coastal and
Aquatic Management Areas (CAMA), Florida Keys National Marine Sanctuary
(FKNMS), Monroe County and possibly law enforcement agencies. Comments
and study questions will be solicited from these agencies in an organized format
and then presented back in summary. A general approacb to analysis of the data
will be outlined at this point.
DeIiverables: Summary of agency data questions
Outline of approach to data analysis
Fee: $960.00
Task 3. MS Access Analysis
The data spreadsheet is in Microsoft Word Access (MS Access) format. This task
will involve determination of methods of data analysis within the MS Access
format. Data in MS Access can be analyzed through a query building. Questions
about the data that can be answered via query-building format will be identified.
data format are necessary MS Access queries win
also be identified. A StLtnmary will be provided.
Access
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4!26!2005 3:1.8 PM
Task 4" Other Analysis
Some of the study goals (questions) identified in Task 2 may require further
statistical or other analysis beyond capabilities the MS Access program~
These will be identified along with methods of analysis, if any are available. The
appropriateness and completeness of the data for generating results under further
analysis will also be evaluated. A summary will be provided. At this point,
questions that cannot be answered due to data limitations will be identified and
recommendations will be made on what new or changed data entry methods would
be needed to answer these questions.
Deliverables: Summary of potential data analysis outside MS Access framework
Fee: $640.00
Task 5. Normalize Data for MS Access Analysis
This task will essentially involve completion of all necessary formatting of the
data for MS Access analysis.
Deliverables:
Fee: $1,100.00
Reformatted MS Access spreadsheet data
Total Phase I: $4A60.00
Phase 11- MS Access Data Analysis and Reporting
Task 6. Build MS Access Queries
This task will involve building of MS Access queries to answer question and
generate results identified in Task 3. The result will be discrete and trend data
(including charts and graphs where appropriate) resulting from the queries.
Deliverables: Raw data results from MS Access queries
Fee: $1,100.00
Task 7. Generate Draft Report
This task will involve compiling the results of the MS Access queries into a report
The report will include a history of project implementation up to this point, a
presentation of results and discussion including interpretation of results.
Deliverables: Draft report
ConlK&ct with l'atticia McNeese
4/26f2005 3:18 PM
Total Phase II =: $3,540.00
Total for Phase land Phase II Not to Exceed $8,000.00,
O:mttilcl: with PalrIci:; McNeese
4!26!2005 3:18 PM
Cootnu:t with ~lricill McNeese
4/26!200S :3:18 PM
Insurance Information