HomeMy WebLinkAbout2000 10 23 Consent D Joint Funding For the Watershed Atlas
COMMISSION AGENDA
ITEM D
CONSENT X
INFORMA TlONAL
PUBLIC HEARING
REGULAR
October 23,2000
Meeting
MGR ~PT jfr"
Authorization
REQUEST: Public Works Department/Stormwater Division Requesting Authorization to
Execute an Interlocal Agreement Providing Joint Funding for the Watershed
Atlas between municipalities within Seminole County and Seminole County.
PURPOSE: The purpose ofthis Board item is to authorize the Mayor to execute the attached
interlocal agreement with the NPDES coapplicants for the Seminole County
Watershed Atlas. The Watershed Atlas also serves to satisfY our permit requirements
of the National Pollution Discharge Elimination System (NPDES) for both
educational and public input solicitation for illicit discharges.
CONSIDERA TIONS:
This interlocal agreement is needed for the City to participate with the other
governmental entities within Seminole County in developing a Watershed Atlas for Seminole
County. The Seminole County Stormwater Division contracted with the University of South
Florida to develop an interactive, "citizen-friendly" Internet database in July 1999. The
Seminole County Watershed Atlas project will allow the archiving and dissemination oflake
and stream data. It is the intent of this project to design an information collection and
dissemination system that employs the Geographic Information System (GIS) and can be
disseminated via the World Wide Web.
Seminole County collects data for many of the County's lakes and streams for
purposes of resource management. In addition, the St. Johns River Water .Management
District, Florida Game and Freshwater Fish Commission, the United States Geological
October 23, 2000
Consent Agenda Item D
Page .2
Survey, the Florida Department of Environmental Protection, and other private agencies
monitor such parameters as lake levels, water quality, and habitat value for selected lakes and
natural areas in Seminole County. Finally, citizen groups and neighborhood associations
often record various historic and water level data on their local lakes. Despite the abundance
of information, no single source exists for government leaders and staff, scientists, and
citizens of Seminole County. The purpose of this project is to design and maintain a single
source of surface water data using existing information management technologies in a citizen-
friendly interface. The Atlas will make this data available to a maximum number of people in
an efficient and cost-effective manner.
In addition, the Atlas is being designed for efficient and rapid updating as sampling
location, protocol, and conditions change. Both bathymetric and vegetative maps will be
developed as part of this project and included in the Atlas. Volunteer opportunities,
stormwater education, and inquiries for the solicitation of public input for the detection of
illicit discharges/connections will all be included in the Atlas.
FINANCIAL IMPACT:
The initial outlay for the current budget year would amount to $10,000, which
would be funded from the Stormwater Utility Fund's Capital Improvement Fund. Each of
the seven cities have been asked to contribute $10,000 with Seminole County and
SJRWMD contributing the rest. The annual maintenance cost for three additional years
for each of the cities is projected at $5,000.
RECOMMENDATION:
I am recommending that the Mayor be authorized to execute the attached
interlocal agreement providing for the joint funding for the Watershed Atlas between
municipalities and Seminole County within Seminole County payable from the Stormwater
Utility Capital Improvement line code.
October 23, 2000
Consent Agenda Item D
Page.l
ATTACHMENTS:
1. Interlocal Agreement Providing Joint Funding for the Watershed Atlas beween
Municipalities within Seminole County and Seminole County.
COMMISSION ACTION:
-'
ATTACHMENT NO. 1
INTERLOCAL AGREEMENT
PROVIDING JOINT FUNDING FOR THE
WATERSHED ATLAS BETWEEN
MUNICIP ALITIES AND SEMINOLE COUNTY
WITHIN SEMINOLE COUNTY
THIS INTERLOCAL AGREEMENT is made and entered into this _ day of
, 2000, by and between the CITY OF AL T AMONTE SPRINGS, a
Florida municipal corporation, whose address is 225 Newburyport Avenue, Altamonte Springs,
Florida 32701; the CITY OF CASSELBERRY, a Florida municipal corporation, whose address
is 95 Triplet Lake Drive, Casselberry, Florida 32707, the CITY OF LAKE MARY, a Florida
municipal corporation, whose mailing address is Post Office Box 950700, Lake Mary, Florida
32795-0700; the CITY OF LONG WOOD, a Florida municipal corporation, whose address is
175 West Warren, Longwood, Florida 32750, the CITY OF OVIEDO, a Florida municipal
corporation, whose address is 400 Alexandria Boulevard, Oviedo, Florida 32765-0159; the
CITY OF SANFORD, a Florida municipal corporation, whose mailing address is Post Office
Box 1788, Sanford, Florida 32772-1788; the CITY OF WINTER SPRINGS, whose address is
1126 East State Road 434, Winter Springs, Florida 32708, hereinafter referred to as "CITIES" or
"CITY" and SEMINOLE COUNTY, a political subdivision of the State of Florida, whose
address is Seminole County Services Building, 1101 East First Street, Sanford, Florida 32771,
hereinafter referred to as "COUNTY;"
WIT N E SSE T H:
WHEREAS, the CITIES and COUNTY desire to promote public education and resource
management; and
WHEREAS, the CITIES and COUNTY desire to maintain and assist in the improvement
of water quality and preserve and enhance the environmental quality of streams and receiving
waters; and
WHEREAS, pursuant to Section 402(P)(2), Federal Clean Water Act, Certain political
entities are required to implement stormwater management programs within certain time frames
and in which public education is an important component of said program; and
WHEREAS, the COUNTY has entered into the "Agreement between Seminole County
and the University of South Florida for work on the Seminole County Watershed Atlas Project"
dated July 13, 1999 to develop and maintain a centralized database called the Seminole County
Watershed Atlas; and
WHEREAS, the CITIES and COUNTY desire to develop and maintain a centralized
database, called the Seminole County Watershed Atlas, containing all existing surface water
information, which will be made available to the public via the World Wide Web.
WHEREAS, the CITIES and COUNTY have approved the concept of intergovernmental
cooperation to develop and maintain the Seminole County Watershed Atlas.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
promises contained herein, and other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledge, the parties agree as follows:
Section 1. Purpose. The purpose of this Agreement IS to set forth the
relationship of the CITIES, and COUNTY with respect to the general responsibilities of the
CITIES and COUNTY in supporting development and long term maintenance of the Seminole
County Watershed Atlas.
Section 2. General Responsibilities.
(a) The CITIES and COUNTY are responsible for providing funding
for the development and maintenance for the Seminole County
Watershed Atlas.
(b) The Seminole County Watershed Atlas Project is described in the
attached Exhibit A to this Agreement, which is incorporated herein
by this reference. Exhibit A is composed of the "Agreement
between Seminole County and the University of South Florida for
work on the Seminole County Watershed Atlas Project" dated July
13, 1999, consisting of seven (7) pages plus the Exhibits to the
Agreement.
(c) The agreed funding obligations of the CITIES is set forth in the
attached Exhibit B, which is incorporated herein by this reference.
(d) The COUNTY shall administer the collections of the funding
obligations from the CITIES and pay such funds to the University
of South Florida under the terms and conditions of the Agreement
attached as Exhibit A.
2
(e) Each CITY agrees that the initial funding obligations for
development of the atlas detailed in Exhibit B at the sum of
$10,000 for the first 18 months, shall be paid to the COUNTY
within thirty days of execution of this Agreement by the last entity
executing it. Thereafter, each CITY shall pay the annual
maintenance and additional services funding detailed in Exhibit B
to the COUNTY on or before October 1 of each year. Each City
may exercise the option of not renewing the annual maintenance
funding, but would then be responsible for funding their portion
(1/8 of the total itemized cost including, but not limited to labor
and laboratory analyses) of the mandatory NPDES monitoring
requirements (including but not limited to: water chemistry,
sediment, and macroinvertibrate sampling/stream conditions index
assessments); and the costs for any additional services (optional
tasks 8 and 9) provided under Exhibit A, including bathymetric
mapping and oral histories, as requested by each City.
Section 3. Copies. Upon final execution of this Agreement, two (2) copies
shall be provided to each party herein.
Section 4. Budget. The co-applicants hereto recognize that under their
respective legal powers they are unable to obligate themselves legally to expend funds in excess
of one (1) budget year; however, the co-applicants hereby bind themselves to complete this
Agreement as they may be able to in accordance with the laws of the State of Florida, and agree
to appropriate funds subject to budgetary constraints and other financial considerations.
Section 5. Notices. All notices provided for herein shall be in writing and
mailed by registered or certified mail, or hand delivered to the addresses shown below, which
addresses may be changed upon proper written notice to the others as provided below:
ALTAMONTE
CASSELBERRY
City Engineer
225 Newburyport A venue
Altamonte Springs, FL 32701
(407) 830-3857
City Engineer
95 Triplet Lake Drive
Casselberry, FL 32707
(407) 262-7700
3
LAKE MARY
WINTER SPRINGS
Director of Public Works
Post Office Box 950700
Lake Mary, FL 32795-0700
(407) 324-3000
Director of Utilities
1126 East State Road 434
Winter Springs, FL 32708
(407) 327-1800
LONGWOOD
COUNTY
City Engineer
175 W est Warren A venue
Longwood, FL 32750
(407) 263-2383
Kim Omberg, P .E.
Environmental Engineer
Public W orks/Stormwater
520 West Lake Mary Blvd., Suite 200
Sanford, FL 32773
(407) 665-5738
OVIEDO
SANFORD
City Engineer
Oviedo, FL 32765
(407) 977-6029
400 Alexandria Blvd.
City Engineer
Post Office Box 1788
Sanford, FL 32772-1788
(407) 330-5600
Section 6. Severability. If any part of this Agreement IS found invalid or
unenforceable by any Court, such invalidity or unenforceable shall not affect the other parts of
this Agreement if the rights and obligations of the parties contained herein are not materially
prejudiced and if the intentions of the parties can continue to be effected. To that end, this
Agreement is declared severable.
Section 7. Effect. No additions, alterations or variations of this Agreement shall be
valid, nor can provisions of this Agreement be waived by any party unless such additions,
alterations, variations or waiver are expressly set forth in writing and duly signed by the parities.
This Agreement shall be governed by the laws of the State of Florida, and it shall become
effective immediately upon execution by the parties hereto.
Section 8. Assignment. This Agreement shall be binding on the parties hereunder
and their representatives and successors. The parties shall not assign this Agreement or the
4
rights and obligations hereunder to any other parties without the prior written consent of the
other parties hereto.
Section 9. Public Records Law. Each party acknowledges its obligation under
Chapter 119, Florida Statutes, to release public records to members of the public upon request.
Each party acknowledges it is required to comply with Chapter 119, Florida Statutes, in the
handling of the materials created under this Agreement and that the statute controls over the
terms of this Agreement.
Section 10. Effective Date Term. This Agreement shall become effective upon full
execution by the parties hereto. Unless otherwise terminated by agreement of the parties, this
Agreement shall remain in effect for five (5) years with two (2) one-year optional renewals.
Section 11. Indemnification.
(a) No party to this Agreement, its officers, employees and agents
shall be deemed to assume any liability for the acts, omissions and
negligence of the other party, its officers, employees and agents.
(b) Each party to this Agreement is responsible for all personal injury
and property damage attributable to the negligent acts or omissions
of that party and the officers, employees, and agents thereof. In
addition, each party is entitled to the benefits of the provisions of
Section 768.28, Florida Statutes or any other similar Statutes.
Section 12. Conflict of Interest. Each party to this Agreement agrees that it will not
contract for or accept employment for the performance of any work or services with any
individual, business, corporation or government unit that would create a conflict of interest in the
performance of its obligation pursuant to this Agreement with COUNTY.
IN WITNESS WHEREOF, the lawful representative of the parties hereto have executed and
affixed their official seals to this Agreement for the purposes herein expressed on the date and
year first above written.
5
ATTEST:
PAT WAINRIGHT, City Clerk
CITY OF AL T AMONTE SPRINGS
By:
Date:
6
J. DUDLEY BATES, Mayor
ATTEST:
THELMA McPHERSON, City Clerk
CITY OF CASSELBERRY
By:
Date:
7
BRUCE PRONOVOST, Mayor
ATTEST:
CAROL A. FOSTER, City Clerk
CITY OF LAKE MARY
By:
Date:
8
DAVID MEALOR, Mayor
ATTEST:
GERALDINE D. ZAMBRl, City Clerk
CITY OF LONGWOOD
By:
Date:
9
PAUL LOVERSTRAND, Mayor
ATTEST:
CINDY S. BONHAM, City Clerk
CITY OF OVIEDO
By:
Date:
10
MAR Y LOU ANDREWS, Mayor
ATTEST:
JANET R. DOUGHERTY, City Clerk
CITY OF SANFORD
By:
Date:
11
LARRY DALE, Mayor
ATTEST:
{~
ANDREA LO
- UACES, City Clerk
CITY OF WINTER SPRINGS
By:
Date: October
12
ATTEST:
MARY ANNE MORSE
Clerk to the Board of County
Commissioners of Seminole County, Florida.
F or the use and reliance of
Seminole County only. Approved
As to form and legal sufficiency.
County Attorney
Date
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
Date:
CARLTON HENLEY, Chairman
As authorized for execution by the Board
of County Commissioners at their
, 1999 regular meeting.
13
Exhibit A
Agreement Between
Seminole County
and
The University of South Florida
For
Work on the
Seminole County Watershed! Atlas Project
.'1
. .'
.- .
AGREEMENT BETWEEN
CERTIFIED topy
MARYANN~ i"10RSE
CLF.R~: OF CIRCLl~T COURT
SE~NOLE COUNTY. FLORIDA
BY E~r~
PC:f'U IY CLERK
SEMINOLE COUNTY
AND
THE UNIVERSITY OF SOUTH FLORIDA
FOR
WORK ON THE
SEMINOLE COUNTY WATERSHED ATLAS PROJECT
This Agreement, made and entered into this /3 day of .;;/'"'" Iy ,1999, by and
between Seminole County, a political subdivision of the State of Florida, hereinafter referred to
as "COUNTY", and the University of South Florida, acting for and on behalf of the Board of
Regents, a public corporation of the State of Florida, hereinafter referred to as the
"UNIVERSITY".
WITNESSETH:
WHEREAS, the UNNERSITY and the COUNTY have reached an understanding on the
type, extent, quality and time of performance and service and/or materials to be rendered and the
amount and method of compensation to be paid the UNNERSITY on the project, and both wish
to reduce the understanding to a written Agreement; and
WHEREAS, the UNNERSITY agrees to perform the work and service in accordance
with the specifications set forth in this Agreement which shall be completed with reasonable
dispatch upon written authorization.
NOW, THEREFORE, in consideration of the mutual covenants, conditions and terms set
forth herein, the COUNTY and the UNNERSITY mutually agree as follows:
ARTICLE I - INDEPENDENT CONTRACTOR
It is agreed that nothing herein contained is intended or should be construed as in any manner
creating or establishing a relationship of co-partners between the parties, or as constituting the
UNNERSITY (including its officers, employees, and agents) the agent, representative, or
employee of the COUNTY for any purposes, or ,in any manner, whatsoever. The UNNERSITY
is to be and shall remain forever an independent contractor with respect to all services performed
under this Agreement.
ARTICLE II - SCOPE OF WORK
The UNNERSITY shall, upon written notice from the COUNTY, perform the services and
comply with the conditions described in Exhibit A entitled "Scope of Work," attached hereto and
made a part hereof by reference. The UNIVERSITY shall provide all labor, materials, tools,
equipment and transportation and any other service or facility for the proper execution of work in
accordance with this Agreement.
ARTICLE 111- AUTlIORIZATION FOR SERVICES
Authorization for performance of professional services by the UNNERSITY under this
Agreement shall be in the form of written Work Orders issued and executed by the COUNTY
1
.... .,' "
and signed by the UNIVEI TY. A sample Work Order is attache ereto as Exhibit C. Each
Work Order shall describe the services required, state the dates for commencement and
completion of work and establish the amount and method of payment. The Work Orders will be
is.sued under and shall incorporate the terms of this Agreement. The COUNTY makes no
covenant or promise as to the number of available projects nor that, the UNIVERSITY will
perform any project for the COUNTY during the life of this Agreement. The COUNTY reserves
the right to contract with other parties for the services contemplated by this Agreement when it is
determined by the COUNTY to be in the best interest of the COUNTY to do so.
ARTICLE IV - TIME FOR COMPLETION
The services to be rendered by the UNIVERSITY shall be commenced, as specified in such
Work Orders as may be issued hereunder, and shall be completed within the time specified
therein. In the event the COUNTY determines that significant benefits would accrue from
expediting an otherwise established time schedule for completion of services under a given Work
Order, that Work Order may include a negotiated schedule of incentives based on time savings.
ARTICLE V - PROJECT MANAGER
The COUNTY and UNIVERSITY each hereby designate the following employees as their
Project Managers to maintain coordination and review of the PROJECT. Each party's Project
Manager shall have sole complete authority to transmit instructions, receive infonnation,
interpret and communicate its principal's policies and make decisions with respect to all matters
pertinent to rendering the PROJECT.
For the COUNTY:
For the UNIVERSITY
Seminole County
Kim Omberg
Stormwater Division
520 W. Lake Mary Blvd.
Ste. 200
Sanford, FL 32773
University of South Florida
Kyle N. Campbell
Florida Center for Community Design & Research
University of South Florida
Tampa, FL 33620
ARTICLE VI - TERM
This Agreement shall commence on the date of execution and shall remain in effect for five (5)
years, unless terminated or extended in writing by mutual written agreement of the parties. This
Agreement shall include two (2) one-year optional renewals, with the fee to be negotiated at the
time of renewal.
ARTICLE VII - COMPENSATION
The COUNTY agrees to compensate the UNIVERSITY for the professional services called for
under this Agreement a total amount not to exceed SIX HUNDRED FIVE THOUSAND
DOLLARS AND NO/lOO ($605,000.00) for all Work Orders issued. Exhibit B contains the
itemized Preliminary Cost Estimate Allocation. Work Orders shall be issued on a "Fixed Fee"
basis. The applicable Work Orders shall provide for no reimbursable expenses.
2
ARTICLE VIII - PA YM:' . f AND BILLING
(a) The UNIVERSITY shall perform all work required by the Work Order but, in no
event, shall the UNIVERSITY be paid more than the negotiated Fixed Fee
amount stated therein.
(b) The UNIVERSITY may invoice the amount due based on the percentage of total
Work Order services actually performed and completed. The COUNTY shall pay
the UNIVERSITY ninety percent (90%) of the approved amount on Work Orders
issued on a "Fixed Fee Basis".
(c) Each Work Order issued on a "Fixed Fee Basis" with a Not-to-Exceed amount
shall be treated separately for retainage purposes. If the COUNTY determines
that work is substantially complete and the amount retained is considered to be in
excess, the COUNTY may, at its sole and absolute discretion, release the
retainage or any portion thereof.
(d) Payments shall be made by the COUNTY to the UNIVERSITY when requested
as work progresses for services furnished, but not more than once monthly. Each
Work Order shall be invoiced separately. UNIVERSITY shall render to
COUNTY, at the close of each calendar month, an itemized invoice properly
dated, describing any services rendered, the cost of the services, the name and
address of the UNIVERSITY, Work Order Number, Contract Number and all
other information required by this Agreement. The original invoice shall be sent
to:
Director of County Finance
Seminole County Board of County Commissioners
Post Office Drawer Q
Sanford, Florida 32772-0869
A duplicate copy of the invoice shall be sent to:
Public W orks/Stormwater Manager
520 W. Lake Mary Boulevard
Sanford, FL 32773
(e) Payment shall be made after review and approval by COUNTY within thirty (30)
days of receipt of a proper invoice from the UNIVERSITY.
ARTICLE IX - ALL PRIOR AGREEMENTS SUPERSEDED
This document incorporates and includes all prior negotiations, correspondence, conversations,
agreements of understandings applicable to the matters contained herein and the parties agree
that there are not comAlitments, agreements or understandings concerning the subject matter of
this Agreement that are not contained or referred to in this document. Accordingly, it is agreed
that no deviation from the terms hereof shall be predicated upon any prior representations or
agreements, whether oral or written.
3
ARTICLE X - CHANGES IN THE WORK; CORRECTIONS
N:o modification, amendment or alteration in the tenns or conditions contained herein shall be
effective unless contained in a written document executed with the same fonnality and of equal
dignity herewith.
ARTICLE XI - PROTECTION OF WORK, PROPERTY AND PERSONS
A. The UNIVERSITY shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the work. The UNIVERSITY shall
take all necessary safety precautions and shall provide the necessary protection to prevent
damage, injury or loss to all employees on the Project and other persons who may be
affected thereby. The UNIVERSITY shall comply with all applicable county, state, and
federal laws, ordinances, rules, regulations and orders of any public body having
jurisdiction over the Project or Project areas. The UNIVERSITY shall remedy all
damage, injury or loss to any property caused, directly or indirectly, in whole or part, by
the UNIVERSITY, any subcontractor or anyone directly or indirectly employed by any
of them.
Neither the UNIVERSITY nor any subcontractor shall discriminate against anyone with regard
to race, creed, sex or national origin in connection with activities of the Project. The
UNIVERSITY shall comply with all federal, state, and local laws, ordinances, rules and
regulations regarding non-discrimination.
ARTICLE XII - INDEMNIFICATION
To the extent provided by Florida Statute 768.28, the UNIVERSITY shall defend, indemnify and
save harmless the COUNTY and all COUNTY agents, employees and officers from and against
all actions, claims, demands, judgements, losses, payments, recoveries and suits of whatever
nature arising under this Agreement, including but not limited to claims for the injury or death of
persons arising out of or occurring as a result of any act or omission of the UNIVERSITY, or its
agent or employees in execution of the Project work. Nothing herein shall be deemed an express
or implied waiver of the sovereign immunity of the UNNERSITY or the Board or Regents.
ARTICLE XIII - INSURANCE
A. The UNIVERSITY is a public university of the State of Florida. As such, it is self
insured by the Florida Casualty Insurance Risk Management Trust Fund (FUND),
pursuant to Section 768.28 and Chapter 283, Part II, Florida Statutes, for liability
coverages.
B. The UNIVERSITY shall maintain force workers compensation benefits in accordance
with Florida Statutes for the duration of this Agreement.
C. A certificate of insurance and/or letter from FUND shall be issued to the COUNTY
evidencing the above requirements prior to the UNIVERSITY commencing work
pursuant to this Agreement.
D. The COUNTY shall receive thirty days prior written notice of any change or cancellation
by the FUND of any of the required coverages including the liability coverage.
4
ARTICLE XIV - SUBCONTRACTORS
A. The UNIVERSITY may utilize subcontractors in performance of this Agreement. The
UNIVERSITY shall be fully responsible to the COUNTY for the acts and omissions of
the subcontractors, and of all persons either directly or indirectly employed by the
subcontractors.
B. The UNIVERSITY shall insert provisions in all subcontracts, which bind subcontractors
to the UNIVERSITY for the completion of the work as provided in this Agreement. All
subcontractors shall empower the UNIVERSITY with discretion to terminate any
subcontract.
C. Nothing contained in this Agreement shall create any contractual relationship between
any subcontractor and the COUNTY.
ARTICLE XV - PROJECT RECORDS AND DOCUlVIENTS
A. Upon request, the UNIVERSITY shall allow the COUNTY to examine all project
records, and audit any Project books, documents and papers. This right of examination,
and audit, shall continue for the duration of the Project and for three years following
completion of the Project. The UNIVERSITY shall maintain all Project records, books,
documents and papers for at least three (3) years, following completion of the Project.
The UNIVERSITY recognizes and agrees that the COUNTY is subject to the Public
Records provisions of Chapter 119, Florida Statutes, and that all documents, papers,
letters and other materials made or received by the UNIVERSITY in conjunction with the
Project are subject to said provisions.
B. All data collected by the UNIVERSITY shall be reported to the COUNTY in a clear,
concise, chronological format. The COUNTY and UNIVERSITY shall mutually agree
on an acceptable format for data summaries.
C. Within ninety (90) days after completion of all Watershed Atlas design work, the
UNIVERSITY shall submit a draft final report the COUNTY. The draft shall be in
generally accepted scientific format. The initial and any subsequent draft reports shall be
subject to review and approval by the COUNTY. Within thirty (30) days of receipt by
the UNIVERSITY of the Final Draft Report reviewed and approved by the COUNTY,
the UNIVERS'ITY shall prepare and deliver the final report to the COUNTY. If the final
report is unacceptable to the COUNTY, the UNIVERSITY shall implement corrections
to satisfy the COUNTY.
ARTICLE XVI - STOP WORK ORDER
The COUNTY reserves the right to issue a Stop work Order to the UNIVERSITY and may
instruct that all performance under this Agreement shall immediately cease and desist ant that no
further billable costs are to be incurred. The Stop Work Order shall continue in full force and
effect until rescinded in writing the COUNTY.
5
.' .
ARTICLE XVII. TERM ATION
This CONTRACT may be terminated either partially or as a whole by either party, if either party
sl,lbstantially fails to fulfill its obligation pursuant to this CONTRACT through no fault of the
terminating party and the other part is provided (1) at least thirty (30) calendar days written
notice delivered by Certified Mail, Return Receipt Requested, and (2) an opportunity to consult
with the terminating party prior to termination of the CONTRACT.
ARTICLE XVIII. CONTINGENCY FEES
The UNIVERSITY warrants that it has not employed or retained any company or person, other
than a bona fide employee working solely for the UNIVERSITY 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 the UNIVERSITY any
fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or
resulting from the awarding of the Agreement. Any breach of this warranty shall entitle the
COUNTY may deduct the full amount of such fee, commission, percentage, brokerage fee, gift
or contingent fee from any monies that become due under this Agreement.
ARTICLE XIX. PRESS RELEASE
The UNIVERSITY shall not conduct any verbal or written medial interviews or issue any press
releases on or about this Project without written approval of the COUNTY, which shall not be
unreasonably withheld.
ARTICLE XX . MODIFICATIONS
This contract constitutes the entire Agreement between the parties. Neither this contract nor 'any
provision contained herein shall be corrected, modified, changed, revised, or assigned, nor shall
the term hereof be extended or renewed except by written agreement between the parties,
authorized, signed and appended to the original Agreement.
.
ARTICLE XXI . ASSIGNMENT
Neither the UNIVERSITY nor the COUNTY shall sell, transfer or assign, or otherwise dispose
of this Agreement nor any portion thereof, or of, any right, title or interest therein, or obligations
thereunder, without written consent of the other party.
ARTICLE XXII. NOTICES
All official notices, demands, requests, instructions, approvals, claims and reports shall be in
writing. All such notices shall be delivered to the parties at the address below (unless otherwise
instructed elsewhere in this Agreement):
Kim Ornberg
Public Works Department
Senior Engineer, Stormwater Division
520 W. Lake Mary Blvd.
Ste 200
Sanford, FL 32773
Pricilla Pope
ACl~lIg Director
Division of Sponsored Research
University of South Horida
Tampa, FL 33620
6
ARTICLE XXIII . CONF" " ':T OF INTEREST
The UNIVERSITY agrees that it will not commit any act that would cause or create a conflict of
interest as defined by Chapter 112, Florida Statutes, to exist or occur in the performance of its
obligations pursuant to this Agreement 'with the COUNTY. .
ARTICLE XXIV . CONSTITUTIONAL AND STATUTORY LIMIT A TION ON
AUTHORITY OF THE COUNTY
The terms and conditions of this Agreement placed upon the COUNTY are applicable only to the
extent they are within and consistent with the constitutional and statutory limitations on the
authority of the COUNTY. Specifically, the parties acknowledge that the COUNTY is without
authority to grant or pledge a security interest in any of the COUNTY's revenue sources or
property.
ARTICLE XXV. COMPLIANCE WITH LAWS AND REGULATIONS
In providing all services pursuant to this Agreement, the UNIVERSITY shall abide by all
statutes, ordinances, rules, and regulations pertaining to, or regulating the provisions of, such
services, including those now in effect and hereafter adopted. Any violation of said statutes,
ordinances, rules, or regulations shall entitle the COUNTY to terminate this Agreement
immediately upon delivery of written notice of tennination to the UNIVERSITY.
IN WITNESS THEREOF, the parties have executed this Agreement as of the date first
. above written.
WITNESS:
SEMINOLE COUNTY, a
political subdivision of the
State of Florida
BY:
(Date)
WITNESS:
UN~RSITY~~ FLORID
BY:~~
(D
~"/~
Approved as to form and
Legal sufficiency.
By
Assistant County Attorney
;.F~'-" ,.-". .-.- :'''"''
'"ttJg
~::: ~:7'! 'il. :.....,'1;\NC~HA
,
: :- " .... .s.... :~SF
7
ATTEST:
M SE
Clerk to he Board of
County Commissioners of Date:
Seminole County, Florida.
For use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
As authorized for execution by
the Board of County Commis-
sioners at their ..;r" /'1 /...3
19 9Q, regular meeting.
~~
Exhibit A
SCOPE OF WORK
A. OBJECTIVE: The objective of this project is to produce a Seminole County Watershed Atlas that
will allow the archiving and dissemination of lake and stream data collected by Seminole County and
data from other agencies and private sources. It is the intent of this project to design an information
collection and dissemination system that employs the Geographic Information System (GIS) and can
be disseminated via the World Wide Web.
PROPOSED PROJECT DESCRIPTION
The Seminole County scientists collect data for many of the county's lakes and streams for purposes of
resource management. In addition, the St. Johns River Water Management District, Florida Game and
Freshwater Fish Commission, the United States Geological Survey, the Florida Department of
Environmental Protection, and others monitor such parameters as lake levels, water quality, and habitat
value for selected lakes and natural areas in Seminole County. Finally, citizen groups and
neighborhood associations often record various historic and water level data on their local lakes.
Despite the abundance of information, no single source exists where all of this data is archived and
made readily available to government leaders and staff, scientists, and citizens of Seminole County.
The purpose of this project is to design and maintain a single source of lake data using existing
information management technologies in a citizen-friendly interface. The information system
technologies used in the Atlas design include GIS, the Internet, and database systems.
The Florida Center for Community Design and Research (FCCD+R), located at the University of
South Florida, currently uses all of the above mentioned technology in several of its projects. FCCD+R
is creating an Internet and CD-ROM-based Seminole County Watershed Atlas to make Seminole
County surface water data available to a maximum number of people in an efficient and cost-effective
manner. Available data are presented in "citizen-friendly" images, searchable databases, GIS maps,
and audio / video clips. In addition, the Atlas is being designed for efficient and rapid updating as
sampling locations, protocol, and conditions change. Utilizing the University of South Florida's
computer network and high-speed computers, Internet-based information can be accessed quickly by
multiple users at any time of day.
The management of Seminole County's natural resources requires an informed CItIzenry and
cooperation of multiple government agencies. For this reason, it is envisioned the Atlas will be a
primary tool for assisting the citizens, scientists, and government leaders manage the County's lakes
and water resources.
PROJECT WORKPLAN
Task 1 (Metadata Collection / GIS Development / Project Setup) Month 1-3
The University will work with Seminole County staff to determine point and GIS data sources and
contacts with key agencies and individuals. The University will determine meta-data for existing GIS
layers and develop protocol for required data conversion. The University will determine accuracy and
availability of data. The University will work with Seminole County to determine requirements for
missing data.
Task 2 (Acquisition of Data and Preliminary Design) Month 4-9
The University will work with Seminole County staff to acquire available GIS data, water quality data,
lake level information, bioassessments, historical accounts, photographs, and misc. data relating to
lakes and streams in Seminole County. These data will include but will not be limited to: WAVE
volunteer data, County water quality data, vegetation data and lake levels. The University will
storyboard Watershed Atlas design with Seminole County staff, generate HTML templates, and create
prototype Atlas web site for selected lakes and evaluate with County staff.
Task 3 (Multimedia Development) Month 6-12
The University creates functioning prototype Atlas multimedia web site that includes actual data
collected and compiled during Task 2. It is envisioned this web site will be largely database driven.
The University will archive project on agreed upon media. The University will create specific data
queries and programs for Atlas Development and incorporate Active X pages directly into the
Watershed Atlas. In addition, the University will create secure access to Atlas DBMS for Seminole
County Staff.
Task 4 (Beta Testing and Citizen Input) Month 13-14
The University will provide functioning prototype for evaluation by cItIzens, County Staff,
participating cities, St. Johns Water Management District scientists, and others and solicit feedback
regarding Watershed Atlas design and functionality.
Task 5 (Publication) Month 15
The University will modify the Watershed Atlas web site based on input from Task 4 and make the
web site available to the general public on a web server to be maintained at the University.
Task 6 (Project Evaluation, Scope of Future Work) Month 16-17
The University will work with county staff to evaluate the overall project. The University will work
with Seminole County staff to define a protocol for database maintenance and to determine scope of
future work.
Task 7 Customized Reporting / Additional Technology Services
The University will assist county staff in the creation of customized reports, database queries, and
additional sampling protocols.
OPTIONAL TASKS
Task 8 (Lake Survey Support)
The University will assist Seminole County in completing lake surveys for a duration of 6 months.
The University will train Seminole County staff in the use of automated bathymetric mapping protocol.
In addition, The University will establish assistantships with University of Central Florida graduate
students. The University will be responsible for training UCF graduate students and the Seminole
County Staff in conducting the survey and will: (1) incorporate all data into associated data bases; (2)
produce Geographic Information System (GIS) maps and attribute layers (including bathymetry) from
survey data; (3) update the Watershed Atlas with survey data (4) Sample and quantify vegetation.
Seminole County will be responsible for equipment and access to lakes. It is estimated through this
effort that approximately 10-20 lakes can be assessed the first year.
Task 9 (Oral History Interviews / Public Relations)
The University will conduct Oral History Interviews and provide point of contact for the public
concerning the Atlas project. The University will establish Anthropology and History Graduate
Assistantships. The duration of the assistantships will be offered for one year. University staff will be
responsible for directing the students research to survey the public, conduct oral history interviews,
write historical narratives, photograph sites, and archive historical documents and photographs
concerning area lakes. Estimated documentation on 60 lakes in the county. Duration of task would be
12 months.
Task 10 (Maintenance)
The University will maintain and update the Watershed Atlas and associated database systems for a
period of one year with any new data generated from citizen monitoring, W A V volunteer, Seminole
County water quality program. The University will be responsible for upgrades to the server hardware
and software.
PROJECT DELIVERABLES
. Functioning Web Site located at USF to host the Atlas Project
. Arcview Project containing all geospatial data
. MS Access Database containing all point data
Additional work, which can be contracted with the Florida Center at a later date, include, but are not
limited to the following: maintenance of web site, update of database, and production of hardcopy
atlas.
Exhibit B
Preliminary Cost Estimate Allocation
Task Annual Cost # of Years Total Cost
1) Project Setup $30,000 1 $30,000
2) Data Acquisition/Preliminary Design $35,000 1 $35,000
3) Multimedia Development $35,000 1 $35,000
4) Beta Testing/Citizen Input $20,000 1 $20,000
5) Publication/Web Server $15,000 1 $15,000
6) Project Evaluation $15,000 1 $15,000
7) Customized Reporting/Add'l Tech $30,000 1 $30,000
Services
8) Lake Surveys $45,000 5 $225,000
9) Oral History Interviews/Public Relations $50,000 1 $50,000
10) Maintenance $50,000 3 $150,000
Total Contract - All Tasks $605,000
Exhibit B
To Interlocal
Agreement Providing
Joint Funding
Between
Municipalities and
Seminole County
City Development of Annual Maintenance Annual Maintenance
Atlas and Add'l Services and Add'l Services
First 18 Next 3 years Optional 2 years
monthes
Altamonte Springs $10,000.00 $5,000.00 $5,000.00
Casselberry $10,000.00 $5,000.00 $5,000.00
Lake Mary $10,000.00 $5,000.00 $5,000.00
Longwood $10,000.00 $5,000.00 $5,000.00
Oviedo $10,000.00 $5,000.00 $5,000.00
Sanford $10,000.00 $5,000.00 $5,000.00
Winter Springs $10,000.00 $5,000.00 $5,000.00
EXHmIT "C"
WORK ORDER FOR
AGREEMENT FOR WORK ON THE SEMINOLE COUNTY
WATERSHED ATLAS PROJECT
WORK ORDER NO 0 : SAMPLE
PURCHASE ORDER NO.: (For billing purposes
only, to be assigned by
COUNTY after execution.)
PROJECT:
COUNTY:
SEMINOLE COUNTY, A POLITICAL SUBDIVISION
OF THE STATE OF FLORIDA
CONTRACTOR:
UNIVERSITY OF SOUTH FLORIDA
Execution of the Work Order by COUNTY shall serve as
authorization for the CONTRACTOR to provide for the above
project, professional services as set out in the Scope of
Services attached as Exhibit "A", to that certain Agreement
of
19_ between the COUNTY and the
CONTRACTOR and further delineated in the specifications,
conditions and requirements stated In the following listed
documents which are attached hereto and made a part hereof.
ATTACHMENTS:
,
drawings/plans/specifications
scope of services
special conditions
The CONTRACTOR shall provide said services pursuant to
this Work Order, its attachments and the above-referenced
Agreement, which is incorporated herein by reference as if it
had been set out in its entirety.
Whenever the Work Order
conflicts wit~ said Agreement, the Agreement shall prevail.
TIME FOR COMPLETION: The work authorized by this Work
Order shall be commenced upon issuance of a Notice To Proceed
by COUNTY.
This Work Order shall terminate upon completion
of the work authorized herein, or five (5) years from the
issuance of the Notice to Proceed, whichever comes first.
METHOD OF COMPENSATION:
(a) This Work Order is issued on a:
] fixed fee basis
] time basis method with a not-to-exceed amount
] time basis method with a limitation of funds
amount
(b) If the compensation is based on a "Fixed Fee
Basis", then the CONTRACTOR shall perform all work required
by this Work Order for the sum of
DOLLARS
($
) .
In no event shall the CONTRACTOR be paid
more than the Fixed Fee Amount.
(c) If the compensation is based on a "Time Basis
Method" with a Not-to-Exceed Amount, then the CONTRACTOR
shall perform all work required by this Work Order for a sum
not exceeding
DOLLARS ( $
) .
The CONTRACTOR's compensation, shall be based on the actual
work required by this Work Order.
(d) If the compensation is based on a "Time Basis
Method" with a Limitation of Funds Amount,
then the
CONTRACTOR is not authorized to exceed the Limitation of
Funds amount 0 f
DOLLARS ($
without prior written approval of the COUNTY. Such approval,
if given by the COUNTY, shall indicate a new Limitation of
Funds amount.
The CONTRACTOR shall advise the COUNTY
whenever the CONTRACTOR has incurred expenses on this Work
Order that equals or exceeds eighty percent (80%) of the
Limitation of Funds amount.
The COUNTY shall compensate the
CONTRACTOR for the actual work performed under this Work
Order.
Payment to the CONTRACTOR shall be made by the COUNTY in
strict accordance with the payment terms of the above-
referenced Agreement.
It is expressly understood by the CONTRACTOR that this
Work Order, until executed by the COUNTY, does not authorize
the performance of any services by the CONTRACTOR and that
the COUNTY, prior to its execution of the Work Order,
reserves the right to authorize a party other than the
CONTRACTOR to perform the services called for under this Work'
Order if it is determined that to do so is ~n the best
interest of the COUNTY.
:IN w:tTNESS WHEREOF, the parties hereto have made and
executed this Work Order on this __ day of
, 19__,
. '
for the purposes stated here~n.
ATTEST:
UNIVERSITY OF SOUTH FLORIDA
By:
(CORPORATE SEAL)
Date:
. ATTEST:
MARYANNE MORSE
Clerk to the Board of
County Commissioners of Date:
Seminole County, Florida.
For use and reliance
of Seminole County only.
Approved as to form and
legal sufficiency.
County Attorney
--/--
--/--/--
F:\CA\USERS\CATC01\WO\S.FLshed.doc
BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
, Chairman
As authorized for execution by
the Board of County Commis-
sioners at their
19___, regular meeting.