918-Joint Fund. Watershed Atlas CERTIFIED COPY
MARYANNE MORSE
MUNICIPALITIES AND SEHINOLE COUNT WITHIN SEMINOLE COUNTY
THIS INT~OCAL AG~EMENT iS made ~d entered into this ay
~ ,200~, by ~d be~een the CITY O~ ALTAXONTE SP~NGS,
Florida municipal coloration, whose address is 225 Newbu~po~ Avenue, Alt~onte Sprin~s,
Florida 32701; the CITY OF CASSELBE~T, a FIo~ida m~icipal coloration, whose address
is 95 Triplet L~e D~ve, Casselbe~, Rotida 32707, the CITY O~ LA~ ~k~T, ~
m~icipal coloration, whose m~lin~ ad~css is Post O~ce Box 950700, L~e ~, Elo~ida
32795-0700; the CITY OF ~NC~¥OOD,, Flu~2d, ,,l~,i~ip~ co,yoration, ~c ,~c~ is
I75 Wcs~ W~,~,,, Lon&w~d, Fb~i~ 327~, ~e CITY OF OVIEDO, a EIo~ida municipal
coloration, whose ~d~ess is 400 Alex~ia Boulcv~d, Oviedo, Flo~da 32765-0159; the
CITY OF SANFO~, a Rotida municipal co~o~ation, whose m~lin~ ad~ess is Post O~fice
Box 1788, S~ord, Florida 32772-1788; the CITY OF WINTE~ SP~NGS, whose address is
1126 East State Koad 434, Winter Sp~n~s, Florida 32708, hc~eina~er refe~ed to as "CITIES"
"CITY" ~d SE~IXOLE CO~TY, a politic~ subdivision of ~e State o~ Florida, whose
address is Seminole Co~t~ Seaices Building, 1101 East First Street, S~ord, Florida 32771,
hereina~cr refe~ed to as "CO~TY;"
WITN~SS~TH:
WHE~AS, the CITIES ~d CO~TY desire to p~omote public education ~d resource
m~a~cment; ~d
~E~AS, ~e CITIES ~d CO~TY desire to m~intain ~d ~sist in the improvement
o{ water qu~it~ ~d prese~e ~d e~ce the cnviroment~ qu~li~ oE strems ~d receivin~
waters; ~d
~AS, p~su~t to Section 402~)(2), Federal Cle~ Water Act, Ce~n political
entities ~o required to implement sto~water m~a~cment pzo~r~s within cc~n time
~d in which public education is ~ impo~t component oE said proofs; ~d
~E~AS, the CO~TY h~ entered into the "A~reement between Seminole Co~
~d ~e Unive~sit~ o{ South Elo~da {or work on ~e Seminole County Watershed Atl~ Project"
dated July 13, 1999 to develop and maintain a centralized database called the Seminole County
Watershed Atlas; and
WIilEREAS, the CITIES and COLrNTY 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 COLFNTY have approved the concept ofintergovernmental
cooperation to develop and maintain the Sem'mole 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 Sere'mole
County Watershed Atlas.
Section 2. General Responsibilities.
(a) The CITIES and COUNTY are responsible for provid'mg 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 fund'rag 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 ftmding
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.
(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 sempling/streem 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 City Engineer
225 Newburyport Avenue 95 Triplet Lake Drive
Altemonte Springs, FL 32701 Casselberry, FL 32707
(407) 830-3857 (407) 262-7700
LAKE MARY WINTER SPRINGS
Director of Public Works Director of Utilities
Post Office Box 950700 1126 East State Road 434
Lake Mary, FL 32795-0700 Winter Springs, FL 32708
(407) 324-3000 (407) 327-1800
NGWO COUNTY
City neer Kim Oreberg, P.E.
175 Warren Avenue Environmental Engineer
Lo L 32750 Public Works/Stormwater
~ 520 West Lake Mary Blvd., Suite 200
Sanford, FL 32773
(407) 665-5738
OVIEDO SANFORD
City Engineer City Engineer
400 Alexandria Blvd Post Office Box 1788
Oviedo, FL 32765 Sanford, FL 32772-1788
(407) 977-6029 (407) 330-5600
Section 6. Severability. If any part of this Agreement is found invalid or
unenforceable by any Court, such invalidity or unenforeeable 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 pardes shall not assign this Agreement or the
rights and obligations hereunder to any other parties without the prior written consent of the
other parties hereto.
4
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 h~eto. 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. Conffict 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 ereate a conflict of interest in the
performance of its obligation pursuant to this Agreement with COUNTY.
IN WITNESS WI~RREOF, 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: CITY OF ALTAMONTE SPRINGS
PAT W~tdI~G~ By: RUSSEL HAUCK, Mayor
Date: o0 - ~ if'- egCO
ATTEST: CITY OF CASSELBERRY
THELMA McPHERSON, City Clerk BRUCE PRONOVOST, Mayor
~at~: ~z~ / ~/~2-,dd~
7
ATTEST: CITY OF LAKE MARY
CAROL A. FOSTER, City Clerk
ATTEST: CITY OF OVIEDO
10
ATTEST: CITY OF SANFORD
11
cSObU'ddS ~t~t,Li',LIA~ zIO AJ~IO :,LS~LLIV
ATTEST: BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
~ DARYL G. McLAIN~ '
County Commissione s o Date:
Seminole County, Florida.
For the use and reliance As authorized for execution by
of Seminole County only. the Board of County Commissioners
legal sufficiency g -
13
Exhibit B
.To Interlocal Agreement
Providing Joint Funding
between
Municipalities
and
Seminole County
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
monthes Next 3 years Optional 2 years
Altamonte Sl~rings $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
tef3~]\,,o{~d $10J)00.,0O I~,000.00 .ttS,C00.00
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
Watersher Atlas Intedocal Exhibit B,xis
..j,.
AGREEMENT BETWEEN CERTI'FIED COPY
~.B, RYANN~ FIORSE
SEMINOLE COUNTY CLERK OF CIROU!T COURT
AND SEM'JNOLE C04JNTY, FLOI~IDA
THE UNIVERSITY OF SOUTH FLORIDA BY ~__6,~_~_~
DEPL; ry CLERK
FOR
WORK ON THE
SEMINOLE COUNTY WATERSHED ATLAS PROJECT
This Agreement, made and entered into this /.3 day of v~'~<~, , 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 behaif of the Board of
Regents, a public corporation of the State of Flozida, hereinafier referred to as the
"UNIVERSITY".
WITNESSETit:
WHEREAS, the UNIVERSITY 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 UNIVERSITY on the project, and both wish
to reduce the understanding to a wzitten Agreement; and
WHEREAS, the UNIVERSITY agrees to perform the work and service in accordance
with the specifications set forth in this Agreement which shait 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 UNIVERSITY 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
LTNTVERSTTY (including its officers, employees, and agents} the agent, representative, or
employee of the COUNTY for any purposes, orjn any manner, whatsoever. The UNIVERSTTY
is to be and shall remain forever an independent contractor with respect to alt services performed
under this Agreement.
ARTICLE II - SCOPE OF WORK
The UNTVERSITY shail, 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 UNXVERSTTY shaiI provide al1 labor, materials, tools,
equipment and transportation and any other service or facility for the proper execution of work in
accordance with this Agreement.
ARTICLE III- AUT.HORIZATION FOR SERVICES
Authorization for performance of professional services by the UNTVERSITY under this
Agreement shall be in the form of written Work Orders issued and executed by the COUNTY
1
and signed by the UNIVEt ~'Y. A sample Work Order is attachd 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 information,
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 University of South Florida
Kim Oruberg Kyle N. Campbell
Stormwater Division Horida Center for Community Design &Research
520 W. Lake Mary Blvd. University of South Florida
Ste. 200 Tampa, FL 33620
Sanford, FL 32773
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/100 ($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 V~ork Orders shall provide for no reimbursable expenses.
ARTICLE VIII - PAY1Vt, . 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 Works/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 them are not commitments, 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
No modification, amendment or alteration in the terms or conditions contained herein shall be
effective unless contained in a written document executed with the same formality and of equal
dignity herewith.
ARTICLE 33 - 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, roles, 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
UNXVERSITY shall comply with all federal, state, and local laws, ordinances, roles and
regulations regarding non-discrimination.
ARTICLE XII - INDEMNIFICATION
To the extent provided by Florida Statute 768.28, the UNIVERSITY shall defend, indenmify and
save harmless the COUNTY and all COUNTY agents, employees and officers from and against
all actions, claims, demands, judgemerits, 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 UNIVERSITY or the Board or Regents.
ARTICLE 3311 - 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 FLrND 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
UNIVERSFFY 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 LrNIVERSITY 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 DOCUMENTS
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 foilowing
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 tiesign 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 UNIVERSITY shall prepare and deliver the final report to the COUNTY. If the final
report is unacceptable to the COUNTY, the LrNIVERSITY 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 ir~ writing the COUNTY.
'ARTICLE XVII - TERM ATION
This CONTRACT may be terminated either partially or as a whole by either party, if either party
su. bstantially 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 Mall, 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 fn'm, 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 Pricilla Pope
Public Works Department ~ Director
Senior Engineer, Stormwater Division Division of Sponsored Research
520 W. Lake Mary Blvd. University of South Florida
Ste 200 Tampa, FL 33620
Sanford, FL 32773
ARTICLE XX/II - 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 peffgrmance of its
obligations pursuant to this Agreement 'with the COUNTY.
ARTICLE XXIV - CONSTITUTIONAL AND STATUTORY LIMITATION ON
AUTHORITY OF TH~ 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 A~eement
immediately upon delivery of written notice of termination to the UNIVERSITY.
IN WITNESS THEREOF, the parties have executed this Agreement as of the date first
above written.
WITNESS: SEMINOI F. COUNTY, a
political subdivision of the
State of Florida
BY:
(Date)
Approved as to form and
Legal sufficiency. :.~p~::..
By
Assistant County Attorney .~_..
..:
ATTEST: BOARD OF COUNTY COMMISSIONERS
d o
Cler o Carlton Henl , airman
County Commissioners of Date:
Seminole County, Florida.
For use and reliance As authorized for execution by
of Seminole County only. the Board of County Commis-
Approved as to form and sioners at their ~/~,/3 ,
Exhibit B
Preliminary Cost Estimate Allocation
Task Annual Cost # of Years Total Cost
1) ProjectSetup $30,000 I $30,000
2) Data Acquisition/Preliminary Design $35,000 I $35,000
3) Multimedia Development $35,000 I $35,000
4) Beta Testing/Citizen input $20,000 I $20,000
5) PublicationANebServer $15,000 I $15,000
6) Project Evaluation $15,000 1 $15,000
7) Customized Reporting/Add'l Tech Services $30,000 I $30,000
8) Lake Surveys $45,000 5 $225,000
9) Oral History Interviews/Public Relations $50,000 I $50,000
10) Maintenance $50,000 3 $150,000
Total Contract - All Tasks $605,000
exhibit b cost.xls 6/1/99
EXHIRIT A
WORK ORDER NUMBER 1
FOR WORK ON
SEMINOLE COUNTY WATERSHED ATLAS PROJECT
OBJECTIVE: The objective of this project is to produce a Seminole County Watershed Atlas that
will allow the archiring 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 Hillsborough County Lake Atlas to make Hillsborough
County lake 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.
GENERAL SCOPE OF SERVICES
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 mist. data relating to
lakes and streams in Seminole County. These data will include but will not be limited to: WAV
volunteer data, County water quality data, vegetation data and lake levels. The University will
storyboard Watershed Atlas design with Seminole County staff, generate HTML ternplates, 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 (Month 18)
The University will assist county staff in the creation of customized reports, database queries, and
additional sampling protocols.
Task 8 - Lake Survey Support (Month 6-12)
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 witlkU~~h'ffir"Florida graduate
students. The University will be responsible for training U___CF graduate students and thi'S~r~i~6re
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.
PROJECT DELIVERABLES
· Functioning Web Site located at USF to host the Atlas Project
· Arcview Project containing all geospatiai data
· MS Access Database containing all point data
Seminole County Watershed Atlas
Basis for Not-to-Excced Amount for Work Order #1
Task Cost
1) Project Setup $30 000
2) Data Acquisition/Preliminary Design $35 000
3) Multimedia Development $35 000
4) Beta Testing/Citizen Input $20 000
5) Publication/Web Server $15 000
6) Project Evaluation $15 000
7) Customized Reporting/Add'l Tech Services $30,000
8) Lake Surveys $45,000
Total Costs - All Tasks $225,000
wol cost 6/10/99
Exhibit A
SCOPE OF WORK
A. OBJECTIVE: The objective of this project is to produce a Seminole County Watershed Atlas that
will allow the archlying 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~he county's lakes and streams for purposes of
resource management. In addition, the St. Johns P~ver 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 archired 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 14
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 t0: 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, WAV 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.
WORK ORDER FOR
AGREEMENT FOR WORK ON THE SEMINOLE COUNTY
WATERSHED ATLAS PROJECT
WORK ORDER NO.: SAMPLE
PURCHASE ORDER NO.: (For billing purposes
only, to be assigned by
COUNTY after execution.)
PROJECT:
COUNTY: SEMINOLE COLTNTY, A POLITICALSUBDIVISION
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 with 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 of 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 in the best
interest of the COUNTY.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Work Order on this __day of ,
for the purposes stated herein7
ATTEST: UNIVERSITY OF SOUTH FLORIDA
By:
(CORPORATE SEAL) Date:
· ATTEST: BOARD OF COUNTY COMMISSIONERS
SEMINOLE COUNTY, FLORIDA
By:
MARYANNEMORSE , Chairman
Clerk to the Board of
County Commissioners of Date:
Seminole County, Florida.
For use and reliance As authorized for execution by
of Seminole County only. the Board of County Commis-
Approved as to form and sioners at their ,
legal sufficiency. 19 , regular meeting.
County Attorney
F: \CA\USERS \CATC0 I\WO\S. FLshed. doc
WORK ORDER FOR
AGREEMENT FOR WORK ON THE SEMINOLE COUNTY
WATERSHED ATLAS PROJECT
WORK ORDER NO.:
PURCHASE ORDER NO.: (For billing purposes
only, to be assigned by
COUNTY after execution.)
PROJECT: Watershed Atlas Project
COUNTY: SEMINOLE COUNTY, A POLITICALSUBDIVISION
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/~lans/specifications
[X] 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 with said Agreement, the Agreement shall prevail.
" CERTIF{ED COPY
~ARYANNE ~ORS~
CLERK OF CIRCUIT COURT
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:
[X] 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 TWO HUNDRED TWENTY-FIVE
THOUSAND DOLLARS AND NO/100 ($225,000.00). In no event shall
the CONTRACTOR be paid more than the Fixed Fee A/nount.
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 ~he 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 in the best
interest of the COUNTY.
IN WITNESS WHEREOF, the parties hereto have made and
executed this Work Order on this __day of , 19__,
for the purposes stated herein. ~~~
ATT ST: UN
'~ ~-.~ By:
<coRPo~Ts s~lDate:~//~%//~
· ATTEST: ,_. B ARID OF COUNTY COMMISSIONERS
County Commissioners of Date:
Seminole County, Florida.
For use and reliance As authorized for execution by
of Seminole County only. the Board of County Commis-
Z
Approved as to form and sioners at their ~ ~/3 ,
legal sufficiency. 19...~, regular meeting.
~ tor~ney~~ '
Exhibit B
Preliminary Cost Estimate Allocation
Task Annual Cost # of Years Total Cost
1 ) Project Setup $30,000 1 $30,000
2) Data Acc~uisition/Preliminary Design $35,000 I $35,000
3) Multimedia Development $35,000 1 $35,000
4) Beta Testing/Citizen Input $20,000 1 $20,000
5) PublicationANeb Server $15,000 1 $15,000
6) Project Evaluation $15,000 1 $15,000
7) Customized Reporting/Add'l Tech Services $30,000 I $30,000
8) Lake Surveys $45,000 5 $225,000
9) Oral Histon/Interviews/Public Relations $50,000 1 $50,000
10) Maintenance $50,000 3 $150,000
Total Contract - All Tasks $605,000
Watershed Atlas Exhibit B Cost.xls 3/9/2000