COOPERS POINT AND DEL ORO PARK HABITAT RESTORATION AND ENHANCEMENT PROJECTS
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CONTRACT NO. 95CONOOOl14
COOPERATIVE AGREEMENT
BETWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER, FLORIDA
For
Cooper's Point and Del Oro Park Habitat Restoration and Enhancement Projects
THIS COOPERATIVE AGREEMENT is made and entered into thisd:)NlJ day of ])Ec.EMl:lE.R
1995, by and between the SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT, a public
corporation created by Chapter 61-691, Laws of Florida, as amended, for itself and on behalf of the
Pinellas-Anclote River Basin Board, hereinafter collectively referred to as the "DISTRICT," and the CITY
OF CLEARWATER, FLORIDA, a municipal corporation, hereinafter referred to as the "CITY,"
WITNESSETH:
WHEREAS, natural habitats along coastal properties owned by the CITY have been lost or degraded due
to invasion of exotic plant species, historic dredge and fill activities, and surrounding development; and
WHEREAS, habitat values can be improved via implementation of prudent habitat restoration and
enhancement activities; and
WHEREAS, the DISTRICT in cooperation with the CITY wishes to perform such habitat restoration and
enhancement at Cooper's Point and Del Oro Park (hereinafter PROJECT); and
WHEREAS, the parties hereto have reached an understanding that the DISTRICT shall engage the
professional services of an environmental consulting firm (hereinafter CONSULTANT), to perform,
where applicable, the design, permitting, and construction management for habitat restoration and
enhancement; and
NOW, THEREFORE, the DISTRICT and the CITY, in consideration of the mutual terms, covenants and
conditions set forth herein, hereby mutually agree as follows:
1. PROJECT MANAGER AND NOTICES. The DISTRICT and CITY shall each designate an
employee as Project Manager to maintain coordination and review of the PROJECT. Each party's
Project Manager shall have sole and complete authority to transmit instructions, receive information,
interpret and communicate its principle's policies and make decisions with respect to all matters
pertinent to rendering the PROJECT. All notices, or reports required to be given to the DISTRICT,
or to the CITY, shall be sent by U. S. mail, postage paid, to the following addresses:
For the DISTRICT:
F or the CITY:
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Southwest Florida Water Management District
SWIM Department
Attention: Raymond C. Kurz, Project Manager
7601 U.S. Highway 301 North
Tampa, Florida 33647
City of Clearwater
Environmental Management
Attention: Terry Finch, Project Manager
P.O. Box 4748
Clearwater, Florida 34618-4748
2. SCOPE OF WORK. The CITY and the DISTRICT shall furnish services as required to accomplish
the PROJECT in accordance with the Scope of Work set forth in Exhibit "A." Any changes to the
Scope of Work and associated costs shall be mutually agreed to in writing prior to being performed
by either party.
2.1 If for any reason, either of the PROJECTS becomes unavailable for restoration or
additional funds remain after the completion of both PROJECTS an additional project may
be undertaken at the Bayshore Boulevard tract provided that it is mutually acceptable to
both the DISTRICT and the CITY.
3. FUNDING. The parties hereto anticipate that the total cost of the PROJECT will be Two Hundred
Thousand Dollars ($200,000). The DISTRICT agrees to fund 50% ofthe total PROJECT costs up
to a maximum amount of One Hundred Thousand Dollars ($100,000). The CITY agrees to fund 50%
of the total PROJECT costs up to a maximum amount of One Hundred Thousand Dollars ($100,000).
The DISTRICT shall be the lead party to this Agreement and shall be responsible for paying
PROJECT costs prior requesting payment from the CITY. The CITY shall reimburse the DISTRICT
for its share of the PROJECT costs properly incurred by the DISTRICT in accordance with this
Agreement and clearly set forth in invoices which are supported with the appropriate documentation.
Payment will be made to the DISTRICT within thirty (30) days of receipt of a properly documented
InVOIce.
Invoices shall be submitted monthly by the DISTRICT to the CITY at the following address:
City of Clearwater
Ms. Terry Finch, Environmental Management
P.O. Box 4748
Clearwater, Florida, 34618-4748
Payments shall be remitted by the CITY to the DISTRICT at the following address:
Cashier
Southwest Florida Water Management District
2379 Broad Street
Brooksville, Florida 34609-6899
4. CONTINGENCY. The DISTRICT's performance and obligation to pay pursuant to this Agreement
is contingent upon the DISTRICT's Governing Board approving, and appropriating funds for, the
PROJECT in the DISTRICT'S 1996 fiscal year and in each fiscal year of this Agreement.
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5. CONTRACT PERIOD. This Agreement shall commence on the date of execution and shall remain
in effect until December 31, 1998, unless terminated or extended in writing by mutual written
agreement of the parties.
6. PROJECT RECORDS AND DOCUMENTS. The CITY shall, upon request, permit the
DISTRICT to examine or audit all service related records, books, documents and papers during or
following completion of the PROJECT. The CITY shall maintain the records, books, documents and
papers for at least three (3) years following completion of the PROJECT. The CITY recognizes and
agrees that the DISTRICT 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 CITY
in conjunction with the PROJECT are subject to said provisions.
7. OWNERSHIP OF MATERIALS. Both parties shall have ownership of all materials, products and
documents produced pursuant to this Agreement.
8. REPORTING. The CITY shall provide the DISTRICT with any and all reports, models, studies,
maps or other documents resulting from the PROJECT.
9. TERMINATION. This Agreement may be terminated by either party without cause upon fifteen
(15) days written notice to the other party. Termination shall be effective upon the fifteenth (15th)
day after the non-terminating party's receipt of said notice. In the event of such termination the
DISTRICT shall be entitled to compensation for all services reasonably and properly incurred to the
date of termination.
10. RELEASE OF INFORMATION. The CITY shall not conduct any verbal or written media
interviews or issue press releases on or about the PROJECT without prior written approval from the
DISTRICT, which shall not be unreasonably withheld. This provision shall not be construed as
preventing the DEPARTMENT from complying with the public records disclosure laws set forth in
Chapter 119, Florida Statutes.
11. DISTRICT RECOGNITION. The CITY shall recognize DISTRICT funding, and if applicable
Basin Board funding, in any reports, models, studies, maps or other documents resulting from this
Agreement, and the form of said recognition shall be subject to DISTRICT approval. If construction
is involved, the CITY shall provide signage at the PROJECT sites that recognizes funding for this
PROJECT provided by the DISTRICT, and if applicable the Basin Board(s). All signage must meet
with DISTRICT written approval as to form, content and location, and must be in accordance with
local sign ordinances.
12. ASSIGNMENT. The CITY may not assign or transfer its rights or obligations under this Agreement
without prior written consent of the DISTRICT.
13. LAW COMPLIANCE. The CITY shall abide by and assist the DISTRICT in satisfying all
applicable federal, state and local laws, rules, regulations and guidelines, relative to performance
under this Agreement. The CITY shall not discriminate against any employee or applicant for
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employment because of race, color, religion, sex, handicap, disability, marital status or national
ongm.
14. REMEDIES. Unless otherwise provided in this Agreement, all claims, counter-claims, disputes and
other matters in question between the parties to this agreement, arising out of, or relating to, this
agreement or the breach of it will be decided in accordance with the laws of the State of Florida and
by a court of competent jurisdiction within the State of Florida, and Venue shall lie in the County
of Hernando. Unless specifically waived by the DISTRICT, failure to timely comply with any
obligations in this agreement shall be deemed a breach of this agreement and the expenses and costs
incurred by the DISTRICT due to said breach shall be borne by the CITY. Any CITY obligations
waived by the DISTRICT shall not imply or otherwise be a waiver of any other obligations of the
CITY.
15. SUBCONTRACTORS. Unless otherwise authorized in this Agreement, the CITY shall not
subcontract any portion ofthis Agreement without prior written consent of the DISTRICT. Nothing
contained in this Agreement shall create any contractual relationship between any subcontractor and
the DISTRICT.
16. THIRD PARTY BENEFICIARIES. Nothing in this Agreement shall be construed to benefit any
person or entity not a party to this Agreement.
17. MODIFICATIONS. This Agreement constitutes the entire agreement between the parties and may
be amended only in writing, signed by all parties to this Agreement.
18. DOCUMENTS. The following documents are attached and made a part of this agreement. In the
event of a conflict of contract terminology, priority shall first be given to the language in this
Agreement, then to Exhibit "A."
A. Exhibit "A" Scope of Work
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IN WITNESS WHEREOF, the parties hereto, or their lawful representatives, have executed this
Agreement as of the date first above written.
WITNESS:
T FLORIDA WATER MANAGEMENT DISTRICT
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Peter G. Hubbell, ExecutIve DIrector
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Date
Federal ID#: 59-0965067
ATTEST:
CITY OF CLEARWATER, FLORIDA
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Cy Ia E. Goudeau
City Clerk
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Elizabe eptula, ity Manager
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Date
By:
Rita Garvey, Mayor-Co
Date
Approved as to form and legal sufficiency:
BY:~~'
. did Hull, ASSIstant CIty Attorney
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Date
Federal ID#: 59-6000289
COOPERATIVE AGREEMENT
BElWEEN THE
SOUTHWEST FLORIDA WATER MANAGEMENT DISTRICT
AND THE
CITY OF CLEARWATER
For
Cooper's Point and Del Oro Park Habitat Restoration and Enhancement PROJECT
APPROVED BY: INITIAL DATE
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CONTRACT NO. 95CONOOO1l4
Exhibit "A"
Scope of Work
Project Description
Natural habitats along coastal properties owned by the CITY have been lost or degraded due to invasion
of exotic plant species, historic dredge and fill activities, and surrounding development. Habitat values can
be improved by implementing prudent habitat restoration and enhancement activities. The DISTRICT and
CITY have selected CITY-owned properties at Cooper's Point and Del Oro Park as suitable sites for
restoration and enhancement.
Project Objectives
The intent of the PROJECT is to provide estuarine habitats as natural in character and function as can be
provided for each of the PROJECT sites. Each PROJECT plan will be mutually acceptable to the
DISTRICT and the CITY prior to construction. The PROJECT involves the removal of exotic and nuisance
vegetation, regrading (as necessary) areas of each site to elevations proper for the establishment and
maintenance of open water and marsh habitats, and reestablishment or reconnection of tidally restricted
water features to increase and improve water circulation and quality. Native wetland plant communities
will be planted in created or enhanced intertidal areas.
Due to the inherent nature of habitat restoration and enhancement, various aspects of each PROJECT may
be subject to modifications during both the initial and later stages of the PROJECT, particularly during
field operations and construction. If appropriate, changes can and should be made to improve habitat
design and functions; therefore, the DISTRICT and its CONSULTANT and the CITY shall work together
closely to accommodate such changes. The Project Managers are authorized to make non-material changes
to the Scope of Work. All changes must be mutually agreeable between the DISTRICT and the CITY.
Scope of Work
The DISTRICT shall:
~ Engage and fund, seperate to this Agreement, the professional services of an environmental
consulting firm to perform, where applicable, the design, permitting, and construction management
for habitat restoration and enhancement.
~ Provide the CONSULTANT's proposed Project Budget to the CITY for review and written
approval. The proposed Project Budget shall consist of a detailed cost itemization by task.
~ Serve as an agent of the CITY when acquiring the necessary permits for habitat restoration
activities.
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~ The DISTRICT shall construct the PROJECT utilizing either or both of the following methods:
1. DISTRICT personnel and equipment - Under this alternative, the DISTRICT will invoice
the CITY for 50% ofthe costs for work performed by the DISTRICT's Operations crews.
2. Private Contractors - Under this alternative, the DISTRICT and the CITY would participate
in the selection process initiated by the DISTRICT. The CITY would be invoiced by the
DISTRICT for 50% ofthe construction costs.
~ Administer and supervise all bid contracts awarded by the DISTRICT for the PROJECT.
~ The DISTRICT will be responsible for construction management, and confirmation of as-built
plans.
The CITY shall:
~ Agree to leave restored and enhanced habitats intact and free from future construction disturbance.
~ Pursue placing an easement over the parcels to preserve the PROJECT's restored and enhanced
habitats.
~ Review, comment, and approve or reject in writing the Project design at the preliminary design and
the 30%, 60%, 90% and 100% stages and of the Project specific technical provisions of the
construction contract documents.
~ Be responsible for maintenance and/or monitoring of enhanced and restored habitats in the
PROJECT area since all permits will be transferred back to the CITY after each PROJECT has
been completed. Maintenance is inclusive of all project components and will include the prevention
of excess sediment accumulation and erosion and removal of exotic plant species that may grow
within each PROJECT site. Removal of exotics will be performed periodically, as necessary, until
native vegetation sufficiently covers open ground and can outcompete/exclude exotic plant species.
Control of exotics should be compatible with the intent of each PROJECT and so the use of heavy
machinery and/or herbicides will be discouraged.
~ Provide and assist with the coordination of suitable disposal sites for excess dredge material
generated from excavation of marsh platforms and other habitat restoration activities.
~ Be responsible for any additional costs for restoration or enhancements beyond the scope of work
described in the DISTRICT's construction plans and for any additional structures or services such
as boardwalks, interpretive centers, maintenance etc. which is not directly related to habitat
restoration.
~ Participate in the competitive selection of private restoration contractors if required.
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