HomeMy WebLinkAboutcontractSOUTH FLORIDA WATER MANAGEMENT DISTRICT
CONTRACT
EXHIBIT "A"
SPECIAL PROVISIONS
The purpose of this Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General
Terms & Conditions. In the event of any conflict between this Exhibit "A" and any other provision specified in this
Contract, this Exhibit "A" shall takeprecedence.
1. A new Article 1.4 is hereby added as follows:
"The CITY shall submit quarterly reports to the DISTRICT throughout the term of this AGREEMENT. Any
requests for changes to the Exhibit "C" Statement of Work shall be submitted by the CITY in writing to the
DISTRICT for approval, and the DISTRICT shall submit its comments/approval in writing to the CITY within ten
(10) days after receipt of the request for change. The DISTRICT shall be responsible for initiating any amendments
to this AGREEMENT, if required."
2. Article 2.4 is hereby deleted and replaced as follows:
"The CITY shall submit quarterly financial statements to the DISTRICT providing a detailed accounting of all
expenditures incurred hereunder throughout the term of this AGREEMENT. The CITY shall report and document
the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures
to date. The DISTRICT shall only be obligated to pay for a maximum no -to -exceed AGREEMENT funding
limitation of $1,250,000.00. In no event shall the DISTRICT be liable for any expenditures hereunder in excess of
$1,250,000.00."
3. A new Article 2.5 is hereby added as follows:
"The CITY is hereby authorized to contract with third parties (subcontract) for engineering and construction services
awarded through a competitive process comparable to Chapters 255 and 287, Florida Statutes. The CITY shall not
subcontract, assign, or transfer any other work under this AGREEMENT without the prior written consent of the
DISTRICT's Project Manger. The CITY agrees to be responsible for the fulfillment of all work elements included in
any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is
understood and agreed by the CITY that the DISTRICT shall not be liable to any subcontractor for any expenses or
liabilities incurred under the subcontract(s)."
4. Article 7.1 is hereby modified to add the following paragraph:
"The CITY shall maintain books, records and documents directly pertinent to performance under this
AGREEMENT as described above. The CITY shall similarly require each subcontractor to maintain and allow
access to such records for audit purposes."
5. Article 7.2 is hereby deleted in its entirety and replaced as follows:
"Both the DISTRICT and the CITY shall have joint ownership rights to all work items, including but not limited to,
all documents, technical reports, research notes, scientific data, computer programs, including the source and object
code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s),
assign(s), agent(s) and/or successor(s) as required by the Exhibit "C", Statement of Work. Both parties' rights to
deliverables received under this AGREEMENT shall include the unrestricted and perpetual right to use, reproduce,
modify and distribute such deliverables at no additional cost to the other party. Notwithstanding the foregoing,
ownership of all equipment and hardware purchased by the CITY under this AGREEMENT shall be deemed to be
Exhibit "A" Special Provisions
Contract No. C-13164 Page 1 of 2
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
CONTRACT
the property of the CITY upon termination of this AGREEMENT. All tangible property shall remain owned by the
CITY."
6. Articles 6.3, 7.3, 7.4, 7.5 and 1 I are hereby deleted in their entirety.
SFWMD Office of Counsel Approved
By:
SF
By:
PROCUREMENT APPROVED
Date: 2j `{� (22 -
Exhibit "A" Special Provisions
Contract No. C-13164 Page 2 of 2