Agenda 10/09/2012 Item #16A210/9/2012 Item 16.A.2.
EXECUTIVE SUMMARY
Recommendation to approve Agreement No. 4600002607 with the South Florida Water
Management District in the amount of $240,000 for the continued collection of surface
water quality samples in Collier County.
OBJECTIVE: Continue the collection of surface water quality samples under Agreement No.
4600002607 between the County and the South Florida Water Management District ( SFWMD).
CONSIDERATIONS: Agreement No. 4600002607 was previously approved by the Board of
County Commissioners (BCC) on April 10, 2012, Agenda Item No. 16 C. 1. However, the
Agreement was not executed by the SFWMD's Governing Board because SFWMD staff
requested changes to the Agreement. SFWMD has revised the Agreement and are reissuing it for
BCC approval.
The original Agreement provided that the SFWMD would pay the Pollution Control and
Prevention Department (PCPD) up to $70,000 annually to collect samples monthly at 26 surface
water sites. In the revised Agreement, SFWMD added five additional monitoring sites near Lake
Trafford and increased the annual funding to $80,000. Accordingly, the scope of work, a map,
two tables and deliverables have been revised to accommodate the addition of the water sites.
FISCAL IMPACT: This Agreement will fund the County up to $240,000 over three years
beginning in Fiscal Year 2013. Payments, not to exceed $80,000 per year, will be received from
the SFWMD quarterly based on the PCPD's completion of the required deliverables specified in
the Agreement. Annual revenue in the amount of $80,000 has been budgeted for Fiscal Year
2013 under Water Pollution Control Fund 114, and will be budgeted as such for the subsequent
fiscal years for the remainder of the three year Agreement.
LEGAL CONSIDERATION: This item has been reviewed by the County Attorney, is legally
sufficient, and requires a majority vote for approval. - JAK
GROWTH MANAGEMENT IMPACT: The scope of the Agreement complies with and is
consistent with the requirements of the Conservation and Coastal Management Element of the
Growth Management Plan relative to surface water quality monitoring.
RECOMMENDATION: That the Board of County Commissioners approve the attached
Agreement No. 4600002607, whereby the South Florida Water Management District will pay the
County's Pollution Control and Prevention Department a total sum not to exceed $240,000 to
collect surface water samples within the Big Cypress Basin for three years beginning in Fiscal
Year 2013 and authorize the Chairman to sign the Agreement.
Prepared by: Rhonda J. Watkins, Principal Environmental Specialist Pollution Control &
Prevention Department
Attachments: Agreement No.4600002607
Packet Page -689-
COLLIER COUNTY
Board of County Commissioners
Item Number: 16.A.2.
10/9/2012 Item 16.A.2.
Item Summary: Recommendation to approve Agreement No. 4600002607 with the South
Florida Water Management District in the amount of $240,000 for the continued collection of
surface water quality samples in Collier County.
Meeting Date: 10/9/2012
Prepared By
Name: WatkinsRhonda
Title: Environmental Specialist, Principal,Pollution Cont
9/13/2012 2:05:59 PM
Submitted by
Title: Environmental Specialist, Principal,Pollution Cont
Name: WatkinsRhonda
9/13/2012 2:06:01 PM
Approved By
Name: LorenzWilliam
Title: Director - CDES Engineering Services,Comprehensive
Date: 9/14/2012 3:37:19 PM
Name: KovenskyKenneth
Title: Management /Budget Analyst, Senior,Operations & Regulatory Management
Date: 9/14/2012 5:58:10 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 9/17/2012 11:26:08 AM
Name: PuigJudy
Title: Operations Analyst, GMD P &R
Date: 9/17/2012 4:40:48 PM
Packet Page -690-
Name: ParkerNicole
Title: Contracts Specialist,Purchasing & General Services
Date: 9/18/2012 12:09:40 PM
Name: WardKelsey
Title: Manager - Contracts Administration,Purchasing & Ge
Date: 9/18/2012 12:29:46 PM
Name: StanleyTherese
Title: Management /Budget Analyst, Senior,Office of Management & Budget
Date: 9/25/2012 5:07:43 PM
Name: MarcellaJeanne
Title: Executive Secretary,Transportation Planning
Date: 9/27/2012 8:27:32 AM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/28/2012 3:23:05 PM
Name: KlatzkowJeff
Title: County Attorney
Date: 9/28/2012 3:48:22 PM
Name: FinnEd
Title: Senior Budget Analyst, OMB
Date: 10/1/2012 9:32:02 AM
Name: OchsLeo
Title: County Manager
Date: 10/2/2012 3:15:45 PM
Packet Page -691-
10/9/2012 Item 16.A.2.
10/9/2012 Item 16.A.2.
`4,Ea nr,.�nyc SOUTH FLORIDA . • MANAGEMENT DISTRICT
AGREEMENT
TH . UTH FLORIDA WATER MANAGEMENT
This number must appear on all Invoices and Correspondence
DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS
INTO THIS AGREEMENT WITH:
Contract 4600002607 PO 950000
Name: COLLIER COUNTY BOARD OF COUNTY
COMMISSIONERS
SBE PARTICIPATION: NA
r
Address: 3339 Tamiami Trail East, Suite 304,
Naples, FL 34112-5361
Project Manager: Rhonda J. Watkins
Telephone No: 239! 252 -2502
r s ZM `
-- d`rv5# "" �' 4kt�� il`:kF
ioaQ xy ��
Email: RhondaWatkins @colliergov.net
Hereinafter referred to as: COUNTY
y 1
PROJECT TITLE: COLLECTION OF SURFACE WATER QUALITY SAMPLES IN COLLIER
COUNTY
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Special Provisions Exhibit "H" - Not Applicable
Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable
Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable
Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable
Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable
Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable
Exhibit "G" - Not Applicable
TOTAL AGREEMENT AMOUNT $240,000.00 AGREEMENT TYPE: Not -to- Exceed
Multi -Year Funding (If Applicable)
Fiscal Year: Oct. 1, 2012 - Sept. 30. 2013 $80,000* Fiscal Year:
Fiscal Yeah Oct. 1, 2013 – Sept. 30, 2014 $80,000* Fiscal Year:
Fiscal Year: Oct. 1, 2014 – Sept. 30, 2015 $80,000* Fiscal Year:
*Subject to District Governing Board Annual Budget Approval
AGREEMENT TERM: Three 3 Years EFFECTIVE DATE: October 1. 2012
District Project Manager: Kim A. Hanes District Contract Specialist: Donna Lavery
Telephone No: (561) 753 -2400 x4749 Telephone No: (561) 682 -6420
Email: khanes(asfwmd. ov Email: dlaverv�?sfwmd. ov
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
SUBMIT NOTICES TO THE COUNTY AT:
South Florida Water Management District
COLLIER COUNTY BOARD OF COUNTY
Attention: Procurement Bureau -Notices
COMMISSIONERS
3301 Gun Club Road
3339 Tamiami Trail East, Suite 304
West Palm Beach. Florida 33406
Naples, FL 34112 -5361
Attention: Accounts Payable - Invoices
Attention: Rhonda J. Watkins
P.O. Box 24682
West Palm Beach, FL 334164682
IN WITNESS WHEREOF. the authorized representative hereby executes
this AGREEMENT on this date, and accepts all Terms and
Conditions under which it is issued.
COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
Accepted By:
Accepted By:
Signature of Authorized Representative
Dorothy A. Bradshaw, Procurement Bureau Chief
Date:
Title: Fred W. Coyle, Chairman
SFWMDOFFICEO C70UNSELAPPROVED
By: 4&,fS'— Date: + f
Date:
_
SFWMD (�} RC) UREMENT APPROVED
Date: •f .1
Bv: 9 `3 L1
ATTEST:
DWIGHT E. BROCK, Clerk
By:
6/2411 1
A
Packet Page -692-
orm & legal Sufficiency
41tK 1l11 V
y Attorney
10/9/2012 Item 16.A.2.
EXHMIT "At'
SPECIAL PROVISIONS
The purpose of &,.is Exhibit "A" is to delineate any and all changes, deletions and/or additions to the Exhibit "B" General
--rms Other in tbi
Conditions. _Ln the vent ol an-v conflict bON-veen. this Exhibit ".A-" and any o er provisl n specified s
contract, this Exhibit "A" shall take precedence.
I Article 6.2 is hereby, deleted and rest-ated, as follows: "Either party may termiriate this ACYRFEMENIT
with or withoui cause ai any time for -convenience upon thirty (10)) calendar days prior written notice to the
other party. Any such termination shall be effected "", dolrve-y to the other party! of 1' office of Tez7-kiinatior
specifying the extent to which performance of work under the AGR'C,,EAVN'T is termi-nated, and the date
upon, -Mhich such tam"n"nationbecomcs effectivo.,
L the e-,.,crA of termination for converuenc--, the DISTRZICT shall compensate the COUNTY for all
a,-,thor�d and accepted deliverables completed 'EarouZh. 6.- dare of ter niinnador in acconjance, witfi Exhibit
"C", Statement of Work. The DISTRICT shall be relieved of any and all fatize, obilgations hereunder,
iiicluding Dui not limited to lust profits aad constqueuaiaal dam-ages., under l AGRE-OAFM. 7he
DISTRICT may withhold all payments to the COUNTY for such worl, until such time as the DISTRICT
determines the -,xa!,-t amount due to the COUNTY."
9FWM—b- OFFICE OF MINSEL APPRO'\-Er,
BV: i
SFWM-D PRO,—JREVMrr APPROVED
By:
Date: � � V. /
Date: ? ` ")Y , 1 •'( '
Gage "I OF !, Ey1ib,"t " A - U - A6,, )0()G26 0 -
A- " , ontrKL
Packet Page -693-
N
SOUTH FLORIDA WATER MANAGEMENT DI 10/9/2012 Item 16.A.2.
EXMITI' T?Bvt
GENERAL TERMS AND CONDITIONS
ARTICLE I - STATEMENT OF WORK
1.1 The COUNTY shall, to the satisfaction of the
DISTRICT, fully and timely perform all work items
described ill the "Statement of Work," attached hereto as
Exhibit "C" and made a part of this AGREEMENT.
1.2 As part of the services to be provided by the
COUNTY under this AGREEMENT, the COUNTY
shall substantiate, in whatever forum reasonably
requested by the DISTRICT, the methodology, lab
analytical examinations, scientific theories, data,
reference materials, and research notes. The
COUNTY shall also be required to substantiate any
and all work completed, including but not limited to,
work: completed by subcontractors, assistants, models,
concepts, analytical theories, computer programs and
conclusions utilized as the basis for the final work
product required by the AGREEMENT. This
paragraph shall survive the expiration or termination of
this AGREEMENT.
1.3 The parties agree that time is of the essence in
the performance of each and every obligation under
this AGREEMENT.
1.4 in the event COUNTY employees or hired
workers are authorized by Exhibit "C" to perform
services on -site at DISTRICT facilities, the COUNTY
hereby agrees to be bound by all applicable DISTRICT
policies and standards of conduct listed in Attachment 1,
"Contractor Policy= Code Acknowledgement" to Exhibit
"C" and shall require each individual performing such
on -site work to execute the Attachment l form. It is the
COUNTY's responsibility to advise its employees or
hired workers of the nature of the project, as described in
Exhibit "C ". The COUNTY shall determine the method,
details and means of performing the services, within the
parameters established by Exhibit "C ". The DISTRICT
shall provide additional guidance and instructions to
COUNTY's employees or hired workers where
necessary or appropriate as determined by the
DISTRICT.
ARTICLE 2 - COMPENSATION/
CONSIDERATION
2.1 The total consideration for all work required by
the DISTRICT pursuant to this AGREEMENT shall
not exceed the amount as indicated on the
cover /signature page of this AGREEMENT. Such
amount includes all expenses which the COUNTY
may incur and therefore no additional consideration
shall be authorized.
2.2 Notwithstanding the foregoing, the amount
expended under this AGREEMENT shall be paid in
accordance with, and subject to the multi -year funding
allocations for each DISTRICT fiscal year indicated on
the cover /signature page of this AGREEMENE
Funding for each applicable fiscal year of this
AGREEMENT is subject to DISTRICT Governing
Board budgetary appropriation. In the event the
DISTRICT does not approve funding for any subsequent
fiscal year, this AGREEMENT shall terminate upon
expenditure of the current funding, notwithstanding other
provisions in this AGREEMENT to the contrary. The
DISTRICT will notify the COUNTY in writing after the
adoption of the final DISTRICT budget for each
subsequent fiscal year if funding is not approved for this
ACREEMMNL T.
2.3 The COUNTY assumes sole responsibility for all
work which is performed pursuant to the Statement of
Work, Exhibit "C ". By providing funding hereunder, the
DISTRICT does not make any warranty, guaranty, or
any representation whatsoever regarding the correctness,
accuracy, or reliability of airy of the :cork performed
hereunder.
2.4 The COUNTY by executing this
AGREEMENT. certifies to truth -in- negotiation,
specifically, that wage rates and other factual unit costs
supporting the consideration are accurate, complete, and
current at the time of contracting. The COUNTY agrees
that the DISTRICT may adjust the consideration for this
AGREEMENT to exclude any significant sums by
which the consideration was increased due to inaccurate,
incomplete, or non - current wage rates and other factual
unit costs.
The DISTRICT shall make any such adjustment within
one (1) year following the expiration or termination of
this AGREEMENT.
ARTICLE 3 - INVOICING AND PROMPT
PAYMENT
3.1 Vie COUNTY's invoices shall reference the
DISTRICT's Contract Number and shall be sent to the
DISTRICT's address specified on the cover /signature
page of this AGRXEMENT . The COUNTY shall not
submit invoices to any other address at the DISTRICT.
3.2 The COUNTY shall submit the invoices on a
completion of deliverable basis, pursuant to the
schedule outlined in the Payment and Deliverable
Schedule, attached hereto as Exhibit "D" and made a
Page 1 of 9, Exhibit "B"
Contract File: \county.doc 12/14/11
Packet Page -694-
SOUTH FLORIDA WATER MANAGEMENT Dl. 10/9/2012 Item 16.A.2.
0 EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
part of this AGREEMENT. In the event the schedule
does not specify payment on a compietion of
deliverable basis, all invoices shall be substantiated by
adequate supporting documentation to justify hours
expended and expenses incurred within the rot -to-
exceed budget, including but not limited to, copies of
approved timashcets, payrucnt vouchcrs, expense
reports (including approved travel costs, if applicable),
receipts and subcontractor invoices. Any authorized
travel shall be reimbursed in accordance with Chapter
112, Florida Statutes.
3.3 It is the policy of the DISTRICT that payment for
all goods and services shall be made in a timely
manner. In accordance with Florida Statutes, Section
218.70, Florida Prompt Payment Act, a "proper"
invoice is defined as an invoice that conforms to all
statutory requirements and all DISTRICT
requirements as specified in the AGREEMENT for
invoice submission. The time at which payment shall
be due from the DISTRICT shall be forty-five (45)
days from receipt of a proper invoice and acceptance of
services and/or deliverables, based on compliance with
the statutory requirements set forth in Section 218.70,
F.S. and upon satisfaction of the DISTRICT
conditions as detailed in the AGREEMENT.
Failure of the COUNTY to follow the instructions set
forth in the AGREEMENT regarding a proper invoice
and acceptable services and/or deliverables may result
in an unavoidable delay in payment by the
DISTRICT.
Any disputes regarding invoice payments which cannot
be resolved by the appropriate department of the
DISTRICT shall be concluded by final written
decision of Procurement Bureau Chief not later than
sixty (60) days after the date on which the proper
invoice was received by the DISTRICT.
3.4 Unless otherwise stated herein, the DISTRICT
shall not pay for any obligation or expenditure made by
the COUNTY prior to the commencement date of this
AGREEMENT.
ARTICLE 4 - PROJECT MANAGEMENT/
NOTICE
4.1 The parties shall direct all technical matters arising
in connection with the performance of this
AGREEMENT, other than invoices and notices, to the
attention of the respective Project Managers specified on
the cover /signature page of the AGREEMENT for
attempted resolution or action. The Project Managers
shall be responsible for overall coordination and
oversight relating to the performance of this
AGREEMENT. The COUNTY shall direct all
administrative matters, including invoices and notices, to
the attention of the DISTRiCT`s Contract Specialist
specified on the cover /signature page of the
AGREEMENT.
All formal notices between the parties under this
AGREEMENT shall be in writing and shall be deemed
received if sent by certified mail, return receipt requested,
to the respective addresses specified on the
cover /siaria -ure page of the AGREEMENT. The
COUNTY shall also provide a copy of all notices to the
DISTRICT's Project Manager. All notices required by
this AGREEMENT shall be considered delivered upon
receipt. should either party= change its address, written
notice of such new address shall promptly be sent to the
other parry.
All correspondence to the DISTRICT under this
AGREEMENT shall reference the DISTRICT's
Contract Number specified on the cower /signatnre page
of the AGREEMENT.
ARTICLE 5 - INSURANCE
5.1 the COU 4TY assumes any and all risks of
personal injury, bodily injury and property damage
attributable to the negligent acts or omissions of the
COUNTY and the officers, employees, servants, and
agents thereof. The COUNTY warrants and represents
that it is self - funded for Worker's compensation and
liability insurance, covering at a minimum bodily
injury, personal injury and property damage with
protection being applicable to the COUNTY's officers,
employees, servants and agents while acting within the
scope of their employment during performance under
this AGREEMENT. The COUNTY and the
DISTRICT further agree that nothing contained herein
shall be construed or interpreted as (1) denying to
either party any remedy or defense available to such
party under the laws of the State of Florida; (2) the
consent of the State of Florida or its agents and
agencies to be sued; or (3) a waiver of sovereign
immunity of the State of Florida beyond the waiver
provided in Section 768.28, Florida Statutes.
5.2 In the event the COUNTY subcontracts any
part or all of the work hereunder to any third party, the
COUNTY shall require each and every subcontractor
to identify the DISTRICT as an additional insured on
all insurance policies as required by the COUNTY.
Any contract awarded by the COUNTY for work
Page 2 of 9, Exhibit "B"
Contract File: \county.doc 12/14/11
Packet Page -695-
c I N— wx
°P .m
SOUTH FLORIDA WATER MANAGEMENT DI- 10/9/2012 Item 16.A.2.
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
under this AGREEMENT shall include a provision
whereby the COUNTY's subcontractor agrees to
indemnify, and pay on behalf, and hold the DISTRICT
harmless from all damages arising in connection with
the COUNTY's subcontract.
ARTICLE 6 - TERMINATION/REMEDIES
6.1 It is the policy of the DISTRICT to
encourage good business practices by requiring
contractors to materially perform in accordance with
the terms and conditions of the DISTRICT
AGREEMENT. In accordance with DISTRICT Rule
40E -7, Part II, F.A.C., "material breach" is deemed as
any substantial, unexcused non - performance by failing
to perform an act that is an inportwit part of the
transaction or, performing an act inconsistent with the
terms and conditions of the AGREEMENT.
If the COUNTY materially fails to fulfill its
obligations under this AGREEMENT, the DISTRICT
will provide written notice of the deficiency by
fo:tivarding a Cure Notice citing the specific nature of
&ie material breach. The COUNTY shall have thirty
(30) days to care the breach. If the COUNTY fails to
cure the breach within the thirty (30) day period, the
DISTRICT shall issue a Termination for Default
Notice. Once the DISTRICT has notified the
COUNTY that it has materially breached its contract
with the DISTRICT, by sending a Termination for
Default Notice, the DISTRICT's Governing Board
shall determine whether the COUNTY should be
suspended from doing future work with the
DISTRICT, and if so, for what period of time. The
DISTRICT's Goveming Board will consider the
factors detailed in Rule 40E =7, Part II, F.A.C. in
making a determination as to whether a COUNTY
should be suspended, and if so, for what period of time.
Should the DISTRICT terminate for default in
accordance with this provision, the DISTRICT shall
be entitled to recover reprocurement costs in addition
to all other remedies under law and/or equity.
6.2 The DISTRICT may terminate this
AGREEMENT with or without cause at any time for
convenience upon thirty (30) calendar days prior written
notice to the COUNTY. The performance of work under
this AGREEMENT may be terminated by the
DISTRICT in accordance with this clause in whole, or
from time to time in part, whenever the DISTRICT shall
determine that such termination is in the best interest of
the DISTRICT. Any such termination shall be effected
by delivery to the COUNTY of a Notice of Termination
specifying the extent to which performance of work
under the AGREEMENT is terminated, and the date
upon which such termination becomes effective.
In the event of termination for convenience, the
DISTRICT shall compensate the COUNTY for all
authorized and accepted deliverabies completed through
the date of termination jn accordance with Exhibit "C ",
Statement of Work. The DISTRICT shall be relieved of
any and all future obligations hereunder, including but
not limited to lost profits and consequential damages,
under this AGREEMENT. The DISTRICT may
withhold all payments to the COUNTY for such work
until such time as the DISTRICT determines the exact
amount due to the COUNTY.
6.3 In the event a dispute arises which the project
managers cannot resolve between themselves, the
parties shall have the option to submit to non - binding
mediation. The mediator or mediators shall be
impartial, shall be selected by the parties, and the cost
of the mediation shall be bome equally by the parties.
ITie mediation process shall be confidential to the
extent permitted by law.
6.4 The DISTRICT may order that all or part of the
work stop if circumstances dictate that this action is in the
DISTRICT's best interest. Such circumstances may
include, but are not limited to, unexpected technical
developments, direction given by the DISTRICT `s
Governing Board, a condition of immediate danger to
DISTRICT employees, or the possibility of damage to
equipment or property. This provision shall not shift
responsibility for loss or damage, including but not
limited to, lost profits or consequential damages
sustained as a result of such delay, from the COUNTY to
the DISTRICT. If this provision is invoked, the
DISTRICT shall notify the COUNTY in writing to stop
work as of a certain date and specify the reasons for the
action, which shall not be arbitrary or capricious. The
COUNTY shall then be obligated to suspend all work
efforts as of the effective date of the notice and until
further written direction from the DISTRICT is
received. Upon resumption of work, if deemed
appropriate by the DISTRICT, the DISTRICT shall
initiate an amendment to this AGREEMENT to reflect
any changes to Exhibit "C ", Statement of Work and/or the
project schedule.
6.5 The DISTRICT anticipates a total project cost as
indicated on the cover /signature page, with the balance of
matching funds and/or in -kind services to be obtained
from the COUNTY in the amount as specified on the
cover /signature page of this AGREEMENT. In the
event such COUNTY matching funding and/or in -kind
Page 3 of 9, Exhibit "B"
Contract File: \county.doc 12/14/11
Packet Page -696-
SOUTH FLORIDA WATER MANAGEMENT Dl 1019/2012 Item 16.A.2.
0 EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
services becomes unavailable, that shall be good and
sufficient cause for the DISTRICT to terminate the
AGREEMENT pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTION/
OWNERS
7.1 The COUNTY shall maintain records and the
DISTRICT shall have inspection and audit rights as
follows:
A. Maintenance of Records: The COUNTY
shall maintain all financial and non - financial records and
reports directly or indirectly related to the negotiation or
performance of this AGREEMENT including
supporting documentation for any service rates, expenses,
research or reports. Such records shall be niairtaned and
made available for inspection for a period of five years
from completing performance and receiving final
payment under this AGREEINSENT.
B. Examination of Records: The DISTRICT or
its designated agent shall have the right to examine in
accordance with generally accepted bove-mmental
auditing standards all records directly or indirectly related
to this AGREEMENT. Such examination may be made
only within five years from the date of final payment
under this AGREEMENT and upon reasonable notice,
time and place.
C. Extended Availability of Records for Legal
Disputes: In the event that the DISTRICT should
become involved in a legal dispute with a third party
arising from performance under this AGREEMENT, the
COUNTY shall extend the period of maintenance for all
records relating to the .AGREEMENT until the final
disposition of the legal dispute, and all such records shall
be made readily available to the DISTRICT.
72 The DISTRICT shall retain exclusive title,
copyright and other proprietary rights in 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 COUNTY, its subcontractor(s),
assign(s), agent(s) and/or successor(s) as required by
the Exhibit "C ", Statement of Work (the "Work "). In
consideration for the DISTRICT entering into this
AGREEMENT, and other good and valuable
consideration the sufficiency and receipt in full of
which is hereby acknowledged by the COUNTY, the
COUNTY hereby assigns, transfers, sells and
otherwise grants to the DISTRICT any and all rights it
now has or may have in the Work (the "Grant "). This
Grant shall be self - operative upon execution by the
parties hereto, however the COUNTY agrees to
execute and deliver to the DISTRICT any further
assignments or other instruments necessary to evidence
the Grant, without the payment of any additional
consideration by the DISTRICT. The COUNTY may
not disclose, use, license or sell any work developed,
created, or otherwise originated hereunder to any third
party whatsoever. This paragraph shall survive the
termination or expiration of this AGREEMENT.
7.3 The COUNTY represents and warrants that
proprietary software, if any, to be provided to the
DISTRICT by the COUNTY hereunder, as
specifically identified in Exhibit "C ", Statement of
'tVork shall have beer developed solely by or for the
COUNTY, or lawfully acquired under license from a
third parry, including the right to sublicense such
software. The COUNTY shall include copyright or
proprietary legends in the software and on the label of
the medium used to transmit the software. The
COUNTY shall grant to the DISTRICT a perpetual,
non - transferable, nor-exclusive right to use the
identified software without an additional fee. The
DISTRICT acknowledges that title to the software
identified in Exhibit "C" shall remain with the
Licensor.
7.4 Any equipment purchased by the COUNTY
with DISTRICT funding under this AGREEMENT
shall be returned and title transferred from the
COUNTY to the DISTRICT immediately upon
termination or expiration of this AGREEMENT upon
the written request of the DISTRICT not less than
thirty (30) days prior to AGREEMENT expiration or
termination. Equipment is hereby defined as any non-
consumable items purchased by the DISTRICT with a
value equal to or greater than $1,000.00 and with a
normal expected life of one (1) year or more. The
COUNTY will maintain any such equipment in good
working condition while in its possession and will
return the equipment to the DISTRICT in good
condition, less normal wear and tear. The COUNTY
will use its best efforts to safeguard the equipment
throughout the period of performance of this
AGREEMENT. However the DISTRICT will not
hold the COUNTY liable for loss or damage due to
causes beyond the COUNTY's reasonable control. In
the event of loss or damage, the COUNTY shall notify
the DISTRICT in writing within five (5) working days
of such occurrence.
Page 4 of 9, Exhibit "B"
Contract File: \county.doc 12/14/11
Packet Page -697-
�w
_Jr
O-
y
�r
•, ?OS � _ L'l�
SOUTH FLORIDA WATER MANAGEMENT DI 10/9/2012 Item 16.A.2.
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
7.5 The DISTRICT has acquired the right to use
cerTarn Soiiware under iiCerise uum thrru patties. For
purposes of this AGREEMENT, the DISTRICT may
permit the COUNTY access to certain third parry
owned software on DISTRICT computer systems.
The COUNTY 3clmowledges the proprietary nature of
such software and agrees not to reproduce, distribute or
disclose such software to any third party. Use of or
access to such software shall be restricted to designated
DISTRICT owned systems or equipment. Removal of
any copy of licensed software is prohibited.
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8.1 The COUNTY, its employees, subcontractors or
assigns, shah comply with all applicable federal, state,
and local laws and regulations relating to the
performance of this AGREEMENT. The DISTRICT
undertakes no duty to erasure such compliance, but will
attempt to advise the COUNTY, upon request, as to any
such laws of which it has present knowledge.
8.2 The COUNTY hereby assures that no person
shall be discriminated against on the grounds of race,
color, creed, national origin, handicap, age, or sex, in
any activity under this AGREEMENT. The
COUNTY shall take all measures necessary to
effectuate these assurances.
8.3 The laws of the State of Florida shall govern all
aspects of this AGREEMENT. In the event it is
necessary for either party to initiate legal action regarding
this AGREEMENT, venue shall be in the Fifteenth
Judicial Circuit for claims under state law and in the
Southern District of Florida for any claims which are
justiciable in federal court.
8.4 The COUNTY, by its execution of this
AGREEMENT, acknowledges and attests that neither it
nor any of its suppliers, subcontractors, or consultants
who shall perform work which is intended to benefit the
DISTRICT is a convicted vendor or has been placed on
the discriminatory vendor list. If the COUNTY or any
affiliate of the COUNTY has been convicted of a public
entity crime or has been placed on the discriminatory
vendor list, a period longer than 36 months has passed
since that person was placed on the convicted vendor or
discriminatory vendor list. The COUNTY further
understands and accepts that this AGREEMENT shall
be either void by the DISTRICT or subject to immediate
termination by the DISTRICT, in the event there is any
misrepresentation or lack of compliance with the
mandates of Section 287.133 or Section 287.134,
respectively, Florida Statutes. The DISTRICT, in the
event of such termination, shall not incur any liability to
the COT 1V �'T I ror any -work Or IrrateI lals i i"niShed.
8.5 The COUNTY, by its execution of this
AGREEMENT, acknowledges and attests that neither
it, nor any of its suppliers, subcontractors, or consultants
who shalt perform work which is intended to benefit the
DISTRICT is included on the list of Specially
Designated Nationals and Blocked Persons (SDN List)
which is administered by the U.S. Department of
Treasury, Office of Foreign Assets Control. The
COUNTY further Cher understands and accents that this
AGREEMENT shall be either void by the DISTRICT
or subject to immediate termination by the DISTRICT,
in the event there is any misrepresentation. The
DISTRICT, in the event of such termination, shall not
incur any liability to the COUNTY for any work or
materials furnished.
8.6 The COUNTY shall be responsible and liable
for the payment of all of its FICA/Social Security and
other applicable taxes resulting from this
AGREEMENT.
8.7 The COUNTY warrants that it has not employed
or retained any person, other than a bona fide employee
working solely for the COUNTY, to solicit or secure this
AGREEMENT. Further the COUNTS' warrants that is
has not paid or agreed to pay any person, other than a
bona fide employee working solely for the COUNTY,
any fee, commission, percentage, gift, or other
consideration contingent upon or resulting from the
awarding or making of this AGREEMENT. For breach
of this provision, the DISTRICT may terminate this
AGREEMENT without liability and, at its discretion,
deduct or otherwise recover the full amount of such fee,
commission, percentage, gift, or other consideration.
8.8 The COUNTY shall allow public access to all
project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the
COUNTY assert any exemptions to the requirements of
Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or
other relief as provided by law, shall be upon the
COUNTY.
8.8.1 Pursuant to Sections 119.07(3)(o), and
1004.32 Florida Statutes, data processing software
obtained by an agency under a license AGREEMENT
which prohibits its disclosure and which software is a
trade secret, as defined in Sections 812.081(c), Florida
Statutes is exempt from the disclosure provisions of the
Public Records law. However, the parties hereto agree
Page 5 of 9, Exhibit "B"
Contract File:lcounty.doc 12/14/11
Packet Page -698-
SOUTH FLORIDA ♦ R
MANAGEMIENT
D
t
?
GENERAL TERMS AND CONDITIONS
that if a request is made of the DISTRICT, pursuant to
Chapter 119, Florida Statute, for public disclosure of
proprietary property being licensed to the COUNTY
(Licensee) hereunder, the DISTRICT shall advise the
COUNTY (Licensee) of such request and, as between
the DISTRICT and the COUNTY (Licensee), it shall
be the COUNTY's (Licensee's) sole burden and
responsibility to immediately seek and obtain such
injunctive or other relief from the Courts and to
immediately serve notice of the same upon the
Licensor to protect the Licensors claimed exemption
under the Statute.
8.9 The COUNTY shall make reasonable efforts to
obtain any necessary federal, state, local, and other
governmental approvals, as well as all necessary
private aathorzations and permits, prior to the
commencement of performance of this
AGT2EENT,NT. A delay in obtaining permits shat!
not give rise to a claim by the COUNTY for additional
compensation. If the COUNTY is unable to obtain all
necessary permits in a timely manner, either party may
elect to terminate this AGREEMENT, each party to
bear its awri costs, notwithstanding other pro Asiors of
this AGREEMENT to the contrary.
8.10 Pursuant to Section 216347, F.S., the COUNTY
is prohibited from the expenditure of any fluids under this
AGREEMENT to lobby the Legislature, the judicial
branch or another state agency.
8.11 The DISTRICT is a governmental entity
responsible for performing a public service and
therefore has a legitimate interest in promoting the
goals and objectives of the agency. The work under
this AGREEMENT involves a project consistent with
these goals and objectives. Consequently, the
DISTRICT is desirous of satisfactorily completing and
successfully promoting this project with the
cooperation of its COUNTY. Therefore, the
COUNTY assures the DISTRICT that the COUNTY,
its employees, subcontractors and assigns will refrain
from acting adverse to the DISTRICT'S legitimate
interest in promoting the goals and objectives of this
project. The COUNTY agrees to take all reasonable
measures necessary to effectuate these assurances. In
the event the COUNTY determines it is unable to meet
or promote the goals and objectives of the project, it
shall have the duty to immediately notify the
DISTRICT. Upon such notification the DISTRICT,
in its discretion, may terminate this AGREEMENT.
ARTICLE 9 - RELATIONSI111' BETWEEN
THE PARTIES
10/9/2012 Item 16.A.2.
9.1 The COUNTY shall be considered an
independent contractor and neither party shall be
considered an employee or agent of the other party.
Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of independent
contractor between the parties and their respective
employees, agents, subcontractors, or assigns during or
after the performance on this AGREEMENT. Both
parses are free to enter into contracts with other parties
for similar services.
9.2 In the event that the COUNTY is providing staff
who will be working on -site at DISTRICT facilities, it is
farther understood that the COUNTY shall be the
employer of the staff provided pursuant to the
AGREEMENT for all purposes under state and federal
law and that the COUiNTY's staff shall not be el.igfnle for
any benefit programs the DISTRICT offers to its
employees. All benefits available to the COUNTY's
staff shall be exclusively provided by the COUNTY or
by the COUNTY's employee.
The COu7v'TY is solely responsible for compliance with
all labor and tax laws pertaining to officers, agents and
COUNTY employees and shall indemnify and hold the
DISTRICT harmless from any failure by the COUNTY
to comply with such laws. The COUNTY's duties with
respect to such personnel shall include, but are not
limited to, the following:
9.2.1 Billing, collection, payroll services and tax
withholding, and any other related services
9.2.2 Providing insurance coverage pursuant to
Article 5 of this AGREEMENT.
9.2.3 Providing any and all employment
benefits, including, but not limited to, annual leave,
sick leave, paid holidays, health insurance, retirement
benefits and disability insurance.
9.2.4 Complying with the Fair Labor Standards
Act, 29 U.S.C. 201, et.seq., including payment of
overtime in accordance with the Act.
92.5 Providing employee training for all activities
necessary for job performance, except those functions
that are unique to the DISTRICT, in which event, the
DISTRICT, in its sole judgment and discretion, may
provide training.
9.3 It is the intent and understanding of the Parties that
this AGREEMENT is solely for the benefit of the
COUNTY and the DISTRICT. No person or entity
Page 6 of 9, Exhibit "B"
Contract File:\county.doc 12/14/11
Packet Page -699-
APZLH M <NS
1 �
SOUTH FLORIDA WATER. MANAGEMENT DI.- 10/9/2012 Item 16.A.2.
Et %LT IT "B"
GENERAL TERMS AND CONDITIONS
other than the COUNTY or the DISTRICT shall have
any righis or privileges under this AGREEMENT in any
capacity whatsoever, either as third -party beneficiary or
otherwise.
9.4 l he COUNTY shall not assign, delegate, or
otl-ierw;se transfer its rights and obligations as set forth in
this AGREEMENT without the prior written consent of
the DISTRICT. Any attempted assignment in violation
of this provision shall be void.
9.5 The COUNTY shall not pledge the DISTRICT's
credit or make the DISTRICT a guarantor of payment or
surety for anv AGREEMENT, debt, obligation,
judgement, lien, or any form of indebtedness.
9.6 The DISTRICT assur_1es no duty with regard to
the supervision of the COUNTY and the COUNTY
shall remain solely responsible for compliance with all
safety requirements and for the safety of all persons and
property at the site of AGREEMENT performance.
9.7 The COUNTY shall be responsible for
verifying employee authorization to work in the U.S.
and certifying that a good faith effort has been made to
properly identify employees by timely reviewing and
completing appropriate documentation, including but
not limited to the Department of Homeland Security,
U.S. Citizenship and Immigration Services Form 1 -9.
In the event the amount of this AGREEMENT
exceeds $150,000 and for all persons hired by
COUNTY to work in the State of Florida for a period
that is equal to or exceeds 120 days, the COUNTY
shall use the United States Department of Homeland
Security's E- Verify system ( "E- Verify ") to verify
employment eligibility. Additionally, if COUNTY uses
subcontractors to perform any portion of the Work
under this AGREEMENT valued in excess of $3,000,
COUNTY must include a requirement in the
subcontractor's contract that the subcontractor use E-
Verify to verify the employment eligibility of all
persons hired by subcontractor to perform any such
portion of the Work. Within 30 days of this
AGREEMENT's Effective Date, COUNTY must
provide the DISTRICT with evidence that COUNTY
is enrolled in the E -Verify system. Answers to
questions regarding E -Verify as well as instructions on
enrollment may be found at the E -Verify website:
%;W .uscis.2ov- e- veriN.
Written verification shall be kept by the COUNTY
and made available for inspection on demand by the
DISTRICT.
The hourly rate of pay for each employee shall comply
with State law and industry standards for similar work
performed under the AGREEMENT. The COUNTY
shall maintain records verifying the rate of pay for each
employee working on this AGREEMENT and make
such records available for inspection on demand by the
DISTPICT.
Failure to fully comply with these provisions shall be a
material breach of the AGREEMENT and cause for
termination of the AGREEMENT.
ARTICLE 10 - SBE PAR'T'ICIPATION
10.1 The COUNTY hereby acknowledges that no
Small Business Enterprises (SSE) participation level
has been established for this AGREEMENT; however,
both parties agree to provide the other advance notice
of competitive contracts that may result from this
AGREEMENT along with timelines for public notice
and award of such contracts. In the event subsequent
competitive contract awards do result in SBE
participation, such participation shall be reported to the
other party. Both the COUNTY and the DISTRICT
will ensure compliance with the provisions of their
respective program, laws, ordinances and policies and
will support the other's initiatives to the extent allowed
by law.
ARTICLE 11- GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this
AGREEMENT to the contrary, the parties shall not be
held liable for any failure or delay in the performance of
this AGREEMENT that arises from fires, floods, strikes,
embargoes, acts of the public enemy, unusually severe
weather, outbreak of war, restraint of Government, riots,
civil commotion, force majeure, act of God, or for any
other cause of the same character which is unavoidable
through the exercise of due care and beyond the control
of the parties. Failure to perform shall be excused during
the continuance of such circumstances, but this
AGREEMENT shall otherwise remain in effect. This
provision shall not apply if the "Statement of Work" of
this AGREEMENT specifies that performance by
COUNTY is specifically required during the occurrence
of any of the events herein mentioned.
11.2 Any inconsistency in this AGREEMENT shall be
resolved by giving precedence in the following order:
(a) Exhibit "A" Special Provisions, if applicable
(b) Exhibit `B" General Terms and Conditions
(c) Exhibit "C" Statement of Work
Page 7 of 9, Exhibit "B"
Contract File: \county.doc 12/14/11
Packet Page -700-
SOUTH FLORIDA WATER MANAGEMENT DI 10/9/2012 Item 16.A.2.
0 EXTMIT "B"
GENERAL TERMS AND CONDITIONS
(d' ) all other exhibits, attachments and documents
specifically incorporated herein by reference
11.3 Failures or waivers to insist on strict performance
of any covenant, condition, or provision of this
AGREEMENT by the parties, their successors and
assigns shall not be deemed a waiver of any of its rights
or remedies, nor shall it relieve the other party from
performing any subsequent obligations strictly in
accordance with the terms of this AGREEMENT. No
waiver shall be effective unless in writing and signed by
the parry against whom enforcement is sought. Such
waiver shall be limited to provisions of this
AGREEMENT specifically referred to therein and shall
not be deemed a waiver of any other provision. No
waiver shall constitute a continuing waiver unless the
,,Titing states otherwise.
11.4 Should any term or provision of this
AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or
circumstance during the term hereof by force of any
statute, law, or ruling of any forum of competent
jurisdiction, such invalidity shah not affect any other term
or provision of this AGREEMENT, to the extent that the
AGREEMENT shall remain operable, enforceable and
in full force and effect to the extent permitted by law.
11.5 This AGREEMENT may be amended only with
the written approval of the parties hereto.
11.6 This AGREEMENT states the entire under-
standing and AGREEMENT between the parties and
supersedes any and all written or oral representations,
statements, negotiations, or contracts previously existing
between the parties with respect to the subject matter of
this AGREEMENT. The COUNTY recognizes that any
representations, statements or negotiations made by
DISTRICT staff do not suffice to legally bind the
DISTRICT in a contractual relationship unless they have
been reduced to writing and signed by an authorized
DISTRICT representative. This AGREEMENT shall
inure to the benefit of and shall be binding upon the
parties, their respective assigns, and successors in
interest.
ARTICLE 12 — SAFETY REQUIREMENTS
12.1. The COUNTY shall require appropriate
personal protective equipment in all operations where
there is exposure to hazardous conditions.
12.2 The COUNTY shall instruct employees
required to handle or use toxic materials or other
harmful substances regarding their safe handling and
use, including instruction on the potential hazards,
personal hygiene and required personal protective
measures. A Material Safety Data Sheet (MSDS) shall
be provided by the COUNTY to the DISTRICT on
each chemical product used.
12.3 The COUNTY shall comply with the standards
and regulations set forth by the Occupational Safety
and Health Administration (OSHA), the Florida
Department of Labor and Employment Security and all
other appropriate f deral, state, local or DISTRICT
safety and health standards.
12.4 It is the COUNTY's sole duty to provide safe
and healthful working conditions to its employees and
those of the DISTRICT on and about the site of
AGR'N ENIENT performance.
12.5 The COUNTY shall initiate and maintain an
accident prevention program which shah include, but
shall not be limited to, establishing and supervising
programs for the education and training of employees
in the recognition, avoidance, and prevention of unsafe
conditions and acts.
12.6 The COUNTY shall erect and maintain, as
required by existing conditions and performance of the
AGREEMENT, reasonable safeguards for safety and
protection, including posting of danger signs and other
warnings, against hazards.
12.7 The COUNTY shall take reasonable precautions
for safety of, and shall provide reasonable protection to
prevent damage, injury, or loss to:
12.7.1 employees on the work and other
persons who may be affected thereby; including
pedestrians, visitors, or traveling public;
12.7.2 the work, materials, and equipment to be
incorporated therein; whether in storage on or off the
site, under care, custody or control of the COUNTY,
or the COUNTY's subcontractors; and
12.7.3 other properties at the site or adjacent
thereto; such as trees, shrubs, lawns, walks, utilities,
pavement, roadways, structures, building, vehicles, and
equipment not designated for removal, relocation or
replacement in the course of work.
12.8 The COUNTY shall provide first aid services and
medical care to its employees.
Page 8 of 9, Exhibit "B"
Contract File: \county.doc 12/14/11
Packet Page -701-
SOUTH FLORIDA WATER MANAGEMENT DI. 10/9/2012 Item 16.A.2.
00 EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
12.9 The COUNTY shall develop and maintain an
effective fire protection and prevention procedures and
good housekeeping practices on the work site
throughout the AGREEMENT.
12.10 Emergencies: in emergency affecting safety of
persons or property on or about the site or as a result of
the work; the COUNTY shall act, timely and with due
diligence, to prevent threatened damage, injury, or loss.
12.11 Environmental: When the COUNTY,
COUNTY's contractors, or subcontractors, use
petroleum products, hazardous chemicals, or any other
chemicals used on or about the site, the COUNTY
shall be responsible for handling these chemical
constituents in accordance with federal, state and local
regulations 4w-ing the terms of the AGREEA ENT.
For accidental discharges or reieases onto the floor, air,
ground, surface waters, ground waters, it shall be the
COUNTY's sole responsibility to respond immediately
to clean the site, at his expense, to the complete
satisfaction of federal, state, local regulatory agencies
and to the DISTRICT requirements.
12.12 The DISTRICT may order the COUNTY to
halt operations under the AGREEMENT, at the
COUNTY's expense, if a condition of immediate
danger to the public and/or DISTRICT employees,
equipment, or property exist. This provision shali not
shift the responsibility or risk of loss for injuries or
damage sustained from the COUNTY to the
DISTRICT; and the COUNTY shall remain solely
responsible for compliance with all federal, state and
local safety requirements, provisions of this section,
and safety of all persons and property on or about the
site.
Page 9 of 9, Exhibit "B"
Contract File:lcounty.doc 12/14/11
Packet Page -702-
10/9/2012 Item 16.A.2.
EXHIBIT "C"
STATEMENT OF WORK
COLLECTION OF SURFACE WATER QUALITY
SAMPLES IN COLLIER COUNTY
1.0 INTRODUCTION AND BACKGROUND
This Cooperative Agreement between the South Florida Water Management District (District) and
Collier County Pollution Control (County) details the monthly collection of thirty-one (31) surface
water quality monitoring sites within Collier County and the Big Cypress Basin. This monitoring
program provides data for the development of water management strategies within the Big Cypress
Basin watershed and adjacent estuarine /coastal waters of Collier County.
The monitoring initiatives detailed in this Statement of Work (SOW) continues the District's
commitment to a unified sampling program developed in 1989 to provide data to address southwest
Florida's surface water quality issues. This cooperative program has established a substantial period of
record that serves as a baseline to evaluate estuarine restoration efforts as well as to identify potential
impacts on this valuable resource from upstream surface water management activities (e.g. Picayune
Strand Restoration).
2.0 OBJECTIVE
The primary objectives of this Cooperative Agreement are to obtain timely, accurate, verified surface
water monitoring data that fulfills District legal mandates, supports operational decisions and utilizes
resources in an efficient manner to allow redirection of District staff to other priority projects.
In order to fulfill the objectives required by this Agreement, the County shall:
a) Assemble and manage staff ensuring capacity to complete all tasks outlined herein;
b) Provide all transportation required to access all monitoring stations described herein;
C) Provide sampling equipment and supplies required to conduct monitoring;
d) Perform field collections in compliance with the District's most current Field Sampling
Quality Manual (FSQM) and Florida Department of Environmental Protection (FDEP)
field Standard Operating Procedures (SOPS) and;
e) Consistently deliver accurate field data, surface water quality samples, and a description of
sample collection activities on specified due dates.
3.0 SCOPE OF WORK
County staff shall collect surface water in situ physio- chemical data and samples from thirty -one (3 1)
stations throughout Collier County. Laboratory analysis will be performed by the District with the
exception of samples from the five (5) Lake Trafford sites, which will be analyzed by the County. Station
names, descriptions, and coordinates are listed in Table 1 and station locations are depicted in Figures
1 and 2. The required water quality parameters along with sampling frequency are listed in Table 2.
Table 3 provides details of the physio- chemical data to be collected at each station. All work performed
by the County as a result of this Agreement shall include appropriate quality assurance samples and the
collection methodology shall comply with the applicable FDEP SOP's 001/01, and the District's
FSQM.
Page 1 of 8, Exhibit "C" to Agreement No. 4600002607
Packet Page -703-
10/9/2012 Item 16.A.2.
COLLIER COUNTY MONITORING STATIONS
RXSCRO
niii7it + � \\
C� )
ii {If
} GGCPB58
BC25
CO
ECO • BC115
i BC1
C
co
I 1
�GGC �T31 l �
c3i J 1-75 BC10 - - - --
N —l� BG11
N ? '� +,KALDCRK "{
l
J LELY
4
BAREFOOT
LIAIVIS J
�r�4r AGAREA
TR (TAMTOM)
/ f
_/ 1 'cam FAKA SR29 1
FAKAUPOI �(BARRON)
8019
9
LEGEND
C' WOM STATION
-- CANAL
ROAD
Miles (�
0 5 10 15 tr
Map treated by Danielle Thann, Scientist 2-'-
Water Quality Mcnitonng Section. WQe t�
Figure 1: CCWQ Station Locations
Paee 2 of 8. Exhibit "C" to Am-eement No. 4600002607
Packet Page -704-
10/9/2012 Item 16.A.2.
_I Lake Trafford Monitoring Sites
11 1 A Lake Trafford Sites Road I i
} N
W+ 0 0.25 0.5 Miles
S 1 1 1
Figure 2: Lake Trafford Station Locations
Page 3 of 8, Exhibit "C" to Agreement No. 4600002607
Packet Page -705-
FW
W,
f i[� 1 �'7f �• I c y F� i i i Ti [:����
3.1 Communication
All communication between the District and the County shall be done through the Field Contract
Manager (FCM) unless directed otherwise by the FCM for project specific issues; for example,
revision of sample collection dates, change in collection methodology, or change in sample collection
location. The role of the FCM is to ensure that communication between the District and the County is
frequent, consistent, and documented. This includes gathering and disseminating documentation and
deliverables, change control, schedule review, and invoice review and approval to ensure each
monitoring project is successful.
Table 1: Site Names and GPS Coordinates
HENDa951 (Barefoot
Intersection of C951 and Henderson Creek
26.050441
81.699672
Williams)
BCIO*
FakaUnion Canal at intersect of 1 -75
26.153556
81.523236
(FAKAUC75)
BC 11 *
Merritt Canal at intersect of I -75
26.153510
81.490640
BC14
Immokalee Rd canal a intersection of
26.272673
81.778421
Palm River Blvd
BC16
Bridge #84 on US41E
25.887806
81.261722
BC19
Bridge #69 on US41E
25.926484
81.427043
BC2
Just inside the mouth of Rock Creek
26.141314
81.78.5151
BC22
Gauging station north of intersection US41
26.05826
81.689187
and Henderson Creek (HENDCRK)
BC25
Bridge east of Oil Well Grade Rd on
26.163127
81.479430
CR858 in Camp Keais Strand
BC3
Gordon River ext. at mouth of canal leading
26.163278
81.786504
to main P.O.
BC9*
Miller Canal at intersect of I -75
26.153170
81.555260
COCAT41
Cocohatchee River n US41
26 268245
81.801880
COCPALM
Bridge at intersection of Palm River Dr &
26.027780
81.778060
Coconut Palm River
CORKa846
Bridge at intersect of Corkscrew Canal &
26.277980
81.601020
CR846
CORKSCRD
Bridge @ intersect of Corkscrew Rd &
26.736747
81.371943
canal NE of Corkscrew Marsh trailhead
ECOCORIV
East of WCOCORIV site at amil gate
26272309
81.783972
FAKA
Gauging station north of weir a
25.960507
81.509510
intersection ofUS4I/Faka Union Canal
FAKAUPOI
Faka Union Canal a entrance to Port of the
25.955940
81.510510
Islands marina
GGC�a),858
Bridge a, intersect of Airport Rd. and
26.293320
81.561760
Golden Gate Canal
GGCAT31
Bridge (a� intersect of Golden Gate Canal
26.167868
81.767306
HALDCRK
Upstream of mail gate a intersect
26.123853
81.762414
of IJS41 & Haldeman creek
Bridge a intersect of US41 & Lely
LELY
Main Canal
26.103982
81.746194
N132
Southern termination of Sandpiper
26.122368
81.782526
NB4
Park (ails' St. and SR851
26.146258
81.787094
BARRON
Barron River Canal and CR837
25.964445
81.353611
(Wagon Wheel Rd)
TAMTOM
US41 Canal at Tomato Rd and US41E
26.005705
81.609192
LKTRAFI
NE corner of Lake Trafford
26.431803
81.487188
LKTRAF3
Center of Lake Trafford
26.424050
81.493552
Page 4 of 8, Exhibit "C" to Agreement No. 4600002607
Packet Page -706-
10/9/2012 Item 16.A.2.
* locations for BC4, BC 10, and BC 1 will be relocated to the Miller Canal, Faka Union Canal and Merritt Canal pump
stations as they come online.
Table 2. Parameters and kre uency of Collection for Pro ect
Ammonia
EPA 351.2 or
0.005 mg/L,
Monthly
(NH4)
SM 4500 -NH3H
mg/L
' 0.2 mg/L of saturation chart at temp$
Color
SM2120 C modified
1 pcu
Monthly
Nitrite - Nitrate
SM 4500 -NO3T
0.005 mg/L
Monthly
(NOx)
SM 2510 A
Orthophosphorus
SM 4500 P F
0.002 mg/L
Monthly
(OPO4)
SM 2550 B
Total Kjeldahl Nitrogen
EPA 351.2
0.05 mg/L
Monthly
(TKN)
Total Nitrogen
Calculated
0.055 mg/L
Monthly
(TN)
Total Organic Carbon
SM 5310 B
1.0 mg/L
Monthly
(TOC)
Total Phosphorus
SM 4500 PF
�/L
0.002 ma
Monthly
(TP 04)
Total Suspended Solids
SM 2540 D
3 mg/L
Monthly
(TSS)
Turbidity
SM 2130 B
0.10 NTU
Monthly
Chlorophyll -a'
SM 10200 H
1 mg/m3
Monthly
Phaeophytin'
SM 10200 H
I mg/m3
Monthly
1 _11__ _._1___
_—ll "l' XTT —_
LTTlA
i11—y" VVlIV _ mL .Y — VJ4N{Aa i11V Ja Lt. , —, I — — I—
Table 3. In Situ Parameters, Anal tical Methods, Re ortin Units and Accurac ()b
PH
SM 4500 -H+ B
S.U.
+ 0.2 pH units
Dissolved Oxygen
FDEP SOP FT1500
mg/L
' 0.2 mg/L of saturation chart at temp$
(DO)
SM 4500 -0 G
Specific Conductivity
FDEP SOP FT 1200
µmhos /cm
5% of the true value of the KCI standard
SM 2510 A
Temperature
p
FDEP SOP FT1400
oC
+ 0.2 °C
SM 2550 B
Depth
meters
+ 0.01 meter
'In the working range of 0 -20 mg/1
Page 5 of 8, Exhibit "C" to Agreement No. 4600002607
Packet Page -707-
CM
10/9/2012 Item 16.A.2.
3.2 Sample Collection Protocols
All sample collection and field measurements identified in the tasks of this Agreement are subject to
the following requirements:
a) The County shall be responsible for following the sampling protocols outlined within
the District's FSQM and the appropriate FDEP SOPs for the collection of surface water
samples. As per FDEP SOP F.A.C. 3300 the County must possess and maintain a Field
Quality Manual.
b) Any variances from the minimum requirements under F.A.C. 62 -160 and the District's
FSQM must be approved in writing by the District Field Project Manager (FPM) and the
Water Quality Monitoring Section's Quality Assurance (QA) Officer prior to
implementation. This includes any changes in sampling procedures and/or Quality
Assurance /Quality Control (QA/QC) protocols.
C) The County shall ensure that only qualified and properly trained staff conduct sampling
and/or field measurements for this Agreement. All sample collection trips shall have at
least one (1) staff present who has collected samples for similar low - concentration
nutrient parameters in surface water for at least two (2) consecutive years. The County
shall demonstrate knowledge of FDEP sampling SOP's for the collection methods
requested within this Agreement, and the operation of field instruments /equipment. The
County shall document all staff training and keep the documentation in the employees'
files. All training records shall be available for review during audits and/or if requested.
d) The County shall submit a list of sampling personnel who are, or shall be, assigned to
complete tasks specified in this Agreement, along with a summary of their qualifications
for District approval. Any changes or updates to this information shall be submitted to
the District FPM. New staff, approved by the District, will be assigned a registered
identification in the District's Laboratory Information Management System (LIMS)
system prior to being allowed to collect samples or record documentation.
e) The County shall submit to the District FPM, any new field instrument identification
numbers for registration in the District's LIMS.
f) The County shall document all field conditions and measurements. Information may be
collected electronically using the District's Horizon Field Data Manager Software
(HFDM). The County shall upgrade to the District's updated field collection software
when it's put into production mode. The County shall be responsible for costs incurred
to upgrade its software. All required original field notes and copies of the Prelogin
Summary Report and Field Test Report shall be submitted to the District FPM with each
sampling event. Any required corrections shall be submitted alongside the notes for the
following week. Photocopies of the field notes and the Prelogin Summary Report and
Field Test Report shall be submitted with the samples to the District laboratory.
g) The County shall calibrate all field instruments before their use and verify calibrations
after each day of sampling (refer to the FDEP SOP or the District FSQM). A District
Field Test Report (Appendix A) shall be completed in hard copy or electronically and
submitted to the District laboratory with the shipped samples. In situ physio- chemical
Page 6 of 8, Exhibit "C" to Agreement No. 4600002607
Packet Page -708-
10/9/2012 Item 16.A.2.
measurements shall always be measured at 0.5 meter depth, the same depth the sample
is collected, and recorded at the same time the grab sample is collected. For those
locations with total depth less than 1.0 meter, the sample collection depth shall be half
of the total depth. In situ measurements shall be collected every time a grab sample is
collected.
h) The County shall submit invoices to the District on a quarterly basis. Invoices shall state
the not to exceed costs associated with the contract budget spreadsheet. Invoices are due
within two (2) weeks following the end of each quarter. The invoice for the 4`h quarter
of each fiscal year is due by September 30th. A statement attesting to the validity of the
data shall accompany all quarterly reports and invoices. The District may refuse
payment for data and/or samples that do not meet the District's quality assurance /quality
control criteria.
i) All samples except those from Lake Trafford, collected under this Agreement shall be
shipped overnight to the District laboratory on the same day they are collected. The
District will provide a courier account number and will be responsible for all costs of
shipping. The County shall verify that the District laboratory received all samples by the
next morning following sampling shipment. The County shall notify the District FCM
immediately via e-mail if the samples have not been received by the District laboratory.
j) The District will provide all the Prelogin Summary Reports and Field Test Reports and
labels required for all collection trips. The County shall notify the District FPM at least
two (2) weeks prior to a sampling event, if extra Prelogin Summary Reports and Field ,
Test Reports and labels are needed. The County shall produce labeled bottle kits for
each collection event following the guidelines for bottle size and label color, as outlined
in Table 4.
k) The County shall adhere to District protocol for documenting all field data and shall
receive orientation on new field documentation techniques as they are implemented by
the District. All field documentation and Prelogin Summary Reports and Field Test
Reports shall be reviewed by a second qualified staff for errors and omissions prior to
submission to the District laboratory and shall be signed by the reviewer. The District
will review field sampling and quality assurance /quality control (QA/QC) procedures
and conduct field audits as desired.
Table 4 - Associated Bottle Sizes, Tag Colors. Parameters and Preservatives
TAG
FILTER and /or
BOTTLE
COLOR
PRESERVATIVE
PARAMETERS
SIZE
YELLOW
Unfiltered
CARO, CHLA, CHLA2, CHLB, CHLC, P14EO
I L amber
WHITE
TDS, Turbidity
125 ml
MAGENTA
H2SO4
TP04, TKN, TOC
250mL
GREY
Filtered
NH4, NOx
60mL
ORANGE
CL, COLOR, NO2, OPO4, SI02, SO4
125mL
Page 7 of 8, Exhibit "C" to Agreement No. 4600002607
Packet Page -709-
10/9/2012 Item 16.A.2.
4.0 WORK BREAKDOWN STRUCTURE
Task 1: Approved Quality Assurance Manual
The County's Quality Assurance Manual shall be maintained for the duration of the agreement and the
County shall submit document revisions to the District for approval.
Task 2: Sample Collection and Field Measurements Schedule
The County shall submit a sampling schedule covering all work required by this Agreement for the
upcoming quarter at least five (5) business days prior to the beginning of each quarter to the District
FPM. The sampling effort must occur over no more than a two (2) week period and must done during
the same two (2) weeks of every month to avoid the collections occurring "back to back ". Samples
shall be shipped at the end of each sampling day to allow for adequate time for analysis within
prescribed holding times. In the event of a holiday or extenuating circumstance, it may be necessary for
the County to modify its sampling schedule to ensure that samples are submitted to the District
laboratory within deadlines. The District FPM shall be notified of all such modifications at least five
(5) business days prior to its occurrence. If a courier is used to deliver samples to the District's
laboratory, samples should not be shipped on Fridays or any day before a District recognized holiday.
The District shall supply filters, acid, sample bottles, "header sheets ", labels and coolers. The County
shall supply a multi - parameter probe capable of collecting in situ physio - chemical data, sample
collection equipment, coolers, and required transportation. The County shall be responsible for
ensuring that an adequate stock of supplies is available to perform all required work.
Deliverable 1 - A sampling schedule for each quarter, submitted five (5) days prior to the start of each
quarter (September, December, March, and June). The schedule for the first quarter of this Agreement
shall be submitted within ten (10) business days of the execution of this Agreement.
Task 3: Collier Countv Water Quality Proeram Sampling
All samples and field measurements for the referenced project shall be collected within the guidelines
of Section 3.1 Sample Collection Protocols detailed above.
The County shall collect surface water grab samples and field water quality in situ measurements at the
31 stations associated with the Collier County Water Quality (CCWQ) project in compliance with the
frequency and parameter requirements outlined in Tables 1, 2 & 3.
Deliverable 2 — The County shall notify the District FPM via electronic mail of each shipment to the
District's laboratory. The County shall ship samples with signed header sheets and field documentation
(hard copies or electronic print out) to the District laboratory on the same day of collection. The County
shall document all field conditions and field measurements. The County shall utilize the District's
HFDM software to record field and header documentation.
Page 8 of 8, Exhibit "C" to Agreement No. 4600002607
Packet Page -710-
10/9/2012 Item 16.A.2.
Task 4: Reporting
Quarterly reports for data collected for the CCWQ project shall be submitted within fourteen (14) days
of the end of the reporting period (i.e., data for the period January, February, and March shall be
submitted by April 14).
Deliverable 3 -The quarterly report shall summarize the sampling activities for that reporting period
and shall include the following:
• Period covered by report
• Summary of sites collected during the reporting period
• List of problems encountered
• Observations of significance, i.e. construction activities, thick vegetation
5.0 CONTINGENCIES
The County shall make every effort to complete all tasks as described. The County shall notify the
District FPM of any problems that may occur which would inhibit the collection of water quality data
required for this Agreement.
Expedient monitoring may be requested during or after unusual weather events that may affect surface
water related resources. While every effort will be made to accommodate such requests, unscheduled
monitoring will be conducted based on County staff availability and it is understood that some requests
may not be fulfilled.
Page 9 of 8; Exhibit "C" to Agreement No. 4600002607
Packet Page -711-
T.
�^ C7
fi
T
7
L
O
m
K
0
APPENDIX A
HFDM Field Test Report
10/9/2012 Item 16.A.2.
m rrr
w
liil
a
T
s
n
m
d
C
a
m
.3.
O
tYF
rt
Page 1 of 1, Appendix "A" to Agreement No. 4600001904
Packet Page -712-
a
0
a
ID
10/9/2012 Item 16.A.2.
EXHIBIT "D"
PAYMENT AND DELIVERABLE SCHEDULE
A summary deliverable schedule for each task associate with this project is set forth below. The
schedule is based on a three (3) year period. The County hereby agrees to provide the District all
deliverables, data and information described in the Statement of Work. Acceptability of all work
shall be based on the judgment of the District that the work is technically credible, accurate
precise and timely.
The County shall invoice the District on a quarterly basis. Invoices and reports and analysis
summarizing the sample collection activities shall be submitted within fourteen (14) days of the
end of the quarterly reporting period, (i.e., for the months of January, February and March shall
be submitted by April 14). The fourth quarter report shall be submitted by September 30th. All
invoices shall list the deliverables submitted to the District and the reporting period the invoice
covers.
Upon receipt and acceptance of deliverables by the District, the District agrees to pay the County
as specified below and in accordance with Exhibit "C" (Statement of Work). However, the
District may refuse full payment for data and/or samples that do not meet the District's QA /QC
criteria.
The total consideration to be provided by the District under this Agreement shall not exceed Two
Hundred Fifty -Eight Thousand Dollars and No Cents ($240,000). Funding is subject to District
Governing Board fiscal year appropriations, including $80,000 for FY2013; $80,000 for
FY2014, and $80,000 for FY2015. In the event the District does not approve funding for any
subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding,
notwithstanding other provisions in this Agreement to the contrary.
Page 1 of 2, E Packet Page -713- 4600002607
10/9/2012 Item 16.A.2.
Page 2 of 2, E packet Page -714-:4600002607
FY13
FY014
FY15
Task
Deliverable
Due Date
Payment Amount
Payment Amount
Payment Amount
2
1 Sampling
Submitted five
$0
$0
$0
Schedule
(5) days prior to
the start of each
quarter
(September,
December,
March and
June).
For the first
quarter of this
Agreement, the
schedule shall
be submitted
within ten (10)
days of
Agreement
Execution
3 -4
2-3
Samples with
$80,000
$80,000
$80,000
Surface
signed filed
Water
documentation
($20,000 /qtr)
($20,000 /qtr)
($20,000 /qtr)
Quality
and header
Pro -ram
sheets shall be
Sampling
sent the same
day of
collection to
District
laboratory.
5
4 Reporting
Quarterly report
$0
$0
$0
shall be
submitted with
fourteen (14)
days of the end
of the reporting
period (i.e., data
for period Jan -
March shall be
submitted by
April 14.
Total Payments per Fiscal Year
$80,000
$80,000
$80,000
Page 2 of 2, E packet Page -714-:4600002607