Agenda 02/24/2009 Item #16C 2
Agenda Item No, 16C2
February 24. 2009
Page 1 of 46
EXECUTIVE SUMMARY
Recommendation to approve Amendment AOl to the existing Agreement No. ML070554
between the county and the South Florida Water Management District that will reduce the
fiscal year 2009 funding by $43,227, and to approve the associated budget amendment.
OBJECTIVE: To have the Board of County Commissioners approve Amendment AO I to the
existing Agreement No, ML070554 between the County and the South Florida Water
Management District (SFWMD) and to approve the associated budget amendment. This
Amendment reduces the fiscal year 2009 lunding by $43,227,
CONSIDERATIONS: The current three year agreement provides that the Pollution Control
and Prevention Department (PCD) monitor surface water quality within the Big Cypress Basin
and submit reports to SFWMD. Fiscal year 2009 is the final year of this three year agreement.
Currently, sixty-one (61) surface water sites are monitored for specific parameters for three
separate projects providcd in the agrcemcnt. This rcduction in funding includes rcmoving three
parameters (fluoridc, total coliform and total dissolved solids) /Tom the current monitoring plan,
Data collected pursuant to the original agrecment is utilizcd by the Florida Departmcnt of
Environmental Protection (FDEP) for incorporation into the "Identification of Impaired Surface
Waters" (Florida Administrative Code, Section 62-303); the Total Maximum Daily Load
(TMDL) process; and also by Comprehensive Everglades Restoration Plan (CERP) project
delivery teams who are working on restoration efforts in southwest Florida, Removal of these
parameters /Tom the monitoring phm will have no impact on the implementation of these
programs or the determination of the surface water quality within Collier County,
Under the existing Agreement, project Collier County Watcr Quality (CCWQ) will continue to
monitor forty-nine (49) sites located within the Big Cypress Basin for long-term trends in surface
water quality, Project Immokalee Stonnwater (lMKS) will continue to monitor surface water at
five (5) stormwater outfalls in the Immokalee arca to support development of the Immokalee
Stonnwater Master Plan. Seven (7) sites will continue to be monitored in Southern Golden Gate
Estates (SGGE) as part of thc United Slates Army Corps of Engineers permit requircments for
thc Picayune Hydrologic Restoration Projcct. Project SGGE is part of the greater
Comprehensive Everglades Rcstoration Projcct (CERP) and is in thc initial phase of complction,
FISCAL IMPACT: This Amcndmcnt rcduccs the fiscal year 2009 funding by $43,227. This
loss in rcvenue will be compcnsatcd by thc reduction in parametcrs proposcd in this amcndment
which rcduces operating costs, In addition, contractual scrvices will be reduced by analyzing
other parameters in-house that were previously sent to a contract laboratory and by removing
pesticide analysis from the groundwatcr monitoring program during fiscal year 2009. Pesticidc
analysis can bc rcvisitcd on a rcduced monitoring frequcncy in coming years if funds become
available.
Executive Summary
Amendment to SFWMD Agreement
Page 2
Agenda Item No, 16C2
February 24, 2009
Page 2 of 46
GROWTH MANAGEMENT IMPACT: This reduction in funding will not impact the
requirements of the Conservation and Coastal Management Element of the Growth Management
Plan relative to surface water quality monitoring,
LEGAL CONSIDERATIONS: Although Amendment #AOI has not yet been executed by
SFWMD, it has been initialed for fonn and legal sutliciency because SFWMD is requiring that
the County execute it first. When Amendment #AO I is returned to the County, it will be
reviewed by the County Attorney's Oflice to ensure that it is properly executed. -lBW
RECOMMENDA nON:
I) Staff is recommending that the Board of County Commissioners approve Amendment
#AOI to Agreement No. ML070554, whereby the South Florida Water Management
District will reduce Fiscal Year 2009 funding by $43,227,
2) Approve the associated budget amendment.
Prepared By: Rhonda j, Watkins, Principal Environmental Specialist, Pollution Control &
Prevention Department
Page I of I
Agenda Item No, 16C2
February 24,2009
Page 3 of 46
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C2
Recommendation to approve Amendment A01 to the existing Agreement No ML070554
between the county and the South Florida Water Management District that will reduce the
fiscal year 2009 funding by $43,227, and to approve the associated budget amendment
Meeting Date: 2/24/2009 90000 AM
Approved By
Jennifer A. Belpedio Assistant County Attorney Date
County Attorney County Attorney Office 2/5/2009 11 :37 AM
Approved By
Jeff Klatzkow Assistant County Attorney Date
County Attorney County Attorney Office 2/5/2009 11 :49 AM
ApPl'"Oved By
Thomas Wides Operations Director Date
Public Utilities Public Utilities Operations 2/5/20093:46 PM
Approved By
Dianna Perryman Contract Specialist Date
Administrative Services Purchasing 2/5/20094:53 PM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 2/5/20095:01 PM
Approved By
Ray Smith Director Date
Public Utilities Pollution Control & Prevention 2/5/20095:07 PM
Approved By
James W. DeLony Public Utilities Administrator Date
Public Utilities Public Utilities Administration 2/6/20093:27 PM
Appro\'ed By
OMS Coordinator OMS Coordinator Date
County Manager's Office Office of Management & Budget 2/9/20099:55 AM
Approved By
Randy Greenwald Management/Budget Analyst Date
County Manager's Office Office of Management & Budget 2/9/200910:47 AM
Approved By
James V. Mudd County Manager Date
Board of County County Manager's Office 2/16/20096:54 PM
Commissioners
fi le://C :\Agenda Test\Export\ 124-F ebruary%2024, %202009\ 16, %20CONSENT%20AGEN D ,.. 2/18/2009
E)
Agenda Item No, 16C2
OR'rG1UCf~~
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3600001301-A01
AMENDMENT NO, 01
TO AGREEMENT NO, 3600001301 (ML070SS4)
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY
This AMENDMENT NO, 1, entered into on , to that AGREEMENT
dated September 21, 2006, between "the Parties," the South Florida Water Management District
(DISTRICT), and the Board of County Commissioners (BOCC) - Collier County (COUNTY).
WITNESSETH THAT:
WHEREAS, the Parties entered into an AGREEMENT for the collection and analyses of
surface water quality sampling in Collier County; and
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the Statement of
Work, decrease the funding, and revise the Payment and Deliverable Schedule of the AGREEMENT;
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
I, This AMENDMENT NO, 01 shall be effective upon the date of execution by the Parties.
2, The monetary consideration for the AGREEMENT is hereby decreased by an amount not-to-
exceed Forty-three Thousand Two Hundred Twenty-seven Dollars and No Cents ($43,227.00) for
Fiscal Year 2009. The total revised not-to-exceed AGREEMENT amount is Four Hundred Fifty-six
Thousand Two Hundred Twenty-nine Dollars and No Cents ($456,229,00).
3. The Statement of Work, attaehed as Exhibit "C" to the AGREEMENT, is hereby amended in
accordance with Exhibit "CI", attached hereto and made a part ofthis AMENDMENT NO, 01.
4, The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "DI ",
attached hereto and made a part of this AMENDMENT NO. 01.
Page 1 of2, Amendment No, 01 to Agreement No, 3600001301 (ML070554)
i)
Agenda Item No, 16C2
February 24, 2009
Page 5 of 46
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
5, The Agreement Number is hereby amended to 3600001301 (from ML070554) to correspond
with the DISTRICT's new database, All future correspondence (notices, invoices, etc.) shall
reference the new AGREEMENT Number,
6, All other terms and conditions of the AGREEMENT, as amended, remain unchanged,
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this AMENDMENT NO. 01 on the date fust written above,
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
By:
Frank Hayden, Procnrement Director
SFWMD PROCUREMENT APPROVED
By:fAA~..&~~
Date: !()/r-,/oF
/
BOCC - COLLIER COUNTY
By:
Donna Fiala
lftI8T
U1IMI'I" L BJUICK, CLERK
Title:
Chairman
AFrl'Cl.~":-.-.; t.~_~ t~{i){\.\~ l;.r. ;~:8:~j i;;:~~:"L;-:':,; .~, ,~!
1m
Deputy Clerk
....1._ClIutJ AltoIlItJ
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Page 2 of2, Amendment No, 01 to Agreement No, 3600001301 (ML070554)
Agenda Item No, 16C2
February 24,2009
Page 6 of 46
EXHIBIT "CI"
STATEMENT OF WORK
COLLECTION AND ANALYSES OF SURF ACE WATER QUALITY
SAMPLES IN COLLIER COUNTY
This Amendment No, 01 is issued to:
. Reduce the FY 2009 funding by $43,227; total FY 2009 budget is $129,829,00
. Eliminate the following analytical parameters: Fluoride, Total Coli forms and Total
Dissolved Solids at the request of Collier County.
All other deliverables (sampling locations and reporting) associated with Agreement No. 3600001301
shall remain intact.
Page I of I, Exhibit "C 1" to Agreement No, 360000130 I-AO 1
Agenda Item No, 16C2
February 24, 2009
Page 7 of 46
EXHIBIT "Dl"
PAYMENT AND DELIVERABLE SCHEDULE
The Field Quality Manual, Laboratory Quality Manual and NELAP Certification identified in Task 1
shall be submitted within one (I) month of contract execution and no less than annually thereafter.
The County shall invoice the District on a quarterly basis for Tasks 3 and 6, Tasks 4 and 5 for project
SGGE shall be included with the quarterly invoice only if sampling events occur within the quarterly
invoicing period since sampling is based on flow conditions, There will be no separate payment for
Tasks I and 2.
All electronic data deliverables and reports shall be submitted within sixty (60) days of the end of the
quarterly reporting period, (i.e., data for the period January - March shall be submitted by May 31),
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 the Statement of Work, However, the District may refuse full
payment for data that do not meet the County's or District/FDE? QAQC criteria, The total not-to-
exceed consideration to be provided by the District under this Agreement is $456,229.00 ($160,000,00
for FY07; $166,400 for FY08, and $129,829 for FY09).
Task Deliverable Description FY07 FY08 FY09
Payment Amount Payment Amount Payment Amount
1 General Quality Assurance/Quality $0 $0 $0
Control (QNQC) Requirements
2 Data Transfer $0 $0 $0
3 Surface Water Sample Collection, $32,225/Qtr not to $33,514/Qtr not to $26,148.75/Qtr not
Analyses and Data Deliverables for exceed $128,900/yr exceed $134,056/yr to exceed
Projects CCWQ and IMKS $104,595/yr
4 SGGE Surface Water Sample $1,100,00 per event $1,144,00 per $892.66 per event
Collection not to exceed six event not to exceed not to exceed six
events at $6,600/yr six events at events at $5,356/yr
$6,864/yr
5 SGGE Surface Water Sample $130,00 $135,20 $105,48
Analysis aod Data Deliverables per sample not to per sample not to per sample not to
exceed 50 samples at exceed 50 samples exceed 50 samples
$6,500/yr total at $6,760/yr total at $5,274/yr
6 Reporting $4,500/Qtr not to $4, 680/Qtr not to $3,651/Qtr not to
exceed $18,000/yr exceed $18, nO/yr exceed $14,604/yr
Total Payments per Fiscal Year $160,000 $166,400 $129,829
Page I of I, Exhibit "01" to Agreement No, 3600001301-AOI
8
) Agenda Item No, 16C2
February 24.2009 "
Paoe 8 of 46
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
.
AGREEMENT
THE SOUTH FLORIDA WATER MANAGEMENT
DISTRIcr (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WIm:
Name: BOCC COLLIER COUNTY FLA
POLLUTION CONTROL & PREVENTION DEPARTMENT
Address: 3301 E. TAMIAMI TRAIL
BLDG. H
NAPLES, FL 34H2
Project Manager: Raymond E. Smith
Telephone No: (239) 732-2502
Fax No: (239)732- 2574
-Hereinafteneferred to as: COUNTY
PROJECT TITLE: COLLECTION AND ANALYSES OF SURFACE WATER QUALIJ,'Y SAMPLES IN COLLIER
COUNTY
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Not Applicable Exhibit "H" Not Applicable
Exhibit "B" - General Tenns and Conditions Exhibit "I" Not Applicable
Exhibit "C" - Statement of Work Exhibit "J" Not Applicable
Exhibit "D" - Payment and Deliverable Schedule Exlubit "K" Not Applicable
Exhibit "E" - Not Applicable Exhibit "L" Not Applicable
Exhibit "F" - Not Applicable Exlubit "M" - Not Applicable
Exhibit "G" - Not A licable
TOTAL AGREEMENT AMOUNT: $ 499,456,00
Multi-Year Funding (If Applicable)
Fiscal Year: October I, 2006-September 30, 2007 $160,000.00'"
Fiscal Year: October 1, 2007~September 30, 2008 $166,400.00*
Fiscal Year: October 1, 200S-September 30, 2009 $173,056.00*
"'Subject to District Governing Board Annual Budget ApprovaJ
AGREEMENT TERM: Three 3 Years
District Project Manager: Patrick J. Martin
Telephone No: (561) 753-2400 x 4761
Fax No. (56t) 79t-4094
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
South Florida Water Management District
3301 Gun Club Road
West Palm Beach, Florida 33406
Attention: Procurement Department - Notices
Accounts Payable - Invoices
This number must appear on all Invoices and Correspondence
ML070554
TYPE:
Not-to-Exceed
Fiscal Year:
Fiscal Year:
Fiscal Year:
EFFECTIVE DATE: November I 2006
District Contract Administrator:
Penelope Burger (561) 682-2536
FuNo.: (561) 682-6397 or (561 681-6275
SUBMIT NOTICES TO THE COUNTY AT:
BOCC COLLIER COUNTY FLA
POLLUTION CONTROL & PREVENTION DEPARTMENT
3301 E, TAMlAMI TRAIL
BLDG, H
NAPLES, FL 34112
Attention: Raymond E. Smith
IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Tenns and
Conditions lIDder which it is issued.
BOCC COLLIER COUNTY FLA
Accepted By:
~~~~/
Signature of Authorized Representatlve I
Frank Halas
Title:
Chairman
Date:
Approved as to form. and lega1 sufficiency
~b~[3-0b
ty Attorney
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
Accepted By:
Carrie Hill; Trirerim .Procurement Director
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Dwight E, I%:i;pck"Gler]<::'
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Date:
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@)
) ) Agenda Item No, 16C2
SOUTH FLulUJ)A WATER MANAGEMENT DISTRlfffiIl'v 24. 2009
,.,.. ~ f'age 90f 46
EXIllBIT "B" '.
GENERAL TERMS AND CONDITIONS
r
ARTICLE 1- STATEMENT OF WORK
1.1 The COUNTY shall, to the satisfaction of the
DISTRICT, fully and timely perform all work items
descnbed in the "Statement of Work," attached hereto
as Exhibit "C" and made a part oftlris AGREEMENT.
1.2 As part of the services to be provided by the
COUNTY under this AGREEMENT, the COUNTY
sliaifsiiiistantiate,-Ui" w!iiitever fonUn' reasonably
requested by the DISTRICT, the methodology, lab
analyticat 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 tlris AGREEMENT,
1.3 The parties agree that time is of the essence in
the performance of each and every obligation under
this AGREEMENT.
t.4 In the event COUNTY employees or hired
workers are authorized by Exlubit "C" to perform
services on-site at DISTRICT fuci1ities, the COUNTY
hereby agrees to be bound by all applicable
DISTRICT policies and standards of conduct listed in
Attachment I, "Contractor Policy Code
Acknowledgemenf' to Ex1ubit "C" and shall require
each individual performing such on-site work to
execute the Attachment t form. It is the COUNTY's
responsibility to advise its employees or hired workers
of the nature of the project, as descnbed in Exlubit "C".
The COUNTY sball determine the tnethod, details and
means of perfonniug the services, within the
parameters established by Exlubit "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 - COMJ>ENSATIONI
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 COUN1Y
may incur and therefore no additional consideration
shall be authorized:- n m'.._._.___,_
2,2 Notwithstanding the foregoing, the amount
expended under tlris 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 tlris AGREEMENT,
Funding for each applicable fiScal year of tlris
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
tenninate opon expenditure of the current funding,
notwithstanding other provisions in tlris
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 tlris
AGREEMENT.
2.3 The COUNTY assumes sote responsibility for
all work which is perfonned pursuant to the Statement
of Work, Exhibit "C", By providiOg funding
hereunder, the DISTRICT does not make any
warranty, guaranty, or any representation whatsoever
regarding the correctness, accuracy, or reliability of any
of the work performed hereunder,
2.4 The COUNTY by executing tlris
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 COUN1Y
agrees that the DISTRICT may adjust the
consideration for ,tlris 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.
Page I of 10, Exhibit "B"
Contract File:\County,doc 06/06/06
8
,'}) Agenda Item No, 16C2
SOUTH FLORIDA WATER MANAGEMENT DISrD<'ID1fY 24, 2009
.......-"-'Felge 10 of 46
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
.} "
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. All payments due from the DISTRICT
for a proper invoice and acceptable services and/or
deliverables and not made within the time specified in
3.1 The COUNTY's invoices shall reference the this section shall bear interest from thirty (30) days
PX5.TIUCT'sc:".ntrac! Numberand shall be sent to the after the due date at the rate of one percent (I %) per
DISTRICT's address specified -;;;" the cove;,/sig;;;,t;;;:~----- rnOhthoti thellllpaid balance, The COUNTY shall'
page ofthis AGREEMENT. The COUNTY shall not invoice the DISTRICT for payment of any accrued
submit invoices to any other address at the unpaid interest
The DISTRICT sball make any such adjustment
within one (I) year following the expiration or
tennination of this AGREEMENT.
ARTICLE 3 - INVOICING AND PROMPT
PAYMENT
DISTRICT,
3.2 The COUNTY sball submit the invoices on a
completion of deliverable basis, pursuant to the
schedule outlined in the Payment and Deliverable
Schedule, attached hereto as Exlnbit "D" and made a
part of this AGREEMENT. In the event the
schedule does not specity payment on a completion of
deliverable basis, all invoices shall be substantiated
by adequate supporting documentation to justify
hours expended and expenses incurred within the not-
to-exceed budget, including but not limited to, copies
of approved timesheets, payment vouchers, expense
reports (including approved travel costs, if
applicable), receipts and subcontractor invoices. A1:Jy
authorized travel shall be reimbursed in accordance
with Chapter I t2, 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 and that interest payments are made on late
payments, In accordance with Florida Statutes,
Section 218,70, Florida Prompt Payment Act, a
"proper" invoice isdetined 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 sball 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 satisfactior! of the DISTRICT conditions as
detailed in the AGREEMEI',"f,
A1:Jy disputes regarding invoice payments which
cannot be resolved by the appropriate department of
the DISTRICT shall be concluded by final written
decision of the DISTRICT Leadership Team 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 sbaIl 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 perfonnance 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 fonnal notices between the parties under this C
AGREEMENT shall be in writing and sbaIl be
deemed received if sent by certified nlail, ",turn receipt
requested, to the respective addresses specified on the
cover/signature page of the AGREEMENT. The
COUNTY shall also provide a copy of all notices to
Page 2 of 10, Exhibit "B"
Contract File:\CoUllty,doc 06/06/06
8
-j) Agenda Item No, 16C2
SOUTH FLOlUDA WATER MANAGElVlliNT DISTRlelJlry 24,2009
, -- ~ge 11 of 46
EXHIBIT "B'"
GENERAL TERMS AND CONDITIONS
i ,
the DISTRICT'. Project Manager. All notices
required by this AGREEMENT shall be considered
delivered upon re<:eipt, Should either party change its
address, written notice of such new address shall
promptly be sent to the other party.
All correspondence to the DISTRICT undei this
AGREEMENT shall reference the DISTRICT'.
Contract Number specified on the cover/signalw'e page
oftlie AGREEMENT,
ARTICLE 5 - INSURANCE
5,1 The COUNTY 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 applicabte to the
COUNTY'. 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 (I) 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 under this AGREEMENT
shall include a provision whereby the COUNTY's
subcontractor ,agrees to defend, indemnify, and pay
on behalf; save and hold the DISTRICT hllnn1ess
from all damages arising in connection with the
COUNTY'. subcontract.
ARTICLE 6 - TERMINATIONIREMEDIES
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, FAC" ''material breach" is
defined as any substantial, unexcUsed. non-
performance">, 'fuiliiig1opeff6fufmnlenlilif1.lm------
important 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 forwarding a Cure Notice citing the
specific nature of the material breach. The
COUNTY shall have thirty (30) da)'ll to cure the
breach. If the COUNTY fails to cure the breach
within the !hirty (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'. Governing Board shall determine
whether the COUNTY should be suspended from
doing fulw'e work with the DISTRICT, and if so, for
what period of time, The DISTRICT'. Governing
Board will consider the factors detailed in Rule 40E-
7, Part II, FAC. in making a detennination 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 tenninate this
AGREEMENT with or without cause .t any time for
convenience upon thirty (30) calendar da)'ll 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
Page 3 of 10, Exlnbit "B"
Contract File:\Coonty.doc 06/06/06
e
I ") Agenda Item No, 16C2
SOUTH FLOlUDA WATER MANAGEMENT DISTltn~tYe 21i ~~~~
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
tennination 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 deliverables completed
--thIOUgJi-th,,-date- ()neD:Dinati6Ii- ill accordance with
Exlnbit "C", Statement of Work The DISTRICT shall
be relieved of any and all future obligations hereunder,
including bnt 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 borne equally by the parties,
The 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 circmnstances
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 services becomes
unavailable, that sha1l be good and sufficient cause for
the DISTRICT to tenninate the AGREEMENT
pursuant to Paragraph 6,2 above,
ARTICLE 7 - RECORDS RETENTION!
OWNERSHIP
7.1 The COUNTY shal1 maintain records and the
DISTRICT sha1l have inspection and audit rights as
follows:
A. Maintenance of Records: The COUNTY
shall maintain all financial and uon-financial records
and reports directly or indirectly related to the
negotiation or performance of this AGREEMENT
including supporting documentation for any service
rates) expenB-es, research or reports. Such records shall
be maintained and made available for inspection for a
period of five years from completing performance and
receiving final payment under this AGREEMENT,
B. Examination of Records: The DISTRICT
or its designated agent shall have the right to examine
in accordance with generally accepted governmental
auditing standards all records directly or indirectly
related to this AGREEMENT, Such examination may
be made only within five years from the dste of final
payment under this AGREEMENT and upon
reasonable notice, time and place.
C. Extended Availability of Records for Legal
Disnutes: 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 retating to the AGREEMENT until the
fina1 disposition of the legal dispute, and all such
Page 4 of 10, Exhibit lIBn
Contract File:\County.doc 06/06/06
6)
') ) Agenda Item No, 16C2
SOUTH FLOlUDKW ATERMANAGEMENT DIST~re21~ ~r~~
EXHIBIT "B" 9
GENERAL tERMS AND CONDITIONS
records shall be made readily available to the
DISTRICT,
7,2 The DISTRICT sball 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, itsU slilicOiittiictiJi(s);-~--
assign{s), agent(s) and/or successor(s) as required by
the Exlubit "C", Statemeut 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"), ,
TIlls 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, TIlls
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'
Work shall have been developed solely by or for the
COUNTY, or lawfully acquired under license from a
third party, 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 grantto the DISTRICT a peIJletual,
non-transferable, non-exclusive, right to use the
identified software without an additionat 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
sball be returned and title transferred from the
COUNTY' to the DISTRICT immediately upon
tennination or expiration of this AGREEMENT
upon the written. request of the DISTRICT not less
thari. thirty (30) days prior to AGREEMENT
expiration or termination.' Equipment is hereby
defined as any non-consumable items purchased by
the-DISTRICT\villilivalUe - eqmf to orgreateithiur--~ -- --
$500,00 and with a normal expected life of one (I)
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 sball nolilY the DISTRICT in writing
within five (5) working days of such occurrence.
7,5 The DISTRICT has acquired the right to use
certain software under license from third parties. For
purposes of this AGREEMENT, the DISTRICT
may permit the COUNTY access to certain third
party owned software on DISTRICT computer
systems, The COUNTY acknowledges 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 prolnbited.
ARTICLE 8 - STANDARDS OF
COMPLIANCE
8.1 The COUNTY, its employees, subcontractors
or assigns, shall comply with all applicable federal,
state, and local laws and regulations relating' to the
performance of this AGREEMENT. The DISTRICT
undertakes no duty to ensure such compliance, but will ,"
attempt to advise the COUNTY, upon reques~ as to
any such laws of which it has present knowledge.
Page 5 of 10, Exlubit "B"
Contract File:\County,doc 06/06/06
8
'j ) Agenda Item No, 16C2
SOUTH FLOJ.UDA WATER MANAGEMENT DISTRI~F(8ry 24,2009
, ~age 14 of 46
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
8.2 The COUNTY hereby assures that no person
shall be discriminated against on the grounds ofrace,
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
i~ 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 lis~ a period longer than
36 months has passed since that person was placed on
the convicted vendor or discriminatory vendor list The
COUNTY fiuther understands and accepts that this
AGREEMENT shall be either void by the DISTRICT
or subject to immediste 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 COUNTY for any work or
materials furnished.
8.5 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.
8,6 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 COUNTY
warrants thst 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,
8.7 The COUNTY shall allow public access to all
project documents and materials in-accordance withthe~--~'--
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.
8,7.1 Pursuant to Sections 119,07(3)(0), and
240.241 Florida Statutes, data processing software
obtained by an agency under a license
AGREEMENT which prolnbits its disclosure and
which software is a trade secret, as defmed in
Sections 8t2,081(c), Florida Statutes is exempt from
the disclosure provisions of the Public Records law.
However, the parties hereto agree 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 Licensor's claimed
exemption under the Statute.
8,8 The COUNTY shall make reasonable efforts
to obtain any necessary federal, state, local, and other
governmental approvals, as well as all necessary
private authorizations and permits, prior to the
commencement of ' performance of this
AGREEMENT, A delay in obtaining permits shaIl
not give rise to a claim by, ihe COUNTY for
additionat compensation. If the COUNTY is unable
to obtain all necessary permits in a timely manner,
either party may elect to terminate this
Page 6 of 10, Exhibit "B"
Contract File:\County,doc 06/06/06
f)
,") ) Agenda Item No, 16C2
SOUTH FLOlUDA WATER MANAGEM.I!;NT DISTR:mtllry 24,2009
, EXmBIT "B" . .,,' Page 15 of 46
GENERAL TERMS AND CONDITIONS
"
AGREEMENT, each party to bear its own costs,
notwithstanding other provisions of this
AGREEMENT to the contrary,
8.9 Pursuant to Section 216.347, F.S" the
COUNTY is prohtbited from the expenditure of any
funds under this AGREEMENT to lobby the
Legislature, the judicial branch or another state agency,
-8~1() TIui DISTRICT is-.goveniirieiJ.w entity
responsible for perfonning a public service and
therefore bas 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, as the
DISTRICT'S COUNTY for this project, 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 sball bave the duty to
immediately notifY the DISTRICT. Upon Stich
uotification the DISTRICT, in its discretion, may
terminate this AGREEMENT,
ARTICLE 9 - RELATIONSHIP BETWEEN
THE PARTIES
9.1 The COUNTY sball be considered an
independent contractor and neither party shall be
considered an employee or agent of the other party,
Nothing in this AGREEMENT sba11 be inteJ:preted 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 perfonnance on this
AGREEMENT, Both parties 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 further 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 !bat the COUNTY's staff sball not be
eligrble for any benefit programs the DISTRICT offers
to its employees, All benefits available to the
COUNTY's staff sbal1 be exclusively provided by the
COUNTY or by the COUNTY's employee.
, - The COUNTY is' solely responsible for compliance
with all labor and tax laws pertaining to officers, agents
and COUNTY employees and sball 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 sba11
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 SlalIdards
Act, 29 U.S.C, 20t, et.seq., including payment of
overtime in accordance with the Act
9.2.5 Providing employee trammg 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 understmding of the Parties
that this AGREEMENT is solely for the benefit of the
COUNTY and the DISTRICT. No person or entity
other than the COUNTY or the DISTRICT sbal1 have
any rights or privileges under. this AGREEMENT in
any capacity - whatsoever, ' either as tbiId-party
beneficiaty or otherwise, -
9.4 The COUNTY shall not assign, delegate, or
otherwise transfer its rights and obligations as set forth
Page 7 oflO, Exhtbit "B"
Contract File:\County,doc 06/06/06
8
,I ') Agenda Item No, 16C2
SOUTH FLORIDA WATER MANAGEMENT DIST~1)'Y 24,2009
EXHIBIT "B" age 16 of 46
GENERAL TERMS AND CONDITIONS
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 any
AGREEMENT, deb~ obligation, judgemen~ lien, or
any form of indebtedness.
9.6 The DISTRICT assmIles 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,
ARTICLE 10 - MBE PARTICIPATION
10,1 The COUNTY hereby acknowledges that no
Minority Business Enterprises (MBE) participation
level has been established for this AGREEMENT'
however, both parties agree to provide the oth~
advance notice of competitive contracts that may
result from this AGREEMENT along with time lines
for public notice and award of such contracts, In the
event subsequent competitive contract awards do
result in MBE 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 proVlS1ons of this
AGREEMENT to the contrary, the parties shall not be
held ,liable for any fuilure or delay in the performance
of this AGREEMENT that arises from fires, floods,
strikes, embargoes, act<; of the public enemy, unusually
severe weather, outbreak of war, restraint of
Govemmen~ riots, civil connnotion, 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) Exlnbit "A" Special Provisions, if applicabte
(b) Exlnbit ''B'' General Tennsand Conditions -~
(c) Exlnbit"C" Statement of Work
(d) all other exlnbits, attac\unents 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 party 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 writing states otherwise,
11.4 Should any term or proVlSlOn of this
AGREEMENT be held, to any exten~ invalid or
unenforceable, as against any person., entity or
circumstance during the term hereot; by force of any
staUlte, law, or ruling of any forum of competent
jurisdiction, such invalidity shall 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 fue written approvat of the parties hereto,
11.6 This AGREEMENT states the entire under-
standing and AGREEMENT between the parties and
sup~sedes any and all v.rritten or oral representations,
statements, negotiations, or contracts previously
existing between the parties with respect to the subject
matter of this AGREEMENT. The COUNTY
Page 8 of 10, Exhibit "B"
Contract File:\County,doc 06/06/06
8
') , ) Agenda Item No, 1BC~(,
SOUTH FLORIDA WATER MANAGEMENT DIST1Hf[l!JY 24.2009
EXIllBIT "B" ~~'Page 17 Of~
GENERAL TERMS AND CONDITIONS
recognizes that any representations, statements or
negotiations made by DISTRICT staff do not suffice
to legally bind the DISTRICT in a contractual
relationship unless'1hey have been reduced to writing
and signed by an authorized DISTRICT
representative, This AGREEMENT shall inure to the
benefit of and shall be bindirig upon the parties, their
respective assigns, and successors in interest
,- ---ARTICLE12-=-SAFETYREQUIREMENTS
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
hannful 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 hy the
Occupational Safety and Health Administration
(OSHA), the Florida Department of Labor and
Employment Security and all other appropriate
federal, 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
AGREEMENT perfonnance,
12.5 The COUNTY shall initiate and maintain an
accident prevention program which shall 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
uniafe 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 1be
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 remova~ relocation
or replacement in the course of work.
12,8 The COUNTY shall provide first aid services
and medical care to its employees,
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 during the terms of the
AGREEMENT. For accidentaL discharges or
releases onto the floor, air, ground, surface waters,
grouiul. waters,itshall be the COUNTY's sole
responSibility to respond innriediatelY to clean the
site, at his expense, to the complete satisfaction of
federal, state, local regulatory agencies and to the
DISTRICT requirements.
Page 9 of 10, Exlnbit "B"
Contract File:\County.doc 06/06106
8
) ') Agenda Item No, 16C2
SOUTH FLORIDA WATER MANAGEMENT DIST'RI@!Jlry24, 2009
Page 18 of46
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
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 shall not
shift the responsibility or risk of loss for injuries or
damage sustained from' the COUNTY to the
m.. 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 10 of 10, Exhibit "B"
Contract File:\County.doc 06/06/06
8
) Agenda Item No, 16C2
February 24, 2009
SOUTH FLORIDA WATER MANAGE~ 181~~-mCT
Contractor Policy Code Ackngwledgement
Name (Please Print)
ContractlWork Order/Purchase Order (P.O,) #
,
Contractors, Vendors and Consultants (hereafter referred to collectively as "Contractor(s)") engaged to d()
business with the South Florida WatElr Management District (the "District") using District equipment and/or
working on District premises, property or facilities must comply with the rules and regulations of the District's'
Policy & Procedure Code,
----,,-.--_.~.,---------'~-----,._---- --- --~---'---'---"--"-'-"-
----'----'-----~
_'_--~--,-.,
As the Contractor's representative, without limitation thereto, I,
acknowledge that I have received and reviewed the following:
(Contractor)
0/ Whistle-Blowers Policy, Chapter 101, Article V, Sec, 101-101 through 101-113:.
0/ Equal Employment Opportunity and Harassment Policy, Chapter 120, Article I. Sec, 120-3.
0/ Standards of Conduct Policy, Chapter 120, Article III. Sec, 120-62,
0/ Corrective Action Policy, Chapter 120, Article III, Sec, 120-63.
0/ Drug-Free Workplace Policy, Chapter 120, Article III. Sec, 120-73,
0/ Chapter 130, Information Technology: Acceptable Use of Information Technology and
Telecommunications Policy; Electronic Mail Policy; and, Intellectual Property and Works-Made-For-Hire
Policy
0/ Information Technology Security Procedures, Chapter 230, Article II, Sec, 230-21 through 230-27,
In the course of conducting business with the District, I understand that Contractors must be aware of and
comply with the State of Florida Public Records Law (Chapter 119, Florida Statutes), the Govemment-in-the-
Sunshine Law (Chapter 286.011, Florida Statutes) and the Code of Ethics (Chapter 112, Florida Statutes).
I am aware that Contractors are prohibited from soliciting or lobbying for additional work while engaged to do
business with the District. ' I acknowledge that this behavior interferes with the efficient performance of my
responsibilities under the terms of my contractual obligations with the District, and that it may provide me or my
company with a competitive advantage, Both my employer and I understand that lobbying for additional work
while under contract with the District may eliminate me and/or my company from award of fufrire solicitations.
I recognize and understand that District IT resources, including but not limited to computers, telephones, ___
radios, mobile phones and other communication systems and devices, are the property of the District, and
. . . , ,
should be used for the purposes of conducting bona fide District business only,
I recognize and understand that no remote access technology or device is to be attached to District IT
resources or the information. technology systems infrastructure to effect access without the express
authorization of the IT Department Director or Information Technology Senior Advisor or their duly authorized
delegates, Non-District equipmenf or othefresources used by me to connect to District IT resources, systems
or services will be subject to the same laws, rules and regulations as District-owned IT resources.
Form 1148 (12/2005)
Original - Contract File
Copy - Contractor
Page10f2
ED
Agenda Item No, 16C2
February 24,2009
SOUTH FLORIDA WATER MANAGEM'E'M6lS'fRi~T
Contractor Policy Code Acknowledgement
I am aware that District IT resources are the property of the District, and as a result, I have no right to privacy
or expectation of privacy when using and/or connecting to District IT resources. I am aware that the District
may audit, access, and review all data and/or communications transmitted through or residing on District IT
resources or any equipment or resources' attached thereto, including e-mail and voicernail messages, at any
time, I am aware that use of passwords or encryption does not restrict the District's right to access or disclose
such communications, and that the District shall disclose the information to third parties as required by law.
When authorized to do so I accept all risks and responsibilities associated with using and/or connecting non-
District resource~ or equipment to District IT resources, In regard to such non-District resources or
equipment, I agre-e t6-thefolloWing: ,., ,
-/' In the event of a security breach, I authorize the District to take immediate action to reduce the District's
exposure.
-/' I further authorize the District to perform inspections as deemed necessary to ensure the safety and
security of District data and/or IT resources, and to ensure that any software or other similar intellectual
property 'is duly licensed for use.
-/' I understand the District will require virus-detection software in accordance with its own specifications,
and I agree to Comply. .
-/' I indemnify and hold the District harmless from theft or damage incurred while on District properties or
premises,
Information or work products or related derivative works developed by me specifica'lIy for the District, whether
or not reduced to writing by me, constitute works made for hire to the extent permissible by law and will
become the sole property of the District, including all intellectual property rights thereto. I acknowledge that the
District claims sole ownership and rights to all such materials.
I am aware that the District's Policies and Procedures Code and any other District practices are subject to
change or modification by the District, solely at its discretion, as deemed appropriate and necessary, I
understand that no supervisor or other official of the District has the authority to enter into any agreement with
Contractors, or to make any agreement contrary to the foregoing,
I acknowledge that I have read and understand the above, and I agree to accept the terms and conditions as a
stipulation of my services or contractual obligations to the District. This Acknowledgement shall be considered
an integral part of ContractIWork Order/P.O, # Any violation of this
Acknowledgement shall be considered a breach of the foregoing ContractIWork Order/P.O. as well as a
violation of District policies, I am aware that if I violate these mandates, penalties may include disciplinary
action up to and including immediate termination of my services and/or ContractlWork Order/P.O, with the
District, and the District may pursue whatever other legal remedies are available to it pursuant to the terms of
the ContractlWork Order/Purchase Order.
Contractor Name (Print)
Signature
Date
Authotized Representative Name (Print)
Form 1148 (12/2005)
Original - Contract File
Copy - Contractor
Page20f2
')
Agenda Item No, 16C2
February 24, 2009
Page 21 of 46
EXHIBIT "C' , .
STATEMENT OF WORK
COLLECTION AND ANALYSES OF SURFACE W A1ER QUALITY
SAMPLES IN COlLIER COUNTY
1. INTRODUCTION AND BACKGROUND
The natural flow of freshwater is crucial to the survival of the Big Cypress watershed and
Everglades National Park as well as to preserving the integrity of the entire southwest Florida
ecos)"-itt:m, The,southwest coast ofElorida,_has_t:xJl~rien<:e<iraIJil!~~Lc.~!tLl!al 3l!,d urban- "
suburban development. A major concern of this rapid growth is its effect on water quality, The
Ecosystem Restoration Working group for this area (Sub region 5) lists restoration of more
natural distribution, timing and quantities of fresh water, into coastal areas as one of its seven
major restoration objectives, Long-t=, systematic monitoring is a powerful tool used to
identify problem areas and provide a clear understanding of baseline conditions, The monitoring
initiatives detailed in this agreement continues the District's commitment to a unified sampling
program developed in 1998 to provide data to addre~s southwest Florida's water quality issues,
This Cooperative Agreement between the South Florida Water Management District (District)
and Collier County Pollution Control (County) details the collection and analysis of sixty one
(61) surface water quality monitoring locations within Collier County. This monitoring program
provides data to accomplish the following: development of water management strategies for the
Big Cypress Basin watershed and adjacent coastal waters of Collier County, investigate effects of
stormwater runoff from the city of Irnmokalee on the Lake Trafford Environmental restoration
proj ect and permit compliance for the Picayune Strand hydrologic restoration project.
II, OBJECTIVE
The primary objectives of this Cooperative Agreement are to I) continue to obtain data of
acceptable quality to evaluate the water resources within the Big Cypress Basin and the coastal
waters of Collier County; 2) partner with a local government to perform water quality monitoring
and laboratory analysis; 3) reduce District monitoring and laboratory work loads and; 4) allow for
the redirection of staff to additiona1legislatively mandated projects,
ill, SCOPE OF WORK
The County shall collect and analyze surface water samples for three (3) water quality monitoring
projects. The first project, Collier County Water Quality Project, coded CCWQ consists offorty-
four (44) stations within the Big Cypress Basin's inland and estuarine systems and five (5) ,
, stations within the Fakahatchee Strand and the Corkscrew Swamp areas. The second project,
'Immokalee Stormwater coded IMKS, consists of five (5) stormwater outfall stations within the
City of Irnmokalee, which will provide data to support the development of a watershed
management plan to protect Lake Trafford as well as provide a baseline for the quantification of
specific parameters identified in the Immokalee Stormwater Master Plan, The third project,
.
Page tof 24, Exhibit" C" to Agreement No. ML070554
Agenda Item No. 16G2
February 24, 2009
Page 22 of 46
Southern Golden Gate Estates, coded SGGE, consists of seven (7) stations in the Picayune Strand."
CERP project. These stations are sampled for permit compliance and are sampled during the wet.
season,
)
)
The station names, descriptions, and Global Positioning System (GPS) coordinates for the three
projects are listed in Table 1. The locations of all stations are depicted in Figures I and 2. The
required water quality parameters along with sampling frequency for each project and parameter
are listed in Table 2, Table 3 provides details of the In Situ field measurements to be collected for
all stations in these three projects,
Page 20f 24, Exhibit" C" to Agreement No, ML070554
')
l
Agenda Item No, 16C2
February 24, 2009
Page 23 of 46
~-
'.'. ,. '_........1IB'1L
.==-~--- .~
_ ._ .~t~~~~~....
.. -_......_,.;..-~--
COLLIER C:OUNT'I'
WATER quAUTY 'sTAnONS
EB.~
h~l~.."".' ..,,~.... ""'l"fI.'-':"'~'
Figure 1, Location of CCWQ 'and IMKS monitoring sites
Page 30f 24, Exhibit" C" to Agreement No. ML070554
"
Agenda Item No, 16C2
February 24, 2009
Page 24 of 46
Southern Golden Gate Estates
Prairie Canal Surface Water Sites
2,5
.."
s
. SURFACE WA1ER SITE
- CANALS
- ROADS
o
~Mires
Figure 2, Location of SGGE monitoring sites
Page 40f 24, Exhibit" C" to Agreement No. NlL070554
'\
Agenda Item No, 16C2
February 24. 2009
Page 25 of 46
Table 1. Site names and GPS coordinates for projects CCWQ, IMKS and SGGE
CCWQ BARRNN Off dock at sheriff's substation on comer 255435,2 812148.5
US41 & CR29
CCW BC1 . Channel marker 38 in Naples Bay 260802,8 814825,7
CCW BC2 Just inside the mouth of Rock Creek 260827,4 814706.5
CCWQ BC3 Gordon River ex!. at mouth of canal 260947.8 814711.5
leadin to main P,O.
CCWQ BC4 Downstream of weir in Golden Gate Canal 261004.0 814632,7
across from Bear's Paw Conn Club
,C-GWQ .., ----BG5--- - Bridge at intersect of Haldeman Creek and- 2607313--- --8146133- -----------------
Ba sbore Dr.
CCWQ BC6 Downstream of weir in Henderson Creek 260324.0 814123.5
south ofUS41E
BC7 FakaUnion Canal at west bend of"T" 255933,9 813118,5
BC8 Merritt Canal at east bend of "T' 255935.9 812925,4
BC9 Miller Canal at intersect ofl-75 260911.4 813318,9
BCI0 FakaUniou Canal at intersect ofl-75 260611.3 810308.4
AKAUC75
BCll - MerritCanalatintersectofl-75 260912.6 8129263
~f'\.e.. BC12 Prairie Canal at end of 82 Ave S,E, 260031.8 812729.2
BCl3 Downstream of weir in Immokalee Rd 261623.1 814647,6
canal west of Palm River Blvd
BC14 Innnokalee Rd Canal at intersection of 261621.6 814642,0
Palm River Blvd
CCWQ BC15 Airport Rd Canal at entrance to Sam's 261615.9 814609,9
Club
CCW BC16 Bridge #84 ou US4 t E ' 250519.6 811542,2
CCW BC17 Bridge #86 on US41E 255235,0 811304.1
CCW BC18 Bridge #73 on US4lE 255507,2 812327,5
CCW BC19 Bridge #69 on US4IE 255537,1 812503.5
CCW BC20 Bridge #52 on US4IE 255739,7 813059,9
CCW BC21 Bridge #55 on US41E (TAMBR55) 255737,7 813000,8
CCWQ BC22 Guagiug station north of intersection US41 260325.6 814102,2
and Henderson Creek HENDCRK
CCWQ BC23 Bridge at intersection of main Golden Gate 261013.2 814112.3
Canal & CR951 GGC 51 .
CCWQ BC24 Bridge #302 t I on SR29; 3 miles north of 261212,7 812047.3
1-75
CCWQ BC25 Bridge east of Oil Well Grade Rd on 2617383 812845,9
CR858 in C Keais Strand
CCWQ BC26 Intersection of 951 Canal and Immokalee 261620,7, 814121.7
Road Canal
CCWQ CHKMATE Middle of Checkmate Pond Fakahatchee 260837,0 812321.4
Strand
CCW COCAT41 Cocohatchee River @US41 261605,7 814806,8
Page 50f 24, Exhibit" C" to Agreement No. ML070554
\ Agenda Item No, 16C2
February 24,2009
Page 26 of 46
- CCWQ COC@ffiIS Bridge at intersection of Coconut Palm 261655:1 814612.4
River and Ibis Wav
CCWQ COC@LAKE Bridge at intersection of Lake I and Ave, 261622.7 814535.6
and Cocohatchee River Canal
CCWQ COCPALM Bridge at intersection of Palm River Dr & 260140.0 814641.0
Coconut Palm River
CCWQ CORK@846 Bridge at intersect of Corkscrew Canal & 261640,7 813603.7
CR846 .
CCWQ CORKN Bridge just south of County line and USGS 262945.5 812713.9
:.- gauging station on tram road to Little
Corkscrew Island in Corkscrew Swamp
SanctuarY
CCWQ CORKS Southern most bridge on TramRd in 262956.2 ' 813115.5
-, IH"' , - , sanctuary" , , ' - -
CCWQ CORKSCRD Bridge @ intersect of Corkscrew Rd & 264412.3 812219.0
canal NE of Corkscrew Marsh trailhead
[\ CCWQ CORKSW Canal along tram road at southwest corner 263016,6 813339,7
of Corkscrew S~r.mm Sanctuary
CCWQ ECOCORIV East ofWCOCORIV site at amil gate 261620.3 814702.3
CCWQ FAKA Gauging station N of weir @ intersect of 255737,8 813034.2
US4llFakaUnio'n Canal
CCWQ FAKA858 S side of bridge @ FakaUnion Canal and 261734.4 813146.7
, . CR85S '
CCWQ F AKAUPOI FakaUnion Canal @ entrance to Port of the 255721.4 813037,8
Islands marina
CCWQ GATOR N side of bridge 105 on US41E 255035.1 805503,7
CCWQ GGC@858 Bridge @ intersect of Golden Gate Canal 261735.9 813342.3
and CR858
CCWQ GGCAT31 Bridge @ intersect of Airport Rd 261004.3 814602,3
and Golden Gate Canal
CCWQ HALDCRK Upstream of amil gate @ intersect 260044.5 814545,5
ofUS41 & Haldeman creek
CCWQ LELY Bridge@intersectofUS41 & Lely 262119.3 814442.3
Main Canal
CCWQ MONROE Bridge 30096 @ intersect ofUS41 255148,9 810604,2
& LOOD Rd
CCWQ OKALA858 Okaloacoochee Slough crossing on 261817.4 811731.4
CR858
CCWQ T AMBR90 Bridge 30090 on US41E 255220.0 810107.5
'\ IMKS lMKFSHCK On Lake Trafford Rd, just west of 262559.9 812745.3
i' elementary school at sidewalk
\ bridge
i' IMKS IMK6STS Second culvert S of Main St on 6th 262503,9 812519.70
\ St. S in Immokalee
IMKS IMKMAD Gopher Ridge Rd. entrance to Gopher 262548.9 812440.81
, Ridge Grove at the end of
I' ",' Alachua Rd, Canallbridge is
located just before vehicle
spray/wash area at grove entrance.
Page 60f 24, Exhibit" C" to Agreement No, ML070554
)
Agenda Item No. 16C2
February 24: 2009
Page 27 of 46
IMKS IMKBRN First bridge over canal on US29 S 262432.57 812352,24
of convergence ofNW and N
&am~ecum~onSE~dof ,.....,.
l;nmokaIee
IMKS IMKSLGH On Sanitation Rd. leading to Eustis 262423,60 812545.33
Landfill on east side of road
approx. ba1f way between
. ~trance gate at ImmokaIee Water
& Sewer District Office and
Eustis Landfill gate.
SGGE SGGE5SW Surface water site at Prairie Cuml and 260835.4 812810,5
, ,. Transect 1
SGGE SGGElOSW Surface water site at Prairie Canal and 260635.3 812834.4
Transect 2
-
SGGE SGGEllSW Surface water site at Prairie Canal and 260535.1 812738,8
Transect 2
SGGE SGGE16SW Surface water site at Prairie Canal and 260318,2 812818.5
Transect 3
SGGE SGGE17SW Surface water site at Prairie Canal and 260251.3 812628.8
Transect 3
SGGE SGGE22SW Surface water site at Prairie Canal and 260138.1 812841.~
Transect 3
SGGE SGGE23SW Surface water site at Prairie Canal and 260225.5 812747,7
Transect 4 ,
Page 70f24, Exhibit" C" to Agreement No, ML070554
)
Agenda Item No, 16C2
February 24, 2009
Page 28 of 46
P
fr
f
CCWQ IMKS d SGGE
Table 2, arameters and e nenc 0 collection for ro ects , an
Ammonia EPA 350,1 O.oI riiill ' Monthly Monthly Flow
BOD SM5210 B 2 m l!!L Monthly Monthly Flow
Color EPA 110.2 5 DCU . Monthly Monthly N/A
Hardness SM2340 B 1.0 m~ Quarterly Monthly Flow
Nitrate (N03) (NOx-NOz) 0.01 ml!!L Monthly N/A Flow
Nitrite !N02) SM4500 N02 B 0,002 ml!!L Monthly N/A Flow
- ~ Sodium*** SM3111B 1.7 m~ Ouarterly N/A N/A
..., - - NOX..---- EPA3~32 - -O,()l-mgfL - -~Monthly ,- ---Monthly ,-- - - --N1A----
OP04 SM 4500 PE 0,004 ml!!L Monthly Monthly Flow
- - TDS SM 2540C - 2,0 ml!!L Monthly N/A Flow
TKN SM 4500 0,04 mgIL Monthly Monthly Flow
NorgD
TOC EPA 415.1 0.32 mdL Monthly N/A N/A
TP SM 4500 PE 0.004 ml!!L Monthly Monthly Flow
TSS SM 2540 D 2,0 ml!!L Monthly Monthly Flow
Turbidity SM 2130 B 0.10 NTU Monthly N/A N/A
Chlorophyll-a SM 10200 H 3.0 mg/m3 Monthly N/A Flow
Phaeophytin SM 10200 H 3,0 mg/m3 Monthly N/A Flow
Fecal Coliform SM 9222D 1 cfu/lOOml Monthly N/A N/A
- I--- Total Coliform SM 9222B I cfu/10Oml Monthly N/A N/A
Alkalinity SM 2320B 1.0 mg/L Ouarterly N/A Flow
Calcium SM 3111 B 0.05 ml!!L Ouarterly Monthly Flow
Chloride SM 4500 CI-E I,Om~ -OuarterlY N/A N/A
-'"' Fluoride SM 4500 F-C 0.05 mg/L Ouarterly N/A N/A
Magnesium SM3111B 0.007 ml!/L Ouarterly Monthly Flow
Manganese EPA 200.8 0.39 ug/L N/A N/A Flow
(Mn)
Dissolved Silica SM 4500Si-C 1.0 mg/L Quarterly Monthly Flow
Sulfate EP A 375.4 1,0 mg/L Ouarterly Monthly Flow
Arsenic EPA200,8 (As) 1.0ug/L Ouarterly Monthly N/A
Cadmium EPA 200,8 (Cd) 0,1 u!!/L Ouarterly N/A N/A
Chromium EP A 200,8 (Cr) 2,0 ul!!L Ouarterly Monthly . N/A
Copper EP A 200.8.(C:l!,) I. 0 ug.li Ouarter1y Monthly N/A
Iron SM 3111 B 120 ug/L Quarterly N/A Flow
, Lead EPA200,8 (Pb) 1.0ug/L Quarterly Monthly N/A
Zinc EPA200.8 (Zn) 20 u<r/L Quarterly Monthly N/A
*Laboratory must obtain this MDL or a lower value
**Frequency is six sample everlts during the wet season from May through October when there are optimum - -
conditions for flow (no stagnant or ponded water samples).
***This parameter will only be collected at the GATOR site under project CCWQ
Page 80f 24, Exhibit" C" to Agreement No, ML070554
'I
)
Agenda Item No, 16C2
February 24.2009
, Page 29 of 46
Table 3. In Situ parameters, analytical methods, reporting units and accuracy limits
H
Dissolved
Oxen 0
Specific
Conductivi
,TemperamnL
Salinity
D th
SM 4500-H+ B
FDEP SOP FTl500
SM 4500-0 G
FDEP SOP FTl200
SM 2510 A
.FDEF.SOP FTl4QQ
SM 2550 B
FDEP SOP FTl300
SM 2520 B
+/- 0,2 H units
+/- 0.3 mgIL of saturation chart
attem
+/- 5% of the true value of the
KCl standard
_~~+LQ,2"o~C
~mhos/cm
oc
ppt
NA
meters
0.01 meter
IV, WORK BREAKDOWN STRUCTURE
Task 1: General Quality Assurance/Quality Control (QAlQC) Requirements
All sampling and analytical protocols shall follow the Florida Department of Environmental
Protection (FDEP) Quality Assurance Rule 62-160 Florida Administrative Code (FAC,), The
County shall follow the FDEP standard operating procedures (SOP's) for sample collection, Any
variance shall be approved by FDEP and must be pre-approved in writing by the District Project
Manager prior to implementation,
The County shall submit a Field Quality Manual (FQM) for District approval within 1 month of
contract execution and shall be responsible for following the requirements under F.A.C, 62-160
(FDEP Quality Assurance Rule). It is required that the FQM shall be kept current with FDEP
SOP updates as they occur and the updated FQM shall be submitted to the District for an annual
review if there are any changes,
This FQM shall summarize the quality system that will be implemented in sample collection,
Through this FQM, the County shall explicitly commit to incorporating procedures that will
reduce systematic errors within specified tolerable limits, In addition, the County shall document
Quality Control (QC) procedures and evaluate the qualityofthe data being produced,
All field activities including on-site tests and sample collection shall follow all applicable
procedures described in FDEP-SOP-OOIlOl (February 1, 2004), Alternate field procedures may
be used only after they have been approved according to the requirements of Rules 62-160.220,
and 62-160.330, F,A.C and approved by the District Project Manager, '
The County's laboratory shall be National Environmental Laboratory Accreditation Program
(NELAP) accredited (primary or secondary) with the Florida Department of Health (FDOH)
Page 90f 24, Exhibit" C" to Agreement Nd. ML070554
) Agenda Item No, 16C2
February 24, 2009
Page 30 of 46
under Chapter ME-I, F,A.C., where such certification is required by Rule 62-160.300, FAC.
The laboratory shall be certified for all specific methodJanalyte combinations that are analyzed
for all. three projects (CCWQ, IMKS, SGGE), Alt=ate laboratory methods may be used only
after they have been approved according to the requirements of Rules 62-160.220, and 62-
160.330, F,A,C and approved by the District Project Manager, An updated NELAP approved
Laboratory Quality Manual (LQM) and NELAP certificates shall be submitted to the District
within one month of contract flxecution. Any changes or updates to the Quality Manual must be
provided to the District within 1 month of the effective date of the update, The County's
laboratory shall notify the District Project Manager immediately if it or its subcontractor loses
certification for any parameter(s) analyzed for this contract and work may only be continued at
the discretion of the District Project Manager.
-Distrlct-Q"Astaff may assess. the-CoUnty's perfoilnance as desired, Fcirfixample-;-Districtslaff~-
may conduct laboratory and field sampling audits, submit blind and split samples for analysis,
and review analytical and field sampling methods, In addition, the County's laboratory shall
participate in Round Robin and laboratory pcrformance evaluation and split sampling exercises at
the District's request, The District may require copies of laboratory bench notes during audits and/or
when necessary to evaluate data.
.
When requested,1he laboratory shall provide the District wi1h results of all performance evaluation
and Round Robin studies in which it participates, as well as audit reports, The District may also
ask for MOL studies and QC charts during the duration of 1he agreement. The laboratory shall not
change analytical methodologies wi1hout prior written approval from the District. If 1he
- laboratory's proposed me1hod is not listed in 1he approved LQM, they shall provide an FDEP-
approved Me1hod Validation package for each method,
The minimum quality control requirements for all tests are those that are specified in the
County's LQM unless specified as o1herwise by the District. The qualification of data will be
based on 1he limits set in 1he County's LQM and 1hose criteria specified in 1he following:
o Data that are between the MOL and the Practical Quantitative Limit (PQL = 5 x MOL)
should be qualified by the County with an (1),
o Verify that the me1hod blank recoveries are <MOL., If not, qualify data results with
concentrations falling between the PQL and MOL wi1h a (J),
o Verify 1hat field quality control samples (i.e. EB, FCEB, etc,) are <MOL. Blanks that do
not pass this criterion are confirmed through rework; data for 1he blank and associated
samples that rnay be affected are flagged. Values are generally considered affected if 1hey
are less than (<) 5x's the blank value,
o Calibration of instruments must be bracketed around expected sample concentrations,
The lowest calibration standard must be no more than 2 x MOL. The highest calibration
standard must not be at a level that would either be so high as to decrease sensitivity in
1he analysis or too low 1hat it would necessitate dilution of a large number of samples,
o All documentation must be neat, complete and organized sO as to allow reconstruction of
both collection and analysis in the event oflegal proceedings,
The County shall provide all data associated with the analyses to the District. The District may
Page 100f24, Exhibit" C" to Agreement No,ML070554
Agenda Item No, 16C2
February 24, 2009
Page 31 of 46
refuse payment for data that do not meet the County's or DistrictJFDEP quality assurance/quality
control criteria.
'\
"
)
Task 2: Data Transfer
Data Formatfor Deliverables
.
The data shall be submitted to the District in a specific digital format. The County shall evaluate
the data in accordance with the data quality objectives stated in the FQM, All data submittals
shall conform to existing District guidelines or other format as requested by the District. It is
strongly recommended that the County maintain an on-site electronic database' of all data collected
throughout the life of the project. For all sample matrices, the data shall be submitted in electronic
'formats onCD, Laboratories working under direct l:ontract for the D1'str:ictsha1I-berequested'to---~-----
implement Automatic Data Processing Tool (ADaPT), which will be provided by the District.
Laboratory Receipt and Result Electronic Data Deliverables (EDD) shall be required to be
ADaPT submittals, ADaPT is:
A Microsoft ACCESS based electronic data deliverable (EDD) review and validation tool
program adopted by both FDEP and the District. This tool aids in processing analytical
data, validating format and completeness, checking the data quality and compliance with
the method and data quality objectives for all analytical data submitted to the District.
The District requires laboratories to utilize the ADaPT software to perform its own automated
data review soon after analysis is complete, The laboratory version reads the EDD, checks it
against the EDD specifications and against an electronic Quality Assurance Project Plan library
for errors. If any error is found it allows and facilitates its correction, After all errors are
corrected, it allows for the EDD to be exported as a ,txt or ,csv file to be delivered to the District
QAlProject Manager,
Copies of the validation tools software (ADaPT) will be provided to the County upon request.
Data for analysis conducted by the County will be provided to the District as EDDs with the
quarterly reports following the format guidelines in Table 5, When District staff detects
problems with sample results, the District will notifY the County in writing, The County shall
identifY probable cause(s) of the problem(s) and submit a written response to the District within
two (2) weeks. The District reserves the right to request changes in data format during the
duration of the contract.
~'
Laboratory Receipt Deliverable
Upon receipt of samples at the laboratory, the County shall generate a laboratory receipt file for
delivery to the District's QA unit. This file will be forwarded to the District monthly, The
laboratory receipt file format wil!. ~e verified through ADaPT, The Comity shall forward the£verified version of the receipt file generated by tl).e ADaPT software to a pre-determined list of
District staff which will include the District's Project Manager, The file naming convention
should be "A" + Contractor FDOH ID + Date (YYYYMMDD) generated + sequence, e,g. A-
E12121-20011201-1. The District will provide the County with a list ofrecipients for this email
Page Hof 24, ExhibIt" C" to Agreement No, ML070554
\
I Agenda Item NCL16C2
February 24,2009
Page ,32 of 46
notification,
Laboratory Results Deliverable
The County shall perform analysis and provide results in the format outlined in Table 5, The
EDD file shall be verified by the County for format and project requirements using ADaPT, The
County $hall correct errors or inconsistencies found by Adapt during data review prior to
submission to the District. Any unresolved issues are documented through the ADaPT tool. The
EDD shall include data for samples submitted to the County as well as laboratory quality control
samples for method blanks, laboratory control samples, matrix spikes, matrix spike duplicates or
duplicate samples. EDD's shall be submitted with the quarterly report and are due within 60
days after the end of the quarter. '
Field Data Deliverables
All field in-situ measurements should be submitted to the District with the quarterly reports in a
separate EDD,
All data submittals must conform to the following guidclines or other format as desired by'the
District as shown in Table 4 and include the following:
1) Field data deliverables must be submitted to the District Project Manager on a
CD, using a consistent file naming convention, i,e.. XXX-20011201-I.CSV
(laboratory name + date (YYYYMMDD)+ sequence number),
2) All data files shall be submitted in ASCII comma delimited format.
3) Character fields that may contain commas shall be enclosed by quotation marks,
4) The Contractor shall report all required fields in the data file, in the order in which
they appear as described in the table below. Files will not be accepted with
missing information,
5) All field positions are required, If there is no value for a field, a comma shall still
be placed in the file to represent that position. For example: Field 1, Field 2,
Field 4, Field 3 has no value but the position is still represented by having two
commas,
6) Contractor shall not report any data for missing results (0, -99, or blank).
Files should be in ASCII type in a comma delimited format. The fields and the
required order are described, below,
Page 120f 24, Exhibit" C" (0 Agreement No, ML070554
~
Table 4, Format for Field Data Deliverable
)
Agenda Item No. 16C2
February 24,2009
Page 33 of 46
Lab S) Number '"
Field Number ..
Proj ect code ..
Sam ling Date ..
Sampling Time ..
Station Code ..
Sample Type
Parameter Name ..
Storet Code
Method Name
Analysis Date ..
Analysis Time ..
Practical Quantitative Limit
Method Detection Limit ..
Result ..
Units '"
Batch
Remark Code
Comments
5 digits, If code is <5 digits, then
leadin zeros must be used
. 1 to 20 characters (EP A or EP A
acc ted SOP #
8 digits YYYYMMDD
4 digits HHMM 'Iitary)
9 digits total, 4 decimals (F9.4)
9 digits total, 4 decimals (F9.4)
9 digits total, 4 decimals, For result
values that are below detection limits, 0 05
the result value shall equal negative '
MDL and the remark code shall be U.
1 to 8 characters mgIL
1 ~o 13 characters used toYnk sample 10 or WGlOO
WIth laborato C submitted
1 to 3 Characters ( as specified in
District flagging criteria
documentation
1 to 240 characters (no commas in Large amount of
between comments) Laboratory QC suspended solids
samples shall use this field to indicate in the sample,
the ori' sam Ie s ike or du licate.
1 to 13 characters
1 to 13 characters
1 to 8 characters
8 digits"YYYYMMDD
4 digits HHMM (Military)
1 to 10 characters
1 to 10 characters (Laboratory QC
sam les would be identi here
, lt04iiliifacfers - u '-- '
1 to 4 characters
1 to 4 characters
1 to 4 di 'ts
1 to 30 characters
Page 13of24, Exhibit" C" to Agreement No, ML070554
L2555-20
P 1233-3
MBLS
20000119
1305
MBLSI8
SAMP, EB, FB
MON ,-EXP ---
G, ACF, ACT
SW, GW, BPI
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Agenda Item No, 16C2
February 24, 2009
Page 34 of 46
Project Library
An electronic project library shall be generated by the County to document project specific
requirements, The library is created using ADaPT, The District Proj ect Manager or assigned staff
will review, approve and maintain the electronic project library prior to use, This library will be
used by the County and District staff during EDD error check and data validation process. Any
changes in laboratory protocols that affect the project library need to be communicated to the
District and once approved incorporated in the project library.
Task 3: Surface Water Sample Collection, Analyses and Data Deliverables for Projects CCWQ and
IMKS
The C6Urity shiillcollect sUrface water samples from 49 CCWQarfd5 IMKS statiOftsldentifiea
in Table 1 for the parameters, sampling frequencies, analytical methods and method detection
limits (mdl's) as listed in Table 2, Sampling and analysis for projects CCWQ and IMKS shall be
performed as described in the County's FQM and LQM and as described in Task 1. Data
deliverables shall be provided to the District in accordance with the requirements of Task 2, Data
Transfer.
All samples shall be collected in accordance with the County's FQM which requires collection at
O.3m below the surface when the total water depth is 1,5 meters or greater and bottom readings
when total depth is also 1.5 meters or greater. Surface and bottom measurements of pH, DO, ,
salinity, specific conductivity and temperature will be measured at all CCWQ and IMKS stations '
whenever the depth of water exceeds 1.5 meters, to determine if there is stratification. If the
depth of water is less than 1.5 meters, only surface measurements are collected, Stage recordings
(staff gauge readings) shall be noted for sites where this instrumentation is available,
Task 4: SGGE Surface Water Sample Collection
The seven (7) SGGE sites identified in Table 1 shall be visited during the wet season generally
from May to October. Sampling is not to exceed six (6) events per year and SGGE sites are to be
sampled only when there is sheet flow occurring across a sampling location as outlined in the
Picayune Strand's Water Quality Monitoring Work Plan. A sample trip will be scheduled only
after observations confirming flow conditions are made at SGGE sites during a CCWQ/IMKS
water quality monitoring event. Flow observations combined with rainfall events must provide
reasonable assurance that adequate water levels will exist within the SGGE project area to justify
a sampling event., This information shall be communicated with the District Project Manager for
concurrence prior to scheduling a sampling event.
The County will follow the methodology for determining flow as described in section 5,1,1 of the
Water Quality Monitoring Work Plan for Picayune Strand. The methodology is as follows:
"Flow will be determined by disturbing the sediment or .particulates away from
(downstream and downwiud) the designated sample site, Using a white or light -colored,
opaque piece of plastic (such as the underside of a secchi disk) placed at least six inches
below surface in the disturbed area, flow will be determined visually by any evidence of
Page 140f24. Exhibit" C" to AgreementNo,ML070554
)
)
Agenda Item No, 16C2
February 24, 2009
Page 35 of 46
sub~surface movement of particles across the white background",
SGGE surface water samples are collected at mid-depth as specified in the Water Quality
Monitoring Work Plan for Picayune Strand and referenced by the QASR and (FDEP) marsh
sampling protocol. Sample collection and analysis shall adhere to General Quality
Assurance/Quality Control (QA/Qc) requirements and data format and deliverable requirements
listed in Task I and 2, . Samples shall not be collected if the water column is less than 10 em deep
and shall be noted in the field notes,
Task 5: SGGE Surface Water Sample Analysis and Data Deliverables
All S_QGE samples collected under Task 4 shall be analyzed by the County for the parameters
listed in Table 2 and adheri:iig to--fuereqiiITeriiciitsofTasK 1 fcir-raociratory analysiiC Data-'-~--
deliverables shall be provided to the District in accordance with the requirements ofTask 2, Data
Transfer,
The total number of samples to be analyzed for project SGGE during the six sample events shall
not exceed 50 samples including the required quality control samples (6 events * 7 sites = 42
samples plus 8 QC samples, i.e, EB, FCEB, RS's). Parameters to be collected are listed in Table
N(J)CD
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Task 6: Reporting
Agenda Item No. 16C2
February 24, 2009
Page 44 of 46
Quarterly reports for data collected for projects CCWQ and IMKS shari be submitted within 60
days of the end of the reporting period (i.e. data for the period Jan._ - March shall be submitted by
May 31). The quarterly report shall also include proj ect SGGE if it was sampled during the
quarterly period. Quarterly reports shall include the following:
1) Identify activities undertaken during the reporting period
2) State any problems encountered (including missed samples)
3) All analytical results and a statement to attest to the validity of the data
4) Include all quality assurance statistics and reports (i.e, the results of field blanks,
equipment blanks and precision as percent relative standard deviation).
5) Laboratory summary report (scanned in PDF format) which include:
.___~_J"eport of.analYBes_for each .analJteor parameter-per.sample;~-- _____
QC Report -- % RPD/RSD, % MSD/MSDs/DUPs, % Recovery;
rcvs, CCVs, LCS, ICB, CCBs, MBs;
Calibration report (graph/data) - showing r values
run logs
COC and field sheets
The report shall, at a minimum, include/discuss the following:
1. Project Background (Introduction)
· Purpose of monitoring project
. Period covered by report
II. Methods
)i> Field Sampling
· List parameters (i.e. temperature, salinity, pH,
DO, etc.) and procedures used to collect insitu field data at each site
including instrument make/model
· Describe how water samples collected (i.e. Van Dorn,Niskin, Alpha
bottles including type and capacity)
)i> Laboratory Analysis
· Provide analytical method, instrument type/model used and method
detection limit (MDL) for each parameter (if MDL changed during
year, list MDL value and date of change)
. Summarize QA/QC information for monitoring period
)i> Problems Encountered
· In Table format, detail monitoring problems encountered during the
reporting period (i.e. equipment failure, scheduling problems. etc).
Page 230f 24, Exhibit" C" to Agreement No. ML070554
I.~; ,1
, ) Agenda Item No. 16C2
February 24,2009
· Include how these problems were resolved and what steps takenft\;\ge 45 of 46
ensure they won't be repeated. Discuss delays due to hurricanes,
tropical storms, or other unforeseen events.
· Discuss any effects of climatological and hydrologic events
(hurricanes, tropical storms, drought, etc.)on sampling during the
· reporting period
III. Results and Discussions
v, COUNTY IN-KIND SERVICES CONTRIBUTION
The County ~haIl contribute in-kind services which include field sampling services (equipment
. "n<Lpersonnel),jn~house-1aboratory-analysis,--project-managementand-quarterly data~llllllIHlry _____~_c;
reports.
VI. CONTINGENCIES
The County shaIl make every effort to complete ail tasks as described. The County shaIl notify
the DistrictProject Manager of any problems that may occur which would inhibit the coIlection
or analysis of water quality data required for this Agreement.
Expedient monitoring may be requested during or after unusual weather events that may affect
water related resources. While every' effort wiIl be made to accommodate such requests,
unscheduled monitoring wiIl be conducted based on County staff availability and it is understood
that some requests may not be fulfiIled.
Page 240124 , Exhibit" C" to Agreement No. ML070554
\
I
Agenda Item No. 16C2
February 24.2009
Page 46 of 46
EXHIBIT "D"
PAYMENT AND DELIVERABLE SCHEDULE
The Field Quality Manual, Laboratory Quality Manual and NELAP Certification identified in
Taskl shall be submitted within one (1) month of contract execution and no less than annually
thereafter.
The County shall invoice the District on a quarterly basis for Tasks 3 and 6. Tasks 4 and 5 for
project SGGE shall be included with the quarterly invoice only if sampling events occur within
the quarterly invoicing period since sampling is based on flow conditions. There will be no
n_~arate payment fo.r'I'~~-.laJ1d 2:. . . ____n ________
All electronic data deliverables and reports shall be submitted within 60 days of the end of the
quarterly reporting period, (i.e. data for the months of January, February and March shall be
submitted by May 31). 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". However, the District may refuse full
payment for data that do not meet the County's or District/FDEP QAQC criteria. The total not to
exceed consideration to be provided by the District under this agreement is $160,000.00 for
FY07, $166,400 for FY08, and $173,056 for FY09.
Payment and Deliverable Schedule in accordance with Exhibit "C' , Statement of Work
Task Deliverable Description FY07 FY08 FY09
Payment Amount Payment Amount Payment Amount
1 General Quality Assurance/Quality $0 $0 $0
Control (QAlQC) Requirement<;
.
2 Data Transfer $0 $0 $0
3 Surface Water Sample Collection, $32,225/Qtr not to $33,514/Qtr not to $34,855/Qtr not to
Analyses and Data Deliverables for exceed $128,900/yr exceed $ 134,056/yr exceed $ I 39,420/yr
Project<; CCWQ and IMKS .
4 SGGE Surface Water Sample $1,100.00 per event $1,144.00 per $1,190.00 per
Collection not to exceed six event Dot to exceed event not to exceed
. event<; at $6,600/yr six events at ' six events at
$6,864/yr $7,140/yr
5 SGGE Surface Water Sample Analysis $130.00 $135.20 $140.60
and Data Deliverables per sample not to per sample not to per sample not to
exceed 50 samples at exceed 50 samples exceed 50 samples
. $6,500/yr total at $6,760/yr total at $7,030/yr
6 Reporting $4,500/Qtr not to $4, 680/Qtr not to $4,866.50/Qtr not
, exceed $18,000/yr exceed $18,nO/yr to exceed
$19,466/yr
Total Payments per Fiscal Year $160,000 $166,400 $173,056
Page lofl ,Exhibit" D" to Agreement No. ML070554