Agenda 05/12/2009 Item #16C 1
Agenda 11em No. 16C1
May 12, 2001il
Page 1 of 49
EXECUTIVE SUMMARY
Recommendation to approve Amendment A02 to the existing Agreement No, ML0705S4
between Collier County and the South Florida Water Management District that will
modify the scope of work to include newly approved Florida Department of Environmental
Protection quality control criteria.
OBJECTIVE: To have the Board of County Commissioners approve Amendment A02 to the
existing Agreement No. ML070554 between Collier County and the South Florida Water
Management District (SFWMD). 1bis Amendment A02 makes a minor change to the scope of
work to include the newly approved Florida Department of Environmental Protection quality
control criteria
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. The current Agreement's scope of work uses quality
assurance/quality control (QNQc) standards for reporting water quality data based on the
Florida Department of Environmental Protection's (FDEP) quality assurance rule (Florida
Administrative Code 62-]60). 1bis FDEP rule was updated on December 3, 2008. 1bis
Amendment A02 changes the QNQC criteria in the current agreement to meet this FDEP rule
update.
FISCAL IMPACT: There is no fiscal impact to this clerical change in the scope of work.
LEGAL CONSIDERATIONS: 1bis item has been reviewed and approved by the County
Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a
majority vote for approval, and is otherwise legally sufficient for Board action.-SRT
GROWTH MANAGEMENT IMPACT: lbis change to the contract scope of work will not
impact the requirements of the Conservation and Coastal Management Element of the Growth
Management Plan relative to surface water quality monitoring.
RECOMMENDATION:
1) Staff is recommending that the Board of County Commissioners approve Amendment
#A02 to Agreement No. ML070554, whereby the South F]orida Water Management
District will make a clerical change to the scope of work to the existing Agreement.
Prepared By: Rhonda J. Watkins, Principal Environmental Specialist, Pollution Control &
Prevention Department
-
Page ] of 2
Agenda Item No. 16C1
May 12, 2009
Page 2 of 49
COLLIER COUNTY
BOARD OF COUNTY COMMISSIONERS
Item Number:
Item Summary:
16C1
Recommendation to approve Amendment A02 to the existing Agreement No, ML070554
between Collier County and the South Florida Water Management District for water quality
monitoring work that will modify the scope of work to include newly approved Florida
Department of Environmental Protection quality control critena.
Meeting Date: 5/12/2009 90000 AM
Prepa red By
Rhonda Watkins Principal Environmental Specialist Date
Public Utilities Pollution Control & Prevention 4/14/20092045:05 PM
Approved By
Scott R. Teach Assistant County Attorney Date
County,Attorney County Attorney Office 4/15/20097:37 AM
Approved By
Jeff Klatzkow County Attorney Date
County Attorney County Attorney Office 4/15/200910:52 AM
Approved By
Steve Carnell Purchasing/General Svcs Director Date
Administrative Services Purchasing 4/15/200911:07 AM
Approved Dy
Dianna Perryman Contract Specialist Date
Administrative Services Purchasing 4/16/200912:55 PM
Approved By
Thomas Wides Operations Director Date
Public Utilities Public Utilities Operations 4/21/20091 :46 PM
Approved By
Ray Smith Director Date
Public Utilities Pollution Control & Prevention 4/22/20093:13 PM
Approved By
James W. Delany Public Utilities Administrator Date
Public Utilities Public Utilities Administration 4/23/2009 1 :06 PM
Approved By
OMB Coordinator OMB Coordinator Date
County Manager's Office Office of Management & Budget 4/27/20094:05 PM
Approved By
Randy Greenwald ManagemenUBudget Analyst Date
County Manager's Office Office of Management & Budget 4/27/20095:21 PM
Approved By
Leo E. Ochs, Jr. Deputy County Manager Date
fi le://C:\AgendaTest\ExpOli\ 1 29-May%20 12,%202009\ 16.%20CONSENT%20AGENDA \ 16... 5/6/2009
Page 2 of2
Agenda Item No. 16C1
May 12, 2009
Page 3 of 49
Board of County
Commissioners
County Manager's Office
5/2/2009 8;57 AM
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-8
Agenda Item No. 16C1
OR 1 GI N~1;.~~?~~
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3600001301-A02
AMENDMENT NO, 02
TO AGREEMENT NO, 3600001301
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY
This AMENDMENT NO, 2, entered into on , to that AGREEMENT
dated September 2], 2006, as amended on March 4, 2009, between "the Parties," the South Florida
Water Management District (DISTRICT), and the Board of County Commissioners - 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, all sampling and analytical protocols shall follow the F]orida Department of
Environmental Protection's (FDEP) Quality Assurance Rule 62-160; 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;
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
]. Regardless of the actual date of execution this AMENDMENT NO, 02 shall be effective as of
February 25, 2009.
2. The Statement of Work, attached as Exhibit "C" to the AGREEMENT, is hereby amended as
follows:
Page I 012, Amendment No. 02 to Agreement No. 3600001301
8
/-\':jenc;D item ["40. '16C 1
- r\12Y 12. 2009
Page 5 of 49
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
Section IV. WORK BREAKDOWN STRUCTURE: Delete paragraph 9 in its entirety and
replace with the following:
. Data that are between the MDL and the Practical Quantitative Limit (PQL = 5 x MDL)
should be qualified by the County with an (]).
. Verify that the method blank recoveries are <MDL. ]f not, qualify blank results with
concentrations?: MDL with a (,1).
. Verify that field blanks (i.e. EB, FCEB, etc.) are <MDL. Blanks that do not pass this
crilerion are confirmed through rework; data for the blank and associated samples that may
be affected are qualified. Va]ues are considered affecled if they are less than or equal to (:S)
10 times the blank value.
. Calibration of instruments must be bracketed around expected sample concentrations. The
lowest calibration standard must be no morc than 2 x MDL. The highest calibration
standard must not be at a level that would either be so high as to decrease sensitivity in the
analysis or too low that it would necessitate dilution of a large number of samples.
. All documentation must be neat. complete and organized so as to allow reconstruction of
both collection and analysis in the event of legal proceedings.
3. All other terms and conditions of the AGREEMENT, as an1ended, remain unchanged.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this AMENDMENT NO. 02 on the date firsl written above.
ATTEST
DWIGHT E. BROCK, CLERK
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY:
By:
Deputy Clerk
Frank Hayden, Procnrement Director
SFWMD PROCUREMENT APPROVED
BJ'Y:]; : i ( -<,Ie (i~c
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BOARD OF COUNTY COMMISSIONERS -
COLLIER COUNTY
Approved as to form & legal
r:ifd~ ~
AeBi~tAnt County Attorney
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By:
Title:
Page 2 of2, Amendment No. 02 to Agreement No. 3600001301
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't;SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
;',',
THE SOUl'H FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence
. DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WITH:
Name: BOCCCOLLIERCOUNTYFLA ML070554
POLLUTION CONTROL & PREVENTION DEPARTMENT
Address: 3301 E. TAMIAMI TRAIL
BLDG. H
NAPLES, FL 34112
!'rgject Manager: Raymond E. Smith
Telephone No: (239) 732-2502
Fax No: (239)732- 2574
Hereinafter referred to as: COUNTY
PROJECT lITLE: COLLECTION AND ANALYSES OF SURFACE WATER QUALITY 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 Terms and Conditions Exhibit "I" - Not Applicable
Exhibit "C" " Statement of Work Exhibit "J" - Not Applicable
Exhibit "D" - Payment and Deliyerable Schedule Exlubit "K" - Not Applicable
Exhibit "E" " NotApplicab]e Exhibit "L" - Not Applicable
Exlnbit "F" - Not Applicable Exhibit "M" " Not Applicable
Exhibit "G" - Not A Iicable
TOTAL AGREEMENT AMOUNT: $499,456.00
Multi-Year Funding (If Applicable)
Fiscal Year: October I, 2006-September 30, 2007 $160,000.00'
Fiscal Year: Octobec I, 2007-Scptember 30, 2008 $166,400.00'
Fiscal Year: Oclobec 1, 200S-September 30, 2009 $173,056.00'
*Subject to District Governing Board Annual Budget Approval
AGREEMENT TERM: TIrree 3 Years
District Project Manager: Patrick J. Martin
Telephone No: (561) 753-2400 x 4761
Fax No. (561 791-4094
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
TYPE:
Not-ta-Exceed
Fiscal Year;
Fiscal Year:
Fiscal Year:
South Florida Water Management District
3301 Gun Club Road
West Pabn Beach, Florida 33406
Attention: Procurement Department - Notices
Accounts Payable - Invoices
EFFECTIVE DATE: November 1 2006
District Contract Administrator:
Penelope Burger (561) 682-2536
Fax No.: 561 682-6397 or 561 681-6275
SUBMIT NOTICES TO THE COUNTY AT:
BOCC COLLlER COUNTY FLA
POLLUTION CONTROL & PREVENTION DEPARTMENT
3301 B. TAMIAMI TRAIL
BWG.H
NAPLES, FL 34112
Attention: Raymond E, Smith
IN WlTNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and
Conditions under which it is issued.
BOCC COLLIER COUNTY FLA
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Signature of Authorized Rep;;'en~ve
Frank Halas
'-
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BO
~
Accepted By:
Accepted By:
-litM.-r. Col
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Date:
Title:
Chairman
Date:
Approved as to form and legal sufficiency
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v
) '; A,ger\da 11em No. 16C1
SOUTH FLOlUDA WATER MANAGEMENT DI~TRI~'f12, 2009
EXHIBIT "B" . 1"age 7 of 49
GENERAL TERMS AND CONDITIONS
.c! '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 Ihe "Statement of Work," attached hereto
as Exlnbit "C" and made a part of this AGREEMENT.
1.2 As part of the services to be provided by Ihe
COUNTY under this AGREEMENT, Ihe COUNTY
shall substantiate, in whatever forum reasonably
requested by Ihe DISTRICT, Ihe methodology, lab
analytical examinations, scientific theories, data,
reference materials, and research notes. The
COUNTY shall also be required to substantiate any
and all work completed, including but not limited to,
work completed by subcontractors, assistants,
models, concepts, analytical theories, computer
programs and conclusions utilized as the basis for the
final work product required by the AGREEMENT.
This paragraph shall survive the expiration. or
termination of this AGREEMENT.
1.3 The parties agree that time is of the essence in
the performance of each and every obligation under
this AGREEMENT.
1.4 In the event COUNTY employees or hired
workers are authorized by. Exhibit "C" to perform
services on-site at DISTRICT facilities, Ihe COUNTY
hereby agrees to be bound by all applicable
DISTRICT policies and standards of conduct listed in
Attachment I, "Contractor Policy Code
Acknowledgement" to Exlnbit "c' _and shall require
each individual performing such on-site work to
execute the Attachment 1 form It is Ihe COUNTY's
responsibility to advise its employees or hired workers
of Ihe nature of the project, as described in Exlnbit "C".
The COUNTY shall determine the tnelhod, details and
means of performing the services, within the
parameters established. by Exlnbit "C'. The
DISTRICT shall provide additional guidance and
instrnctious to COUNTY's employees or hired
workers where necessary or appropriate as . detemrined
by the DISTRICT.
ARTICLE 2 - COMPENSATION!
CONSIDERATION
2.1 The total consideration for all work required
by the DISTRICT pursuant to this AGREEMENT
shall not exceed the amount as indicated on the
cover/signature page of this AGREEMENT, Such
amount includes all expenses which the COUNTY
may incur and therefore no additional consideration"
shall be authorized.
2.2 Notwithstanding the foregoing, the amount
expended under this AGREEMENT shall be paid in
accordance with, and subject to the nmlti-year funding
allocations for each DISTRICT fiscal year indicated
on the cover/signature page of this AGREEMENT.
Funding for each applicable fiScal year of this
AGREEMENT is subject to DISTRICT Governing
Board budgetary appropriation. In the event the
DISTRICT does not approye ftmding for any
subsequent fiscal year, this AGREEMENT shall
terminate upon expenditure of the CmIent funding,
notwithstanding other provisions in this
AGREEMENT to the contrary. The DISTRICT will
notifY the COUNTY in writing after the adoption of
the final DISTRICT budget for each subsequent fiscal
year if funding is not approved for this
AGREEMENT.
2.3 The COUNTY assumes sole responsibility for
all work which is performed pursuant to Ihe Statement
of Work, Exhibit "C". By providing funding
hereunder, Ihe 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 COUJl<'TY by executing this
AGREEMENT, certifies to truth-in-negotiation,
specifically, that wage rates and other factual unit costs
supporting the consideration are accurare, complete,
and current at the time of contracting. The COUNTY
agrees that. the DISTRICT may adjust the
consideration for this AGREEMENT to exclude any
significant . snm:;' by which the 'consideration was
increased due to inaccurate, incomplete, or non-current
wage rates and oilier factual unit costs.
Page I of 10, Exhibir "B"
Contract File:\County.doc 06/06/06
~-
8
)') Agenda Item No. 16C1
SOUTH FLORIDA WATER MANAGEMENT DIST~2, 2009
EXHIBIT "B" age 8 of ~9
,
GENERAL TERMS AND CONDITIONS
.'
The DISTRICT. shall make any such adjUS1ment
within one (1)' year following the expiration or
termination of this AGREEMENT.
ARTICLE 3 - INVOICING AND PROMPT
PAYMENT
3.1. The COUNTY's invoices shall reference the
DISTRICT's Contract Nwnber and shall be sent to the
DISTRICT's address specified on the cover/signature
page of this AGREEMENT. The COUNTY shall not
submit invoices to any other, address at the
DISTRICT.
3.2 The COUNTY shall submit the invoices on a
completion of deliyerable basis, pursuant to . the
schedule outlined in the Payment and Deliverable
Schedule, attached hereto as Exhibit ''0'' and made a
part of this AGREEMENT. In the event the
schedule does not specify payment on a completion of
deliverable basis, all inyoices shall be. substantiated
by adequate supporting documentation to justify
hours expended and expenses incurred within the not-
to-exceed budge~ including but not limited to, copies
of approved timesheets, payme~t' vouchers, expense
reports (including approved travel costs, if
applicable), receipts and subcontractor inyoices. Any
authorized travel shall be reimbursed in accordance
with Chapter 112, Florida Statutes.
3.3 It is the policy of the DISTRICT that payment
for all goods and services shall be made. in a timely
manner and that interest payments are made on late
payments. In accordance with Florids Statutes,
Section 218.70, F]orida Prompt Payment Ac~ a
"proper" invoice is. defmed, , as an invoice that
conforms to all statutory requirements and all
DISTRICT requirements as specified in the
AGREEMENT for inyoice submission. The time at
which payment shall be due from the DISTRICT
shall be forty-fiye (~5) days from receipt of a proper
invoice and acceptance of, services and/or
deliverables, based on compliance with the statutory
reqUirenientsset forth in Section 218.70, ES. and
upon satisfaction of the DISTRICT conditions as
detailed in the AGREEMENT.
Failure of the COUNTY to follow the instructions set
forth in the AGREEMENT regarding a proper
invoice and acceptable services. and/or deliverables
may result in an unayoidable 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
this section shall bear interest from thirty (30) days
after the due date at the rate of one percent (I %) per
month on the unpaid balance. The COUNTY shall
invoice the DISTRICT for payment of any accrued
unpaid interest
Any disputes regarding invoice payments which
cannot be resolyed 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 receiyed 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 dste of
this AGREEMENT.
ARTICLE 4 - PROJECT MANAGEMENT/
NOTICE
4.1 The parties shall direct all technical matters
arising in connection. with the perfo1IDllJlCe of this
AGREEMENT, other than invoices and notices, to the
attention of the respectiye Project Managers specified
on the cover/signature page of the AGREEMENT for
attempted resolution or. action. The Project Managers
shall be responsible for oyerall coordination an<~
oversight relating to the performance of this
AGREEMENT., The COUNTY shall direct all
administrative. matters,. including invoices and notices,
to the attention oftl1e DISTRICT's Contract Specialist
specified on. the coverlsignature page of the
AGREEMENT.
All formal . notices between' the parties under' this
AGREEMENT' shall. be in writing- and shall be
deemed received if sent by'certifiednlaiI, return receipt
requested, to the respectiye 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:\County.doc 06106/06
8
') ) A.Q.enda 11em No. 16C1
SOUTH FLORIDA WATER MAN,AGElVlliNT DIIST~29 2709
EXHIBIT "B" age 0 49
GENERAL TERMS AND CONDmONS
the DISTRICf's Project Manager. All notices
required by this AGREEMENT shall be considered
delivered upon receipt. Should either party change its
address, written notice of such new address shall
promptly be sent to !be other party.
All correspondence to the DISTRICT under this
AGREEMENT shall reference the DISTRICT's
Contract Number specified on the cover/signature page
of the AGREEMENT.
ARTICLE 5 - INSURANCE
5.1 The COUNTY assumes any and all risks of
personal injury, bodily injury and property damage
'attnbutable 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 seif-funded for Worker's
compensation and liability insurance, covering at a
mininnrm bodily injury, personal injury and property
damage with protection being applicable to the
COUNTY's officers~ employees, servants and agents
while acting within the scope of their employment
during performance under this AGREEMENT. The
COUNTY and the DISTRICT further agree that
nothing contained herein shall be construed or
interpreted as (l) 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 innnunity of the State of Florida
beyond the waiver provided in Section 768.28,
Florida Statutes.
5.2 In the eyent 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 hannless
from all damages arising in connection with the
COUNTY's subcontract.
ARTICLE 6 - TERMINATIONIREMEDIES
6. I It is the policy of the DISTRICT to
encourage good business practices' by requiring
contractors to materially perform in accordance with
the tenns and conditions of the DISTRICf
AGREEMENT. In accordance with DISTRICT
Rule 40E-7, Part II, FAC., ''material breach" is
defined as any substantial, unexcused non-
performance by failing to perform an act that is an
important part of !be transaction or performing an act
inconsistent with the tenns 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) days to cure the
breach. If the COUNTY fai1s to cure the breach
within the thirty (30) day period, the DISTRICT
shall issue a Termination for Default Notice. Once lhe
DISTRICT has notified lhe COUNTY that it has
materially breached its contract with the DISTRICf,
by sending a Termination for Default Notice, lhe
DISTRICT's Governing Board shall determine
whether the COUNTY should be suspended from
doing future work with the DISTRICT, and if so, for
what period of time. The DISTRICT's Governing
Board will consider lhe factors detailed in Rule 40E-
7, Part II, FAC. in making a determination as to
whether a COUNTY should be suspended, and if so,
for what period 'of time. Should the DISTRICT
terminate for . default in accordance with this
provision, the DISTRICT shall be entitled to reCOYer
reprocurement costs in addition to all other remedies
under law and/or equity.
6.2 The DISTRICT may tenninate this
AGREEMENT wilh or without cause at any time for
convenience upon thirty (30) calendar days prior
written notice to. the COUNTY. The performance of
work under this AGREEMENT may be terminated by
the DISTRICT in accordance with this clause in
~ole, or from time to time in part, wheneyer the
DISTRICT shall determine that such termination is in
the best interest of Ihe DISTRICT. Any such
Page 3 of 10, Exhibit "B"
Contract File:\County.doc 06/06/06
(8
)) A.9,enda Item No. 16C1
SOUTH FLORIDA WATER MANAGEMENT DIISTRlfia'f1120' 2f009
Ut:>age 0 49
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
I "
tennination shall be effected by delivery to the
COUNTY of a Notice of Termination specifYing fue
extent to which performance of work under the
,
AGREEMENT is terminated, and the date upon which
such termination becomes effectiye.
In fue event of tennination for conyenience, the
DISTRICT shall compensate fue COUNTY for all
aufuorized and accepted deliyerables completed
through fue date of termination in accordance wifu
Exhibit "C", Statement of Work The DISTRICT shall
be relieved of any and all future obligations hereunder,
including but not limited to lost profits and
consequential damages, under this AGREEMENT.
The DISTRICT may withhold aU payments to fue
COUNTY for such work until such time as fue
DISTRICT determines fue exact amount due to the
COUNTY.
6.3 In fue event a dispute arises which fue project
managers cannot resolye between themselves, fue
parties shall have fue option to submit to non-binding
mediation. The mediator or mediators shall be
impartia~ shall be selected by fue parties, and the cost
of fue mediation shall be borne equally by fue parties.
The mediation process shal] be confidential to the
extent permitted by law.
6.4 The DISTRICT may order thet 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 Goyerning Board, a condition of
irrnnediate 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 fue COUNTY to fue DISTRICT. If this
provision is inyoked, the DISTRICT shall notifY the
COUNTY in writing to stop work as of a certain date
and specifY the reasons for fue action, which shall not
be arbitrary or capricions. The COUNTY shall then be
obligated to suspend all work efforts as of fue effective'
date of fue 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 to1al project cost
as indicated on the coyer/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 coyerlsignature page of this
AGREEMENT. In the event such COUNTY
matching funding and/or in-kind services becomes
unavailable, that shall be good and sufficient cause for
the DISTRICT to tenninate the AGREEMENT
pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTIONI
OWNERSHIP
7.1 The COUNTY shall maintain records and the
DISTRICT shall have inspection and audit rights as
follows:
A. Maintenance of Records: The COUNTY
shall maintain all financial and non-financial records
and reports directly or indirectly related to the
negotiation or performance of this AGREEMENT
including supporting documentation for any service
rates. expenSes, research or reports. Such records shall
be maintained and made available for inspection for a
period of fiye years from completing performance and
receiving finaI 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 goverrnru:ntal
auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may
be made only within five years from the date of final
payment under this AGREEMENT and upon
reasonable notice, time and place.
C. Extended Availabilitv of Records for Legal
Disputes: In the event that fue DISTRICT should
become involyed in a legal dispute with a third party
. arising frOm performance under this AGREEMENT,
the COUNTY shall extend the period of maintenance
for all records relating to the AGREEMENT until the
final disposition of the legal dispute, and all such
Page 4 of 10, Exhibit "B"
Contract File:\County.doc 06/06/06
8
'I . ) Aqenda Item No. 16C1
SOUTH FLORIDAW ATER MANAGEM~NT DIST~\21' ~~~~
EXHIBIT "B" g
GENERAL TERMS AND CONDITIONS
records shall be made readily available to the
DISTRICf.
7.2 The DISTRICT shall retain exclusive title,
copyright and other proprietary rights in all work items,
including but not limited to, all documents, technical
reports, research notes, scientific data, computer
programs, including the source and object code,
which are developed, created or otherwise originated
hereunder by the COUNTY, its subcontractor(s),
assign(s), agent(s) and/or successor(s) as required by
the Exlubit "C", Statement of Work (the "Work"). In
consideration for the DISTRICT entering into this
AGREEMENT, and other good and valuable
consideration the sufficiency and receipt in full of
which is hereby acknowledged by the COUNTY, the
COUNTY hereby aEsigns, transfers,' sells and
otherwise grants to the DISTRICT any and all rights
it now has or may haye in the Work (the "Grant").
This Grant shall be self-operative upon execution by
the parties hereto, however the COUNTY agrees to
execute and" deliver to the DISTRICT any further
assignments or other instruments necessary to
evidence the Grant, without the payment of any
additional consideration by the DISTRICT. lbe
COUNTY may not disclose, use, license or sell any
work developed, created, Of othenvise 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, aE
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 grant to the DISTRICT a perpetlla~
non-transferable, non-exclusive. right to use the
identified software without an additional fee, The.
DISTRICT acknowledges that title to the software
identified in Exhibit "C" shall remain with the
Licensor.
7.4 My equipment purchased by the COUNTY
with DISTRICT funding under this AGREEMENT
shall be returned and title transferred from the
COUNTY 'to the DISTRICT immediately upon
termination or expiration of this AGREEMENT
upon the written request of the DISTRICT not less
than thirty (30) days prior to AGREEMENT
expiration or t=illation. Equipment is hereby
defined aE any non-consumable items purchased by
the DISTRICT with a yalue equal to or greater than
$500.00 and with a nonnal 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 nonnal wear and
tear. The COUNTY will use its best efforts to
safeguard the equipment throughout the period of
perfonnance of this AGREEMENT. Hbwever the
DISTRICT will not hold the COUNTY liable for
loss or damage due to causes beyond the COUNTY's
reasonable control. In the event of loss or damage,
the COUNTY shall notifY the DISTRICT in writing
within fiye (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 designsted DISTRICT owned systems
or equipment. Removal of any copy of licensed
software is prohibited.
ARTICLE 8 - STANDARDS OF
COM.PUANCE
8. I 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 DO duty to ensure such compliance, but will
attempt to advise the COUNTY, upon request, aE to
any such laws of which it has present knowledge.
Page 5 of 10, Exhibit "B"
Contract File:\County.doc 06/06/06
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SOUTH FLOirDA WATER MANAGEMJdNT DfSTro(fl,'i;~, 1~I~il
EXHIBIT "B" .. Page 12 of<19
GENERAL TERMS AND CONDITIONS
8.2 The COUNTY hereby assures that no person
sbaIl be discriminated against on the grounds of race,
color, creed, national origin, handicap I 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' tius
AGREEMENT, acknowledges and attests that neither
it, nor any of its suppliers, subcontractors, or
consultants who sbaIl perform work which i, 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 heen
convicted of a public entity crime or has beeu placed
on the discriminatory vendor lis~ a period longer than
36 months has passed since ti1ar person was placed on
the convicted vendor or discriminatory vendor list The
COUNTY further understands and accepts that this
AGREEMENT shall be either void by the DISTRICT
or subject to immediate termination by the DISTRICT,
in the event there is any misrepresentation or lack of
compliance with the mandates of Section 287,133 or
Section 287.134, respectively, Florida Statutes. 'The
DISTRICT, in the event of such tennination, shall not
incur any liability to the COUNTY for any work or
materials furnished.
8.5 The COUNTY sbaIl be responsible and liable
for the payment of all of its FICNSocial 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 COIJNTY
warrants that is has not paid or agreed to pay any
person, other than a bona fide employee working solely
for the COUNTY, any fee, connnission, 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, connnission, percentage, gift, or
other consideration.
8.7 The COUNTY shall allow public access to all
project documents and materials in accordance with the
, provisions of Chapter 119, Florida Statutes. Should the
COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or
other relief as proYided 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 prohibits its disclosure and
which software is a trade secret, as defined in
Sections 812.081(c), Florida Statutes is exempt from
the disclosure provisions of the Public Records law.
However, the parties hereto agIee that if a request is
made of the DISTRICT, pursuant to Chapter 119,
Florida Statute, for public disclosure of proprietary
property being licensed to tile 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 relid 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 shall
not give rise to a: claim by . the COUNTY for
additional compensation. If the COUNTY is unable
to obtain all necessary permits in a timely. manner,
either party may elect to terminate this
Page 6 oflO, Exhibit "B"
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'I ) Agenda Item No, 16C1
SOUTH FLOJUDA WATER MANAGEMENT DIST~@if12, 2009
. EXIllBIT "B'" age 13 of 49
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 prolnbited from the expenditure of any
fimds under this AGREEMENT to lobby the
Legislature, the judicial branch or another state agency.
8.10 The DISTRICT is a goyernmental entity
responsible for performing a public service and
therefore has a legitimate interest in promoting the
goals and objectives of the agency. The work under
this AGREEMENT inyolves a project consistent
with these goals and objectiyes. Consequently, the
DISTRICT is desirous of satisfactorily completing
and successfully promoting' this proj ect with the
cooperation of its COUNTY. Therefore, as the
DISTRICT'S COUNTY for this projec~ 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 COU1'oTY agrees to
take all reasonable measures necessary to effectuate
these assurances. In the eyent the COUNTY
determines it is unable to meet or promote the goals
and objectives of the projec~ it shall have the duty to
immediately notifY the DISTRICT. Upon such
notification the DISTRICT, in its discretion, may
terminate this AGREEMENT.
ARTICLE 9 - RELATIONSHIP BETWEEN
THE PARTIES
9.1 The COUNTY shall be considered an
independent contractor and neither party shall be
considered an employee or agent of the other party.
Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of
independent contractor between the parties and their
respective ~mployees, agents, subcontractors, or
,",signs during or after the performance 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 that the COUNTY's staff shall not be
eligtble for any benefit programs the DISTRICT offers
to its employees. All benefits ayailable to the
COUNTY's staff shall 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 shall indemnify and
hold the DISTRICT harmless from any failure by the
COUNTY to comply with such laws. The
COUNTY's duties with respect to such personnel shall
include, but are not limited to, the following:
9.2.1 Billing, collection, payroll services and tax
withholding, and any other related services
9.2.2 Providing insurance coverage pursuant to
Article 5 of this AGREEMENT.
9.2.3 Providing any and all employment
benefits, including, but not limited to, annual leave,
sick leave, paid holidays, health insurance, retirement
benefits and disability insurance.
9.2.4 Complying with the Fair Labor Standards
Ac~ 29 U.S.c. 201, 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
fimctions that are unique to the DISTRICT, in which
even~ the DISTRICT, in its sole judgment and
discretion, may provide training.
,
9.3 It is the intent and understanding of the Parties
that this AGREEMENT is solely for the benefit of the
COUNTY and the DISTRICT. No person or entity
other than the COUNTY or the DISTRICT shall have
any rights or privileges under: this AGREEMENT in
any capacity whatsoever, . either as third-party
beneficiary or otherwise.
9.4 The COUNTY shall not assign, delegate, or
otherwise transfer its rights and obligations as set forth
Page 7 of 10, Exhibit "Bn
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1
; ) Aqenda Item No. 16C 1
SOUTH FLORIDA WATER MANAGEMENT DISTR"Ma\fl2, 2009
EXHIBIT "B" -Page 14 of 49
GENERAL TERMS AND CONDITIONS
in this AGREEMENT without the prior written
consent of the DISTRICf. Any attempted assignment
in violation of this provision shall be yoid.
9.5 The COUNTY shall not pledge the
DISTRICTs credit or make the DISTRICT a
guarantor of payment or surety for any
AGREEMENT, debt, obligation, judgement, lien, or
any form of indebtedness.
9.6 The DISTRICT assumes 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. I The COUNTY hereby acknowledges that no
Minority Business Enterprises (MBE) participation
level has been established for this AGREEMENT'
however, both parties agree to proYide the othe;
advance notice of competitiye contracts that may
result from this AGREEMENT along with timelines
for public notice and award of such contracts. In the
event subsequent competitive contract awards do
result in MIlE 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
initiatiyes to the extent allowed by law.
ARTICLE 11 - GE]'iERAL PROVISIONS
11.1 Notwithstlinding any proVISlOns of this
AGREEMENT to the contrary, the parties shall not be
held o1iable fOr any failure or delay in the performance
of this AGREEMENT that arises from fires floods
strikes, embargoes, acts of the public enemy, ~uall;
severe. weather,. outbreak of war,. restraint.. of
Government, riots, civil commotion., force majeure, .act
of God, or for. any other cause of the same character
which is unavoidable through the exercise of due care
. and beyond the control of fue parties. Failure to
perform shall be excused during the continuan~e 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 dnring the
occurrence of any of the events berein'mi:ntioned.
11.2 Any inconsistency in this AGREEMENT sball
be resolved by giving precedence in the following
order:
( a) Exhibit "A" Special Provisions, if applicable
(b) Exlnbit"B" General Terms andConditions
(c) Exlnbit"C" Statement of Work
(d) all other exlnbits, attac1nnents 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 perfonning any subsequent obligations strictly in
accordance with the terms of this AGREEMENT. No
waiyer 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 "riting states otherwise.
11.4 Should any term or proVlSlOn of this
AGREEMENT. be held, to any extent, inyalid or
unenforCeable, . as against any person, entity or
circumstance dnring the tenn hereof; by force of any
statute, . 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 ouly
with the written approyal of the parties hereto.
11.6 This AGREEMENT states the entire under-
standing and AGREEMENT between the parties and
supersedes any and all written or oral representations,
statements, negotiations, or contracts previously
existing between the parties with respect to the subject
matter of this AGREEMENT, The COUNTY
Page 8 of 10, Exhibit "B"
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'I '
SOUTH FLORmA WATER MANAGEMkNT Dis1~i1~, 1~~~
EXHIBIT "B" Page 15 of 49
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 'they haye been reduced to writing
and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the
benefit of and shall be bindiIlg upon the parties, their
respective assigns, and successors in interest.
ARTICLE 12 - SAFETY REQUIREMENTS
12. I The COUNTY shall require appropriate
personal protective equipment in all operations where
there is exposure to hazardous conditions.
12.2 The COUNTY shall instruct employees
required to handle or use toxic materials or other
harmful substances regarding their safe handling and
use, including instruction on the potential hazards,
personal hygiene and required personal protective
measures. A Material Safety Data Sheet (MSDS)
shall be provided by the COUNTY to the
DISTRICT on each chemical product used.
12.3 The COUNTY shall comply with the
standards and regulations set forth by the
Occupational Safety and Health Administration
(OSHA), the Florida Department of Labor and
Employment Security and all other appropriate
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 performance.
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
unsafe conditions and acts.
12.6 The COUNTY shall erect and maintain, as.
required by existing conditions and performance of
the AGREEMENT, reasonable safeguards for safety
and protection, including posting of danger signs and
other warnings, against hazards.
]2.7 The COUNTY shall take reasonable
precautions for safety of, and shall provide reasonable
protection to prevent damage, injury, or loss to:
12.7.1 employees on the work and other
persons who may be affected thereby; including
pedestrians, visitors, or traveling public;
12.7.2 the work, materials, and equipment to
be incorporated therein; whether in storage on or off
the site, under care, custody or control of the
COUNTY, or the COUNTY's subcontractors; and
12.7.3 other properties at the site or adjacent
thereto; such as trees, shrubs, lawns, walks, utilities,
pavement, roadways, structures, building, vehicles,
and equipment not designated for removal, relocation
or replacement in the course of work.
12.8 The COUNTY shall provide fIrst aid services
and medical care to its employees.
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, smface waters,
ground waters, it shall be the COUNTY's sole
responsibility to respond in:nllediately to clean the
site, at his expense, to the complete satisfaction of
federal, state, local regulatory agencies and to the
DISTRICT requirements.
Page 9 oflO, Exhibit "B"
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(9
) ) A.9,enda Ilem No. 16C1
SOUTH FLORIDA WATER MANAGEMENT DI1STRIr@l'f12,2009
EXHIBIT "B" 'Page 16 of 49
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 properly exist. This proYision shall not
shift the responsibility or risk of loss for injuries or
damage sustained from the COUNTY to the
DISTRICT; and the COUNTY shall remain solely
responsible for compliance with all federal, state and
local safety requirements, provisions of this section,
and safety of all persons and properly on or about the
site.
Page 10 of 10, Exlnbit "B"
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v
Agenda Item No. 16C 1
May 12, 2009
Rage 17 of 49
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Contractor Policy Code Acknowledgement
Name (Please Print)
ContractIWork Order/Purchase Order (P_O.) #
,
Contractors, Vendors and Consuitants (hereafter referred to collectively as 'Contractor(s n engaged to do
business with the South Florida Water 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)
./ Whistle-Blowers Policy, Chapter 101, Article V. Sec, 101-101 through 101-113.
./ Equal Employment Opportunity and Harassment Policy, Chapter 120, Article I. Sec. 120-3.
./ Standards of Conduct Policy, Chapter 120, Article III. Sec. 120-62.
./ Corrective Action Policy, Chapter 120, Article III. Sec. 120-63.
./ Drug-Free Workplace Policy, Chapter 120, Article III. Sec. 120-73.
./ Chapter 130, Information Technology: Acceptable Use of Information Technology and
Telecommunications Policy; Electronic Mail Policy; and, Intellectual Property and Works-Made-For-Hire
Policy
./ 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 Government-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 10bbyingJor additional work
while under contract with the District may eliminate me and/or my company from award of future solicitations.
I recognize and understand that District IT resources, including but not limited to computers, telephones,
radios, mobile phones and othllr 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 6rotherresources 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
Page 1 of 2
f)
'i ) Agenda Item No. 16C1
. May 12, 2009
SOUTH FLORIDA WATER MANAG~~N1f6'tS4fRICT
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 voicemail 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 resources Or equipment to District IT resources. In regard to such non-District resources or
equipment, I agree to the following:
.,/ 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 1s 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 specifically 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.ContractlWork Order/P.O. # Any violation of this
Acknowledgement shall be considered a breach of the foregoing ContractIWorl< 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 ContractIWorl< 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)
Authotized Representative Name (Print)
Date
Signature
Form 1148 (12/2005)
Original - Contract File
Copy - Contractor
Page 2012
'I Aqenda Item No, 16C1
" May 12, 2009
Page 19 of 49
EXHIBIT "c' , .
STATEMENT OF WORK
COLLECTION AND ANALYSES OF SURFACE WATER QUAIlTY
SAMPLES IN COLLIER COUNTY
I. INTRODUCTION AND BACKGROUND
The natural flow of freshwater is crucial to the survival of the Big Cypress watershed and
Everg]ades National Park as well as to preserving the integrity of the entire southwest F]orida
ecosystem. The southwest coast. of Florida has experienced rapid agricultural and 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-term, systematic monitoring is a powerful too] 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 ]998 to provide data to addre~s southwest F]orida'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 Immokalee on the Lake Trafford Environmental restoration
project and permit compliance for the Picayune Strand hydrologic restoration project.
IT. OBJECTIVE
The primary objectives of this Cooperative Agreement are to 1) 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 staffto additional legislatively mandated projects.
m. 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 of forty-
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,
Immoka]ee Stormwater coded IMKS, consists of five (5) stormwater outfall stations within the
City of Immokalee, 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 lof24, Exhibit " C" to Agreement No. ML070554
Agenda Item No. 16C1
May 12, 2009
Page 20 of49
Southern Go]den 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 G]obal Positioning System (GPS) coordinates for the three
projects are listed in Table 1. The locations of all stations are depicted in Figures 1 and 2. The
required water quality parameters along with sampling frequency for each project and parameter
are listed in Table 2. Tab]e 3 provides details of the In Situ field measurements to be collected for
aI] stations ill these three projects.
Page 20f 24, Exhibit" C" to Agreement No. ML070554
Agenda Item No. 16C1
May 12, 2009
Page 21 of 49
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:,_'-.n'JtbE:aN,.'
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---.,' ,~
. --------,
....r_~_______
___ "-"'~.n~___~~~
. . ......40_......-..~_~_
COLLIER CdUNTY
WATER QUAUTY STA nONS.
ER~
~';';'."_'"" ":~....u "~."",""~l
.. Figure]. . Location of CCWQ 'and IMKS monitoring sites
Page 30f 24, Exhibit" C" to Agreement No. ML070554
. Agenda 11em No. 16C1
May 12, 2009
Page 22 of 49
Southern Golden Gate Estates
Prairie Canal Surface Water Sites
. SURFACE WATER SITE
-'- CANALS
- ROADS
-*.
s
o
2.5
5
,Miles
Figure 2. Location ofSGGE nionitoringsites
Page 40f 24, Exhibit" C" to Agreement No. ML070554
Agenda Item No. 16C1
May 12, 2009
Page 23 of 49
Table 1. Site names and GPS coordinates for projects CCWQ, IMKS and SOGE
BARRIVN Off dock at sheriff's substation on co= 255435.2 812148.5
US4l & CR29
CCW BC] , 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 ext. 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 COUll Club
CCWQ BC5 Bridge at intersect of Haldeman Creek and 260731.3 814613.3
Ba shore Dr,
CCWQ BC6 Downstream of weir in Henderson Creek 260324.0 8]4123.5
south ofUS41E
CCWQ BC7 FakaUnion Canal at west bend of"T" 255933.9 813118,5
CCW BC8 Merritt Canal at east bend of "T" 255935.9 8 ]2925.4
CCWQ BC9 Miller Canal at intersect ofl-75 260911.4 813318.9
CCWQ BCIO F akaUnion Canal at intersect ofl-75 260611.3 810308.4
FAKAUC75
CCWQ BCIl - Merrit Canal at intersect ofl-75 260912.6 8 ]2926.3
~fI,e... CCW BC]2 Prairie Canal at end of 82" Aye S.B. 260031.8 812729.2
CCWQ BC13 Downstream of weir in Immokalee Rd 261623.1 8]4647.6
canal west of Palm Riyer Blvd
CCWQ BC14 Immokalee Rd Canal at intersection of 26]621.6 814642.0
Palm Riyer Blvd
CCWQ BC]5 Airport Rd Canal at entrance to Sam's 261615.9 8]4609.9
Club
BC]6 Bridge #84 on US4 IE . 250519.6 811542.2
BC]7 Bridge #86 on US41E 255235.0 811304.1
BC18 Bridge #73 on US4 IE 255507.2 812327.5
BC]9 Bridge #69 on US4 IE 255537.1 812503.5
BC20 Bridge #52 on US4l E 255739.7 813059.9
BC21 Bridge #55 on US4lE (TAMBR55) 255737.7 813000.8
BC22 Guaging station north of intersection US4l 260325.6 814102.2
and Henderson Creek CRK
BC23 Bridge at intersection of main Golden Gate 2610]3.2 814112.3
Canal & CR951 GGC 951 ,
BC24 Bridge #30211 on SR29; 3 miles north of 2612]2.7 812047.3
1-75
BC25 Bridge east of Oil Well Grade Rdon 26] 738.3 812845,9
CR858 in C Keais Strand
CCWQ BC26 Intersection of 9 51 Canal and Immokalee 261620.7 8]4121.7
Road Canal
CCWQ CHKMATE Middle of Checkmate Pond Fakahatchee 260837.0 812321.4
Strand
CCWQ COCAT41 Cocohatchee River @ US41 261605.7 8]4806.8
Page 50f24, Exhibit" C" to Agreement No. ML070554
\
)
Aoenda 11em No. 16C1
~ May 12, 2009
Page 24 of 49
,
- CCWQ COC@IBIS Bridge at intersection of Coconut Palm 26165D 814612.4
River and Ibis Way . .
CCWQ COC@LAKE Bridge at intersection of Lakeland Ave. 261622.7 814535.6
and Cocohatche~ River Canal .
CCWQ COCPALM Bridge at intersection of Palm Riyer Dr & 260140.0 814641.0
Coconut Palm Riyer .
CCWQ CORK@846 Bridge at intersect of Corkscrew Canal & 261640.7 813603.7
CR846 .
CCWQ CORKN Bridge just south of COWlty 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
sanctuary .
CCWQ CORKSCRD Bridge @ intersect of Corkscrew Rd & ' 264412.3 812219.0
canal NE of Corkscrew Marsh 1railhead
\ CCWQ CORKSW Canal along tram road at southwest comer 263016,6 813339.7
of Corkscrew Swamn Sanctuarv '.
CCWO ECOCORN East ofWCOCORIV site at ami! gate 261620.3 814702.3
CCWQ FAKA Gauging station N of weir @ intersect of 255737.8 813034.2
. US4 l/FakaUnio'n Canal .
CCWQ FAKA858 S side of bridge @FakaUnion Canal and 261734.4 813146.7
CR858 .
CCWQ FAKAUPOI FakaUnion CanaI@ entrance to Port of the 255721.4 813037.8
Islands rr.arina
CCWO GATOR N side of bridge 105 on US41 E 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 @ intersect ofUS41 & Laly 262119.3 814442.3
Main Canal
CCWQ MONROE Bridge 30096@ intersect ofUS41 '.. 255148.9 810604.2
& Loon Rd .
CCWQ OKALA858 Okaloacoochee Slough crossing on I. 261817.4 811731.4
. ..' CR858 . .
CCWQ TAMBR90 Bridge 30090 on US41E. 255220.0 810107.5
." IMKS IMKFSHCK On Lake Trafford Rd. just west of 262559.9 812745.3
"- elementary school at sidewalk
\ bridge
.... IMKS IMK6STS Second culvert S of Main St on 6th . 262503.9 812519.70
\ '. St S in Irnmokalee
IMKS IMKMAD Gopher Ridge Rd. entrance to Gopher 262548.9 812440,81
. Ridge Grove at the end of
. Alachua Rd. CanaJ/bridge is .
..
'. . located just b'efore vehicle
snrav/wash area at OTove entrance,
Page60f24,Exhibit" C" toAgreementNo.ML070554
Agenda 11em No. 16C1
May 12,2009
Page 2Sof49
IMKS IMKBRN First bridge over canal on US29 S 262432.57 812352.24.
of convergence ofNW and 1'i' .'
drainage canals on SE end of ....
Immokalee
IMKS IMKSLGH On Sanitation Rd. leading to Eustis 262423.60 812545.33
Landfill on east side of road
approx. halfway between
, entrance gate at Immokalee Water
& Sewer District Office and
Eustis Landfill ""te.
SGGE SGGE5SW Surface water site at Prairie Canal and 260835.4 812810.5
. . . Transect I
SGGE SGGE10SW Surface water site at Prairie Canal and 260635.3 812834.4
Transect 2
SGGE SGGElISW Surface water site at Prairie Canal and 260535.1 812738.8
Transect 2
SGGE SGGE16SW Surface water site at Prairie Canal and 260318,2 8 ]2818.5
Transect 3
SGGE SGGE] 7SW Surface water site at Prairie Canal and 260251.3 812628.8 .
Transect 3
I. SGGE SGGE22SW Surface water site at Prairie Canal and 260138.1 812841.9,
Transect 3
SGGE SGGE23SW Surface water site at Prairie Canal and 260225.5 812747.7
Transect 4
.
Page70f24,Exhibit" C" toAgreement1'i'o.ML070554
"-',
i
Agenda Item No, 16C1
May 12, 2009
Page 26 of 49
~
Ammonia EPA350.1 0.01 m L ',Monthlv Monthlv Flow
BOD SM5210B 2 mg/L Monthlv Monthlv Flow
Color EPA 110.2 5 pcu , Monthlv Monthlv N/A
Hardness SM2340 B 1.0 mg/L Ouarterlv Monthlv Flow
Nitrate /N03) INOx-N02) 0.D1 mg/L , Monthlv N/A F]ow
NitritecN02 ) SM4500 N02 B 0.002 mg/L Monthly N/A F]ow
- Sodium*** SM3111B 1.7 mg/L " Quarterlv ' N/A N/A
NOX EPA 353.2 0.D1 mg/L Monthlv Monthlv N/A
OP04 SM 4500 PE 0.004 mg/L , Monthlv Monthly F]ow
- -' IDS SM 2540C ' . 2.0 mldL Monthlv N/A Flow
TKN SM 4500 0.04 mgIL Monthly Month]y F]ow
Nonill ,
TOC EPA415.1 0.32 mg/L Monthlv N/A N/A
TP SM 4500 PE ' 0.004 mg/L Monthlv Monthly F]ow
TSS SM 2540 D 2.0 mldL Monthly Monthlv F]ow
Turbidity , SM 2130 B O.10NTU Monthly NfA N/A
Chloronhvll-a SM ]0200 H 3.0 mg/m' Month1v N/A Flow
Phaeonhvtin SM 10200 H 3.0 mg/m' Monthly N/A F]ow
Fecal Coliform SM 9222D ] cfu/IOOm] Monthlv N/A N/A
- I- Total Coliform SM 9222B 1 cfu/10OmI Monthlv N/A N/A
Alkalinity SM 2320B 1.0 mldL Ouarterlv N/A F]ow
Calcium SM 3111 B 0.05 mldL Quarterlv Monthly Flow
Chloride SM 4500 Cl-E 1.0 mg/L Quarter]v N/A N/A
- Fluoride SM 4500 F-C 0.05 mg/L Ouarterlv N/A N/A
Magnesium SM3111 B 0.007 mg/L Quarterly Month]y , , F]ow
Manganese EPA200.8 " 0.39ugIL N/A N/A Flow
(Mn)
Disso]ved Silica SM 4500Si-C 1.0 mg/L Quarterly , Monthlv",' , F]ow
" Sulfate EPA 375.4, 1.0 mg/L, Quarterlv Monthlv Flow
Arsenic ' , EPA 200.8 (As) 1.0ug/L Quarter]y Monthlv N/A ,
Cadmium EPA200.8(Cd) 0.1 ug/L Ouarterlv N/A " N/A
, Chromium ' EPA200.8 (Cr) 2.0 uldL OuarterlY Monthlv , N/A
Copper ' EPA 200.8 (Cu) 1.0ug/L Quarterly Month]v , N/A ,
Iron SM 3111 B 120 ug/L Quarter]v ' N/A ' Flow
, Lead EPA200.8 (Pb) 1.0ug/L Quarter]v Monthlv N/A, '
Zinc , EP A 200.87"Zn) 20 ug/L Quarterly , MonthlY- , " N/A,
*Laboratory mnst obtain this MOL or a lower value " "
*'Frequency is six sample eyents 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 nnder project CCWQ
Page 80f 24, Exhibit" C" to Agreement No. ML070554
) Agenda Item No. 16C1
May 12, 2009
Page 27 of 49
Table 3. In Situ parameters, analytical methods, reporting units and accuracy limits
Salinity
SM 4500-H+ B
FDEP SOP FT]500
SM 4500-0 G
FDEP SOP FT1200
SM2510A
FDEP SOP FT]400
SM 2550 B
FDEP SOP FT1300
SM 2520 B
+1- 0.2 H units
+1- 0.3 mg'L of saturation chart
attem
flmhoS/Cm +1- 5% of the true value of the
KC] standard
o C +/- 0.2 .oC
ppt NA
D th
meters
0.01 meter
IV. WORK BREAKDOWN STRUCTURE
Task]: General Quality Assurance/Quality Control (QAlQC) Requirements
All sampling and analytical protocols shall follow the F]orida 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-]60
(FDEP Quality Assurance Ru]e). 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 COlmty shall document
Quality Control (QC) procedures and evaluate the quality of the data being produced.
All field activities including on-site tests and sample collection shall follow all applicable
procedures described in FDEP-SOP-OOllOl(February 1, 2004). Alternate field procedures may
be used only after they have been approved according to the requirements ofRu]es 62-]60.220,
and 62-160.330, FAC 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. 16C1
May 12, 2009
Page 28 of 49
under Chapter ME-I, F.A.C., where such certification is required by Rule 62-160.300, F.A.C.
Thelaboratory shall be certified for all specific method/analyte combinations that are analyzed
fOTall three projects (CCWQ, IMKS, SGGE). Alternate laboratory methods may be used only
after they have been approved according to the requirements of Rules 62-160.220, and 62-
]60.330, 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 llxecution. Any changes or updates to the Quality Manua] 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.
I
District QA staff may assess the County's performance as desired. For example, District staff
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 shal]
participate in Round Robin and laboratory performance evaluation and split sampling exercises at
the District's request. The District may require copies oflaboratory bench notes during audits anqlor
when necessary to evaluate data.
,
When requested, the laboratory shall provide the District with results of all performance evaluation
and Round Robin studies in which it participates, as well as audit reports. The District may also
ask for MDL studies and QC charts during the duration of the agreement. The laboratory shall not
change analytical methodologies without prior written approval from the District. If the
. laboratory's proposed method is not listed in the approved LQM, they shall provide an FDEP-
approved Method 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 otherwise by the District. The qualification of data will be
based on the limits set in the County's LQM and those criteria specified in the following:
. Data that are between the MDL and the Practical Quantitative Limit (PQL = 5 x MDL)
should be qualified by the County with an (1),
. Verify that the method blank recoveries are <MDL. If not, qualify data results with
concentrations fal]ing between the PQL and MDL with a (J),
. Verify that field quality control samples (i.e. EB, FCEB, etc.) are <:MDL. Blanks that do
not pass this criterion are confirmed through rework; data for the blank and associated '
samples that may be affected are flagged. Values are general]y considered affected if they
are less than (<) 5x' s the blank value,
. Calibration of instruments must be bracketed around expected sample concentrations..
The lowest calibration standard must be no more than 2 x MDL. The highest calibration
standard must not be at a level that would either be so high as to decrease sensitivity in
the analysis or too low that it would necessitate dilution of a large number of samples,
. All documentation must be neat, cornp]ete rind orgailizedso as to allow reconstructionOf'
both collection and analysis in the event oflega] proceedings.
The County shall provide all data associated with the analyses to the District. The District may
Page 10of24,Exhibit" C" toAgreementNo.ML070554
Agenda Ilem No. 16C1
May 12. 2009
Page 29 of 49
refuse payment for data that do not meet the County's Qr District/FDEP 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. Al] 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 on CD. Laboratories working under direct contract for the District shall be requested to
implement Automatic Data Processing Too] (ADaPT), which will be provided by the District.
Laboratory Receipt and Resu]t E]ectronic Data De]iverab]es (EDD) shall be required to be
ADaPT submittals. ADaPT is:
A Microsoft ACCESS based electronic data deliverable (EDD) review and validation too]
program adopted by both FDEP and the District. This too] 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 .!xt 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 Tab]e 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 prob]em(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.
j
LaboratolY Receipt Deliverable
Upon receipt of samples at the laboratory, the County shal] generate a laboratory receipt fi]e for
delivery to the District's QA unit. This file will be forwarded to the District monthly. The
laboratory receipt file format will be verified through ADaPT. The County shall forward the
- verified version of the receipt file' generated by tlje 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-
EI2]2]-2001120l-1. The District will provide the County with a list of recipients for this emai]
Page IIof 24, ExhibIt" C" to Agreement No. ML070554
')
Agenda Item No, 16Cl
May 12; 2009
Page30bf 49
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 Ddiverables
All field in-situ measurements should be submitted to the District with the quarterly reports in a '
separate EDD.
Al] data submittals must conform to the following guidelines or other format as desired by' the
District as shown in Tab]e 4 and include the following:
1) Fie]d data deliverab]es must be submitted to the District Project Manager on a
CD, using a consistent file naming convention, i.e.. XXX-2001l201-1.CSV
(laboratory name + date (YYYYMMDD)+ sequence number).
2) Al] data files sha1l be submitted in ASCII coma 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) Al] 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, Fie]d 2,
Fie]d 4. Fie]d 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 arid the
required order are described. be]ow.
Page t20f 24, Exhibit" C" to Agreement No. ML070554
Agenda Item No. 16C1
May 12, 2009
Page 31 of 49
Table 4. Format for Field Data Deliverable
-- -_.~--~ . -- ..- --- - ~ --- --~ - -. --.~~,....".,,.,............-~-.,,..,,.,~
, i
,
-
_. - .. - - -- "-~~ - -- - --
Lab (LlMS) Number * 1 to 13 characters L2555-20
Field Number * " 1 to 13 characters P1233-3
Proj eet code * 1 to 8 characters MBLS
Sampling Date * 8 digits YYTIMMDD 20000119
Sampling Time * 4 digits HHMM (Military) 1305
Station Code * 1 to 10 characters MBLS18
Sample Type 1 to 10 characters (Laboratory QC SAMP, EB, FB
samples would be identifY here)
Program Type 1 to 4 characters MON, EXP
Collect Method 1 to 4 characters G, ACF, ACT
Matrix ] to 4 characters SW, GW, BFI
Sampling Depth (m) * 1 to 4 digits 0.5
Parameter Name * ] to 30 characters TP04, TKN, .
OP04
Storet Code 5 digits. If code is <5 digits, then 665
leading zeros must be used
Method Name ] to 20 characters (EP A or EP A ' SM4500PF
accepted SOP #)
Analysis Date * 8 digits YYYYMMDD 20000]20
Analysis Time * 4 digits HHMM (Mi]itary) ]400
Practical Quantitative Limit 9 digits total, 4 decimals (F9 A) 0.016
Method Detection Limit * 9 digits total, 4 decimals (F9A) 0.004
9 digits total, 4 decimals. For result
Resu]t * values that are below detection limits, 0,05
the result value shall equal negative
MOL and the remark code shall be U
Units * 1 to 8 characters mgIL
Batch 1 to 13 characters used to link sample ]0 or WGlOO
, with laboratory QC submitted
, ] to 3 Characters (as specified in
Remark Code District flagging criteria U
, docmnentation ) , .
I to 240 characters (no commas in Large amount of
Comments between comments) Laboratory QC suspended solids
samples shal] use this field to indicate in the sample
. ,
. ' , the original sample spike or duplicate. . ,
Page I3of24,Exhibit" C" toAgreementNo.ML070554
') Agenda l1em No. 16C1
May 12, 2009
Page 32 of 49
Project Library
An electronic project library shall be generated by the County to document project specific
requir=ents. The library is created using ADaPT. The District ProjeciManager 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 ]aborat{)ry 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 County shall collect surface water samples from 49 CCWQ and 5 IMKS stations identified
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 tripwi]lbe scheduled only
after observations confirming flow conditions are made at SGGE sites during a CCWQfIMKS
water quality monitoring event.' F]ow observations combined with rainfall everits mllstprovide
reasonable assurance that adequate water levels will exist within the SGGE project area to justify
a sampling event., This information shall be commwllcated 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 Qua]ity Monitoring \york Plan for Picayune Strand. The methodology is as follows:
, .
"F]ow will be determined by disturbing the sediment or.particulates away from
(downstream and downwind) the desigllated 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 14of24, Exhibit" C" to Agreement No. ML070554
Agenda 11em No. 16C1
May 12. 2009
Page 33 of 49
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 (QNQC) requirements and data format and deliverab]e requirements
listed in Task 1 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 Ana]ysis and Data Deliverab]es
All SGGE samples collected under Task 4 shal] be analyzed by the County for the parameters
listed in Tab]e 2 .and 3dherillg to the requirements of Task 1 for laboratory analysis. Data
deliverab]es shall be provided to the District in accordance with the requirements of Task 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 Tab]e
2.
Page 150f24, Exhibit" C" to Agreement No. ML070554
,
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00.".
c.oO,,-
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..".
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Agenda Item No. 16C1
May 12, 2009
Page 42 of 49
Task 6: Reporting
Quarterly reports for data collected for projects CCWQ and IMKSshaJ.I 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 3]). The quarterly report shall also include project SGGE if it was sampled during the
quarterly period. Quarter]y reports shall include the following:
I) 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 al] 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:
report of analyses for each analyte or parameter per sample; , _
QC Report - % RPD/RSD, % MSDIMSDsIDUPs, % Recovery;
ICVs, CCVs, LCS, ICB, CCBs, MBs;
Calibration report (graph/data) - showing r values
run logs
COC and field sheets
The report shall, at a minimwn, include/discuss the following:
L Project Background (Introduction)
. Purpose of monitoring project
. Period covered by report
II. Methods
~ 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/mode] ,
. Describe how water samples collected (i.e. Van Dom, Niskin, Alpha
bottles including type and capacity)
~ Laboratory Ana]ysis
. Provide analytical method, instrument type/model used and method
, detection limit (MDL) for each parameter (ifMDL changed during
year, list MDL value and date of change) ,
. Summarize QAlQC information for monitoring period
~ Problems Encountered
. In Tab]e format, detail monitoring prob]ems,encountered during the
reporting period (i.e. equipment failure, scheduling problems, etc).
Page 230f 24, Exhibit" C" to Agreement No. ML070554
;,1'
"
! ) Agenda l1em No. 16C1
.M1lY 12 2009
· Include how these problems were resolved and what steps take'l"#Qe 43 of 49
ensure they won't be repeated. Discuss delays due to hurricanes,
tropical storms, or other unforeseen events.
m. Results and Discussions
· Discuss any effects of climato]ogical and hydrologic events
(hurricanes, tropical storms, drought, etc. )on sampling during the
, reporting period
v. COUNTY IN-KlND SERVICES CON1RIBUTION
The County shall contribute in-kind services which include field sampling services (equipment
and po:;rsonnel), in house laboratory analysis, project management and quarterly data summary
reports.
VI. CONTINGENCIES
The County shall make every effort to complete all tasks as described. The County shall notify
. the District Project Manager of any problems that may occur which would inhibit the collection
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. Whi]e every effort will be made to acco=odate such requests,
unscheduled monitoring will be conducted based on County staff avai]ability and it is understood
that some requests may not be fu]filled.
I.
Page 240t24 , Exhibit" C" to Agreement No. ML070554
"
)
Agenda 11em No. 16C1
May 12, 2009
Page 44 of 49
E:x:HIB1T "D"
PAYMENT AND DELIVERABLE SCHEDULE
The Field Quality Manual, Laboratory Quality Manual and NELAP Certification identified in
Task1 shall be submitted within one (1) month of contract execution and no less than annually
thereafter.
The Calmty shall invoice the District on a quarterly basis for Tasks 3 and 6. Tasks 4 and 5 for
project SOGE 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 1 and 2.
All electronic data deliverab]es 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). Al] invoices shall list the de]iverables submitted to the District and the
reporting period the invoice covers.
Upon receipt and acceptance of deliverabies 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 DistrictJFDEP QAQC criteria. The total not to
exceed consideration to be provided by the District under this agreement is $]60,000.00 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) Requirements ,
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
u Analyses and Data Deliverables for exceed $ I 28,900/yr exceed $134,056/yr exceed $139,420/yr
Projects CCWQ and IMKS '" .. ,
"
4 SGGE Surface Water Sample $1,100.00 per eyent $1,144.00 per $1,190.00 per
Collection not to exceed six event not to exceed. event not to exceed
events 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 $6,7 60/yr total at $7,030/yr
,
. 6 Reporting " $4,500IQtr not to $4, 680/Qtr not to $4,866.50/Qtr not
. exceed $ 18,000/yr exceed $ I 8, nO/yr to exceed .
$19,466/yr
Tota] Payments per Fiscal Year $160,000 $166,400 $173,056
Page 10fl , Exhibit" D" to Agreement No. ML070554
)..."
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8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
36OO001301-AOl
AMENDMENT NO, 01
TO AGREEMENT NO, 3600001301 (ML070SS4)
BETWEEN THE
SOUTH~RIDA WATER MANAGEMENT DJST:RICf
AND
BOARD OF COUNTY COMMISSIONERS - COl.' ,ma COUNTY
MAR' 0 4 2009
ThisAMENDMENTNO,l,enteredintoon ':"els :J41~' to that AG
dated September 21, 2006, between "the Parties," the South Florida Water Management Di
(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
surl'ace water quality sampling in Collier COImty; 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 Staten:tent of
Work:, decrease the tilnding, and revise the Payment and Deliverable Schedule of the AGREEMENT;
NOW TIffiREFORE, the DISTRIcr and the COUNTY, in consideration of the mutual
benefits :Oowing frOm each to the other, do hereby agree as follows:
1. This AMENDMENT NO. 01 shall be effective upon the date of execution by the Parties.
2. The rnonelliry Consideration for the AGREEMENT is hereby decreased by an amount not.to-
exceed Forty-t.hree Thousand Two Hundred Twenty-seven Dollars and No Cents ($43,227.00) for
Fiscal Year 2009. The total revised not-to-exceed AG~ amount is Four Hundred Fifty-six
ThoU5lUld Two Hundred Twenty-nine Dollars and No Cents ($456,229.00).
3. The Statement of Work, attached as Exhibit "C" to the AGREEMENT, is hereby amended in
accordance with Exhibit "CI ", attached hereto and made a part of this AMENDMENT NO, tn.
4. The Payment and Deliverab]e Schedule is also hereby revised in accordance with Exhibit nDI n,
attached hereto and made a part of this AMENDMENT NO. 01.
P.~e 1 of2, Amendment No. 01 to Agreement No. 3600001301 (ML070S54)
",
e
Agenda Item No. 16C1
May 12, 2009
Page 47 of 49
soum FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
5. The Agreement Number is hereby amended to 3600001301 (from ML070554) to conespond
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 first wriUen above.
SOUIll FLORIDA WATER MANAGEMENT DISTRICf
SFWMD P1t0CURllMEHr APPROVED
By:
6
BY:FA..4~<Ik~Al J
Date: 10 / ~/ I),f'
/
ROCC - COLLIER COUNTY
tfJ~ ~A-a.
By:
Do"nna'Yiala
D'I'D'f
_' .1L~~
~~ '
/'ofJ,.;~", k-r,k
~~~~ .-;:,..
/ .', :;' ...,..,.~,.... ,
, t .;'s'1-'~;~;" "~ "" ;
: ~:,.,,\~_ .:-.~:L}. :g.:
, . \ ~I~ih~~..ii .
<41, "."'i;t:,..,-:;.~'i .
. '..JJ~ . ~'\~"';i-
Title:
Chairman
A.ppro"~:i M U> fo:tk\\ ll; l~iAl ~"'!l""~."iy
A ~~~~A'~
~<&>
Page 2 of2, Amendment No. VI to Agreement No. 3600001301 (ML070554)
Agenda 11em No. 16C1
May 12, 2009
Page 48 of 49
l
EXHIBIT "Cl"
STATEMENT OF WORK
COLLECTION AND ANALYSES OF SURFACE 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
. EHminlllp. the following analytical parameters: F]uoride, Total Coliforms and Total
Dissolved Solids at the request of Collier CoWlty.
All other deliverables (sampling locations and reporting) associated with Agreement No. 360000130]
sha1I remain intact.
l____
Page I of I, Bll:hibit ''CI''to ~ No. 360000130I-AOI
Agenda 11em No. 16C1
May 12, 2009
Page 49 of 49
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 (J) month of contract execution and no less than annually thereafter.
The Crnmty shall invoice the District on a quarterly basis for Tasks 3 and 6. Tasks 4 and 5 for project
SOGE 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 ()f the
quarterly reporting period, (i,e., data for the period January - MlllCh shall be submitted by May 3]).
All inv()ices shall list the deliverables submitted to the District and the reporting period the invoice
covers.
Upon receipt and acceptance ()f deliverables by the District, the District agrees to pay the Cmmty as
specified below and in accordance with the Stalement of Wark. However, the District may refuse full
payment for data that do not meet the County's or DistrictlFDEP QAQC criteria. The total not-to-
exceed consideration to be provided by the District tmder this Agreement is $456,229.00 ($160,000.00
forFY07; $166,400 for FY08, and $129,829 for FY09),
Tat Deliverable DeserlptioG FY07 FYOS FYll9
Payment Amount Payment AlIIOUot Payment ADIOoot
] Geoeral Quality AssuranceIQuality $0 $0 $0
Control (QA/QC) Requirements
2 Dlltll TranstCr $0 $0 $0
3 Surfilce Willer Sample Collection, S32,225/Qtr not to S33,514lQtr not to S26,148.75/Qtr nOt
An8Iyses ond Date Delivcrables for exceed S I 28,90011' exceed $1 34,056/yr to exceed
Projects CCWQ and fMKS SJ04,595/yr
4 SGGE Surfilce Water Sample $1,100.00 per eyenl SI,I44.00 per $892.66 per eyent
Collection not to exceed six event not to exceed not to exceed six
events at S6,600/yr six events at events at S5,3561yr
$6,864/yr
5 SGGE Surfiu:e Water Sample $130.00 $135.20 $105.48
Analysis and D8Ia DeIiverohles per _Ie not to per sample DOt to per sample not to
exceed 50 samples at exceed 50 samples exceed 50 samples
S6,500/yr total at $6,7601yr total at $5,274/yr
6 Reporting $4,500/Qtr not to $4, 680/Qtr not to $3,65 J/Qtr not to
exceed S18,OOOlyr exceed $ 18,7201yr exceed $ 14,604Iyr
Total Pay.eats per Fiseal Year $160,000 $166,400 $129,829
Page 1 of!, Exhibit"Dl" toAgreemern No. 3600001301-AOl