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Backup Documents 05/12/2009 Item #16C 1 ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C 1 TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original documents are to be forwarded to the Board Office only after the Board has taken action on the item.) ROUTING SLIP Complete routing lines #1 through #4 as appropriate for additional signatures, dates, and/or infonnation needed. If the document is already complete with the exception of the Chainnan's sil!;nature, draw a line through routinl!; lines # I throuah #4, comolete the checklist, and forward to Sue Filson (line #5). Route to Addressee(s) Office Initials Date (List in routing order) 1. 2. 3. 4, Scott Teach, Deputy County County Attorney Office ~ )jJl1)vi Attorney 5. Sue Filson, Executive Manager Board of County Commissioners 6. Minutes and Records Clerk of Court's Office PRIMARY CONTACT INFORMATION (The primary contact is the holder of the original document pending Bec approval. Nonnally the primary contact is the person who created/prepared the executive summary. Primary contact infonnation is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing infonnation. All original documents needing the BCC Chainnan's signature are to be delivered to the BCC otTice only after the Bee has acted to approve the item.) Name of Primary Staff Ray Smith Phone Number 252-2502 Contact Agenda Date Item was May 12,2009 Agenda Item Number 16CI Approved by the BCC Type of Document Amendment Number of Original 2 Attached Documents Attached INSTRUCTIONS & CHECKLIST Initial the Yes column or mark "N/A" in the Not Applicable column, whichever is Yes N/ A (Not a ro riate. (Initial) A licable) 1. Original document has been signed/initialed for legal sufficiency. (All documents to be Cw signed by the Chairman, with the exception of most letters, must be reviewed and signed by the Office of the County Attorney. This includes signature pages from ordinances, resolutions, etc. signed by the County Attorney's Office and signature pages from contracts, agreements, etc. that have been fully executed by all parties except the BCC Chairman and Clerk to the Board and ossibl State Officials.) 2. All handwritten strike-through and revisions have been initialed by the County Attorney's Cw Office and all other arties exce t the BCC Chairman and the Clerk to the Board 3. The Chairman's signature line date has been entered as the date ofBCC approval of the Cw document or the final ne otiated contract date whichever is a licable. 4. "Sign here" tabs are placed on the appropriate pages indicating where the Chairman's Cw si nature and initials are re uired. 5. In most cases (some contracts are an exception), the original document and this routing slip Cw should be provided to Sue Filson in the BCC office within 24 hours of BCC approval. Some documents are time sensitive and require forwarding to Tallahassee within a certain time frame or the BCC's actions are nullified. Be aware of 'our deadlines! 6. The document was approved by the BCC on_ 5/12/09 (enter date) and all Cw changes made during the meeting have been incorporated in the attached document. The Count Attorne 's Office has reviewed the chan es, if a Iicable. I: Fonns/ County Fonns/ BCC Fonns/ Original Documents Routing Slip WWS Original 9.03.04, Revised] .26.05. Revised 224.05 ".~'''''''''- _.,__._.'-."'-'-"'"'"''^'''..-_,.,__'''''__,.....,....,.. --'_'_""""'._''-."<<1."'''''-'.'''''''''''''''''''''''-'''''..'*'''''"",,""',_,.,r,..;;;_,.,,,."',.,,,..M_'.'.....,c,,,~....,."".._,.,~,.,""'.'M."'"".~".,.",_l:.m'_"'d""""",..,,,......,,"'._. ,,,,", ....._-~.-...-.~......"_.. 16C 1 8 ORIGINAL S 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 21, 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 Florida 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: 1. 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 1 of 2, Amendment No. 02 to Agreement No. 3600001301 .<"-,..."",-...,..,,....~--,,_.,,' '"_..........,~,.,_."".'."'H._' -_.,,"~, o;'"~"_,.~_ --,..,,,,.,-,'--""' ~-,"."""...,,,,,,.,,,, '16C 1 (i3) 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 (I). · Verify that the method blank recoveries are <MDL. If not, qualify blank results with concentrations 2: MDL with a (J). · Verify that field blanks (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 qualified. Values are considered affected if they are less than or equal to (:~) 10 times 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, 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 amended, remain unchanged. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 02 on the date first written above. ('"'., " ATTEST ";' " . DWIGHT E. BROCK, CLERK SOUTH FLORIDA WATER MANAGEMENT DISTRICT :~ By: Frank Hayden, Procnrement Director .19ft~...OA I ~ .:/ '. i ....-J SFWMD PRbe~NT APPROVED . '// By:\".';- .. ..' (1-/, 1//, (. , . " / - I :"t L. /(i (.( I r i I. ( "- I ( oJ t A Date: ~J /;.: (/ J.' 1/ / ,I / fitf,,,., BOARD OF COUNTY COMMISSIONERS _ Approved as to. f,?rm & legal COLLIER C~Y ~.Ld sufflclency ~ S e-o-tf Ii J~ By: ~. A33igt4At County Attorney t>~"-7 Title: Page 2 of2, Amendment No. 02 to Agreement No. 3600001301 _..,.........._~,,,.~.. ."'~~'-.'~" ",--,>,_~,_"',<~"~""'^-""-""~~-"- ,---,"'--- ,;,.. ORIGINAL ,II '- . . \; I 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT 16C THE SOUTH FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO TIDS AGREEMENT WITH: ML070554 Name: BOCC COLLIER COUNTY FLA POLLUTION CONTROL & PREVENTION DEPARTMENT Address: 3301 E. TAMIAMI TRAIL BLDG. R NAPLES, FL 34112 rr~ject Manager: Raymond E. Smith Telephone No: (239) 732-2502 Fax No: (239) 732- 2574 Hereinafter referred to as: COUNTY PROJECT TITLE: 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 "R" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable Exhibit "c" - Statement of Work Exhibit "J" - Not Applicable Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable Exhibit "G" - Not A licable TOTAL AGREEMENT AMOUNT: $ 499,456.00 TYPE: Not-to-Exceed Multi-Year Funding (If Applicable) Fiscal Year: October I, 2006-September 30, 2007 $160,000.00* Fiscal Year: Fiscal Year: October I, 2oo7-September 30, 200S $166,400.00* Fiscal Year: Fiscal Year: October 1, 200S-September 30, 2009 $173,056.00* Fiscal Year: *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: Three 3 Years EFFECTIVE DATE: November 1 2006 District Project Manager: Patrick J, Martin District Contract Administrator: Telephone No: (561) 753-2400 x 4761 Penelope Burger (561) 682-2536 Fax No. (561 791-4094 Fax No.: 561 682-6397 or 561 681-6275 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE COUNTY AT: HOCC COLLIER COUNTY FLA South Florida Water Management District POLLUTION CONTROL & PREVENTION DEPARTMENT 3301 Gun Club Road 3301 E. TAMIAMI TRAIL West Palm Beach, Florida 33406 BLDG. H Attention: Procurement Department - Notices NAPLES, FL 34112 Accounts Payable - Invoices Attention: Raymond E. Smith IN WITNESS 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 SOUTH FLORIDA WATER MANAGEMENT DISTRICT ~?:~~/ BY ITS GOVERNING BO .. Accepted By: Signature of Authorized Represen attve Frank Halas Date: Title: .:' , ~';~':"'~'i7J;'l"," ~._-_. ....... 1(. ., - ". ~ Chairman I..... .' 1"\\1' (~;'t -~L.,.:t : g:' G,,~"'AY:~';:~' Date: --' Q I _('I""" ..' \: ",".;,"".1,~,. .,'" ;..': '\.~l'i~" :-....,~:'.2.L.;~.'.;;~r. SFWMD~~fROVED", [.;",'",>:..",,;' Approved as to form and legal sufficiency By: ":'." , :' ;;.~~~\1 ~>;~:'~:'\.~.~~"',~,;~ii,.J~"jiiate:' , -, .,fJ(, '10" "'.- '--"..' , , I C'.-:. "~",~;;' .., '--" __.~:f'.,~ l_.~" ;" "1-., .t ~ Attest', (' ". >'~,,>;~,;,'. ;~;... . k!'''\< Dwight i, ~~2k,.':Clerki:?'-' . ._....""-,-".~,-;.._.._._,'.."'",.,.... l ~i.._,_.."....,.~_.- .llI.:......,!.1ltte~t^ffl ~R:p~~J,~n S__ --,'~- 8 SOUTH FL01UDA WATER MANAGElVIENT DISTRICT EXIllBIT "B" ,16C 1 GENERAL TERMS AND CONDITIONS ARTICLE 1 - STATE:MENT OF WORK ARTICLE 2 - COl\1PENSATION/ CONSIDERATION I 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items 2.1 The total consideration for all work required . described in the "Statement of Work," attached hereto by the DISTRICT pursuant to this AGREEMENT as Exhibit "C" and made a part of this AGREEMENT. shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT. Such 1.2 As part of the services to be provided by the amount includes all expenses which the COUNTY COUNTY under this AGREEMENT, the COUNTY may incur and therefore no additional consideration shall substantiate, in whatever forum reasonably shall be authorized. requested by the DISTRICT, the methodology, lab analytical examinations, scientific theories, data, 2.2 Notwithstanding the foregoing, the amount reference materials, and research notes. The expended under this AGREEMENT shall be paid in COUNTY shall also be required to substantiate any accordance with, and subject to the multi-year funding and all work completed, including but not limited to, allocations for each DISTRICT fiscal year indicated work completed by subcontractors, assistants, on the cover/signature page of this AGREEMENT. models, concepts, analytical theories, computer Funding for each applicable fiScal year of this programs and conclusions utilized as the basis for the AGREEMENT is subject to DISTRICT Governing fmal work product required by the AGREEMENT. Board budgetary appropriation. In the event the This paragraph shall survive the expiration. or DISTRICT does not approve funding for any termination of this AGREEMENT. subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, 1.3 The parties agree that time is of the essence in notwithstanding other prOVISIOns in this the perfonnance of each and every obligation under AGREEMENT to the contrary. The DISTRICT will this AGREEMENT. notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal 1.4 In the event COUNTY employees or hired year if funding IS not approved for this workers are authorized by. Exhibit "C" to perform AGREEMENT. services on-site at DISTRICT facilities, the COUNTY hereby agrees to be bound by all applicable 2.3 The COUNTY assumes sole responsibility for DISTRICT policies and standards of conduct listed in all work which is performed pursuant to the Statement Attachment 1, "Contractor Policy Code of Work, Exhibit "C". By providing funding Acknowledgemenf' to Exhibit "c" and shall require hereunder, the DISTRICT does not make any each individual performing such on-site work to warranty, guaranty, or any representation whatsoever execute the Attachment 1 form. It is the COUNTY's regarding the correctness, accuracy, or reliability of any responsibility to advise its employees or hired workers of the work performed hereunder. of the nature of the proj ect, as described in Exhibit "C". The COUNTY shall determine the method, details and 2.4 The COUNTY by executing this means of performing the servIces, within the AGREEMENT, certifies to truth- in-negotiation, parameters established by Exhibit "e". The specifically, that wage rates and other factual unit costs DISTRICT shall provide additional guidance and supporting the consideration are accurate, complete, instructions to COUNTY's employees or hired and current at the time of contracting. The COUNTY workers where necessary or appropriate as determined agrees that the DISTRICT may adjust the by the DISTRICT. consideration for this AGREEMENT to exclude any significant sums by which the 'consideration was increased due to inaccurate, incomplete, or non-current wage rates and other factual unit costs. . Page 1 of 1 0, Exhibit "B" Contract File:\County,doc 06/06/06 <~~,_.~, .......... ..."'" , ......... '-...--..",,,,,,....,< ..._-'--""..,,,.,,..._----~~,..,,""~.. "...........,.". "-'."'--',-'" (8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" 16C , GENERAL TERMS AND CONDITIONS 1 The DISTRICT shall make any such adjustment Failure of the COUNTY to follow the instructions set within one (1 ) year following the expiration or forth in the AGREEMENT regarding a proper tennination of this AGREEMENT. invoice and acceptable services. and/or deliverables j may result in an unavoidable delay in payment by the ARTICLE 3 - INVOICING AND PROMPT DISTRICT. All payments due from the DISTRICT PAYMENT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in 3.1 The COUNTY's invoices shall reference the this section shall bear interest from thirty (30) days DISTRICT's Contract Number and shall be sent to the after the due date at the rate of one percent (1%) per DISTRICT's address specified on the cover/signature month on the unpaid balance. The COUNTY shall page of this AGREEMENT. The COUNTY shall not invoice the DISTRICT for payment of any accrued submit invoices to any other address at the unpaid interest. DISTRICT. Any disputes regarding invoice payments which 3.2 The COUNTY shall submit the invoices on a cannot be resolved by the appropriate department of completion of deliverable basis, pursuant to the the DISTRICT shall be concluded by final written schedule outlined in the Payment and Deliverable decision of the DISTRICT Leadership Team not later Schedule, attached hereto as Exhibit "D" and made a than sixty (60) days after the date on which the proper part of this AGREEMENT. In the event the invoice was received by the DISTRICT. schedule does not specify payment on a completion of 3.4 Unless otherwise stated herein, the DISTRICT deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify shall not pay for any obligation or expenditure made hours expended and expenses incurred within the not- by the COUNTY prior to the commencement date of to-exceed budget, including but not limited to, copies this AGREEMENT. of approved timesheets, payment vouchers, expense ARTICLE 4 - PROJECT MANAGEMENT/ reports (including approved travel costs, if applicable), receipts and subcontractor invoices. Any NOTICE authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 4.1 The parties shall direct all technical matters arising in connection with the performance of this 3.3 It is the policy of the DISTRICT that payment AGREEMENT, other than invoices and notices, to the for all goods and services shall be made in a timely attention of the respective Project Managers specified manner and that interest payments are made on late on the cover/signature page of the AGREEMENT for payments. In accordance with Florida Statutes, attempted resolution or action. The Project Managers Section 218,70, Florida Prompt Payment Act, a shall be responsible for overall coordination and "proper" invoice is defmed as an invoice that oversight relating to the performance of this conforms to all statutory requirements and all AGREEMENT, The COUNTY shall direct all DISTRICT requirements as specified in the administrative matters, including invoices and notices, AGREEMENT for invoice submission. The time at to the attention of the DISTRICT's Contract Specialist which payment shall be due from the DISTRICT specified on the cover/signature page of the shall be forty-five (45) days from receipt of a proper AGREEMENT. invoice and acceptance of servIces and/or deliverables, based on compliance with the statutory All formal notices between the parties under this requirements set forth in Section 218.70, F.S. and AGREEMENT shall be in writing and shall be upon satisfactiod of the DISTRICT conditions as deemed received if sent by certified mail, return receipt detailed in the AGREEMENT. requested, to the respective addresses specified on the cover/signature page of the AGREEMENT. The COUNTY shall also provide a copy of all notices to . Page 2 of 10, Exhibit liB" Contract File:\COlll1ty.doc 06/06/06 . ,,'."'--'" ,- -, - --"--""""",."., -.,-. ~ _1.1 ""'''''........ ~ N e n, ,......... ...~.'""._"~..." , i 8 SOUTH FLORIDA WATER MANAGElVIENT DISTRICT EXHIBIT "B" 16C GENERAL TERMS AND CONDITIONS 1 the DISTRICT's Project Manager. All notices ARTICLE 6 - TERMINATIONIREMEDIES required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its 6.1 It is the policy of the DISTRICT to address, written notice of such new address shall encourage good business practices f by requiring promptly be sent to the other party. contractors to materially perform in accordance with the tenns and conditions of the DISTRICT All correspondence to the DISTRICT under this AGREEMENT. In accordance with DISTRICT AGREE:MENT shall reference the DISTRICT's Rule 40E-7, Part II, F,A.C., "material breach" is Contract Number specified on the cover/signature page defined as any substantial, unexcused non- of the AGREEMENT. performance by failing to perform an act that is an important part of the transaction or performing an act ARTICLE 5 - INSURANCE inconsistent with the tenns and conditions of the AGREEMENT. 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage If the COUNTY materially fails to fulilll its attributable to the negligent acts or omissions of the obligations under this AGREEMENT, the COUNTY and the officers, employees, servants, and DISTRICT will provide written notice of the agents thereof. The COUNTY warrants and deficiency by forwarding a Cure Notice citing the represents that it IS self-funded for Worker's specific nature of the material breach. The compensation and liability insurance, covering at a COUNTY shall have thirty (30) days to cure the minimum bodily injury, personal injury and property breach. If the COUNTY fails to cure the breach damage with protection being applicable to the within the thirty (30) day period, the DISTRICT COUNTY's officers, employees, servants and agents shall issue a Tennination for Default Notice. Once the while acting within the scope of their employment DISTRICT has notified the COUNTY that it has during performance under this AGREEMENT. The materially breached its contract with the DISTRICT, COUNTY and the DISTRICT further agree that by sending a Termination for Default Notice, the nothing contained herein shall be construed or DISTRICT's Governing Board shall determine interpreted as (1) denying to either party any remedy whether the COUNTY should be suspended from or defense available to such party under the laws of doing future work with the DISTRICT, and if so, for the State of Florida; (2) the consent of the State of what period of time. The DISTRICT's Governing Florida or its agents and agencies to be sued; or (3) a Board will consider the factors detailed in Rule 40E- waiver of sovereign immunity of the State of Florida 7, Part II, F.A.C. in making a determination as to beyond the waiver provided in Section 768,28, whether a COUNTY should be suspended, and if so, Florida Statutes. for what period of time. Should the DISTRICT terminate for default in accordance with this 5.2 In the event the COUNTY subcontracts provision, the DISTRICT shall be entitled to recover any part or all of the work hereunder to any third reprocurement costs in addition to all other remedies party, the COUNTY shall require each and every under law and/or equity, subcontractor to identify the DISTRICT as an additional insured on all insurance policies as 6.2 The DISTRICT may terminate this required by the COUNTY. Any contract awarded by AGREEMENT with or without cause at any time for the COUNTY for work under this AGREEMENT convenience upon thirty (30) calendar days prior shall include a provision whereby the COUNTY's written notice to the COUNTY, The performance of subcontractor agrees to defend, indemnify, and pay work under this AGREEMENT may be terminated by on behalf, save and hold the DISTRICT harmless the DISTRICT in accordance with this clause in from all damages arising in connection with the whole, or from time to time in part, whenever the COUNTY's subcontract. DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such . Page 3 oflO, Exhibit "B" Contract File:\County.doc 06/06/06 ~. "--- rn - _4. .A 1>... ..",.- - ~1Il"f". w ).,,,_o<~ ,." "'-'."--"'----- r 6) SOUTH FL01UDA WATER MANAGEMENT DISTRICT EXHmIT "B" GENERAL TERMS AND CONDITIONS 16C l' termination shall be effected by delivery to the DISTRICT shall initiate an amendment to this COUNTY of a Notice of Termination specifying the AGREEMENT to reflect any changes to Exhibit "C", extent to which performance of work under the Statement of Work and/or the project schedule. I AGREEMENT is terminated, and the date upon which such termination becomes effective. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover/signature page, with the In the event of termination for convenience, the balance of matching funds and/or in-kind services to be DISTRICT shall compensate the COUNTY for all obtained from the COUNTY in the amount as authorized and accepted deliverables completed specified on the cover/signature page of this through the date of termination in accordance with AGREEMENT, In the event such COUNTY Exhibit "C", Statement of Work. The DISTRICT shall matching funding and/or in-kind services becomes be relieved of any and all future obligations hereunder, unavailable, that shall be good and sufficient cause for including but not limited to lost profits and the DISTRICT to terminate the AGREEMENT consequential damages, under this AGREE:MENT. pursuant to Paragraph 6.2 above. The DISTRICT may withhold all payments to the COUNTY for such work until such time as the ARTICLE 7 - RECORDS RETENTION/ . DISTRICT determines the exact amount due to the OWNERSHIP . COUNTY. 7.1 The COUNTY shall maintain records and the 6.3 In the event a dispute arises which the project DISTRICT shall have inspection and audit rights as. managers cannot resolve between themselves, the follows: parties shall have the option to submit to non-binding mediation. The mediator or mediators shall be A. Maintenance of Records: The COUNTY impartial, shall be selected by the parties, and the cost shall maintain all financial and non- [mancial records of the mediation shall be borne equally by the parties. and reports directly or indirectly related to the The mediation process shall be confidential to the negotiation or performance of this AGREEMENT extent permitted by law. including supporting documentation for any service rates, expenses, research or reports. Such records shall 6.4 The DISTRICT may order that all or part of the be maintained and made available for inspection for a work stop if circumstances dictate that this action is in period of five years from completing performance and the DISTRICT's best interest. Such circumstances receiving final payment under this AGREEMENT. may include, but are not limited to, unexpected technical developments, direction given by the B. Examination of Records: The DISTRICT DISTRICT's Governing Board, a condition of or its designated agent shall have the right to examine immediate danger to DISTRICT employees, or the in accordance with generally accepted governmental possibility of damage to equipment or property. This auditing standards all records directly or indirectly provision shall not shift responsibility for loss or related to this AGREEMENT. Such examination may damage, including but not limited to, lost profits or f be made only within five years from the date of final consequential damages sustained as a result of such payment under this AGREEMENT and upon delay, from the COUNTY to the DISTRICT. If this reasonable notice, time and place. provision is invoked, the DISTRICT shall notifY the COUNTY in writing to stop work as of a certain date C. Extended Availability of Records for Legal and specify the reasons for the action, which shall not Disputes: In the event that the DISTRICT should be arbitrary or capricious. The COUNTY shall then be become involved in a legal dispute with a third party . obligated to suspend all work efforts as of the effective arising from performance under this AGREEMENT, I date of the notice and until further written direction the COUNTY shall extend the period of maintenance from the DISTRICT is received. Upon resumption of for all records relating to the AGREEMENT until the work, if deemed appropriate by the DISTRICT, the final disposition of the legal dispute, and all such f Page 4 of 10, Exhibit "B" Contract File:\County.doc 06/06/06 "....--.""'........ -w<l "'W. ~f. ,..",__p'", ,.,..."",.--_..-"...."'""""'..'_,.'~_"".' T 1"11'1 _ , ,,-,,,,,,,,,,,,,,,,,,,,,,,,,,,,""",,'.""'" ,.','," "'"""'''~'';''~''~'~~'--," ----......,,--- ! 8 SOUTH FLORIDA WATER MANAGEM~NT DISTRICT EXHIBIT "B" 16C' 1 GENERAL TERMS AND.CONDITIONS records shall be made readily available to the 7.4 Any equipment purchased by the COUNTY DISTRICT. with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the 7.2 The DISTRICT shall retain exclusive title, COUNTY · to the DISTRICT immediately upon copyright and other proprietary rights in all work items, tennination or expiration of this AGREEMENT including but not limited to, all documents, technical upon the written request of the DISTRICT not less reports, research notes, scientific data, computer than thirty (30) days prior to AGREEMENT programs, including the source and object code, expiration or termination. Equipment is hereby which are developed, created or otherwise originated defined as any non-consumable items purchased by hereunder by the COUNTY, its subcontractor(s), the DISTRICT with a value equal to or greater than assign(s), agent(s) and/or successor(s) as required by $500.00 and with a normal expected life of one (1) the Exhibit "C", Statement of Work (the "Work"). In year or more. The COUNTY will maintain any such consideration for the DISTRICT entering into this equipment in good working condition while in its AGREEMENT, and other good and valuable possession and will return the equipment to the consideration the sufficiency and receipt in full of DISTRICT in good condition, less normal wear and which is hereby acknowledged by the COUNTY, the tear. The COUNTY will use its best efforts to COUNTY hereby assigns, transfers, . sells and safeguard the equipment throughout the period of otherwise grants to the DISTRICT any and all rights perfonnance of this AGREEMENT. However the it now has or may have in the Work (the "Grant"). DISTRICT will not hold the COUNTY liable for This Grant shall be self-operative upon execution by loss or damage due to causes beyond the COUNTY's the parties hereto, however the COUNTY agrees to reasonable control. In the event of loss or damage, execute and \ deliver to the DISTRICT any further the COUNTY shall notifY the DISTRICT in writing assignments or other instruments necessary to within five (5) working days of such occurrence, evidence the Grant, without the payment of any additional consideration by the DISTRICT. The 7.5 The DISTRICT has acquired the right to use COUNTY may not disclose, use, license or sell any certain software under license from third parties, For work developed, created, or otherwise originated purposes of this AGREEMENT, the DISTRICT hereunder to any third party whatsoever. This may pennit the COUNTY access to certain third paragraph shall survive the tennination or expiration party o~ed software on DISTRICT computer of this AGREEMENT. systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to 7.3 The COUNTY represents and warrants that reproduce, distribute or disclose such software to any proprietary software, if any, to be provided to the third party. Use of or access to such software shall be DISTRICT by the COUNTY hereunder, as restricted to designated DISTRICT owned systems specifically identified in Exhibit "C", Statement of or equipment. Removal of any copy of licensed Work shall have been developed solely by or for the software is prohibited. COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such ARTICLE 8 - STANDARDS OF . software. The COUNTY shall include copyright or COMPLIANCE proprietary legends in the software and on the label of the mediwn used to transmit the software. The 8.1 The COUNTY, its employees, subcontractors COUNTY shall grant to the DISTRICT a perpetual, or assigns, shall comply with all applicable federal, non-transferable, non-exclusive right to use the state, and local laws and regulations relating to the identified software without an additional fee. The performance of this AGREEMENT. The DISTRICT DISTRICT acknowledges that title to the software undertakes no duty to ensure such compliance, but will identified in Exhibit "C" shall remain with the attempt to advise the COUNTY, upon request, as to Licensor. any such laws of which it has present knowledge. . Page 5 of 10, Exhibit liB" Contract File:\County.doc 06/06/06 ~..~~, . ~l_ b-.-__~ --'" -.... ,,--~ ,,-,""~,- -... . ~._-"~...,....".-.,,,....,,," ,. ,,,......"-'~ ,-- I <8 SOUTH FLOlUDA W ATER MANAGEM~NT DISTRICT EXHIBIT "B" GENERAL TERMS AND CONDITIONS 16 C r"l 8.2 The COUNTY hereby assures that no person gift, or other consideration contingent upon or resulting shall be discriminated against on the grounds of race, from the awarding or making of this AGREEMENT. I color, creed, national origin, handicap, age, or sex, in For breach of this provision, the DISTRICT may this AGREEMENT. The terminate this AGREEMENT without liability and, at I any activity under COUNTY shall take all measures necessary to its discretion, deduct or otherwise recover the full effectuate these assurances. amount of such fee, commission, percentage, gift, or other consideration. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is 8.7 The COUNTY shall allow public access to all necessary for either party to initiate legal action project documents and materials in accordance with the regarding this AGREEMENT, venue shall be in the provisions of Chapter 119, Florida Statutes. Should the Fifteenth Judicial Circuit for claims illlder state law and COUNTY assert any exemptions to the requirements in the Southern District of Florida for any claims which of Chapter 119 and related Statutes, the burden of are justiciable in federal court. establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the 8.4 The COUNTY, by its execution of this COUNTY. AGREEMENT, acknowledges and attests that neither . it, nor any of its suppliers, subcontractors, or 8.7.1 Pursuant to Sections 119.07(3)(0), and consultants who shall perform work which is intended 240.241 Florida Statutes, data processing software to benefit the DISTRICT is a convicted vendor or has obtained by an agency under a license been placed on the discriminatory vendor list. If the AGREEMENT which prohibits its disclosure and COUNTY or any affiliate of the COUNTY has been which software is a trade secret, as defined in convicted of a public entity crime or has been placed Sections 812.081(c), Florida Statutes is exempt from on the discriminatory vendor list, a period longer than the disclosure provisions of the Public Records law. 36 months has passed since that person was placed on However, the parties hereto agree that if a request is the convicted vendor or discriminatory vendor list. The made of the DISTRICT, pursuant to Chapter 119, COUNTY further understands and accepts that this Florida Statute, for public disclosure of proprietary AGREEMENT shall be either void by the DISTRICT property being licensed to the COUNTY (Licensee) or subject to innnediate termination by the DISTRICT, hereilllder, the DISTRICT shall advise the in the event there is any misrepresentation or lack of COUNTY (Licensee) of such request and, as compliance with the mandates of Section 287.133 or between the DISTRICT and the COUNTY Section 287.134, respectively, Florida Statutes. The (Licensee), it shall be the COUNTY's (Licensee's) DISTRICT, in the event of such termination, shall not sole burden and responsibility to inunediately seek incur any liability to the COUNTY for any work or and obtain such injunctive or other relief from the materials furnished. Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed 8.5 The COUNTY shall be responsible and liable exemption illlder the Statute. for the payment of all of its FICNSocial Security and other applicable taxes resulting from this 8.8 The COUNTY shall make reasonable efforts AGREEMENT. to obtain any necessary federal, state, local, and other governmental approvals, as well as all necessary 8.6 The COUNTY warrants that it has not private authorizations and permits, prior to the employed or retained any person, other than a bona fide commencement of performance of this employee working solely for the COUNTY, to solicit AGREEMENT. A delay in obtaining permits shall or secure this AGREEMENT. Further the COUNTY not give rise to a claim by I the COUNTY for wanants that is has not paid or agreed to pay any additional compensation. If the COUNTY is illlable person, other than a bona fide employee working solely to obtain all necessary permits in a timely manner, for ihe COUNTY, any fee, commission, percentage, either party may elect to terminate this . Page 6 of 10, Exhibit "B" Contract File:\County.doc 06/06/06 "-.-'" , - lI!l.... ~----'-- _..._._"'-~_.~.". ,..,,-...-... . , ..".,~-_. , E) SOUTH FLOlUDA W ATER MANAGEM~NT DISTRICT EXHIBIT liB" 16C"t . GENERAL TERMS AND CONDITIONS AGREEMENT, each party to bear its own costs, is further understood that the COUNTY shall be the notwithstanding other prOVISIons of this employer of the staff provided pursuant to the AGREEMENT to the contrary. I AGREEMENT for all purposes under state and federal law and that the COUNTY's staff shall not be 8.9 Pursuant to Section 216.347, F.S" the eligible for any benefit programs the DISTRICT offers COUNTY is prohibited from the expenditure of any to its employees. All benefits available to the funds under this AGREEMENT to lobby the COUNTY's staff shall be exclusively provided by the Legislature, the judicial branch or another state agency. COUNTY or by the COUNTY's employee. 8.10 The DISTRICT is a governmental entity The COUNTY is solely responsible for compliance responsible for performing a public service and with all labor and tax laws pertaining to officers, agents therefore has a legitimate interest in promoting the and COUNTY employees and shall indemnify and goals and objectives of the agency. The work under hold the DISTRICT harmless from any failure by the . this AGREEMENT involves a project consistent COUNTY to comply with such laws. The with these goals and objectives. Consequently, the COUNTY's duties with respect to such personnel shall DISTRICT is desirous of satisfactorily completing include, but are not limited to, the following: and successfully promoting this project with the cooperation of its COUNTY. Therefore, as the 9.2.1 Billing, collection, pa}Toll services and tax DISTRICT'S COUNTY for this project, the withholding, and any other related services COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns 9.2.2 Providing insurance coverage pursuant to will refrain from acting adverse to the DISTRICT'S Article 5 of this AGREEMENT. legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to 9.2.3 Providing any and all employment take all reasonable measures necessary to effectuate benefits, including, but not limited to, annual leave, these assurances. In the event the COUNTY sick leave, paid holidays, health insurance, retirement determines it is unable to meet or promote the goals benefits and disability insurance. and objectives of the project, it shall have the duty to immediately notify the DISTRICT. Upon such 9.2.4 Complying with the Fair Labor Standards notification the DISTRICT, in its discretion, may Act, 29 U.S.C. 201, et.seq., including payment of terminate this AGREEMENT. overtime in accordance with the Act. ARTICLE 9 - RELATIONSHIP BETWEEN 9.2.5 Providing employee training for all THE PARTIES activities necessary for job performance, except those functions that are unique to the DISTRICT, in which 9.1 The COUNTY shall be considered an event, the DISTRICT, in its sole judgment and independent contractor and neither party shall be discretion, may provide training. considered an employee or agent of the other party. . Nothing in this AGREEMENT shall be interpreted to 9.3 It is the intent and understanding of the Parties establish any relationship other than that of that this AGREEMENT is solely for the benefit of the independent contractor between the parties and their COUNTY and the DISTRICT. No person or entity respective employees, agents, subcontractors, or other than the COUNTY or the DISTRICT shall have assigns during or after the performance on this any rights or privileges under this AGREEMENT in AGREEMENT, Both parties are free to enter into any capacity whatsoever, either as third-party contracts with ~ther parties for similar services. beneficiary or otherwise. 9.2 In the event that the COUNTY is providing staff 9.4 The COUNTY shall not assign, delegate, or who will be working on-site at DISTRICT facilities, it otherwise transfer its rights and obligations as set forth . Page 7 of 10, Exhibit "B" Contract File:\County.doc 06/06/06 ,,-'"'....,"~ -,,'......__._..~-,....._,.,',-..- r _."""" ....- 1'V "Of' " IW mlll' . -..,~ . R "",n'..' . '--'".,..^'''----~--,...,~,....,., "'-"'-""''''.'''''.''''"-- 8 SOUTH FLORIDA W ATER MANAGEM~NT DISTRICT . . . EXHIBIT "B" 16C" . 1 . GENERAL TERM:S AND CONDITIONS in this AGREEMENT without the prior written apply if the "Statement of Work" of this consent of the DISTRICT. Any attempted assignment AGREEMENT specifies that performance by in violation of this provision shall be void. COUNTY is specifically required during the occurrence of any of the events herein'mentioned. 9.5 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a 11.2 Any inconsistency in this AGREEMENT shall guarantor of payment or surety for any be resolved by giving precedence in the following AGREEMENT, debt, obligation, judgement, lien, or order: any form of indebtedness. (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit "B" General Terms and Conditions 9.6 The DISTRICT assumes no duty with regard to (c) Exhibit "C" Statement of Work the supervision of the COUNTY and the COUNTY (d) all other exhibits, attachments and documents shall remain solely responsible for compliance with all specifically incorporated herein by reference safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision ARTICLE 10 - MBE PARTICIPATION of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its 10.1 The COUNTY hereby aclmowledges that no rights or remedies, nor shall it relieve the other. party Minority Business Enterprises (MBE) participation from performing any subsequent obligations strictly in level has been established for this AGREEMENT; accordance with the terms of this AGREEMENT. No however, both parties agree to provide the other waiver shall be effective unless in writing and signed advance notice of competitive contracts that may by ~e party against whom enforcement is sought. Such result from this AGREEMENT along with timelines WaIver shall be limited to provisions of this for public notice and award of such contracts. In the AGREEMENT specifically referred to therein and event subsequent competitive contract awards do shall not be deemed a waiver of any other provision. result in MBE participation, such participation shall No waiver shall constitute a continuing waiver unless be reported to the other party. Both the COUNTY the writing states otherwise. and the DISTRICT will ensure compliance with the 11.4 Should provisions of their respective program, laws, any term or provision of this ordinances and policies and will support the other's AGREEMENT be held, to any extent, invalid or initiatives to the extent allowed by law, unenforceable, as against any person, entity or circumstance during the term hereof, by force of any ARTICLE 11 - GENERAL PROVISIONS statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other 11.1 Notwithstanding any provisions of this term or provision of this AGREEMENT, to the extent AGREEMENT to the contraIy, the parties shall not be that the AGREEMENT shall remain operable, held .liab1e for any failure or delay in the performance enforceable and in full force and effect to the extent of this AGREEMENT that arises from fires, floods, permitted by law. strikes, embargoes, acts of the public enemy, unusually 11.5 This AGREEMENT may be amended only severe weather, outbreak of war, restraint of Government, riots, civil cornmotion, force majeure, act with the written approval of the parties hereto. of God, or for any other cause of the same character 11.6 This AGREEMENT states the entire under- which is unavoidable through th~ exercise of due care and beyond the control of the parties. Failure to standing and AGREEMENT between the parties and . perform shall be excused during the continuance of supersedes any and all written or oral representations, such circumstances, but this AGREEMENT shall statements, negotiations, or contracts previously otherwise remain in effect. 1bis provision shall not existing between the parties with respect to the subject matter of this AGREEMENT. The COUNTY . Page 8 of 10, Exhibit "B" Contract File:\County.doc 06/06/06 .~ . . _"'4 - ...~"...e,_..,".,,_"__V"" ""''''__ IO'_~ ..... """,,,,".~.,.,, .-.- .' 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" 16C't. GENERAL TERMS AND CONDITIONS recognizes that any representations, statements or other warnings, against hazards. negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual 12.7 The COUNTY shall take reasonable . relationship unless they have been reduced to writing precautions for safety of, and shall provide reasonable and signed by an authorized DISTRICT protection to prevent damage, injury, or loss to: representative, This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their 12.7.1 employees on the work and other respective assigns, and successors in interest. persons who may be affected thereby; including pedestrians, visitors, or traveling public; ARTICLE 12 - SAFETY REQUIREMENTS 12.7.2 the work, materials, and equipment to 12.1 The COUNTY shall reqUIre appropriate be incorporated therein; whether in storage on or off personal protective equipment in all operations where the site, under care, custody or control of the there is exposure to hazardous conditions. COUNTY, or the COUNTY's subcontractors; and 12.2 The COUNTY shall instruct employees 12.7.3 other properties at the site or adjacent \ required to handle or use toxic materials or other thereto; such as trees, shrubs, lawns, walks, utilities, . harmful substances regarding their safe handling and pavement, roadways, structures, building, vehicles, use, including instruction on the potential hazards, ~nd equipment not designated for removal, relocation personal hygiene and required personal protective or replacement in the course of work. measures, A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the 12.8 The COUNTY shall provide fIrst aid services DISTRICT on each chemical product used. and medical care to its employees. 12.3 The COUNTY shall comply with the 12.9 The COUNTY shall develop and maintain an standards and regulations set forth by the effective fire protection and prevention procedures Occupational Safety and Health Administration and good housekeeping practices on the work site (OSHA), the Florida Department of Labor and throughout the AGREEMENT. Employment Security and all other appropriate federal, state, local or DISTRICT safety and health 12.10 Emergencies: In emergency affecting safety of standards. persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with 12.4 It is the COUNTY's sole duty to provide safe due diligence, to prevent threatened damage, injury, and healthful working conditions to its employees and or loss. those of the DISTRICT on and about the site of AGREEMENT performance. 12.11 Environmental: When the COUNTY, COUNTY's contractors, or subcontractors, use 12.5 The COUNTY shall initiate and maintain an petroleum products, hazardous chemicals, or any accident prevention program which shall include, but . other chemicals used on or about the site, the shall not be limited to, establishing and supervising COUNTY shall be responsible for handling these programs for the education and training of employees chemical constituents in accordance with federal, in the recognition, avoidance, and prevention of state and local regulations during the terms of the unsafe conditions and acts. AGREEMENT. For accidental discharges or releases onto the floor, air, ground, surface waters, . 12.6 The COUNTY shaH erect and maintain, as ground waters, it shall be the COUNTY's sole required by existing conditions and performance of responsibility to respond immediately to clean the I the AGREEMENT, reasonable safeguards for safety site, at his expense, to the complete satisfaction of and protection, including posting of danger signs and federal, state, local regulatory agencies and to the DISTRICT requirements. . Page 9 of 10, Exhibit "B" Contract File:\County.doc 06/06/06 ,~,._-----_..""--- - ,"",-"'",,,.,,,-~",,,,~,,,,,,~,,.~-.___ "I r'- ~'- ~II'_HI ".'-0", -.""_.....,;...,~~.1lI "",--",,"',.,-, -'--,"'- ....~..'o_.,,""'~___.,.,_""''';._ 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT EXHIBIT "B" 16C 11 GENE~ TERMS AND CONDITIONS 12.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the I COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. , t t . Page 10 of 10, Exhibit liB" Contract File:\County.doc 06/06/06 "'''_''H,,,,"", "'~,.,..- ,._-.....,._, ~.. ....---. .,",,-,--- ---'.."- 16C l' (I SOUTH FLORIDA WATER MANAGEMENT DISTRICT Contractor Policy Code Acknowledgement Name (Please Print) ContractIWork Order/Purchase Order (P.O.) # . I Contractors, Vendors and Consultants (hereafter referred to collectively as "Contractor(s)") 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, , (Contractor) acknowledge that I have received and reviewed the following: ./ 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 lobbying for 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 othflr 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 equipment or other resources 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 -<q'l' -~,-",.",. ~ . - , '_'.-";',.- ~"-'..,,,. '-- '~.""'~,~_..~""-.,- .- e 16C 1 SOUTH FLORIDA WATER MANAGEMENT DISTRICT . 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 'is duly licensed for use. ./' I understand the District will require virus-detection software in accordance with its own specifications, and I agree to comply. - ./ I indemnify and hold the District harmless from theft or damage incurred while on District properties or premises. Information or work products or related derivative works developed by me 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 ContractJWork Order/P.O. # Any violation of this Acknowledgement shall be considered a breach of the foregoing ContractJWork 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 ContractJWork 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. f Contractor Name (Print) Authotized Representative Name (Print) Signature Date Form 1148 (12/2005) Original - Contract File Copy - Contractor Page 2 of2 ,-~.."<._------, .."'",WW_".' ...~~.,,...,""'"- ..,-.-,........".-,. ....;".._,'''''''''-'''-,''''.,..,---".~.."".,..-'" --, -,,,-,,, ~.~--,-- loC 'f .,j , EXHIBIT "c' , · STATEMENT OF WORK COLLECTION AND ANALYSES OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY . I. INTRODUCTION AND BACKGROUND The natural flow of freshwater is crucial to the survival of the Big Cypress watershed and Everglades National Park as well as to preserving the integrity of the entire southwest Florida 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 tool used to identify problem areas and provide a clear understanding of baseline conditions. The monitoring initiatives detailed in this agreement continues the ~istrict's commitment to a unified sampling program developed in 1998 to provide data to address southwest Florida's water quality issues. This Cooperative Agreement between the South Florida Water Management District (District) and Collier County Pollution Control (County) details the collection and analysis of sixty one (61) surface water quality monitoring locations within Collier County. This monitoring program provides data to accomplish the following: development of water management strategies for the Big Cypress Basin watershed and adjacent coastal waters of Collier County, investigate effects of stonnwater runoff from the city of Immokalee on the Lake Trafford Environmental restoration project and permit compliance for the Picayune Strand hydrologic restoration project. II. 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 staff to additional legislatively mandated projects. III. 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, Tmmokalee 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 lof 24, Exhibit" C" to Agreement No. ML070554 -'''''~"'-''''''''''''''-"- --;""""""""-~ n 'r _....-,~.."."'"""H"_".;__,"""" OIl "'~ ~_'''''''_''''_'''_' ""'~,"_""'M."~"""""" -".....""..,,, -- "w"",~~.,..,.._;=..,,...~."_ 1. (i rc ." ~" . Southern Golden Gate Estates, coded SGGE, consists of seven (7) stations in the Picayune Strand , CERP project. These stations are sampled for permit compliance and are sampled during the wet season. The station names, descriptions, and Global Positioning System (GPS) coordinates for the three projects are listed in Table 1. The locations of all stations are depicted in Figures I and 2. The required water quality parameters along with sampling frequency for each project and parameter are listed in Table 2. Table 3 provides details of the In Situ field measurements to be collected for all stations in these three projects. I , . Page 20f 24, Exhibit" C" to Agreement No. ML070554 . ---.. .- ._,.-.......... ... . _lI' " , ."~ n w ~ .-. , ......".." "._"....,,"',""..... I """"""'_. ......,~"'_.._-"".",....~"',,'_.."'.;;""._-"- '~'.--'" 16C;t =~="'';;;;'':''~=...'':.O",,:::- N. ~. ..... .. ----- ---=---' :'='... -., -.~.'. "'......::..-. ---.=- '..~ '. '. .......... '.~. . . ~J"O!'~"'~~~ 'W~.-01;JUNE20vv .;:-=.:::~ - n. -:'~~':-~:=:f-- .. . _.... '~UJ!L '.. '.. .' ...~ 'i', . - . . COLLIER COUNTY :.B... '. .-' '.- ==-. ,.-c-.'~'af.':--.":..~.: :;.=..' .__...._*"*"".... WATER QUALITYSTA1l0NS "~,~K.......,,.. _ ,'"l~....._"'it.US1""'''''''>>-W.~... _ _ _,_ _ ._ _. 7'" ........_.._............,.......__.~.....:.- Figure 1. Location of CCWQ m1d IMKS monitoring sites · Page 30f 24, Exhibit" C" to Agreement No. ML070554 _,..~__ ._.....~ _~.____._"~__,.."d,_._._.,~ ; -_ - I _"" _"."''''''__'._ _...;;,.,_~>""".__ _' ~'.,.._'...h,"...,'.." _,"'~~"",'. '''''''''"'''_~ 16C t , , . Southern Golden Gate Estates Prairie Canal Surface Water Sites . SURFACE WATER SITE N w.' - CANALS - ROADS 0 ;1.5 5 s . Miles '" Figure 2. Location of SGGE monitoring sites . Page 40f 24, Exhibit" C' , to Agreement No. ML070554 ----"---,----,~.. " -~_.~~'~'^ ,-.- -*'-'._- ,,"',- --..".-' ~._--, __Ill -- WI' Ia ~ 16c~t Table 1. Site names and GPS coordinates for projects CCWQ, IMKS and SGGE CCWQ BARRNN Off dock at sheriff's substation on comer 255435.2 812148.5 US41 &CR29 CCWQ BCl . 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 Coun 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 814123.5 south ofUS4lE CCWQ BC7 FakaUnion Canal at west bend of"T" 255933.9 813118.5 CCW BC8 Merritt Canal at east bend of"T" 255935.9 812925.4 CCWQ BC9 Miller Canal at intersect ofI-75 260911.4 813318.9 CCWQ BClO FakaUnion Canal at intersect ofI-75 260611.3 810308.4 FAKAUC75 BCll - Merrit Canal at intersect ofI-75 260912.6 812926.3 CVO r,~ BC12 Prairie Canal at end of 82D Ave S.E. 260031.8 812729.2 BC13 Downstream of weir in Immokalee Rd 261623.1 814647.6 canal west of Palm River Blvd CCWQ BC14 Immokalee Rd Canal at intersection of 261621.6 814642.0 Palm River Blvd CCWQ BC15 Airport Rd Canal at entrance to Sam's 261615.9 814609.9 Club BC16 Bridge #84 on US41E 250519.6 811542.2 BC17 Bridge #86 on US41E 255235.0 811304.1 BC18 Bridge #73 on US41E 255507.2 812327.5 BC19 Bridge #69 on US41E 255537.1 812503.5 BC20 Bridge #52 on US41E 255739.7 813059.9 BC21 Bridge #55 on US4lE (TAMBR55) 255737.7 813000.8 BC22 Guaging station north of intersection US41 260325.6 814102.2 and Henderson Creek NDCRK BC23 Bridge at intersection of main Golden Gate 261013.2 814112.3 Canal & CR95! GGC 951 I CCWQ BC24 Bridge #30211 on SR29; 3 miles north of 261212.7 812047.3 1-75 CCWQ BC25 Bridge east of Oil Well Grade Rd on 261738.3 812845.9 CR858 in C Keais Strand CCWQ BC26 Intersection of 951 Canal and Immokalee 261620.7 814121.7 , Road Canal CCWQ CHKMATE Middle of Checkmate Pond Fakahatchee 260837.0 812321.4 Strand CCWQ COCAT41 Cocohatchee River @ US41 261605.7 814806.8 . Page Sof 24, Exhibit" C" to Agreement No. :.ML070554 , ----- - ---- 16C 1f - cCWQ COC@IBIS Bridge at intersection of Coconut Palm 261655J 814612.4 River and Ibis Way CCWQ COC@LAKE Bridge at intersection of Lakeland Ave. 261622.7 814535.6 and Cocohatchee River Canal CCWQ COCP ALM Bridge at intersection of Palm River Dr & 260140.0 814641.0 Coconut Palm River CCWQ CORK@846 Bridge at intersect of Corkscrew Canal & 261640.7 813603.7 CR846 I CCWQ CORKN Bridge just south of County line and USGS 262945.5 812713.9 ( I- 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 trailhead . \ CCWQ CORKSW Canal along tram road at southwest comer 263016.6 813339.7 of Corkscrew Swamp Sanctuary CCWQ ECOCORIV East ofWCOCORIV site at amil gate 261620.3 814702.3 CCWQ FAKA Gauging station N of weir @ intersect of 255737.8 813034.2 US41/FakaUnio'n Canal CCWQ FAKA858 8 side of bridge @ FakaUnion Canal and 261734.4 813146.7 - CR85S . . . CCWQ F AKAUPOI FakaUnion Canal @ entrance to Port of the 255721.4 813037,8 Islands marina CCWQ GATOR N side of bridge 105 on US41E 255035.1 805503.7 CCWQ GGC@858 Bridge @ intersect of Golden Gate Canal 261735.9 813342.3 and CR8S8 CCWQ GGCA T31 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 & Lely 262119.3 814442.3 Main Canal CCWQ MONROE Bridge 30096 @ intersect ofUS41 255148.9 810604.2 & Loop Rd CCWQ OKALA858 Okaloacoochee Slough crossing on 261817.4 811731.4 CR858 CCWQ T AMBR90 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 f' IMKS IMK6STS Second culvert S of Main St on 6th 262503.9 812519.70 \ 81. S in Immokalee IMKS IMKMAD Gopher Ridge Rd. entrance to Gopher 262548.9 812440.81 Ridge Grove at the end of Alachua Rd. Canal/bridge is located just before vehicle spray/wash area at grove entrance. Page 60f 24, Exhibit'" C" to Agreement No. :rv.rr...070554 ,-,_.".,.._--- . .-. ",...-"".. "'_........... l""-'~....~.,, ",....., ..-,,~.,"~.._."-- ".~, 16C l' " . IMKS IMKBRN First bridge over canal on US29 S 262432.57 812352.24 , of convergence ofNW and N 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 gate. SGGE SGGE5SW Surface water site at Prairie Canal and 260835.4 812810.5 Transect 1 SGGE SGGE10SW Surface water site at Prairie Canal and 260635.3 812834.4 Transect 2 SGGE SGGEllSW Surface water site at Prairie Canal and 260535.1 812738.8 Transect 2 SGGE SGGE 16SW Surface water site at Prairie Canal and 260318.2 812818.5 Transect 3 SGGE SGGE17SW Surface water site at Prairie Canal and 260251.3 812628.8 Transect 3 SGGE SGGE22SW Surface water site at Prairie Canal and 260138.1 812841.Q Transect 3 SGGE SGGE23SW Surface water site at Prairie Canal and 260225.5 812747.7 Transect 4 I . Page 70f24, Exhibit" C" to Agreement No. ML070554 . .. 16C 1 . Table 2. Parameters and fre uenc of collection for ro' ects CCW , Il\1KS and SGGE Ammonia EPA 350.1 0.01 mg/L Monthly Monthly Flow BOD SM5210 B 2 mg/L Monthly Monthly Flow Color EPA 110.2 5 pcu j Monthly Monthly N/A Hardness SM2340 B 1.0 mg/L Quarterly Monthly Flow Nitrate (N03) (NOx-NO;f 0.01 mg/L Monthly N/A Flow Nitrite (NOz) SM4500 NOz B 0.002 mg/L Monthly N/A Flow - Sodium*** SM3111B 1. 7 mg/L Quarterly N/A N/A NOX EPA 353.2 0.01 mg/L Monthly Monthly N/A OP04 SM 4500 PE 0.004 mg/L Monthly Monthly Flow - -' TDS SM 2540C 2.0 mg/L Monthly N/A Flow TKN SM 4500 0.04 mg/L Monthly Monthly Flow NorgD TOC EPA 415.1 0.32 mg/L Monthly N/A N/A TP SM 4500 PE 0.004 mg/L Monthly Monthly Flow TSS SM 2540 D 2.0 mg/L Monthly Monthly Flow Turbidity SM 2130 B 0.10 NTU Monthly N/A N/A Chlorophyll-a SM 10200 H 3.0 mg/mJ Monthly N/A Flow Phaeophytin SM 10200 H 3.0 mg/m3 Monthly N/A Flow Fecal Coliform SM 9222D 1 cfuJ100ml Monthly N/A N/A - - Total Coliform SM 9222B 1 cfuJ100ml Monthly N/A N/A Alkalinity SM 2320B 1. 0 mg/L Quarterly N/A Flow Calcium SM31l1B 0.05 mg/L Quarterly Monthly Flow Chloride SM 4500 CI-E 1.0 mg/L Quarterly N/A N/A -I- Fluoride SM 4500 F-C 0.05 mg/L Quarterly N/A N/A Magnesium SM 3111 B 0.007 mg/L Quarterly Monthly Flow Manganese EP A 200.8 0.39 ug/L N/A N/A Flow (Mn) Dissolved Silica SM 4500Si-C 1.0 mg/L Quarterly Monthly Flow Sulfate EPA 375.4 1.0 mg/L Quarterly Monthly Flow Arsenic EPA 200.8 (As) 1.0ug/L Quarterly Monthly N/A Cadmium EP A 200.8 (Cd)- 0.1 ug/L Quarterly N/A N/A Chromium EP A 200,8 (Cr) 2.0 ug/L Quarterly Monthly I N/A Copper EP A 200.8 (Cu) 1.0ug/L Quarterly Monthly N/A Iron SM3111B 120 ug/L Quarterly N/A Flow Lead EPA 200.8 (Pb) 1.0ug/L Quarterly Monthly N/A Zinc EPA 200.8 (Zn) 20 ug/L Quarterly Monthly N/A *Laboratory must obtain this MDL or a lower value **Frequency is six sample everlts during the wet season from May through October when there are optimum conditions for flow (no stagnant or ponded water samples). ***This parameter will only be collected at the GATOR site under project CCWQ I Page 80f 24, Exhibit" C" to Agreement No. .ML070554 --_._~--""--~._._--_._----_.._"-_.-------_.- 16C 1 , Table 3. In Situ parameters, analytical methods, reporting units and accuracy limits SM 4500-H+ B +/- 0.2 H units f FDEP SOP FTI500 +/- 0.3 mgIL of saturation chart SM 4500-0 G attem FDEP SOP FTI200 ,.nnhos/cm +/- 5% of the true value of the SM 2510 A KCI standard FDEP SOP FTI400 Oc +/- 0.2 Oc SM 2550 B Salinity FDEP SOP FT1300 ppt NA SM 2520 B D th meters 0.01 meter IV. WORK BREAKDOWN STRUCTURE , Task 1: General Quality Assurance/Quality Control (QNQC) Requirements All sampling and analytical protocols shall follow the Florida Department of Environmental Protection (FDEP) Quality Assurance Rule 62-160 Florida Administrative Code (F.A.C.). The County shall follow the FDEP standard operating procedures (SOP's) for sample collection. Any variance shall be approved by FDEP and must be pre-approved in writing by the District Project Manager prior to implementation. The County shall submit a Field Quality Manual (FQM) for District approval within 1 month of contract execution and shall be responsible for following the requirements under F.A.C. 62-160 (FDEP Quality Assurance Rule). It is required that the FQM shall be kept current with FDEP SOP updates as they occur and the updated FQM shall be submitted to the District for an annual review if there are any changes. This FQM shall summarize the quality system that will be implemented in sample collection. Through this FQM, the County shall explicitly commit to incorporating procedures that will reduce systematic errors within specified tolerable limits. In addition, the County shall document Quality Control (QC) procedures and evaluate the quality ofthe 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 of Rules 62-160.220, and 62-160.330, F.A.C and approved by the District Project Manager. . The County's laboratory shall be National Environmental Laboratory Accreditation Program (NELAP) accredited (primary or secondary) with the Florida Department of Health (FDOH) Page 90f 24, Exhibit" C" to Agreement Net. ML070554 ",.~_...~_._-",. "._,.,...~....- --,.,....".. ,..~.,.,...._...,_"";,,_"''''';.....___~IIlI_'''-_...... ".~..- . -"..- ......,...."_..... ~. " 16C 1 under Chapter 64E-l, F.A.C., where such certification is required by Rule 62-160.300, F.A.C. The laboratory shall be certified for all specific method/analyte combinations that are analyzed for all three projects (CCWQ, Th1KS, SGGE). Alternate laboratory methods may be used only after they have been approved according to the requirements of Rules 62-160.220, and 62- 160.330, F.A.C and approved by the District Project Manager. An updated NELAP approved Laboratory Quality Manual (LQM) and NELAP certificates shall be submitted to the District within one month of contract execution. Any changes or updates to the Quality Manual must be provided to the District within 1 month of the effective date of the update. The County's laboratory shall notify the District Project Manager immediately if it or its subcontractor loses certification for any parameter(s) analyzed for this contract and work may only be continued at the discretion of the District Project Manager. 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 shall 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 and/or 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 (I), . Verify that the method blank recoveries are <MDL. If not, qualify data results with concentrations falling between the PQL and MDL with a (1), . 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 generally 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, complete and organized so as to allow reconstruction of both collection and analysis in the event of legal proceedings. The County shall provide all data associated with the analyses to the District. The District may , Page lOof 24, Exhibit" C" to Agreement No.l.\1L070554 . ,".<.,c","^~~".,,,,,,.,,,,,,,,, T"".'_-~"-''^ - __'_""'_'."'.M'~""" ... l___"'_','_...._'__ -"""....'"...,...._-'~,..-,",...."""-"";."''''"'''''''''_.-.......'-'""..- ~..~.,..... """.,.--- " 16C 1 refuse payment for data that do not meet the County's or DistrictlFDEP quality assurance/quality control criteria. Task 2: Data Transfer Data Format for Deliverables I The data shall be submitted to the District in a specific digital format. The County shall evaluate the data in accordance with the data quality objectives stated in the FQM. All data submittals shall conform to existing District guidelines or other format. as requested by the District. It is strongly recommended that the County maintain an on-site electronic database of all data collected throughout the life of the project. For all sample matrices, the data shall be submitted in electrornc formats on CD. Laboratories working under direct contract for the District shall be requested to implement Automatic Data Processing Tool (ADaPT), which will be provided by the District. Laboratory Receipt and Result Electronic Data Deliverables (EDD) shall be required to be ADaPT submittals. ADaPT is: A Microsoft ACCESS based electronic data deliverable (EDD) review and validation tool program adopted by both FDEP and the District. This tool aids in processing analytical data, validating format and completeness, checking the data quality and compliance with the method and data quality objectives for all analytical data submitted to the District. The District requires laboratories to utilize the ADaPT software to perform its own automated data review soon after analysis is complete. The laboratory version reads the EDD, checks it against the EDD specifications and against an electronic Quality Assurance Project Plan library for errors. If any error is found it allows and facilitates its correction. After all errors are corrected, it allows for the EDD to be exported as a .txt or .csv file to be delivered to the District QNProject 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 l quarterly reports following the format guidelines in Table 5. When District staff detects problems with sample results, the District will notify the County in writing. The County shall identify probable cause(s) of the problem(s) and submit a written response to the District within two (2) weeks. The District reserves the right to request changes in data format during the duration of the contract. I I Laboratory Receipt Deliverable Upon receipt of samples at the laboratory, the County shall generate a laboratory receipt file for delivery to the District's QA unit. This file will be forwarded to the District monthly. The laboratory receipt file fonnat will be verified through ADaPT. The Comity shall forward the verified version of the receipt file generated by tl].e ADaPT software to a pre-determined list of District staff which will include the District's Project Manager. The file naming convention should be "An + Contractor FDOH ill + Date (YYYYMMDD) generated + sequence, e.g. A- E12121-2001l201-1. The District will provide the County with a list of recipients for this email Page llof 24, Exhibtt ., C" to Agreement No. :ML070554 ^'~,,- - - -- "'" ~ __"-_C"~"'''_''....'''n~'''''''.'''''''' ~ ..",,,..,>,.,,,._'-.._-0 ~.,=---- 16C 1 notification. . Laboratory Results Deliverable The County shall perform analysis and provide results in the format outlined in Table 5. The EDD file shall be verified by the County for format and project requirements using ADaPT. The County ~hall correct errors or inconsistencies found by Adapt during data review prior to submission to the District. Any unresolved issues are documented through the ADaPT tool. The EDD shall include data for samples submitted to the County as well as laboratory quality control samples for method blanks, laboratory control samples, matrix spikes, matrix spike duplicates or duplicate samples. EDD's shall be submitted with the quarterly report and are due within 60 days after the end of the quarter. Field Data Deliverables All field in-situ measurements should be submitted to the District with the quarterly reports in a separate EDD. All data submittals must conform to the following guidelines or other format as desired by'the District as shown in Table 4 and include the following: 1) Field data deliverables must be submitted to the District Project Manager on a CD, using a consistent file naming convention, i.e.. XXX-20011201-1.CSV (laboratory name + date (YYYYM:MDD)+ sequence number). 2) All data files shall be submitted in ASCn comma delimited format. 3) Character fields that may contain commas shall be enclosed by quotation marks. 4) The Contractor shall report all required fields in the data file, in the order in which they appear as described in the table below. Files will not be accepted with missing information. 5) All field positions are required. If there is no value for a field, a comma shall still be placed in the file to represent that position. For example: Field 1, Field 2, Field 4. Field 3 has no value but the position is still represented by having two commas. 6) Contractor shall not report any data for missing results (0, -99, or blank). Files should be in ASCn type in a comma delimited format. The :fields and the required order are describ~ below. I Page 120f 24, Exhibit" C" to Agreement No.1v.1L070554 . - --".-"-.., --".."";^-,-",~"~......._~~.,..""",".,~~~---_.~",_.",,...",."......,,_....,... .. .~."".,,-- -------.--- -..,,..-,......""'" loC 1 Table 4. Format for Field Data Deliverable Lab (LIMB) Number * 1 to 13 characters L2555-20 Field Number * 1 to 13 characters P1233-3 Proj ect code * 1 to 8 characters MBLS Sampling Date * 8 digits Y"YYYMMDD 20000119 Sampling Time * 4 digits HHMM (Military) 1305 Station Code * 1 to 10 characters MBLS 18 Sample Type 1 to 10 characters (Laboratory QC SAMP, EB, FB sam les would be identi here) Program Type 1 to 4 characters MON, EXP Collect Method 1 to 4 characters G, ACF, ACT Matrix 1 to 4 characters SW , GW, BFI Sampling Depth (m) * 1 to 4 digits 0.5 Parameter Name * 1 to 30 characters TP04, TKN, OP04 Storet Code 5 digits. If code is <5 digits, then 665 leadin zeros must be used Method Name 1 to 20 characters (EP A or EP A SM4500PF acce ted SOP # Analysis Date * 8 digits YYYYMMDD 20000120 Analysis Time * 4 digits HHMM (Military) 1400 Practical Quantitative Limit 9 digits total, 4 decimals (F9.4) 0.016 Method Detection Limit * 9 digits total, 4 decimals (F9.4) 0.004 9 digits total, 4 decimals. For result Result * values that are below detection limits, 005 the result value shall equal negative . MDL and the remark code shall be U. Units * 1 to 8 characters mgIL Batch 1 ~o 13 characters used toYnk sample 10 or WG100 WIth laborato C submItted 1 to 3 Characters ( as specified in Remark Code District flagging criteria U documentation . 1 to 240 characters (no commas in Large amount of Comments between comments) Laboratory QC suspended solids samples shall use this field to indicate in the sample the ori inal sam Ie s ike or du licate. . + Page Bof 24, Exhibit" C" to Agreement No. :ML070554 ~._------~.,,-_._.----_._,---- 16.C 1~ Project Library I An electronic project library shall be generated by the County to document project specific requirements. The library is created using ADaPT. The DistriCt Project Manager or assigned staff will review, approve and maintain the electronic project library prior to use. This library will be used by the County and District staff during EDD error check and data validation process. Any changes in laboratory protocols that affect the project library need to be communicated to the District and once approved incorporated in the project library. Task 3: Surface Water Sample Collection, Analyses and Data Deliverables for Projects CCWQ and IMKS The 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 0.3m below the surface when the total water depth is 1.5 meters or greater and bottom readings when total depth is also 1.5 meters or greater. Surface and bottom measurements of pH, DO, salinity, specific conductivity and temperature will be measured at all CCWQ and IMKS stations whenever the depth of water exceeds 1.5 meters, to determine if there is stratification. If the depth of water is less than 1.5 meters, only surface measurements are collected. Stage recordings (staff gauge readings) shall be noted for sites where this instrumentation is available. Task 4: SGGE Surface Water Sample Collection The seven (7) SGGE sites identified in Table 1 shall be visited during the wet season generally from May to October. Sampling is not to exceed six (6) events per year and SGGE sites are to be sampled only when there is sheet flow occurring across a sampling location as outlined in the Picayune Strand's Water Quality Monitoring Work Plan. A sample trip will be scheduled only after observations confirming flow conditions are made at SGGE sites during a CCWQIIMKS water quality monitoring event. Flow observations combined with rainfall events must provide reasonable assurance that adequate water levels will exist within the SGGE project area to justify a sampling event., This information shall be communicated with the District Project Manager for concurrence prior to scheduling a sampling event. The County will follow the methodology for determining flow as described in section 5.1.1 of the Water Quality Monitoring Work Plan for Picayune Strand. The methodology is as follows: "Flow will be determined by disturbing the sediment or .particulates away from (downstream and downwind) the designated sample site. Using a white or light -colored, opaque piece of plastic (such as the underside of a secchi disk) placed at least six inches below surface in the disturbed area, flow will be determined visually by any evidence of Page 140f 24, Exhibit" C" to Agreement No. ML070554 ,.."'''''''------.~-.. _..._...""~,,,...$ __""W" .' ""'"._~'_'_'''''''"' ... .... '1""--"""'''~^''''"''''''''-'''''''~''I!IOlQIM-~ _. ' ~,-,~.--,.,,' ,'"n',_ .....--....,--,-- . 16C I' 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 deliverable requirements listed in Task 1 and 2. Sampl.es shall not be collected ifthe water column is less than 10 em deep and shall be noted in the field notes. Task 5: SGGE Surface Water Sample Analysis and Data Deliverables All SGGE samples collected under Task 4 shall be analyzed by the County for the parameters listed in Table 2 and adhering to the requirements of Task 1 for laboratory analysis. Data deliverables 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). 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III III ~ I-' I-' Oz Z Z ><:00 o 0 ~tl ... . ... . ... ,... n n.. P 0 OZ Z lU ~ ~ q q ~ ~ III ~ >-j 1:" Z t< '1 Z :u t< ro- ro- '0 :u t< Z '1greg (1) III 0 (1)CD::lH-l'1 rD(1)O CD Ui ::lro.rt,Q::101 (1) 'd::lrt omITP LQ::l S::LQ t<01 OLQ tr;l olU:Te rt rt::l ro' ~ .lJJrD '1 rt::l 11 as I-' ::TfIlC 11::T><:O'I1 rt::TS::11 lJ),^1-' I-' (1) -0<: (1) 1-'0 ,'" 1/\ I-' ~I/\ '11JJ ~1/\1-'11 ~ <: I-' IJJ ~ ,...lU W N HI H-l (J1 rtro- IJJ W n IT~ (J1 0 0 00 01 l:I' :T CD (J1 Ii '1 roo '1::l CD ,..- HI '<: I · 0 P,..- () 1 H ><: :>i' rtlll 11l rnli o::l 11l :T 11 1l1l crt Ul lJ)'1 ~ 'd IllIJJ - lJ) III 0 1-'0 t'l'g ro- Ii ro- rt 0 0'1 ::l n ~ '1 Ort CD ro-II ~ p. ~ I fIl 'R]7 ",;".,,,-~,._. Task 6: Reporting 16C 1 Quarterly reports for data collected for projects CCWQ and IMKS shall be submitted within 60 days of the end of the reporting period (i.e. data for the period Jan. - March shall be submitted by May 31). The quarterly report shall also include project SGGE if it was sampled during the quarterly period. Quarterly reports shall include the following: 1) Identify activities undertaken during the reporting period 2) State any problems encountered (including missed samples) I 3) All analytical results and a statement to attest to the validity of the data 4) illclude all quality assurance statistics and reports (i.e. the results of field blanks, equipment blanks and precision as percent relative standard deviation). 5) Laboratory summary report (scanned in PDF format) which include: - report of analyses for each analyte or parameter per sample; - QC Report - % RPD/RSD, % MSDIMSDs/DUPs, % 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 minimum, include/discuss the following: I. Project Background (Introduction) . Purpose of monitoring project . Period covered by report n. 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/model . Describe how water samples collected (i.e. VanDorn, Niskin, Alpha bottles including type and capacity) ~ Laboratory Analysis . 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 QNQC information for monitoring period . ~ Problems Encountered . ill Table format, detail monitoring problems encountered during the reporting period (i.e. equipment failure, scheduling problems, etc). I Page 230f 24, Exhibit" C" to Agreement No. :ML070554 -----,'.---... -, ,..."" . <q' . ""__"'___r ---.-.....- ~ i ~".~~ ,- -----. . Include how these problems were resolved and what steps taken to 16 C J ensure they won't be repeated. Discuss delays due to hurricanes, i tropical storms, or other unforeseen events. m. Results and Discussions . Discuss any effects of climatological and hydrologic events (hurricanes, tropical storms, drought, etc.)on sampling during the , reporting period V. COUNTY IN-KIND SERVICES CONTRIBUTION The County shall contribute in-kind services which include field sampling services (equipment and personnel), 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 i or analysis of water quality data required for this Agreement. Expedient monitoring may be requested during or after unusual weather events that may affect water related resources. While every effort will be made to accommodate such requests, unscheduled monitoring will be conducted based on County staff availability and it is understood that some requests may not be fulfilled. j . . Page 24of24 , Exhibit" C" to Agreement No. :ML070554 f ...'--_...._'"=.~~- _""~.O;;;.."~..."""'^......"'".,,"'.,,_""',,..'. ~-'''-,-'"''''';._~"... ._..".__....~,.""..,,~-" . ....~'^ -,~-- . 16C 1 EXHIBIT "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. l The County shall invoice the District on a quarterly basis for Tasks 3 and 6. Tasks 4 and 5 for project SGGE shall be included with the quarterly invoice only if sampling events occur within the quarterly invoicing period since sampling is based on flow conditions. There will be no separate payment for Tasks 1 and 2. All electronic data deliverables and reports shall be submitted within 60 days of the end of the quarterly reporting period, (i.e. data for the months of January, February and March shall be submitted by May 31). All invoices shaUlist the deliverables submitted to the District and the reporting period the invoice covers. Upon receipt and acceptance of deliverables by the District, the District agrees to pay the County as specified below and in accordance with Exhibit "C". However, the District may refuse full payment for data that do not meet the County's or District/FDEP QAQC criteria. The total not to exceed consideration to be provided by the District under this agreement is $160,000.00 for FY07, $166,400 for FY08, and $173,056 for FY09. Payment and Deliverable Schedule in accordance with Exhibit' 'c' , Statement of Work Task Deliverable Description FY07 FY08 FY09 Payment Amount Payment Amount Payment Amount 1 General Quality Assurance/Quality $0 $0 $0 Control (QNQC) 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 Analyses and Data Deliverables for exceed $ 128,900/yr exceed $ 134,056/yr exceed $ 139,420/yr Projects CCWQ and IMKS 4 SGGE Surface Water Sample $1,100.00 per event $1,144.00 per $1,190.00 per Collection not to exceed six event 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 $6,760/yr total at $7,030/yr 6 ReportL.'1g $4,500/Qtr not to $4, 680/Qtr not to $4,866.50/Qtr not . exceed $18, no/yr exceed $18,000/yr to exceed $19,466/yr Total Payments per Fiscal Year $160,000 $166,400 $173,056 Page 10fl ,Exhibit" D" to Agreement No. ML070554 ^ . '. - --_.._..,--._,~_.__._._,--~-- -",._",~- -'_..~- ,.- ,._',".," -- ~..'- . KbiIfrCL . 16 C 1 0 IGINAL 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 3600001301-AOl AMENDMENT NO. 01 TO AGREEMENT NO. 3600001301 (ML070554) BETWEEN THE SOUTH FLORIDA WATER MAN:AGEMENT DISTRICI' AND ..---" :L. BOARD OF COUNTY COMMISSIONERS - COl.' .JF.R COUNTY MAR' 0 4 2009 This AMENDMENT NO.1, entered into on \:€b ~ \ ~ ~ to that AG dated September 21, 2006, between "the Parties," the South Florida Water Management Di (DISTRICT), and the Board of COWlty Commissioners (HOCC) - Collier County (COUNTY). WITNESSETH THAT: .' WHEREAS, the Parties entered into an AGREEMENT for the collection and analyses of surface water quality sampling in Collier County; and , WHEREAS, the AGREEMENT may be amended with the prior written approval of the Parties; and WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the Statement of Work, decrease the funding, and revise the Payment and Deliverable Schedule of the AGREEMENT; NOW TI:I:E;REFORE, the DISTRIcr and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: . n_ _." ... 1. This AMENDMENT NO. 01 shall be effective upon the date of execution by the Parties. 2. The monetary Consideration for the AGREEMENT is hereby decreased by an amount not-to- exceed Forty-three Thousand two Hundred Twenty-seven Dollars and No Cents ($43,227J)()) for Fiscal Year 2009. The total revised not-to-exceed AGREF;MENT amolDlt is Four Hundred Fifty-six Thousand Two Hundred Twenty-nine Dollars and No Cents ($456,229.00). 3. The Statement of Work, attached as Exhibit "e" to the AGREEMENT, is hereby amended in accordance with Exhlbit "C1", attached hereto and made a part of this AMENDMENT NO. ~l. 4. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "01", attached hereto and made a part of this AMENDMENT NO. 01. , Page 1 of 2. Amendment No. 01 to Agreement No. 3600001301 (ML070S54) I ....--.- ~----~..~ -",...- . '. 16C 1 ~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT ~ AMENDMENT , 5. The Agreement Number is hereby amended to 3600001301 (from ML070554) to correspond with the DISTRICT's new database. All future correspondence (notices, invoices, etc.) shall reference the new AGREEMENT Number. 6. All other tenns and conditions of the AGREEMENT. as amended, remain Wlchanged. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 01 on the date first written above. SOlITH FLORIDA WATER MANAGEMENT DISTRICf SFWMD PROC'lJREMENT APPROVED By~~ Date: /tJ /,!oF I BOCC - COLLIER COUNTY By: ~r>V-/ .J4~ ,. Do'nrra 'Fia la A.... Title: -~I IR I..... CLIRI Chairman ~.~ \c... "ppN";" '" I",,,, r. ~..",;..,,~ , "', ~~ .~ c-/'~~,~;.".~k1nlU , ,nhil_c...tr;; ='., .~.,._... ......:,. W - - l . \' I If . ; . : ~ "'.. .:",:~ : ..v ~ .,. ; ~~ :;.:\_~:..,.~:.'~;'.:;;::i_)': . ;'~': - ..... '.",.'. "$~ .' 'if . '; ~~!!\S~'({~;{+:~~~.; -4;) A ;.1.,"', ~~'''' "'t . ".If. r"'" Page 2 of2, Amendment No. 0 I to Agreement No. 3600001301 (1v.fL070554) _~__.",__.__.<'~"_.w_~__., ""''''''''' lol.".,,",_____,_ .._~,,_.__~.''''''''.....'" ---=" ----- . 16C 1 EXlDBIT "Cl" STATEMENT OF WORK COLLECTION AND ANALYSES OF SURFACE WATER QUALITY SAMPLES IN COLI~lER COUNTY This Amendment No. 01 is issued to: . Reduce the FY 2009 funding by $43,227; total FY 2009 budget is $129,829.00 . Eliminate the following analytical parameters: Fluoride, Total Colifonns and Total Dissolved Solids at the request of Collier C01.mty. All other deliverables (sampling locations and reporting) associated with Agreement No. 3600001301 shall remain intact Page 1 ofl, Exlubit "el" to Agreement No. 3600001301.AOl --.. --------.--_.. - ,.--".---..,.,"-.-... ..._......"...."_.~"-~<.,,.~ M._~._._._".."._., --~..-_., ..._~~-- _"__fi_.~.~_r_~__~ . 16C 1 . EXHIBIT "D1" PAYMENT AND DELIVERABLE SCHEDULE The Field Quality Manual, Laboratory Quality Manual and NELAP Certification identified in Task 1 shall be submitted within one (l) month of contract execution and no less than annually thereafter. The County shall invoice the District on a quarterly basis for Tasks 3 and 6. Tasks 4 and 5 for project 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 deliverables and reports shall be submitted within sixty (60) days of the end of the quarterly reporting period, (Le., data for the period January - March shall be submitted by May 31). All invoices shall list the deliverables submitt~ to the District and the reporting period the invoice covers. Upon receipt and acceptance of deliverables by the District, the District agrees to pay the Cotmty as specified below and in accordance with the Statement of Work. However, the District may refuse full payment for data that do not meet the County's or DistrictlFDEP QAQC criteria The total not-to- exceed consideration to be provided by the District Wlder this Agreement is $456.229.00 ($l~O.OOO.OO for FY07; $166,400 for PY08. and $129,829 for FY09). Task Deliverable Description FY07 FY08 FY09 Payment Am.ount Payment Amount P.yment Amount 1 General Quality Assurance/Quality $0 $0 $0 Control (QAlQC) Requirements 2 Data Transfer $0 $0 $0 3 Surface Water Sample Collection, S32,225IQtr not to $33,514/Qtr not to $26, 148.7S/Qtr not Analyses ond Data Deliverables for exceed S 128,900fyr exceed SJ34,OS61yr to exceed Projects CCWQ and IMKS S104,S95/yr 4 SGGE Surface Water Sample $1,100.00 JX'r event $1,144.00 per $892.66 per event Collection not to exceed six event not to exceed not to exceed six events at S6,600/yr six events at events at $.5,3S6Iyr S6,864/yr 5 SGGE Surface Water Sample $130.00 513520 $105.48 Analysis and Data Deliverables per sample not to per sample not to per sample DOt to exceed 50 samples at exceed 50 samples exceed 50 samples S6.S00/yr total at $6,760/yr total at $S,27 4/yr 6 Reporting $4,500/Qlr not to $4, 680/Qtr not to $3,651/Qtr not to exceed S 18,OOO/yr exceed S 18, 1201yr exceed $14,604/yr Total Payments per Fis.:al Year $160,000 $166,400 $129,829 Page I of I, Exhibit ''0 I" to Agreement No. 360000 i 30 I-AO I '[ 391 ..----- ....r '--""-'..'~" _..,--- ._.._---"'"---~-~,~-_..~........--- - r " .... -",.........__.',~>'>_.".""'...---