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Agenda 11/18/2014 Item # 16A1811/18/2014 16.A.18. EXECUTIVE SUMMARY Recommendation to approve Agreement No. 4600003150 with the South Florida Water Management District for the continued collection of ground water quality samples in Collier County. OBJECTIVE: To enter into this agreement with the South Florida Water Management District ( SFWMD) to continue an eight year partnership to collect groundwater samples in Collier County for up to $75,000. CONSIDERATIONS: This one year agreement provides that the County's Engineering & Natural Resources Department will monitor 45 ground water sites semiannually. This monitoring program provides data used in the development of groundwater management strategies for the Big Cypress Basin watershed. It's also being used to investigate effects of land use on ground water. Under the terms of this agreement, the SFWMD will provide the County up to $37,500 in FYI and up to $37,500 in FYI 6. FISCAL IMPACT: This Agreement will fund the County up to $75,000. Payments will be received from the South Florida Water Management District ( SFWMD) in May 2015 (FY15) and October 2015 (FY 16) based on completion of the County's required deliverables as specified in the Agreement. The revenue will be recognized in Water Pollution Control Fund 114 ($37,500 in FYI and $37,500 in FYI 6). LEGAL CONSIDERATIONS: This item is approved as to form and legality, and requires majority vote for Board approval. —SRT GROWTH MANAGEMENT IMPACT: The scope of the Agreement complies with and is consistent with the requirements of the Conservation and Coastal Management Element Objective 3.4 and the Natural Groundwater Aquifer Recharge Sub - element Objective 1.3 of the Growth Management Plan relative to groundwater quality monitoring. RECOMMENDATION: That the Board of County Commissioners approves the attached Agreement No. 4600003150 and authorize its Chairman to sign the Agreement, whereby the SFWMD will pay the County a total sum not to exceed $75,000 to collect ground water samples within the Big Cypress Basin. Prepared By: Rhonda J. Watkins, Principal Environmental Specialist Engineering & Natural Resources Department Attachment: Agreement No.4600003150 Packet Page -1127- 11 /18/2014 16.A.18. COLLIER COUNTY Board of County Commissioners Item Number: 16.16.A.16.A.18. Item Summary: Recommendation to approve Agreement No. 4600003150 with the South Florida Water Management District in the amount not to exceed $75,000 for the continued collection of groundwater quality samples in Collier County. Meeting Date: 11/18/2014 Prepared By Name: Danette Kinaszczuk Title: Manager - Pollution Control, Pollution Control 10/16/2014 8:35:23 AM Submitted by Title: Manager - Pollution Control, Pollution Control Name: Danette Kinaszczuk 10/16/2014 8:35:24 AM Approved By Name: LorenzWilliam Title: Director - CDES Engineering Services, Natural Resources Date: 10/18/2014 3:20:16 PM Name: WatkinsRhonda Title: Environmental Specialist, Principal, Pollution Control Date: 10 /21 /2014 12:52:00 PM Name: PuigJudy Title: Operations Analyst, Community Development & Environmental Services Date: 10/21/2014 1:51:23 PM Name: KovenskyKenneth Title: Manager Financial & Operational Support, Operations & Regulatory Management Date: 10/28/2014 9:57:02 AM Packet Page -1128- Name: TeachScott 11 /18/2014 16.A.18. Title: Deputy County Attorney, County Attorney Date: 10/28/2014 3:29:16 PM Name: MarcellaJeanne Title: Executive Secretary, Transportation Planning Date: 1 1/3/2014 1 1:35:56 AM Name: KlatzkowJeff Title: County Attorney, Date: 11/3/2014 2:19:16 PM Name: IsacksonMark Title: Director -Corp Financial and Mn,,-nt Svs, Office of Management & Budget Date: 11/4/2014 9:44:20 AM Name: OchsLeo Title: County Manager, County Managers Office Date: 11/6/2014 3:27:52 PM Packet Page -1129- 11 /18/2014 16.A.18. PO NO. 0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT LOCAL GOVERNMENTAL AGREEMENT BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and Board of County Commissioners of Collier County, Florida (COUNTY). WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida Statutes; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY to conduct Collection and Analyses of Groundwater Quality Samples; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for Collection and Analyses of Groundwater Quality Samples. 2. The period of performance of this AGREEMENT shall commence on December 1, 2014 and shall continue for a period of one (1) year terminating on November 30, 2015. 3. The total DISTRICT contribution shall not exceed the amount of $75,000.00. The DISTRICT shall make payment upon completion and acceptance of the deliverables as described in the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's payment is a Packet Page -1130- � C13 U Q t = t AGREEMENT NO. 4600003150 � a� LU cn BETWEEN THE ? �.l U SOUTH FLORIDA WATER MANAGEMENT DISTRICT -- c AND a. BOARD OF COUNTY COMMISSIONERS, COLLIER COUNTY, FLORIDA THIS AGREEMENT is entered into as of by and between the South Florida Water Management District (DISTRICT) and Board of County Commissioners of Collier County, Florida (COUNTY). WHEREAS, the DISTRICT is a government entity created by Chapter 373, Florida Statutes; and WHEREAS, the DISTRICT desires to provide financial assistance to the COUNTY to conduct Collection and Analyses of Groundwater Quality Samples; and WHEREAS, the COUNTY warrants and represents that it has no obligation or indebtedness that would impair its ability to fulfill the terms and conditions of this AGREEMENT; and NOW, THEREFORE, in consideration of the covenants and representations set forth herein and other good and valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: The DISTRICT agrees to contribute funds and the COUNTY agrees to perform the work set forth in Exhibit "A" attached hereto and made a part hereof, subject to availability of funds and in accordance with their respective authorities for Collection and Analyses of Groundwater Quality Samples. 2. The period of performance of this AGREEMENT shall commence on December 1, 2014 and shall continue for a period of one (1) year terminating on November 30, 2015. 3. The total DISTRICT contribution shall not exceed the amount of $75,000.00. The DISTRICT shall make payment upon completion and acceptance of the deliverables as described in the Payment and Deliverable Schedule set forth in Exhibit `B ", which is attached hereto and made a part of this AGREEMENT. The DISTRICT's payment is a Packet Page -1130- 11 /18/2014 16.A.18. reimbursement of actual expenditures and therefore is subject to adequate documentation to support actual expenditures within the not -to- exceed AGREEMENT funding limitation of $75,000.00. In no event shall the DISTRICT be liable for any contribution hereunder in excess of this amount. In the event the COUNTY is providing a cost sharing contribution as provided for in paragraph 5 below, the COUNTY shall provide evidence that its minimum cost share has been met for each invoice submitted. The subject cost share documentation shall be included with each invoice. If the total consideration for this AGREEMENT is subject to multi -year funding allocations, funding for each applicable fiscal year of this AGREEMENT will be subject to Governing Board budgetary appropriation. In the event the DISTRICT does not approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 4. The COUNTY shall submit quarterly financial reports to the DISTRICT providing a detailed accounting of all expenditures incurred hereunder throughout the term of this AGREEMENT. The COUNTY shall report and document the amount of funds expended per month during the quarterly reporting period and the AGREEMENT expenditures to date within the maximum not -to- exceed AGREEMENT funding limitation. 5. The COUNTY shall cost share in the total amount of the project in conformity with the laws and regulations governing the County. 6. All work to be performed under this AGREEMENT is set forth in Exhibit "A ", Statement of Work, which is attached hereto and made a part of this AGREEMENT. The COUNTY shall submit quarterly progress reports detailing the status of work to date for each task. The work specified in Exhibit "A" shall be under the direction of the COUNTY but shall be open to periodic review and inspection by either party. No work set forth in Exhibit "A" shall be performed beyond October 31, 2015 unless authorized through execution of an amendment to cover succeeding periods. 7. The COUNTY is hereby authorized to contract with third parties (subcontracts) for services awarded through a competitive process required by Florida Statutes. The COUNTY shall not subcontract, assign or transfer any other work under this AGREEMENT without the prior written consent of the DISTRICT's Project Manager. The COUNTY agrees to be responsible for the fulfillment of all work elements included in any subcontract and agrees to be responsible for the payment of all monies due under any subcontract. It is understood and agreed by the COUNTY that the DISTRICT shall not be liable to any subcontractor for any expenses or liabilities incurred under the subcontract(s). 8. Both the DISTRICT and the COUNTY shall have joint ownership rights to all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the other party, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exhibit "A ", Statement of Work. Both parties' rights to deliverables received under this Page 2 o­ ­0003150 �G Packet Page -1131- 11/18/2014 16.A.18. AGREEMENT shall include the unrestricted and perpetual right to use, reproduce, modify and distribute such deliverables at no additional cost to the other party. 9. The COUNTY, to the extent permitted by law, assumes any and all risks of personal injury, bodily injury and property damage attributable to negligent acts or omissions of the COUNTY and the officers, employees, servants and agents thereof. The COUNTY represents that it is self - funded for Worker's Compensation and liability insurance, covering bodily injury, personal injury and property damage, with such protection being applicable to the COUNTY, its officers and employees while acting within the scope of their employment during performance of under this AGREEMENT. In the event that the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. 10. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (1) denying to either parry any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 11. The parties to this AGREEMENT are independent entities and are not employees or agents of the other parties. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent entities, between the DISTRICT, the COUNTY, their employees, agents, subcontractors or assigns, during or after the term of this AGREEMENT. The parties to this AGREEMENT shall not assign, delegate or otherwise transfer their rights and obligations as set forth in this AGREEMENT without the prior written consent of the other parties. Any attempted assignment in violation of this provision shall be void. 12. The parties to this AGREEMENT assure that no person shall be excluded on the grounds of race, color, creed, national origin, handicap, age or sex, from participation in, denied the benefits of, or be otherwise subjected to discrimination in any activity under this AGREEMENT. 13. The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laves of which it has present knowledge. 14. Either party may terminate this AGREEMENT at any time for convenience upon thirty (30) calendar days prior written notice to the other party. In the event of termination, all funds not expended by the COUNTY for authorized work performed through the termination date shall be returned to the DISTRICT within sixty (60) days of termination. Page 3 of Packet Page -1132-'003150 11 /18/2014 16.A.18. 15. The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 16. The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights below. The COUNTY shall similarly require each subcontractor to maintain and allow access to such records for audit purposes: A. Maintenance of Records: The COUNTY shall maintain all financial and non- financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates, expenses, research or reports. Such records shall be maintained and made available for inspection for a period of five (5) years from the expiration date of this AGREEMENT. B. Examination of Records: The DISTRICT or designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five (5) years from the expiration date of this AGREEMENT. C. Extended Availability of Records for Legal Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute. All such records shall be made readily available to the DISTRICT. 17. Whenever the DISTRICT's contribution includes state or federal appropriated funds, the COUNTY shall, in addition to the inspection and audit rights set forth in paragraph 16 above, maintain records and similarly require each subcontractor to maintain and allow access to such records in compliance with the requirements of the Florida State Single Audit Act and the Federal Single Audit Act, as follows: A. Maintenance of Records: The DISTRICT shall provide the necessary information to the COUNTY as set forth in Exhibit "C ". The COUNTY shall maintain all financial /non - financial records through: (1) Identification of the state or federal awarding agency, as applicable (2) Project identification information included in the Catalog of State Financial Assistance (CSFA) or the Catalog of Federal Financial Assistance (CFDA), as applicable (3) Audit and accountability requirements for state projects as stated in the Single Audit Act and applicable rules of the Executive Office of Governor, rules of the Chief Financial Officer and rules of the Auditor General and the State Projects Compliance Supplement (4) Audit/accountability requirements for federal projects as imposed by federal laws and regulations (5) Submission of the applicable single audit report to the DISTRICT, as completed per fiscal year Page 4 of - '---'003150 Packet Page -1133- 11/18/2014 16.A.18. B. Examination of Records: The DISTRICT or designated agent, the state awarding agency, the state's Chief Financial Officer and the state's Auditor General and/or federal awarding agency shall have the right to examine the COUNTY's financial and non- financial records to the extent necessary to monitor the COUNTY's use of state or federal financial assistance and to determine whether timely and appropriate corrective actions have been taken with respect to audit findings and recommendations which may include onsite visits and limited scope audits. 18. All notices or other communication regarding this AGREEMENT shall be in writing and forwarded to the attention of the following individuals: South Florida Water Management District Collier County Attn: Joseph Schmidt, Project Manager Attn: Rhonda Watkins, Project Manager Attn: Sharman Rose, Contract Specialist Pollution Control Section 3301 Gun Club Road 2800 Horseshoe Dr. N. West Palm Beach, FL 33406 Naples, FL 34104 Telephone No: (561) 682 -2167 Telephone No. (239) 252 -6049 Email: shrose @sfwmd.gov Email: RhondaWatkins @colliergov.net 19. COUNTY shall send its invoices and any attachments to APInvoice(asiwmd.gov and a copy to the DISTRICT Project Manager. All invoices must reference the COUNTY's legal name as authorized to do business with the State of Florida; DISTRICT'S AGREEMENT Number and Purchase Order (PO) Number as specified on the cover /signature page of the AGREEMENT; a unique invoice number not previously used; date; a description of the services performed, and the amount to be invoiced. COUNTY shall: 1) submit invoices using a pdf file at a resolution of no less than 300 dpi; 2) name the pdf file with the COUNTY's name and the PO number, and 3) provide all required attachments with the invoice file. If email or pdf filing is not possible, the COUNTY must provide the above to the following address: South Florida Water Management District Accounts Payable P.O. Box 24682 West Palm Beach, FL 33416 -4682 COUNTY must submit its invoices in compliance with the requirements of this subsection and all other terms and conditions of this AGREEMENT in order to receive prompt payment by the DISTRICT as described in Section 218.70, F.S. COUNTY's failure to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services and/or deliverables may result in an unavoidable delay in payment by the DISTRICT. 20. COUNTY recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind DISTRICT in a contractual relationship unless they have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. 0 �J Page 5 of - ___003150 Packet Page -1134- 11/18/2014 16.A.18. 21. This AGREEMENT may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. A photocopy, electronic or facsimile copy of this AGREEMENT and any signatory hereon shall be considered for all purposes as original. 22. This AGREEMENT may be amended, extended or renewed only with the written approval of the parties. The DISTRICT shall be responsible for initiating any amendments to this AGREEMENT, if required. 23. This AGREEMENT, and any work performed hereunder, is subject to the Laws of the State of Florida. Nothing in this AGREEMENT will bind any of the parties to perform beyond their respective authority, nor does this AGREEMENT alter the legal rights and remedies which the respective parties would otherwise have, under law or at equity. 24. Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 25. Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the writing states otherwise. 26. Any dispute arising under this AGREEMENT which cannot be readily resolved shall be submitted jointly to the signatories of this AGREEMENT with each party agreeing to seek in good faith to resolve the issue through negotiation or other forms of non - binding altemative dispute resolution mutually acceptable to the parties. A joint decision of the signatories, or their designees, shall be the disposition of such dispute. 27. This AGREEMENT states the entire understanding and agreement between the parties and supersedes any and all written or oral representations, statements, negotiations, or agreements previously existing between the parties with respect to the subject matter of this AGREEMENT. 28. Any inconsistency in this AGREEMENT shall be resolved by following order: (a) Terms and Conditions outlined in preceding paragraphs 1 — 27 (b) Exhibit "A" Statement of Work (c) Exhibit `B" Payment and Deliverable Schedule (d) all other exhibits, attachments and documents specifically reference Page 6 o Packet Page -1135- 0003150 giving precedence in the incorporated herein by 11/18/2014 16.A.18. IN WITNESS WHEREOF, the parties or their duly authorized representatives hereby execute this AGREEMENT on the date first written above. SFWMD PROCUREMENT APPROVE By: ._-- Date: (O 02 (t.l- oA��✓ ATTEST DWIGHT E. BROCK, CLERK BY; SOUTH FLORIDA WATER MANAGEMENT DISTRICT 0 Dorothy A. Bradshaw, Procurement Bureau Chief BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA Title: Name of Authorized Individual Approved as to form and legality Scott R. Teach, Deputy County Attorney Page 7o-- -- .--1003150 Packet Page -1136- Q 11 /18/2014 16.A.18. EXHIBIT "A" STATEMENT OF WORK Collier County Collection and Analyses of Groundwater Quality Samples A. INTRODUCTION / BACKGROUND The natural flow and quality of groundwater is key to the survival of Collier County's water supply. The southwest coast of Florida has experienced the most rapid growth and development of any area in Florida over the past ten years. This growth has been in the form of both agricultural and urban- suburban development. A major concern of this rapid growth is its effect on ground water quality. Long -term, systematic monitoring is a powerful tool used to identify problem areas and provide a clear understanding of baseline conditions. This Agreement between the South Florida Water Management District (District) and Collier County Pollution Control (County) details the collection and analysis of groundwater at multiple locations within Collier County. This monitoring program provides data used in the development of groundwater management strategies for the Big Cypress Basin. It is also being used to investigate effects of land use on groundwater. B. OBJECTIVES The primary objectives of this Agreement are to continue to obtain data of acceptable quality to evaluate the water resources within the Big Cypress Basin, partner with a local government to execute a routine regional monitoring effort, and reduce District monitoring and laboratory work loads. C. SCOPE OF WORK The County shall collect and analyze groundwater samples semiannually from 42 established stations and three (3) random stations within the Big Cypress Basin, provide all data associated with the analyses of the groundwater samples to the District in a suitable format, and submit semiannual progress reports and a comprehensive final report which summarizes significant groundwater sampling results to the District. The work breakdown structure is presented below and provides the typical sampling, analyzing, transferring of data, and reporting tasks to be performed. The County shall make every effort to complete all tasks as described. However, it is recognized that weather conditions, equipment failures and site conditions can influence sampling programs and that samples may be missed due to inclement weather or unforeseen unsafe working conditions. The County shall notify the District Project Manager of any problems that occur to inhibit the collection or analysis of water Agreement 4600003150, Exhibit "A", Page 1 of 5 Packet Page -1137- �; 11 /18/2014 16.A.18. quality data required for this Agreement. The District may amend this contract for a time extension in the event of a natural disaster or major storm. 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. Tasks 1— 2: Collection and Analysis of Groundwater Quality samples with Control/Quality Assurance (QA/QC) Requirements The County shall collect and analyze groundwater samples semiannually from the 42 established and three (3) random stations listed in Table 1 (attached) and illustrated on Figure 1 (attached.) Project specific requirements for groundwater sample collections of physical variables, nutrients, major ions, trace metals, and biological parameters, as well as, the methods and minimum detection limits for all laboratory parameters are given in Table 2 (attached). All sampling and analytical protocols must follow the FDEP Quality Assurance Rule 62 -160 Florida Administrative Code (F.A.C.). The County must also follow the FDEP standard operating procedures (SOP's) for sample collection. Any variance must be approved by FDEP and pre- approved in writing by the District Project Manager prior to implementation. The County should submit a Field Quality Manual (FQM) for District approval within one month of contract execution and will be responsible for following the requirements under F.A.C. 62 -160 (FDEP Quality Assurance Rule). The FQM should be kept current with FDEP SOP updates as they occur and the updated FQM should be submitted to the District for an annual review if there are any changes. All field activities including on -site tests and sample collection must follow all applicable procedures described in FDEP- SOP - 001 /01 (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.0 and approved by the District Project Manager. The County's laboratory must be National Environmental Laboratory Accreditation Program ( NELAP) accredited (primary or secondary) with the Florida Department of Health (FDOH) under Chapter 64E -1, F.A.C., where such certification is required by Rule 62- 160.300, F.A.C. The laboratory must be certified for all specific method/analyte combinations that are analyzed for this project. 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.0 and approved by the District Project Manager. An updated NELAP approved Laboratory Quality Manual (LQM) and NELAP certificates should be submitted to the District within one month of contract execution. Any changes or updates to the LQM should be provided to the District within 1 month of the effective date of the update. The County's laboratory must notify the District Project Manager immediately if it or its subcontractor loses certification for any parameter(s) analyzed for Agreement 4600003150, Exhibit "A ", Page 2 of 5 Packet Page -1138- Ego 11 /18/2014 16.A.18. 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 should participate in Round Robin and laboratory performance evaluation and split sampling exercises at the District's request. The District may require copies of laboratory bench notes during audits and/or when necessary to evaluate data. If requested, the laboratory should 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 must not change analytical methodologies without prior written approval from the District. If the laboratory's proposed method is not listed in the approved LQM, an FDEP - approved Method Validation package must be provided. 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 the following specified criteria: • 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 (J), • Verify that field quality control samples (i.e. EB, FCEB, etc.) are <MDL. Blanks that do not pass this criterion are confirmed through rework; data for the blank and associated samples that may be affected are flagged. Values are generally considered affected if they are less than ( <) 10 x'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 also submit a semiannual progress report to the District following the dry season and wet season groundwater sampling efforts. Tasks 3 — 5: Data Transfer Data Format for Deliverables Data shall be submitted to the District in a specific digital format, and the County shall evaluate data in accordance with quality objectives stated in the FQM. All data Agreement 4600003150, Exhibit "A", Page 3 of 5 CA Packet Page -1139- 11 /18/2014 16.A.18. 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 must be submitted in electronic 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 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 QA 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 QA/Project Manager. Copies of the validation tools software (ADaPT) may be provided to the County upon request. Data for analysis conducted by the County must be provided to the District as EDDs with the annual reports following the format guidelines in Table 3 (attached). 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 weeks. The District reserves the right to request changes in data format during the duration of the contract. Laboratory Receipt Deliverable Upon receipt of samples at the laboratory, the County shall generate a laboratory receipt file for delivery to the District's QA unit. This file will be forwarded to the District monthly during months when samples are collected. The laboratory receipt file format will be verified through ADaPT. The County shall forward the verified version of the receipt file generated by the ADaPT software to a pre - determined list of District staff which will include the District's Project Manager. The file naming convention should be "A" + Contractor FDOH ID + Date (YYYYMMDD) generated + sequence, e.g. A- E12121- 20011201 -1. The District will provide the County with a list of recipients for this email notification. Field Data Deliverables All field in -situ measurements should be submitted to the District with the annual report. All data submittals must conform to the following guidelines or other format as desired by the District: Agreement 4600003150, Exhibit "A ", Page 4 of 5 Packet Page -1140- G 11/18/2014 16.A.18. • 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 (YYYYMMDD)+ sequence number). • All data files shall be submitted in ASCII comma delimited format. • Character fields that may contain commas shall be enclosed by quotation marks. • The Contractor shall report all required fields in the data file, in the order in which they appear as described in the Table 3 (attached). • Files will not be accepted with missing information. 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. • Contractor shall not report any data for missing results (0, —99, or blank). Laboratory Results Deliverable The County shall perform analysis and provide results in the format outlined in Table 4. The EDD file shall be verified by the County for format and project requirements using ADaPT. The County shall notify the District of any errors or inconsistencies found by ADaPT and the District will correct these errors. 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 should be submitted with the annual report. Project Library An electronic project library should be generated by the County to document project specific requirements. The library can be created using ADaPT. The District Project Manager or assigned staff may review, approve and maintain the electronic project library prior to use. This library should 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 6: Final Report The County shall provide a comprehensive final report to the District which summarizes significant groundwater sampling results from both dry season and wet season groundwater sampling efforts. Agreement 4600003150, Exhibit "A ", Page 5 of 5 Packet Page -1141- G 11 /18/2014 16.A.18. EDIT `B" DELIVERABLES AND PAYMENT SCHEDULE Collier County Collection and Analyses of Groundwater Quality Samples • The schedule set forth below is December 1, 2014 to October 31, 2015. • All deliverables submitted hereunder are subject to review and acceptance by the District Project Manager(s). Acceptability of all work will be based on the judgment of the District that the work is technically complete and accurate. • Payment shall be made following receipt and acceptance by the District of the Reimbursement Request Package(s) in accordance with the schedule set forth below. The County shall submit a reimbursement request upon completion of each Task noted below. If applicable, the County shall submit a final reimbursement request packages as noted in the table below. All reimbursement request packages shall be accompanied by adequate documentation to demonstrate completion of each Task in accordance with Exhibit "A ", the Statement of Work (SOW). • Reimbursement Request Packages shall include, but not be limited to, a copy of the County's invoice, signed certification letter for partial payment that the Task(s) is (are) complete per the SOW or that the project is complete per the SOW, copies of vendor invoices (pay applications), and any other documentation supporting payment. Reimbursement Request Packages shall adequately demonstrate completion of each Task in accordance with Exhibit "A ", the SOW. The District shall only be obligated to pay for documented actual FY2015 costs within the not -to- exceed amounts specified below. In the event actual costs by the County are less than the not -to- exceed amount for a particular Task, the County shall have the right to apply the unexpended balance toward another Task, unless the total current fiscal year cost has decreased. The County shall provide prior written notice of its decision to exercise this right to the District Project Manager(s). If the County does not exercise this right, the County agrees to amend the contract to revise the approved funding consistent with the original percentage to the lower cost. In no event shall the District's total obligation exceed the amount specified below for the total Agreement; however, an actual cost less than the estimated cost may result in a reduced final payment. The County is responsible for any additional funds either through local revenues, grants, other appropriations, and/or other funding sources. • Total payment by the District for all work completed herein shall not exceed the amount of $75.000. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Agreement No. 4600003150, Exhibit `B ", Page 1 of 2 CA Packet Page -1142- 11 /18/2014 16.A.18. Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeological data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager(s) to request one. Agreement No. 4600003150, Exhibit `B ", Page 2 of 2 Packet Page -1143- G Distriet Task Deliverable(s) Invoice Date Report Dire Date Not-To- Exceed Share Dry Season Semiannual Progress 1 Report and May 30, 2015 May 30, 2015 $37,500 Reimbursement Re uest Package Wet Season Semiannual Progress September 30, September 30, 2 Report and 2015 2015 $37,500 Reimbursement Request Package Monthly When 3 Laboratory Receipts N/A Samples are N/A Being Obtained 4 Field Data (EDD) N/A October 31, 2015 N/A 5 Laboratory Results N/A October 31, 2015 N/A 6 Final Report N/A October 31, 2015 N/A TOTAL $75,000 Note: If the project includes well drilling and testing, deliverables must include copies of all hydrogeological data collected in the course of drilling and testing, in the District specified format. An electronic copy of the District specified format is available via email. Contact the appropriate District Project Manager(s) to request one. Agreement No. 4600003150, Exhibit `B ", Page 2 of 2 Packet Page -1143- G 11/18/2014 16.A.18. FIGURE l: BIG CYPRESS BASIN MONITORING WELL LOCATIONS FIGURE 1 Collier County Groundwater Monitoring Locations Aquifer Water Table ® LowerTamami ® Sandstone • Mid•FlawtFrom SR 8? N A euoe„ - CR 845E GPacket Page -1144- 0_ -; Oil Well RD PIanRD Z. _ _...... 28th AVE SE - t, - -- y o 3 Wells 3 Wells - .__..._- - - -®. ... ... Lower Tamiarrd Lower Te niarrr !...... � J - Sandstone -Sandstone 9- Sabel Palm a � 41.1 AVE NW - Mid- Hawthom RD Mid- Hawthorn Goldaa GPacket Page -1144- Oil Well RD Z 28th AVE SE - t, - -- 781h AVE NE 3 Wells 3 Wells - .__..._- - - -®. ... ... Lower Tamiarrd Lower Te niarrr !...... � J - Sandstone -Sandstone 9- Sabel Palm T of Q � p - Mid- Hawthom RD Mid- Hawthorn Goldaa Gate BLV ::. Pidge RD- Y co Pace ST B'G.CYPRFggo GPacket Page -1144- Z 28th AVE SE - O -Radio RD ®ter-- . *Blankbum RD_. •..... - .__..._- - - -®. ... ... Sid AVE SE . � J 9- Sabel Palm T of Q � p RD Pace ST H LYNCH BLVD - N nry/ y �R O s [j �5 � 'C� h� D T N ° W E 0 2.5 5 Miles s GPacket Page -1144- TABLE 1: MONITORING WELLS 11 /18/2014 16.A.18. Well ,A(jiifer Latitude` -. Lmotnde C -00311 Mid - Hawthorn 25.91105 - 81.36497 C -00490 Lower Tamiami 26.22064 - 81.80033 C -00532 Water Table 26.49208 - 81.45983 C -00600 Lower Tamiami 26.09778 - 81.73861 C -00684 Mid - Hawthorn 26.29508 - 81.39593 C -00689 Sandstone 26.29505 - 81.39591 C -00966 Water Table 26.36077 - 81.34511 C -00974 Mid- Hawthorn 26.16137 - 81.5442 C -00976 Water Table 26.15453 - 81.64599 C -00977 Lower Tamiami 26.15452 - 81.64605 C -00984 Water Table 26.29373 - 81.48166 C -00985 Lower Tamiami 26.2938 - 81.48177 C -00986 Water Table 26.20078 - 81.34637 C -00989 Sandstone 26.29372 - 81.48137 C -00995 Water Table 25.95139 - 81.35944 C -00996 Water Table 26.15324 - 81.68628 C -01003 Lower Tamiami 26.24408 - 81.80065 C -01055 Water Table 26.21139 - 81.7373 C -01058 Lower Tamiami 26.26031 - 81.76972 C -01059 Water Table 26.26821 - 81.80244 C -01061 Water Table 26.21996 - 81.80025 C -01064 Lower Tamiami 26.02806 - 81.63269 C -01073 Lower Tamiami 26.29505 - 81.39591 C -01077 Sandstone 26.47508 - 81.36624 C -01078 Water Table 26.43239 - 81.45132 C -01080 Mid - Hawthorn 26.37474 - 81.60545 C -01097 Water Table 26.3011 - 81.59617 C -01100 Water Table 26.17306 - 81.77694 C -01275 Lower Tamiami 26.11571 - 81.68666 C -01276 Water Table 26.11574 - 81.68666 C -01277 Lower Tamiami 26.2303 - 81.5281 C -01278 Water Table 26.23032 - 81.52809 C -01283 Water Table 26.20519 - 81.54129 C -01286 Water Table 26.20546 - 81.5177 CCN1 Water Table 26.3122 - 81.8063 CCN3 Water Table 26.30889 - 81.81136 CCS 1 Water Table 26.15295 - 81.74298 CCS3 Water Table 26.13937 - 81.75182 GGW -1D Lower Tamiami 26.21467 - 81.6368 GGW -1S Water Table 26.21465 - 81.63684 GGW -4D Lower Tamiami 26.21369 - 81.58231 GGW -4S I Water Table 26.21356 - 81.58224 CAO Packet Page -1145- TABLE 1: MONITORING WELLS 11 /18/2014 16.A.18. 3 Random Private Potable wells c.an Packet Page -1146- TABLE 2: PARAMETER LIST 11 /18/2014 16.A.18. Parameter - nalytical Method l etht3d Detecti Limit* Frequency Temperature FDEP SOP FT1400 ± 0.2 mg/L °C Semiannually pH FDEP SOP FT 1100 ± 0.2 standard units Semiannually Specific conductance FDEP SOP FT1200 f 5% of the true value of the KCl standard Semiannually Dissolved Oxygen FDEP SOP FT1500 f 0.3 mg/L of saturation chart at Semiannually Depth to water level FDEP SOP FS2200 ± 0.01 feet Semiannually Alkalinity SM18 2320 B 1.0 mg/L Semiannually Ammonia EPA 350.1 0.01 mg/L Semiannually Arsenic EPA 200.8 (As) 1.0 ug/L Semiannually Barium EPA 200.8 (Ba) 2.6 ug/L Semiannually Bicarbonate Alkalinity SM20 4500 -CO2 D 2.0 mg/L Semiannually Cadmium EPA 200.8 (Cd) 0.1 ug/L Semiannually Calcium SM18 3111 B (Ca) 0.5 mg/L Semiannually Chloride SM 18 4500 -C1- E 1.0 mg/L Semiannually Chromium EPA 200.8 (Cr) 2.0 ug/L Semiannually Copper EPA 200.8 (Cu) 1.0 ug/L Semiannually Fecal coliform SM18 9222 D (M) 1 cfu/100ml Semiannually Fluoride SM18 4500 -F C 0.05 mg/L Semiannually Hardness- Calculated SM18 2340 B 1.0 mg/L Semiannually Iron SM18 3 111. 1 B (Fe) 120 ug/L Semiannually Lead EPA 200.8 (Pb) 1.0 ug/L Semiannually Magnesium SM18 3111 B (Mg) 0.07 mg/L Semiannually Manganese EPA 200.8 (Mn) 0.2 mg/L Semiannually Nickel EPA 200.8 (Ni) 2.4 ug/L Semiannually Nitrate NOX -NO2 0.01 mg/L Semiannually Nitrate/Nitrite (NOX) EPA 353.2 (Nitrate- Nitrite (N)) 0.01 mg/L Semiannually Nitrite (N) SM18 4500 -NO2 B 0.002 mg/L Semiannually Orthophosphate (P) SM18 4500 -P E (Orthophosphate) 0.004 mg/L Semiannually Potassium SM18 3111 B (K) 190 ug/L Semiannually Selenium EPA 200.8 (Se) 7.5 ug/L Semiannually Silver EPA 200.8 (Ag) 4.9 ug/L Semiannually Sodium SM18 3111 B (Na) 1.7 mg/L Semiannually Strontium EPA 6010 (Sr) 3.6 ug/L Semiannually Sulfate JEP A 375.4 1.0 mg/L Semiannually Sulfide ISM18 4500 -S E 0.8 mg/L Semiannually Packet Page -1147- CA) TABLE 2: PARAMETER LIST 11/18/2014 16.A.18. Parameter Analytical Mend ' Minimum Method ; Frequency Detection Limit* Total coliform SM18 9222 B (N1F) 1 cfu/100ml Semiannually Total dissolved solids (TDS) SM18 2540 C 2 mg/L Semiannually Total Kjeldahl Nitrogen SM20 4500 -Norg D 0.076 mg/L Semiannually (TKN) Packet Page -1148- c'4 TABLE 2: PARAMETER LIST 11 /18/2014 16.A.18. Parameter Analytical Method, Munn 1Vleth©d Detection Limit* Frequency Total phosphorus SM18 4500 -P E (Phosphorus -Total) 0.004 mg/L Semiannually Total suspended solids (TSS) SM18 2540 D 2 mg/L Semiannually Turbidity SM18 2130 B 0.10 NTU Semiannually Zinc 1 EPA 200.8 (Zn) 0.96 ug/L 1 Semiannually Packet Page -1149- TABLE 3: FORMAT FOR FIELD DATA DELIVERABLES 11/18/201416.A.18. Field Name (* denotes rec}uired field) Size / Famnat of Field Example Lab (LIMS) Number * 1 to 13 characters L2555 -20 Field Number * 1 to 13 characters P1233 -3 Project code * 1 to 8 characters M 3LS Sampling Date * 8 digits YYYYMMDD 20000119 Sampling Time * 4 digits HHIVIM (Military) 1305 Station Code * 1 to 10 characters IMBLS18 Sample Type 1 to 10 characters (Laboratory QC SAMP, EB, FB samples would be identify here) Program Type 1 to 4 characters MON , EYY 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, OPO4 Storet Code 5 digits. If code is <5 digits, then 665 leading zeros must be used Method Name 1 to 20 characters (EPA or EPA SM450OPF accepted SOP #) Analysis Date * 8 digits YYYY b,1DD 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 Result * 9 digits total, 4 decimals. For result 0.05 values that are below detection limits, the result value shall equal negative MDL and the remark code shall be U. Units * 1 to 8 characters mg/L Batch 1 to 13 characters used to link 10 or WG100 sample with laboratory QC submitted Remark Code 1 to 3 Characters ( as specified in U District flagging criteria documentation ) Comments 1 to 240 characters (no commas in Large amount between comments) Laboratory QC of suspended samples shall use this field to solids in the indicate the original sample spike sample or duplicate. 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