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Agenda 05/12/2009 Item #16C 1 Agenda 11em No. 16C1 May 12, 2001il Page 1 of 49 EXECUTIVE SUMMARY Recommendation to approve Amendment A02 to the existing Agreement No, ML0705S4 between Collier County and the South Florida Water Management District that will modify the scope of work to include newly approved Florida Department of Environmental Protection quality control criteria. OBJECTIVE: To have the Board of County Commissioners approve Amendment A02 to the existing Agreement No. ML070554 between Collier County and the South Florida Water Management District (SFWMD). 1bis Amendment A02 makes a minor change to the scope of work to include the newly approved Florida Department of Environmental Protection quality control criteria CONSIDERATIONS: The current three year agreement provides that the Pollution Control and Prevention Department (PCD) monitor surface water quality within the Big Cypress Basin and submit reports to SFWMD. The current Agreement's scope of work uses quality assurance/quality control (QNQc) standards for reporting water quality data based on the Florida Department of Environmental Protection's (FDEP) quality assurance rule (Florida Administrative Code 62-]60). 1bis FDEP rule was updated on December 3, 2008. 1bis Amendment A02 changes the QNQC criteria in the current agreement to meet this FDEP rule update. FISCAL IMPACT: There is no fiscal impact to this clerical change in the scope of work. LEGAL CONSIDERATIONS: 1bis item has been reviewed and approved by the County Attorney's Office, is not quasi-judicial and requires no ex parte disclosure, requires only a majority vote for approval, and is otherwise legally sufficient for Board action.-SRT GROWTH MANAGEMENT IMPACT: lbis change to the contract scope of work will not impact the requirements of the Conservation and Coastal Management Element of the Growth Management Plan relative to surface water quality monitoring. RECOMMENDATION: 1) Staff is recommending that the Board of County Commissioners approve Amendment #A02 to Agreement No. ML070554, whereby the South F]orida Water Management District will make a clerical change to the scope of work to the existing Agreement. Prepared By: Rhonda J. Watkins, Principal Environmental Specialist, Pollution Control & Prevention Department - Page ] of 2 Agenda Item No. 16C1 May 12, 2009 Page 2 of 49 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: Item Summary: 16C1 Recommendation to approve Amendment A02 to the existing Agreement No, ML070554 between Collier County and the South Florida Water Management District for water quality monitoring work that will modify the scope of work to include newly approved Florida Department of Environmental Protection quality control critena. Meeting Date: 5/12/2009 90000 AM Prepa red By Rhonda Watkins Principal Environmental Specialist Date Public Utilities Pollution Control & Prevention 4/14/20092045:05 PM Approved By Scott R. Teach Assistant County Attorney Date County,Attorney County Attorney Office 4/15/20097:37 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 4/15/200910:52 AM Approved By Steve Carnell Purchasing/General Svcs Director Date Administrative Services Purchasing 4/15/200911:07 AM Approved Dy Dianna Perryman Contract Specialist Date Administrative Services Purchasing 4/16/200912:55 PM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 4/21/20091 :46 PM Approved By Ray Smith Director Date Public Utilities Pollution Control & Prevention 4/22/20093:13 PM Approved By James W. Delany Public Utilities Administrator Date Public Utilities Public Utilities Administration 4/23/2009 1 :06 PM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 4/27/20094:05 PM Approved By Randy Greenwald ManagemenUBudget Analyst Date County Manager's Office Office of Management & Budget 4/27/20095:21 PM Approved By Leo E. Ochs, Jr. Deputy County Manager Date fi le://C:\AgendaTest\ExpOli\ 1 29-May%20 12,%202009\ 16.%20CONSENT%20AGENDA \ 16... 5/6/2009 Page 2 of2 Agenda Item No. 16C1 May 12, 2009 Page 3 of 49 Board of County Commissioners County Manager's Office 5/2/2009 8;57 AM file:/IC:\AgendaTest\Export\ 1 29-May%20 12. %202009\ 16.%20CONSENT%20AGENDA \ 16... 5/6/2009 -8 Agenda Item No. 16C1 OR 1 GI N~1;.~~?~~ SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 3600001301-A02 AMENDMENT NO, 02 TO AGREEMENT NO, 3600001301 BETWEEN THE SOUTH FLORIDA WATER MANAGEMENT DISTRICT AND BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY This AMENDMENT NO, 2, entered into on , to that AGREEMENT dated September 2], 2006, as amended on March 4, 2009, between "the Parties," the South Florida Water Management District (DISTRICT), and the Board of County Commissioners - Collier County (COUNTY). WITNESSETH THAT: WHEREAS, the Parties entered into an AGREEMENT for the collection and analyses of surface water quality sampling in Collier County; and WHEREAS, all sampling and analytical protocols shall follow the F]orida Department of Environmental Protection's (FDEP) Quality Assurance Rule 62-160; and WHEREAS, the AGREEMENT may be amended with the prior written approval of the Parties; and WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the Statement of Work; NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual benefits flowing from each to the other, do hereby agree as follows: ]. Regardless of the actual date of execution this AMENDMENT NO, 02 shall be effective as of February 25, 2009. 2. The Statement of Work, attached as Exhibit "C" to the AGREEMENT, is hereby amended as follows: Page I 012, Amendment No. 02 to Agreement No. 3600001301 8 /-\':jenc;D item ["40. '16C 1 - r\12Y 12. 2009 Page 5 of 49 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT Section IV. WORK BREAKDOWN STRUCTURE: Delete paragraph 9 in its entirety and replace with the following: . Data that are between the MDL and the Practical Quantitative Limit (PQL = 5 x MDL) should be qualified by the County with an (]). . Verify that the method blank recoveries are <MDL. ]f not, qualify blank results with concentrations?: MDL with a (,1). . Verify that field blanks (i.e. EB, FCEB, etc.) are <MDL. Blanks that do not pass this crilerion are confirmed through rework; data for the blank and associated samples that may be affected are qualified. Va]ues are considered affecled if they are less than or equal to (:S) 10 times the blank value. . Calibration of instruments must be bracketed around expected sample concentrations. The lowest calibration standard must be no morc than 2 x MDL. The highest calibration standard must not be at a level that would either be so high as to decrease sensitivity in the analysis or too low that it would necessitate dilution of a large number of samples. . All documentation must be neat. complete and organized so as to allow reconstruction of both collection and analysis in the event of legal proceedings. 3. All other terms and conditions of the AGREEMENT, as an1ended, remain unchanged. IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO. 02 on the date firsl written above. ATTEST DWIGHT E. BROCK, CLERK SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY: By: Deputy Clerk Frank Hayden, Procnrement Director SFWMD PROCUREMENT APPROVED BJ'Y:]; : i ( -<,Ie (i~c Dat~: ~; /;; 9/( r; / / L.i. i.. v/A.. 91-vv BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY Approved as to form & legal r:ifd~ ~ AeBi~tAnt County Attorney ~1"""7 By: Title: Page 2 of2, Amendment No. 02 to Agreement No. 3600001301 1""". "'. ";:~,"'''/--'-' , . tRl&1!~~~ 't;SOUTH FLORIDA WATER MANAGEMENT DISTRICT AGREEMENT ;',', THE SOUl'H FLORIDA WATER MANAGEMENT This number must appear on all Invoices and Correspondence . DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Name: BOCCCOLLIERCOUNTYFLA ML070554 POLLUTION CONTROL & PREVENTION DEPARTMENT Address: 3301 E. TAMIAMI TRAIL BLDG. H NAPLES, FL 34112 !'rgject Manager: Raymond E. Smith Telephone No: (239) 732-2502 Fax No: (239)732- 2574 Hereinafter referred to as: COUNTY PROJECT lITLE: COLLECTION AND ANALYSES OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY The following Exhibits are attached hereto and made a part of this AGREEMENT: Exhibit "A" - Not Applicable Exhibit "H" - Not Applicable Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable Exhibit "C" " Statement of Work Exhibit "J" - Not Applicable Exhibit "D" - Payment and Deliyerable Schedule Exlubit "K" - Not Applicable Exhibit "E" " NotApplicab]e Exhibit "L" - Not Applicable Exlnbit "F" - Not Applicable Exhibit "M" " Not Applicable Exhibit "G" - Not A Iicable TOTAL AGREEMENT AMOUNT: $499,456.00 Multi-Year Funding (If Applicable) Fiscal Year: October I, 2006-September 30, 2007 $160,000.00' Fiscal Year: Octobec I, 2007-Scptember 30, 2008 $166,400.00' Fiscal Year: Oclobec 1, 200S-September 30, 2009 $173,056.00' *Subject to District Governing Board Annual Budget Approval AGREEMENT TERM: TIrree 3 Years District Project Manager: Patrick J. Martin Telephone No: (561) 753-2400 x 4761 Fax No. (561 791-4094 SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: TYPE: Not-ta-Exceed Fiscal Year; Fiscal Year: Fiscal Year: South Florida Water Management District 3301 Gun Club Road West Pabn Beach, Florida 33406 Attention: Procurement Department - Notices Accounts Payable - Invoices EFFECTIVE DATE: November 1 2006 District Contract Administrator: Penelope Burger (561) 682-2536 Fax No.: 561 682-6397 or 561 681-6275 SUBMIT NOTICES TO THE COUNTY AT: BOCC COLLlER COUNTY FLA POLLUTION CONTROL & PREVENTION DEPARTMENT 3301 B. TAMIAMI TRAIL BWG.H NAPLES, FL 34112 Attention: Raymond E, Smith IN WlTNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. BOCC COLLIER COUNTY FLA ~;:- ~/? / Signature of Authorized Rep;;'en~ve Frank Halas '- SOUTH FLORIDA WATER MANAGEMENT DISTRICT BY ITS GOVERNING BO ~ Accepted By: Accepted By: -litM.-r. Col b;.../3-0b -pt'p,'nL . . _ ,_" JI. /'4. ~~',';~:'~"'l~;':(~/,.; .'t .;;. .. <(\\\\11 ~:'N'."~' '\',~. 2;,' ~""Y;;"" ,., ,'(.\ ~ .:- -: . '- '.'J''''''''''( ,,,',;.,~.~''l'.,t,..,"...:: i':_"'.. . , Q. -'r.-' --...,:'-1",.....,- . SF\VMDPR ... "-~fROyEQ:'.,::;~~~lti;$}M-:-,'. By: ";. '. J.,1/:\l ",'\7"':.."~''':;;,'-~;:.&~;fuate:' 'i .-' . , " r. "_'" .', ~~ '.~i,~.}.."'-~,:",:f!:..r'._':":;",.~ Attest ' e"'fj-.:_"/0._t''\'\;~'/:._::"_' :-~:f.,.t~..-:.:"._' Dwight it, 'RJ;,?c'k,:,Clerlf,o::.' ... ~~:..~~~~~~~ s '-f.'"'' Date: Title: Chairman Date: Approved as to form and legal sufficiency ~ v ) '; A,ger\da 11em No. 16C1 SOUTH FLOlUDA WATER MANAGEMENT DI~TRI~'f12, 2009 EXHIBIT "B" . 1"age 7 of 49 GENERAL TERMS AND CONDITIONS .c! 'r ARTICLE 1 - STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, fully and timely perform all work items descnbed in Ihe "Statement of Work," attached hereto as Exlnbit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by Ihe COUNTY under this AGREEMENT, Ihe COUNTY shall substantiate, in whatever forum reasonably requested by Ihe DISTRICT, Ihe methodology, lab analytical examinations, scientific theories, data, reference materials, and research notes. The COUNTY shall also be required to substantiate any and all work completed, including but not limited to, work completed by subcontractors, assistants, models, concepts, analytical theories, computer programs and conclusions utilized as the basis for the final work product required by the AGREEMENT. This paragraph shall survive the expiration. or termination of this AGREEMENT. 1.3 The parties agree that time is of the essence in the performance of each and every obligation under this AGREEMENT. 1.4 In the event COUNTY employees or hired workers are authorized by. Exhibit "C" to perform services on-site at DISTRICT facilities, Ihe COUNTY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment I, "Contractor Policy Code Acknowledgement" to Exlnbit "c' _and shall require each individual performing such on-site work to execute the Attachment 1 form It is Ihe COUNTY's responsibility to advise its employees or hired workers of Ihe nature of the project, as described in Exlnbit "C". The COUNTY shall determine the tnelhod, details and means of performing the services, within the parameters established. by Exlnbit "C'. The DISTRICT shall provide additional guidance and instrnctious to COUNTY's employees or hired workers where necessary or appropriate as . detemrined by the DISTRICT. ARTICLE 2 - COMPENSATION! CONSIDERATION 2.1 The total consideration for all work required by the DISTRICT pursuant to this AGREEMENT shall not exceed the amount as indicated on the cover/signature page of this AGREEMENT, Such amount includes all expenses which the COUNTY may incur and therefore no additional consideration" shall be authorized. 2.2 Notwithstanding the foregoing, the amount expended under this AGREEMENT shall be paid in accordance with, and subject to the nmlti-year funding allocations for each DISTRICT fiscal year indicated on the cover/signature page of this AGREEMENT. Funding for each applicable fiScal year of this AGREEMENT is subject to DISTRICT Governing Board budgetary appropriation. In the event the DISTRICT does not approye ftmding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the CmIent funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notifY the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to Ihe Statement of Work, Exhibit "C". By providing funding hereunder, Ihe DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUJl<'TY by executing this AGREEMENT, certifies to truth-in-negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurare, complete, and current at the time of contracting. The COUNTY agrees that. the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant . snm:;' by which the 'consideration was increased due to inaccurate, incomplete, or non-current wage rates and oilier factual unit costs. Page I of 10, Exhibir "B" Contract File:\County.doc 06/06/06 ~- 8 )') Agenda Item No. 16C1 SOUTH FLORIDA WATER MANAGEMENT DIST~2, 2009 EXHIBIT "B" age 8 of ~9 , GENERAL TERMS AND CONDITIONS .' The DISTRICT. shall make any such adjUS1ment within one (1)' year following the expiration or termination of this AGREEMENT. ARTICLE 3 - INVOICING AND PROMPT PAYMENT 3.1. The COUNTY's invoices shall reference the DISTRICT's Contract Nwnber and shall be sent to the DISTRICT's address specified on the cover/signature page of this AGREEMENT. The COUNTY shall not submit invoices to any other, address at the DISTRICT. 3.2 The COUNTY shall submit the invoices on a completion of deliyerable basis, pursuant to . the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit ''0'' and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all inyoices shall be. substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to-exceed budge~ including but not limited to, copies of approved timesheets, payme~t' vouchers, expense reports (including approved travel costs, if applicable), receipts and subcontractor inyoices. Any authorized travel shall be reimbursed in accordance with Chapter 112, Florida Statutes. 3.3 It is the policy of the DISTRICT that payment for all goods and services shall be made. in a timely manner and that interest payments are made on late payments. In accordance with Florids Statutes, Section 218.70, F]orida Prompt Payment Ac~ a "proper" invoice is. defmed, , as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for inyoice submission. The time at which payment shall be due from the DISTRICT shall be forty-fiye (~5) days from receipt of a proper invoice and acceptance of, services and/or deliverables, based on compliance with the statutory reqUirenientsset forth in Section 218.70, ES. and upon satisfaction of the DISTRICT conditions as detailed in the AGREEMENT. Failure of the COUNTY to follow the instructions set forth in the AGREEMENT regarding a proper invoice and acceptable services. and/or deliverables may result in an unayoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (I %) per month on the unpaid balance. The COUNTY shall invoice the DISTRICT for payment of any accrued unpaid interest Any disputes regarding invoice payments which cannot be resolyed by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was receiyed by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement dste of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection. with the perfo1IDllJlCe of this AGREEMENT, other than invoices and notices, to the attention of the respectiye Project Managers specified on the cover/signature page of the AGREEMENT for attempted resolution or. action. The Project Managers shall be responsible for oyerall coordination an<~ oversight relating to the performance of this AGREEMENT., The COUNTY shall direct all administrative. matters,. including invoices and notices, to the attention oftl1e DISTRICT's Contract Specialist specified on. the coverlsignature page of the AGREEMENT. All formal . notices between' the parties under' this AGREEMENT' shall. be in writing- and shall be deemed received if sent by'certifiednlaiI, return receipt requested, to the respectiye addresses specified on the cover/signature page of the AGREEMENT. The COUNTY shall also provide a copy of all notices to Page 2 of 10, Exhibit "B" Contract File:\County.doc 06106/06 8 ') ) A.Q.enda 11em No. 16C1 SOUTH FLORIDA WATER MAN,AGElVlliNT DIIST~29 2709 EXHIBIT "B" age 0 49 GENERAL TERMS AND CONDmONS the DISTRICf's Project Manager. All notices required by this AGREEMENT shall be considered delivered upon receipt. Should either party change its address, written notice of such new address shall promptly be sent to !be other party. All correspondence to the DISTRICT under this AGREEMENT shall reference the DISTRICT's Contract Number specified on the cover/signature page of the AGREEMENT. ARTICLE 5 - INSURANCE 5.1 The COUNTY assumes any and all risks of personal injury, bodily injury and property damage 'attnbutable to the negligent acts or omissions of the COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is seif-funded for Worker's compensation and liability insurance, covering at a mininnrm bodily injury, personal injury and property damage with protection being applicable to the COUNTY's officers~ employees, servants and agents while acting within the scope of their employment during performance under this AGREEMENT. The COUNTY and the DISTRICT further agree that nothing contained herein shall be construed or interpreted as (l) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign innnunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the eyent the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured ,on all insurance' policies, as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to defend, indemnify, and pay on behalf, save and hold the DISTRICT hannless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATIONIREMEDIES 6. I It is the policy of the DISTRICT to encourage good business practices' by requiring contractors to materially perform in accordance with the tenns and conditions of the DISTRICf AGREEMENT. In accordance with DISTRICT Rule 40E-7, Part II, FAC., ''material breach" is defined as any substantial, unexcused non- performance by failing to perform an act that is an important part of !be transaction or performing an act inconsistent with the tenns and conditions of the AGREEMENT. If the COUNTY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The COUNTY shall have thirty (30) days to cure the breach. If the COUNTY fai1s to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once lhe DISTRICT has notified lhe COUNTY that it has materially breached its contract with the DISTRICf, by sending a Termination for Default Notice, lhe DISTRICT's Governing Board shall determine whether the COUNTY should be suspended from doing future work with the DISTRICT, and if so, for what period of time. The DISTRICT's Governing Board will consider lhe factors detailed in Rule 40E- 7, Part II, FAC. in making a determination as to whether a COUNTY should be suspended, and if so, for what period 'of time. Should the DISTRICT terminate for . default in accordance with this provision, the DISTRICT shall be entitled to reCOYer reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may tenninate this AGREEMENT wilh or without cause at any time for convenience upon thirty (30) calendar days prior written notice to. the COUNTY. The performance of work under this AGREEMENT may be terminated by the DISTRICT in accordance with this clause in ~ole, or from time to time in part, wheneyer the DISTRICT shall determine that such termination is in the best interest of Ihe DISTRICT. Any such Page 3 of 10, Exhibit "B" Contract File:\County.doc 06/06/06 (8 )) A.9,enda Item No. 16C1 SOUTH FLORIDA WATER MANAGEMENT DIISTRlfia'f1120' 2f009 Ut:>age 0 49 EXHIBIT "B" GENERAL TERMS AND CONDITIONS I " tennination shall be effected by delivery to the COUNTY of a Notice of Termination specifYing fue extent to which performance of work under the , AGREEMENT is terminated, and the date upon which such termination becomes effectiye. In fue event of tennination for conyenience, the DISTRICT shall compensate fue COUNTY for all aufuorized and accepted deliyerables completed through fue date of termination in accordance wifu Exhibit "C", Statement of Work The DISTRICT shall be relieved of any and all future obligations hereunder, including but not limited to lost profits and consequential damages, under this AGREEMENT. The DISTRICT may withhold aU payments to fue COUNTY for such work until such time as fue DISTRICT determines fue exact amount due to the COUNTY. 6.3 In fue event a dispute arises which fue project managers cannot resolye between themselves, fue parties shall have fue option to submit to non-binding mediation. The mediator or mediators shall be impartia~ shall be selected by fue parties, and the cost of fue mediation shall be borne equally by fue parties. The mediation process shal] be confidential to the extent permitted by law. 6.4 The DISTRICT may order thet all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest Such circmnstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Goyerning Board, a condition of irrnnediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This . provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from fue COUNTY to fue DISTRICT. If this provision is inyoked, the DISTRICT shall notifY the COUNTY in writing to stop work as of a certain date and specifY the reasons for fue action, which shall not be arbitrary or capricions. The COUNTY shall then be obligated to suspend all work efforts as of fue effective' date of fue notice and until further written direction from the DISTRICT is received. Upon resumption of work:, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a to1al project cost as indicated on the coyer/signature page, with the balance of matching funds and/or in-kind services to be obtained from the COUNTY in the amount as specified on the coyerlsignature page of this AGREEMENT. In the event such COUNTY matching funding and/or in-kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to tenninate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTIONI OWNERSHIP 7.1 The COUNTY shall maintain records and the DISTRICT shall have inspection and audit rights as follows: A. Maintenance of Records: The COUNTY shall maintain all financial and non-financial records and reports directly or indirectly related to the negotiation or performance of this AGREEMENT including supporting documentation for any service rates. expenSes, research or reports. Such records shall be maintained and made available for inspection for a period of fiye years from completing performance and receiving finaI payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted goverrnru:ntal auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availabilitv of Records for Legal Disputes: In the event that fue DISTRICT should become involyed in a legal dispute with a third party . arising frOm performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such Page 4 of 10, Exhibit "B" Contract File:\County.doc 06/06/06 8 'I . ) Aqenda Item No. 16C1 SOUTH FLORIDAW ATER MANAGEM~NT DIST~\21' ~~~~ EXHIBIT "B" g GENERAL TERMS AND CONDITIONS records shall be made readily available to the DISTRICf. 7.2 The DISTRICT shall retain exclusive title, copyright and other proprietary rights in all work items, including but not limited to, all documents, technical reports, research notes, scientific data, computer programs, including the source and object code, which are developed, created or otherwise originated hereunder by the COUNTY, its subcontractor(s), assign(s), agent(s) and/or successor(s) as required by the Exlubit "C", Statement of Work (the "Work"). In consideration for the DISTRICT entering into this AGREEMENT, and other good and valuable consideration the sufficiency and receipt in full of which is hereby acknowledged by the COUNTY, the COUNTY hereby aEsigns, transfers,' sells and otherwise grants to the DISTRICT any and all rights it now has or may haye in the Work (the "Grant"). This Grant shall be self-operative upon execution by the parties hereto, however the COUNTY agrees to execute and" deliver to the DISTRICT any further assignments or other instruments necessary to evidence the Grant, without the payment of any additional consideration by the DISTRICT. lbe COUNTY may not disclose, use, license or sell any work developed, created, Of othenvise originated hereunder to any third party whatsoever. TIlls paragraph shall survive the termination or expiration of this AGREEMENT. 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, aE specifically identified in Exhibit "C", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetlla~ non-transferable, non-exclusive. right to use the identified software without an additional fee, The. DISTRICT acknowledges that title to the software identified in Exhibit "C" shall remain with the Licensor. 7.4 My equipment purchased by the COUNTY with DISTRICT funding under this AGREEMENT shall be returned and title transferred from the COUNTY 'to the DISTRICT immediately upon termination or expiration of this AGREEMENT upon the written request of the DISTRICT not less than thirty (30) days prior to AGREEMENT expiration or t=illation. Equipment is hereby defined aE any non-consumable items purchased by the DISTRICT with a yalue equal to or greater than $500.00 and with a nonnal expected life of one (I) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less nonnal wear and tear. The COUNTY will use its best efforts to safeguard the equipment throughout the period of perfonnance of this AGREEMENT. Hbwever the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notifY the DISTRICT in writing within fiye (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may permit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designsted DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COM.PUANCE 8. I The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating. to the performance of this AGREEMENT. The DISTRICT. undertakes DO duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, aE to any such laws of which it has present knowledge. Page 5 of 10, Exhibit "B" Contract File:\County.doc 06/06/06 E) SOUTH FLOirDA WATER MANAGEMJdNT DfSTro(fl,'i;~, 1~I~il EXHIBIT "B" .. Page 12 of<19 GENERAL TERMS AND CONDITIONS 8.2 The COUNTY hereby assures that no person sbaIl be discriminated against on the grounds of race, color, creed, national origin, handicap I age, or sex, in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of' tius AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who sbaIl perform work which i, intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the COUNTY or any affiliate of the COUNTY has heen convicted of a public entity crime or has beeu placed on the discriminatory vendor lis~ a period longer than 36 months has passed since ti1ar person was placed on the convicted vendor or discriminatory vendor list The COUNTY further understands and accepts that this AGREEMENT shall be either void by the DISTRICT or subject to immediate termination by the DISTRICT, in the event there is any misrepresentation or lack of compliance with the mandates of Section 287,133 or Section 287.134, respectively, Florida Statutes. 'The DISTRICT, in the event of such tennination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.5 The COUNTY sbaIl be responsible and liable for the payment of all of its FICNSocial Security and other applicable taxes resulting from this AGREEMENT. 8.6 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure ~this AGREEMENT. Further the COIJNTY warrants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, connnission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, connnission, percentage, gift, or other consideration. 8.7 The COUNTY shall allow public access to all project documents and materials in accordance with the , provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as proYided by law, shall be upon the COUNTY. 8.7.1 Pursuant to Sections 119.07(3)(0), and 240.241 Florida Statutes, data processing software obtained by an agency under a license AGREEMENT which prohibits its disclosure and which software is a trade secret, as defined in Sections 812.081(c), Florida Statutes is exempt from the disclosure provisions of the Public Records law. However, the parties hereto agIee that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to tile COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relid from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.8 The COUNTY shall make reasonable efforts to obtain any necessary federal,state, local, and other governmental approvals, as well as all necessary private authorizations and permits, prior to the commencement of performance of this AGREEMENT~ A delay in obtaining permits shall not give rise to a: claim by . the COUNTY for additional compensation. If the COUNTY is unable to obtain all necessary permits in a timely. manner, either party may elect to terminate this Page 6 oflO, Exhibit "B" Contract FiIe:\County.doc 06/06/06 (8 'I ) Agenda Item No, 16C1 SOUTH FLOJUDA WATER MANAGEMENT DIST~@if12, 2009 . EXIllBIT "B'" age 13 of 49 GENERAL TERMS AND CONDITIONS AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.9 Pursuant to Section 216.347, F.S., the COUNTY is prolnbited from the expenditure of any fimds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.10 The DISTRICT is a goyernmental entity responsible for performing a public service and therefore has a legitimate interest in promoting the goals and objectives of the agency. The work under this AGREEMENT inyolves a project consistent with these goals and objectiyes. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting' this proj ect with the cooperation of its COUNTY. Therefore, as the DISTRICT'S COUNTY for this projec~ the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest' in promoting the goals and objectives of this project. The COU1'oTY agrees to take all reasonable measures necessary to effectuate these assurances. In the eyent the COUNTY determines it is unable to meet or promote the goals and objectives of the projec~ it shall have the duty to immediately notifY the DISTRICT. Upon such notification the DISTRICT, in its discretion, may terminate this AGREEMENT. ARTICLE 9 - RELATIONSHIP BETWEEN THE PARTIES 9.1 The COUNTY shall be considered an independent contractor and neither party shall be considered an employee or agent of the other party. Nothing in this AGREEMENT shall be interpreted to establish any relationship other than that of independent contractor between the parties and their respective ~mployees, agents, subcontractors, or ,",signs during or after the performance on this AGREEMENT. Both parties are free to enter into contracts with other parties for similar services. 9.2 In the event that the COUNTY is providing staff who will be working on-site at DISTRICT facilities, it is further understood that the COUNTY shall be the employer of the staff provided pursuant to the AGREEMENT for all purposes under state and federal law and that the COUNTY's staff shall not be eligtble for any benefit programs the DISTRICT offers to its employees. All benefits ayailable to the COUNTY's staff shall be exclusively provided by the COUNTY or by the COUNTY's employee. The COUNTY is solely responsible for compliance with all labor and tax laws pertaining to officers, agents and COUNTY employees and shall indemnify and hold the DISTRICT harmless from any failure by the COUNTY to comply with such laws. The COUNTY's duties with respect to such personnel shall include, but are not limited to, the following: 9.2.1 Billing, collection, payroll services and tax withholding, and any other related services 9.2.2 Providing insurance coverage pursuant to Article 5 of this AGREEMENT. 9.2.3 Providing any and all employment benefits, including, but not limited to, annual leave, sick leave, paid holidays, health insurance, retirement benefits and disability insurance. 9.2.4 Complying with the Fair Labor Standards Ac~ 29 U.S.c. 201, et.seq., including payment of overtime in accordance with the Act 9.2.5 Providing employee trammg for all activities necessary for job performance, except those fimctions that are unique to the DISTRICT, in which even~ the DISTRICT, in its sole judgment and discretion, may provide training. , 9.3 It is the intent and understanding of the Parties that this AGREEMENT is solely for the benefit of the COUNTY and the DISTRICT. No person or entity other than the COUNTY or the DISTRICT shall have any rights or privileges under: this AGREEMENT in any capacity whatsoever, . either as third-party beneficiary or otherwise. 9.4 The COUNTY shall not assign, delegate, or otherwise transfer its rights and obligations as set forth Page 7 of 10, Exhibit "Bn Contract File:\County.doc 06/06/06 8 1 ; ) Aqenda Item No. 16C 1 SOUTH FLORIDA WATER MANAGEMENT DISTR"Ma\fl2, 2009 EXHIBIT "B" -Page 14 of 49 GENERAL TERMS AND CONDITIONS in this AGREEMENT without the prior written consent of the DISTRICf. Any attempted assignment in violation of this provision shall be yoid. 9.5 The COUNTY shall not pledge the DISTRICTs credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, debt, obligation, judgement, lien, or any form of indebtedness. 9.6 The DISTRICT assumes no duty with regard to the supervision of the COUNTY and the COUNTY shall remain solely responsible for compliance with all safety requirements and for the safety of all persons and property at the site of AGREEMENT performance. ARTICLE 10 - MBE PARTICIPATION 10. I The COUNTY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT' however, both parties agree to proYide the othe; advance notice of competitiye contracts that may result from this AGREEMENT along with timelines for public notice and award of such contracts. In the event subsequent competitive contract awards do result in MIlE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatiyes to the extent allowed by law. ARTICLE 11 - GE]'iERAL PROVISIONS 11.1 Notwithstlinding any proVISlOns of this AGREEMENT to the contrary, the parties shall not be held o1iable fOr any failure or delay in the performance of this AGREEMENT that arises from fires floods strikes, embargoes, acts of the public enemy, ~uall; severe. weather,. outbreak of war,. restraint.. of Government, riots, civil commotion., force majeure, .act of God, or for. any other cause of the same character which is unavoidable through the exercise of due care . and beyond the control of fue parties. Failure to perform shall be excused during the continuan~e of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if' the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically. required dnring the occurrence of any of the events berein'mi:ntioned. 11.2 Any inconsistency in this AGREEMENT sball be resolved by giving precedence in the following order: ( a) Exhibit "A" Special Provisions, if applicable (b) Exlnbit"B" General Terms andConditions (c) Exlnbit"C" Statement of Work (d) all other exlnbits, attac1nnents and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from perfonning any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiyer shall be effective unless in writing and signed by the party against whom enforcement is sought Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing waiver unless the "riting states otherwise. 11.4 Should any term or proVlSlOn of this AGREEMENT. be held, to any extent, inyalid or unenforCeable, . as against any person, entity or circumstance dnring the tenn hereof; by force of any statute, . law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT. shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This .AGREEMENT may be amended ouly with the written approyal of the parties hereto. 11.6 This AGREEMENT states the entire under- standing and AGREEMENT between the parties and supersedes any and all written or oral representations, statements, negotiations, or contracts previously existing between the parties with respect to the subject matter of this AGREEMENT, The COUNTY Page 8 of 10, Exhibit "B" Contract File:\County.doc 06/06/06 E) 'I ' SOUTH FLORmA WATER MANAGEMkNT Dis1~i1~, 1~~~ EXHIBIT "B" Page 15 of 49 GENERAL TERMS AND CONDITIONS recognizes that any representations, statements or negotiations made by DISTRICT staff do not suffice to legally bind the DISTRICT in a contractual relationship unless 'they haye been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be bindiIlg upon the parties, their respective assigns, and successors in interest. ARTICLE 12 - SAFETY REQUIREMENTS 12. I The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 12.2 The COUNTY shall instruct employees required to handle or use toxic materials or other harmful substances regarding their safe handling and use, including instruction on the potential hazards, personal hygiene and required personal protective measures. A Material Safety Data Sheet (MSDS) shall be provided by the COUNTY to the DISTRICT on each chemical product used. 12.3 The COUNTY shall comply with the standards and regulations set forth by the Occupational Safety and Health Administration (OSHA), the Florida Department of Labor and Employment Security and all other appropriate federal, state, local or DISTRICT safety and health standards. 12.4 It is the COUNTY's sole duty to provide safe and healthful working conditions to its employees and . those of the DISTRICT on and about the site of AGREEMENT performance. 12.5 The COUNTY shall initiate and maintain an accident prevention program which shall include, but shall not be limited to, establishing and supervising programs for the education and training of employees in the recognition, avoidance, and prevention of unsafe conditions and acts. 12.6 The COUNTY shall erect and maintain, as. required by existing conditions and performance of the AGREEMENT, reasonable safeguards for safety and protection, including posting of danger signs and other warnings, against hazards. ]2.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 12.7.1 employees on the work and other persons who may be affected thereby; including pedestrians, visitors, or traveling public; 12.7.2 the work, materials, and equipment to be incorporated therein; whether in storage on or off the site, under care, custody or control of the COUNTY, or the COUNTY's subcontractors; and 12.7.3 other properties at the site or adjacent thereto; such as trees, shrubs, lawns, walks, utilities, pavement, roadways, structures, building, vehicles, and equipment not designated for removal, relocation or replacement in the course of work. 12.8 The COUNTY shall provide fIrst aid services and medical care to its employees. 12.9 The COUNTY shall develop and maintain an effective fire protection and prevention procedures and good housekeeping practices on the work site throughout the AGREEMENT. 12.10 Emergencies: In emergency affecting safety of persons or property on or about the site or as a result of the work; the COUNTY shall act, timely and with due diligence, to prevent threatened damage, injury, or loss. 12.11 Environmental: When the COUNTY, COUNTY's contractors, or subcontractors, use petroleum products, hazardous chemicals, or any other chemicals used on or about the site, the COUNTY shall be responsible for handling these chemical constituents in accordance with federal, state and local regulations during the terms of the AGREEMENT. For accidental discharges or releases onto the floor, air, ground, smface waters, ground waters, it shall be the COUNTY's sole responsibility to respond in:nllediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. Page 9 oflO, Exhibit "B" Contract File:\County.doc 06/06/06 (9 ) ) A.9,enda Ilem No. 16C1 SOUTH FLORIDA WATER MANAGEMENT DI1STRIr@l'f12,2009 EXHIBIT "B" 'Page 16 of 49 GENERAL TERMS AND CONDITIONS 12.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the' COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or properly exist. This proYision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and properly on or about the site. Page 10 of 10, Exlnbit "B" Contract File:\County.doc 06/06/06 ~ v Agenda Item No. 16C 1 May 12, 2009 Rage 17 of 49 SOUTH FLORIDA WATER MANAGEMENT DISTRICT Contractor Policy Code Acknowledgement Name (Please Print) ContractIWork Order/Purchase Order (P_O.) # , Contractors, Vendors and Consuitants (hereafter referred to collectively as 'Contractor(s n engaged to do business with the South Florida Water Management District (the "District") using District equipment and/or working on District premises, property or facilities must comply with the rules and regulations of the District's Policy & Procedure Code. As the Contractor's representative, without limitation thereto, I, acknowledge that I have received and reviewed the following: , (Contractor) ./ Whistle-Blowers Policy, Chapter 101, Article V. Sec, 101-101 through 101-113. ./ Equal Employment Opportunity and Harassment Policy, Chapter 120, Article I. Sec. 120-3. ./ Standards of Conduct Policy, Chapter 120, Article III. Sec. 120-62. ./ Corrective Action Policy, Chapter 120, Article III. Sec. 120-63. ./ Drug-Free Workplace Policy, Chapter 120, Article III. Sec. 120-73. ./ Chapter 130, Information Technology: Acceptable Use of Information Technology and Telecommunications Policy; Electronic Mail Policy; and, Intellectual Property and Works-Made-For-Hire Policy ./ Information Technology Security Procedures, Chapter 230, Article II. Sec. 230-21 through 230-27. In the course of conducting business with the District, I understand that Contractors must be aware of and comply with the State of Florida Public Records Law (Chapter 119, Florida Statutes), the Government-in-the- Sunshine Law (Chapter 286.011, Florida Statutes) and the Code of Ethics (Chapter 112, Florida Statutes). I am aware that Contractors are prohibited from soliciting or lobbying for additional work while engaged to do business with the District I acknowledge that this behavior interferes with the efficient performance of my responsibilities under the terms of my contractual obligations with the District, and that it may provide me or my company with a competitive advantage. Both my employer and I understand that 10bbyingJor additional work while under contract with the District may eliminate me and/or my company from award of future solicitations. I recognize and understand that District IT resources, including but not limited to computers, telephones, radios, mobile phones and othllr communication systems and devices, are the property of the District, and should be used for the purposes of conducting bona fide District business only. I recognize and understand that no remote access technology or device is to be attached to District IT resources or the information technology systems infrastructure to effect access without the express authorization of the IT Department Director or Information Technology Senior Advisor or their duly authorized delegates. Non-District equipmenf 6rotherresources used by me to connect to District IT resources, systems or services will be subject to the same laws, rules and regulations as District-owned IT resources, Form 1148 (12/2005) Original - Contract File Copy - Contractor Page 1 of 2 f) 'i ) Agenda Item No. 16C1 . May 12, 2009 SOUTH FLORIDA WATER MANAG~~N1f6'tS4fRICT Contractor Policy Code Acknowledgement I am aware that District IT resources are the property of the District, and as a result, I have no right to privacy or expectation of privacy when using and/or connecting to District IT resources. I am aware that the District may audit, access, and review all data and/or communications transmitted through or residing on District IT resources or any equipment or resources'attached thereto, including e-mail and voicemail messages, at any time. I am aware that use of passwords or encryption does not restrict the District's right to access or disclose such communications, and that the District shall disclose the information to third parties as required by law. When authorized to do so I accept all risks and responsibilities associated with using and/or connecting non- District resources Or equipment to District IT resources. In regard to such non-District resources or equipment, I agree to the following: .,/ In the event of a security breach, I authorize the District to take immediate action to reduce the District's exposure. .,/ I further authorize the District to perform inspections as deemed necessary to ensure the safety and security of District data and/or IT resources, and to ensure that any software or other similar intellectual property 1s duly licensed for use. .,/ I understand the District will require virus-detection software in accordance with its own specifications, and I agree to comply. - .,/ I indemnify and hold the District harmless from theft or damage incurred while on District properties or premises. Information or work products or related derivative works developed by me specifically for the District, whether or not reduced to writing by me, constitute works made for hire to the extent permissible by law and will become the sole property of the District, including all intellectual property rights thereto. I acknowledge that the District claims sole ownership and rights to all such materials. I am aware that the District's Policies and Procedures Code and any other District practices are subject to change or modification by the District, solely at its discretion, as deemed appropriate and necessary, I understand that no supervisor or other official of the District has the authority to enter into any agreement with Contractors, or to make any agreement contrary to the foregoing. I acknowledge that I have read and. understand the above, and I agree to accept the terms and conditions as a stipulation of my services or contractual obligations to the District. This Acknowledgement shall be considered an integral part of.ContractlWork Order/P.O. # Any violation of this Acknowledgement shall be considered a breach of the foregoing ContractIWorl< Order/P.O. as well as a violation of District policies. . I am aware that if I violate these mandates, penalties may include disciplinary action up to and including immediate termination of my services and/or ContractIWorl< Order/P.O. with the District, and the District may pursue whatever other legal remedies are available to it pursuant to the terms of the ContractlWork Order/Purchase Order. Contractor Name (Print) Authotized Representative Name (Print) Date Signature Form 1148 (12/2005) Original - Contract File Copy - Contractor Page 2012 'I Aqenda Item No, 16C1 " May 12, 2009 Page 19 of 49 EXHIBIT "c' , . STATEMENT OF WORK COLLECTION AND ANALYSES OF SURFACE WATER QUAIlTY SAMPLES IN COLLIER COUNTY I. INTRODUCTION AND BACKGROUND The natural flow of freshwater is crucial to the survival of the Big Cypress watershed and Everg]ades National Park as well as to preserving the integrity of the entire southwest F]orida ecosystem. The southwest coast. of Florida has experienced rapid agricultural and urban- suburban development. A major concern of this rapid growth is its effect on water quality, The Ecosystem Restoration Working group for this area (Sub region 5) lists restoration of more natural distribution, timing and quantities of fresh water into coastal areas as one of its seven major restoration objectives. Long-term, systematic monitoring is a powerful too] used to identify problem areas and provide a clear understanding of baseline conditions. The monitoring initiatives detailed in this agreement continues the District's commitment to a unified sampling program developed in ]998 to provide data to addre~s southwest F]orida's water quality issues. This Cooperative Agreement between the South Florida Water Management District (District) and Collier County Pollution Control (County) details the collection and analysis of sixty one (61) surface water quality monitoring locations within Collier County. This monitoring program provides data to accomplish the following: development of water management strategies for the Big Cypress Basin watershed and adjacent coastal waters of Collier County, investigate effects of stormwater runoff from the city of Immokalee on the Lake Trafford Environmental restoration project and permit compliance for the Picayune Strand hydrologic restoration project. IT. OBJECTIVE The primary objectives of this Cooperative Agreement are to 1) continue to obtain data of acceptable quality to evaluate the water resources within the Big Cypress Basin and the coastal waters of Collier County; 2) partner with a local government to perform water quality monitoring and laboratory analysis; 3) reduce District monitoring and laboratory work loads and; 4) allow for the redirection of staffto additional legislatively mandated projects. m. SCOPE OF WORK The County shall collect and analyze surface water samples for three (3) water quality monitoring projects. The first project, Collier County Water Quality Project, coded CCWQ consists of forty- four (44) stations within the Big Cypress Basin's inland and estuarine systems and five (5) stations within the Fakahatchee Strand and the Corkscrew Swamp areas. The second project, Immoka]ee Stormwater coded IMKS, consists of five (5) stormwater outfall stations within the City of Immokalee, which will provide data to support the development of a watershed management plan to protect Lake Trafford as well as provide a baseline for the quantification of specific parameters identified in the Immokalee Stormwater Master Plan. The third project, . Page lof24, Exhibit " C" to Agreement No. ML070554 Agenda Item No. 16C1 May 12, 2009 Page 20 of49 Southern Go]den Gate Estates, coded SGGE, consists of seven (7) stations in the Picayune Strand ..... CERP project. These stations are sampled for permit compliance and are sampled during the wet' season. The station names, descriptions, and G]obal Positioning System (GPS) coordinates for the three projects are listed in Table 1. The locations of all stations are depicted in Figures 1 and 2. The required water quality parameters along with sampling frequency for each project and parameter are listed in Table 2. Tab]e 3 provides details of the In Situ field measurements to be collected for aI] stations ill these three projects. Page 20f 24, Exhibit" C" to Agreement No. ML070554 Agenda Item No. 16C1 May 12, 2009 Page 21 of 49 s;:e=.-:.=.- .":.-:";~ - ~-- . ~""!-: -~ .+, ~ :,_'-.n'JtbE:aN,.' .. . JId'J!Iir......GJL ---.,' ,~ . --------, ....r_~_______ ___ "-"'~.n~___~~~ . . ......40_......-..~_~_ COLLIER CdUNTY WATER QUAUTY STA nONS. ER~ ~';';'."_'"" ":~....u "~."",""~l .. Figure]. . Location of CCWQ 'and IMKS monitoring sites Page 30f 24, Exhibit" C" to Agreement No. ML070554 . Agenda 11em No. 16C1 May 12, 2009 Page 22 of 49 Southern Golden Gate Estates Prairie Canal Surface Water Sites . SURFACE WATER SITE -'- CANALS - ROADS -*. s o 2.5 5 ,Miles Figure 2. Location ofSGGE nionitoringsites Page 40f 24, Exhibit" C" to Agreement No. ML070554 Agenda Item No. 16C1 May 12, 2009 Page 23 of 49 Table 1. Site names and GPS coordinates for projects CCWQ, IMKS and SOGE BARRIVN Off dock at sheriff's substation on co= 255435.2 812148.5 US4l & CR29 CCW BC] , Channel marker 38 in Naples Bay 260802.8 814825.7 CCW BC2 Just inside the mouth of Rock Creek 260827.4 814706.5 CCWQ BC3 Gordon River ext. at mouth of canal 260947.8 814711.5 leadin to main P.O. CCWQ BC4 Downstream of weir in Golden Gate Canal 261004.0 814632.7 across from Bear's Paw COUll Club CCWQ BC5 Bridge at intersect of Haldeman Creek and 260731.3 814613.3 Ba shore Dr, CCWQ BC6 Downstream of weir in Henderson Creek 260324.0 8]4123.5 south ofUS41E CCWQ BC7 FakaUnion Canal at west bend of"T" 255933.9 813118,5 CCW BC8 Merritt Canal at east bend of "T" 255935.9 8 ]2925.4 CCWQ BC9 Miller Canal at intersect ofl-75 260911.4 813318.9 CCWQ BCIO F akaUnion Canal at intersect ofl-75 260611.3 810308.4 FAKAUC75 CCWQ BCIl - Merrit Canal at intersect ofl-75 260912.6 8 ]2926.3 ~fI,e... CCW BC]2 Prairie Canal at end of 82" Aye S.B. 260031.8 812729.2 CCWQ BC13 Downstream of weir in Immokalee Rd 261623.1 8]4647.6 canal west of Palm Riyer Blvd CCWQ BC14 Immokalee Rd Canal at intersection of 26]621.6 814642.0 Palm Riyer Blvd CCWQ BC]5 Airport Rd Canal at entrance to Sam's 261615.9 8]4609.9 Club BC]6 Bridge #84 on US4 IE . 250519.6 811542.2 BC]7 Bridge #86 on US41E 255235.0 811304.1 BC18 Bridge #73 on US4 IE 255507.2 812327.5 BC]9 Bridge #69 on US4 IE 255537.1 812503.5 BC20 Bridge #52 on US4l E 255739.7 813059.9 BC21 Bridge #55 on US4lE (TAMBR55) 255737.7 813000.8 BC22 Guaging station north of intersection US4l 260325.6 814102.2 and Henderson Creek CRK BC23 Bridge at intersection of main Golden Gate 2610]3.2 814112.3 Canal & CR951 GGC 951 , BC24 Bridge #30211 on SR29; 3 miles north of 2612]2.7 812047.3 1-75 BC25 Bridge east of Oil Well Grade Rdon 26] 738.3 812845,9 CR858 in C Keais Strand CCWQ BC26 Intersection of 9 51 Canal and Immokalee 261620.7 8]4121.7 Road Canal CCWQ CHKMATE Middle of Checkmate Pond Fakahatchee 260837.0 812321.4 Strand CCWQ COCAT41 Cocohatchee River @ US41 261605.7 8]4806.8 Page 50f24, Exhibit" C" to Agreement No. ML070554 \ ) Aoenda 11em No. 16C1 ~ May 12, 2009 Page 24 of 49 , - CCWQ COC@IBIS Bridge at intersection of Coconut Palm 26165D 814612.4 River and Ibis Way . . CCWQ COC@LAKE Bridge at intersection of Lakeland Ave. 261622.7 814535.6 and Cocohatche~ River Canal . CCWQ COCPALM Bridge at intersection of Palm Riyer Dr & 260140.0 814641.0 Coconut Palm Riyer . CCWQ CORK@846 Bridge at intersect of Corkscrew Canal & 261640.7 813603.7 CR846 . CCWQ CORKN Bridge just south of COWlty line and USGS 262945,5 812713.9 .:.- gauging station on tram road to Little , Corkscrew Island in Corkscrew Swamp SanctuarY . . CCWQ CORKS Southern most bridge on TramRd in 262956.2 813115.5 sanctuary . CCWQ CORKSCRD Bridge @ intersect of Corkscrew Rd & ' 264412.3 812219.0 canal NE of Corkscrew Marsh 1railhead \ CCWQ CORKSW Canal along tram road at southwest comer 263016,6 813339.7 of Corkscrew Swamn Sanctuarv '. CCWO ECOCORN East ofWCOCORIV site at ami! gate 261620.3 814702.3 CCWQ FAKA Gauging station N of weir @ intersect of 255737.8 813034.2 . US4 l/FakaUnio'n Canal . CCWQ FAKA858 S side of bridge @FakaUnion Canal and 261734.4 813146.7 CR858 . CCWQ FAKAUPOI FakaUnion CanaI@ entrance to Port of the 255721.4 813037.8 Islands rr.arina CCWO GATOR N side of bridge 105 on US41 E 255035.1 805503.7 CCWQ GGC@858 Bridge @ intersect of Golden Gate canal 261735.9 813342.3 and CR858 CCWQ GGCAT31 Bridge @ intersect of Airport Rd 261004.3 814602.3 and Golden Gate Canal. . CCWQ HALDCRK Upstream of amil gate @ intersect 260044 .5 814545.5 . ofUS41 & Haldeman creek .' CCWQ LELY Bridge @ intersect ofUS41 & Laly 262119.3 814442.3 Main Canal CCWQ MONROE Bridge 30096@ intersect ofUS41 '.. 255148.9 810604.2 & Loon Rd . CCWQ OKALA858 Okaloacoochee Slough crossing on I. 261817.4 811731.4 . ..' CR858 . . CCWQ TAMBR90 Bridge 30090 on US41E. 255220.0 810107.5 ." IMKS IMKFSHCK On Lake Trafford Rd. just west of 262559.9 812745.3 "- elementary school at sidewalk \ bridge .... IMKS IMK6STS Second culvert S of Main St on 6th . 262503.9 812519.70 \ '. St S in Irnmokalee IMKS IMKMAD Gopher Ridge Rd. entrance to Gopher 262548.9 812440,81 . Ridge Grove at the end of . Alachua Rd. CanaJ/bridge is . .. '. . located just b'efore vehicle snrav/wash area at OTove entrance, Page60f24,Exhibit" C" toAgreementNo.ML070554 Agenda 11em No. 16C1 May 12,2009 Page 2Sof49 IMKS IMKBRN First bridge over canal on US29 S 262432.57 812352.24. of convergence ofNW and 1'i' .' drainage canals on SE end of .... Immokalee IMKS IMKSLGH On Sanitation Rd. leading to Eustis 262423.60 812545.33 Landfill on east side of road approx. halfway between , entrance gate at Immokalee Water & Sewer District Office and Eustis Landfill ""te. SGGE SGGE5SW Surface water site at Prairie Canal and 260835.4 812810.5 . . . Transect I SGGE SGGE10SW Surface water site at Prairie Canal and 260635.3 812834.4 Transect 2 SGGE SGGElISW Surface water site at Prairie Canal and 260535.1 812738.8 Transect 2 SGGE SGGE16SW Surface water site at Prairie Canal and 260318,2 8 ]2818.5 Transect 3 SGGE SGGE] 7SW Surface water site at Prairie Canal and 260251.3 812628.8 . Transect 3 I. SGGE SGGE22SW Surface water site at Prairie Canal and 260138.1 812841.9, Transect 3 SGGE SGGE23SW Surface water site at Prairie Canal and 260225.5 812747.7 Transect 4 . Page70f24,Exhibit" C" toAgreement1'i'o.ML070554 "-', i Agenda Item No, 16C1 May 12, 2009 Page 26 of 49 ~ Ammonia EPA350.1 0.01 m L ',Monthlv Monthlv Flow BOD SM5210B 2 mg/L Monthlv Monthlv Flow Color EPA 110.2 5 pcu , Monthlv Monthlv N/A Hardness SM2340 B 1.0 mg/L Ouarterlv Monthlv Flow Nitrate /N03) INOx-N02) 0.D1 mg/L , Monthlv N/A F]ow NitritecN02 ) SM4500 N02 B 0.002 mg/L Monthly N/A F]ow - Sodium*** SM3111B 1.7 mg/L " Quarterlv ' N/A N/A NOX EPA 353.2 0.D1 mg/L Monthlv Monthlv N/A OP04 SM 4500 PE 0.004 mg/L , Monthlv Monthly F]ow - -' IDS SM 2540C ' . 2.0 mldL Monthlv N/A Flow TKN SM 4500 0.04 mgIL Monthly Month]y F]ow Nonill , TOC EPA415.1 0.32 mg/L Monthlv N/A N/A TP SM 4500 PE ' 0.004 mg/L Monthlv Monthly F]ow TSS SM 2540 D 2.0 mldL Monthly Monthlv F]ow Turbidity , SM 2130 B O.10NTU Monthly NfA N/A Chloronhvll-a SM ]0200 H 3.0 mg/m' Month1v N/A Flow Phaeonhvtin SM 10200 H 3.0 mg/m' Monthly N/A F]ow Fecal Coliform SM 9222D ] cfu/IOOm] Monthlv N/A N/A - I- Total Coliform SM 9222B 1 cfu/10OmI Monthlv N/A N/A Alkalinity SM 2320B 1.0 mldL Ouarterlv N/A F]ow Calcium SM 3111 B 0.05 mldL Quarterlv Monthly Flow Chloride SM 4500 Cl-E 1.0 mg/L Quarter]v N/A N/A - Fluoride SM 4500 F-C 0.05 mg/L Ouarterlv N/A N/A Magnesium SM3111 B 0.007 mg/L Quarterly Month]y , , F]ow Manganese EPA200.8 " 0.39ugIL N/A N/A Flow (Mn) Disso]ved Silica SM 4500Si-C 1.0 mg/L Quarterly , Monthlv",' , F]ow " Sulfate EPA 375.4, 1.0 mg/L, Quarterlv Monthlv Flow Arsenic ' , EPA 200.8 (As) 1.0ug/L Quarter]y Monthlv N/A , Cadmium EPA200.8(Cd) 0.1 ug/L Ouarterlv N/A " N/A , Chromium ' EPA200.8 (Cr) 2.0 uldL OuarterlY Monthlv , N/A Copper ' EPA 200.8 (Cu) 1.0ug/L Quarterly Month]v , N/A , Iron SM 3111 B 120 ug/L Quarter]v ' N/A ' Flow , Lead EPA200.8 (Pb) 1.0ug/L Quarter]v Monthlv N/A, ' Zinc , EP A 200.87"Zn) 20 ug/L Quarterly , MonthlY- , " N/A, *Laboratory mnst obtain this MOL or a lower value " " *'Frequency is six sample eyents during the wet season from May through October when there are optimum conditions for flow (no stagnant or ponded water samples). "*This parameter will only be collected at the GATOR site nnder project CCWQ Page 80f 24, Exhibit" C" to Agreement No. ML070554 ) Agenda Item No. 16C1 May 12, 2009 Page 27 of 49 Table 3. In Situ parameters, analytical methods, reporting units and accuracy limits Salinity SM 4500-H+ B FDEP SOP FT]500 SM 4500-0 G FDEP SOP FT1200 SM2510A FDEP SOP FT]400 SM 2550 B FDEP SOP FT1300 SM 2520 B +1- 0.2 H units +1- 0.3 mg'L of saturation chart attem flmhoS/Cm +1- 5% of the true value of the KC] standard o C +/- 0.2 .oC ppt NA D th meters 0.01 meter IV. WORK BREAKDOWN STRUCTURE Task]: General Quality Assurance/Quality Control (QAlQC) Requirements All sampling and analytical protocols shall follow the F]orida Department of Environmental Protection (FDEP) Quality Assurance Rule 62-160 Florida Administrative Code (FAC.). The County shall follow the FDEP standard operating procedures (SOP's) for sample collection. Any variance shall be approved by FDEP and must be pre-approved in writing by the District Project Manager prior to implementation. The County shall submit a Field Quality Manual (FQM) for District approval within 1 month of contract execution and shall be responsible for following the requirements under F.A.C. 62-]60 (FDEP Quality Assurance Ru]e). It is required that the FQM shall be kept current with FDEP SOP updates as they occur and the updated FQM shall be submitted to the District for an annual review if there are any changes. This FQM shall summariZe the quality system that will be implemented in sample collection. Through this' FQM, the County shall explicitly commit to incorporating procedures that .will reduce systematic errors within specified tolerable limits. In addition, the COlmty shall document Quality Control (QC) procedures and evaluate the quality of the data being produced. All field activities including on-site tests and sample collection shall follow all applicable procedures described in FDEP-SOP-OOllOl(February 1, 2004). Alternate field procedures may be used only after they have been approved according to the requirements ofRu]es 62-]60.220, and 62-160.330, FAC and approved by the District Project Manager. ' The County's laboratory shall be National Environmental Laboratory Accreditation Program (NELAP) accredited (primary or secondary) with the Florida Department of Health (FDOH) Page 90f 24, Exhibit" C" to Agreement Nd. ML070554 Agenda Item No. 16C1 May 12, 2009 Page 28 of 49 under Chapter ME-I, F.A.C., where such certification is required by Rule 62-160.300, F.A.C. Thelaboratory shall be certified for all specific method/analyte combinations that are analyzed fOTall three projects (CCWQ, IMKS, SGGE). Alternate laboratory methods may be used only after they have been approved according to the requirements of Rules 62-160.220, and 62- ]60.330, F.A.C and approved by the District Project Manager. An updated NELAP approved Laboratory Quality Manual (LQM) and NELAP certificates shall be submitted to the District within one month of contract llxecution. Any changes or updates to the Quality Manua] must be provided to the District within 1 month of the effective date of the update. The County's laboratory shall notify the District Project Manager immediately if it or its subcontractor loses certification for any parameter( s) analyzed for this contract and work may only be continued at the discretion of the District Project Manager. I District QA staff may assess the County's performance as desired. For example, District staff may conduct laboratory and field sampling audits, submit blind and split samples for analysis, and review analytical and field sampling methods. In addition, the County's laboratory shal] participate in Round Robin and laboratory performance evaluation and split sampling exercises at the District's request. The District may require copies oflaboratory bench notes during audits anqlor when necessary to evaluate data. , When requested, the laboratory shall provide the District with results of all performance evaluation and Round Robin studies in which it participates, as well as audit reports. The District may also ask for MDL studies and QC charts during the duration of the agreement. The laboratory shall not change analytical methodologies without prior written approval from the District. If the . laboratory's proposed method is not listed in the approved LQM, they shall provide an FDEP- approved Method Validation package for each method. The minimum quality control requirements for all tests are those that are specified in the County's LQM unless specified as otherwise by the District. The qualification of data will be based on the limits set in the County's LQM and those criteria specified in the following: . Data that are between the MDL and the Practical Quantitative Limit (PQL = 5 x MDL) should be qualified by the County with an (1), . Verify that the method blank recoveries are <MDL. If not, qualify data results with concentrations fal]ing between the PQL and MDL with a (J), . Verify that field quality control samples (i.e. EB, FCEB, etc.) are <:MDL. Blanks that do not pass this criterion are confirmed through rework; data for the blank and associated ' samples that may be affected are flagged. Values are general]y considered affected if they are less than (<) 5x' s the blank value, . Calibration of instruments must be bracketed around expected sample concentrations.. The lowest calibration standard must be no more than 2 x MDL. The highest calibration standard must not be at a level that would either be so high as to decrease sensitivity in the analysis or too low that it would necessitate dilution of a large number of samples, . All documentation must be neat, cornp]ete rind orgailizedso as to allow reconstructionOf' both collection and analysis in the event oflega] proceedings. The County shall provide all data associated with the analyses to the District. The District may Page 10of24,Exhibit" C" toAgreementNo.ML070554 Agenda Ilem No. 16C1 May 12. 2009 Page 29 of 49 refuse payment for data that do not meet the County's Qr District/FDEP quality assurance/quality control criteria. Task 2: Data Transfer Data Formatfor Deliverables . The data shall be submitted to the District in a specific digital format. The County shall evaluate the data in accordance with the data quality objectives stated in the FQM. Al] data submittals shall conform to existing District guidelines or other format' as requested by the District. It is strongly recommended that the County maintain an on-site electronic database of all data collected throughout the life of the project. For all sample matrices, the data shall be submitted in electronic formats on CD. Laboratories working under direct contract for the District shall be requested to implement Automatic Data Processing Too] (ADaPT), which will be provided by the District. Laboratory Receipt and Resu]t E]ectronic Data De]iverab]es (EDD) shall be required to be ADaPT submittals. ADaPT is: A Microsoft ACCESS based electronic data deliverable (EDD) review and validation too] program adopted by both FDEP and the District. This too] aids in processing analytical data, validating format and completeness, checking the data quality and compliance with the method and data quality objectives for all analytical data submitted to the District. The District requires laboratories to utilize the ADaPT software to perform its own automated data review soon after analysis is complete. The laboratory version reads the EDD, checks it against the EDD specifications and against an electronic Quality Assurance Project Plan library for errors. If any error is found it allows and facilitates its correction. After all errors are corrected, it allows for the EDD to be exported as a .!xt or .csv file to be delivered to the District QAlProject Manager. Copies of the validation tools software (ADaPT) will be provided to the County upon request. Data for analysis conducted by the County will be provided to the District as EDDs with the quarterly reports following the format guidelines in Tab]e 5. When District staff detects problems with sample results, the District will notifY the County in writing. The County shall identifY probable cause(s) of the prob]em(s) and submit a written response to the District within two (2) weeks. The District reserves the right to request changes in data format during the duration of the contract. j LaboratolY Receipt Deliverable Upon receipt of samples at the laboratory, the County shal] generate a laboratory receipt fi]e for delivery to the District's QA unit. This file will be forwarded to the District monthly. The laboratory receipt file format will be verified through ADaPT. The County shall forward the - verified version of the receipt file' generated by tlje ADaPT software to a pre-determined list of District staff which will include the District's Project Manager. The file naming convention should be "A" + Contractor FDOH ID + Date (YYYYMMDD) generated + sequence, e.g. A- EI2]2]-2001120l-1. The District will provide the County with a list of recipients for this emai] Page IIof 24, ExhibIt" C" to Agreement No. ML070554 ') Agenda Item No, 16Cl May 12; 2009 Page30bf 49 notification. Laboratory Results Deliverable The County shall perform analysis and provide results in the format outlined in Table 5. The EDD file shall be verified by the County for format and project requirements using ADaPT. The County ~hall correct errors or inconsistencies found by Adapt during data review prior to submission to the District. Any unresolved issues are documented through the ADaPT tooL The EDD shall include data for samples submitted to the County as well as laboratory quality control samples for method blanks, laboratory control samples, matrix spikes, matrix spike duplicates or duplicate samples. EDD's shall be submitted with the quarterly report and are due within 60 days after the.end of the quarter. ' Field Data Ddiverables All field in-situ measurements should be submitted to the District with the quarterly reports in a ' separate EDD. Al] data submittals must conform to the following guidelines or other format as desired by' the District as shown in Tab]e 4 and include the following: 1) Fie]d data deliverab]es must be submitted to the District Project Manager on a CD, using a consistent file naming convention, i.e.. XXX-2001l201-1.CSV (laboratory name + date (YYYYMMDD)+ sequence number). 2) Al] data files sha1l be submitted in ASCII coma delimited format. 3) Character fields that may contain commas shall be enclosed by quotation marks. 4) The Contractor shall report all required fields in the data file, in the order in which they appear as described in the table below. Files will not be accepted with missing information. 5) Al] field positions are required. If there is no value for a field, a comma shall still . be placed in the file to represent that position. For example: Field 1, Fie]d 2, Fie]d 4. Fie]d 3 has no value but the position is still represented by having two commas. 6) Contractor shall not report any data for missing results (0, -99, or blank). Files should be in ASCII type in a comma delimited format. The fields arid the required order are described. be]ow. Page t20f 24, Exhibit" C" to Agreement No. ML070554 Agenda Item No. 16C1 May 12, 2009 Page 31 of 49 Table 4. Format for Field Data Deliverable -- -_.~--~ . -- ..- --- - ~ --- --~ - -. --.~~,....".,,.,............-~-.,,..,,.,~ , i , - _. - .. - - -- "-~~ - -- - -- Lab (LlMS) Number * 1 to 13 characters L2555-20 Field Number * " 1 to 13 characters P1233-3 Proj eet code * 1 to 8 characters MBLS Sampling Date * 8 digits YYTIMMDD 20000119 Sampling Time * 4 digits HHMM (Military) 1305 Station Code * 1 to 10 characters MBLS18 Sample Type 1 to 10 characters (Laboratory QC SAMP, EB, FB samples would be identifY here) Program Type 1 to 4 characters MON, EXP Collect Method 1 to 4 characters G, ACF, ACT Matrix ] to 4 characters SW, GW, BFI Sampling Depth (m) * 1 to 4 digits 0.5 Parameter Name * ] to 30 characters TP04, TKN, . OP04 Storet Code 5 digits. If code is <5 digits, then 665 leading zeros must be used Method Name ] to 20 characters (EP A or EP A ' SM4500PF accepted SOP #) Analysis Date * 8 digits YYYYMMDD 20000]20 Analysis Time * 4 digits HHMM (Mi]itary) ]400 Practical Quantitative Limit 9 digits total, 4 decimals (F9 A) 0.016 Method Detection Limit * 9 digits total, 4 decimals (F9A) 0.004 9 digits total, 4 decimals. For result Resu]t * values that are below detection limits, 0,05 the result value shall equal negative MOL and the remark code shall be U Units * 1 to 8 characters mgIL Batch 1 to 13 characters used to link sample ]0 or WGlOO , with laboratory QC submitted , ] to 3 Characters (as specified in Remark Code District flagging criteria U , docmnentation ) , . I to 240 characters (no commas in Large amount of Comments between comments) Laboratory QC suspended solids samples shal] use this field to indicate in the sample . , . ' , the original sample spike or duplicate. . , Page I3of24,Exhibit" C" toAgreementNo.ML070554 ') Agenda l1em No. 16C1 May 12, 2009 Page 32 of 49 Project Library An electronic project library shall be generated by the County to document project specific requir=ents. The library is created using ADaPT. The District ProjeciManager or assigned staff will review, approve and maintain the electronic project library prior to use. This library will be used by the County and District staff during EDD error check and data validation process. Any changes in ]aborat{)ry protocols that affect the project library need to be communicated to the District and once approved incorporated in the project library. Task 3: Surface Water Sample Collection, Analyses and Data Deliverables for Projects CCWQ and IMKS The County shall collect surface water samples from 49 CCWQ and 5 IMKS stations identified in Table 1 for the parameters, sampling frequencies, analytical methods and method detection limits (mdl's) as listed in Table 2. Sampling and analysis for projects CCWQ and IMKS shall be performed as described in the County's FQM and LQM and as described in Task 1., Data deliverables shall be provided to the District in accordance with the requirements of Task 2, Data Transfer. All samples shall be collected in accordance with the County's FQM which requires collection at O.3m below the surface when the total water depth is 1.5 meters or greater and bottom readings when total depth is also 1.5 meters or greater, Surface and bottom measurements of pH, DO, salinity, specific conductivity and temperature will be measured at all CCWQ and IMKS stations whenever the depth of water exceeds 1.5 meters, to determine if there is stratification. If the depth of water is less than 1.5 meters, only surface measurements are collected. Stage recordings (staff gauge readings) shall be noted for sites where this instrumentation is available. Task 4: SGGE Surface Water Sample Collection The seven (7) SGGE sites identified in Table 1 shall be visited during the wet season generally from May to October. Sampling is not to exceed six (6) events per year and SGGE sites are to be sampled only when there is sheet flow occurring across a sampling location as outlined in the Picayune Strand's Water Quality Monitoring Work Plan. A sample tripwi]lbe scheduled only after observations confirming flow conditions are made at SGGE sites during a CCWQfIMKS water quality monitoring event.' F]ow observations combined with rainfall everits mllstprovide reasonable assurance that adequate water levels will exist within the SGGE project area to justify a sampling event., This information shall be commwllcated with the District Project Manager for concurrence prior to scheduling a sampling event. The County will follow the methodology for determining flow as described in section 5.1.1 of the Water Qua]ity Monitoring \york Plan for Picayune Strand. The methodology is as follows: , . "F]ow will be determined by disturbing the sediment or.particulates away from (downstream and downwind) the desigllated sample site, Using a white or light -colored, opaque piece of plastic (such as the underside of a secchi disk) placed at least six inches below surface in the disturbed area, flow will be determined visually by any evidence of Page 14of24, Exhibit" C" to Agreement No. ML070554 Agenda 11em No. 16C1 May 12. 2009 Page 33 of 49 sub-surface movement of particles across the white background". SGGE surface water samples are collected at mid-depth as specified in the Water Quality Monitoring Work Plan for Picayune Strand and referenced by the QASR and (FDEP) marsh sampling protocol.' Sample collection and analysis shall adhere to General Quality Assurance/Quality Control (QNQC) requirements and data format and deliverab]e requirements listed in Task 1 and 2. ' Samples shall not be collected if the water column is less than 10 em deep and shall be noted in the field notes. Task 5: SGGE Surface Water Sample Ana]ysis and Data Deliverab]es All SGGE samples collected under Task 4 shal] be analyzed by the County for the parameters listed in Tab]e 2 .and 3dherillg to the requirements of Task 1 for laboratory analysis. Data deliverab]es shall be provided to the District in accordance with the requirements of Task 2, Data Transfer. The total number of samples to be analyzed for project SGGE during the six sample events shall not exceed 50 samples including the required quality control samples (6 events * 7 sites = 42 samples plus 8 QC samples, i.e. EB, FCEB, RS's). Parameters to be collected are listed in Tab]e 2. Page 150f24, Exhibit" C" to Agreement No. ML070554 , ~cnO) 00.". c.oO,,- ~NO ..". ;::'0) " '" " EiU'OJ DOl ,"2'''' "'''' ." '" Il .>: " ro ",0'0 0 ".0 " D 0 -~ 1\1 ([j c '" "' eH '" " M " OJ ""'" <{ " .-< " 0" 0 .-< ",,,, " " '" 0 " " '" o " m .. 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OJ ~ ID . ,,' 00 " ID '" 0< '" '" " "0 "0 &" " . "", oo" "" " . .., "'" ~" M .." ~ > . ~ " . . ~ e'" @ '" . " ~ . 0 '" u " " . . 0 . "," " H E-<~ ~ . " "" . . . 0 z, . . ,., ..- '" :g t- o ~ c:i Z ~ 5 " ~ 00 -< .8 u : ~ .~ ,D ~ [lJ ..; '" ~ o '" '" " i'J' P-. " ,;;, ~ - " .,1 ~ '. E-< 0 H ",' U " . "', '" " "" " " 0 '" . :' . " \ , Agenda Item No. 16C1 May 12, 2009 Page 42 of 49 Task 6: Reporting Quarterly reports for data collected for projects CCWQ and IMKSshaJ.I be submitted within 60 days of the end of the reporting period (i.e. data for the period Jan,':" March shall be submitted by May 3]). The quarterly report shall also include project SGGE if it was sampled during the quarterly period. Quarter]y reports shall include the following: I) Identify activities undertaken during the reporting period 2) State any problems encountered (including missed samples) 3) All analytical results and a statement to attest to the validity of the data 4) Include al] quality assurance statistics and reports (i.e. the results of field blanks, equipment blanks and precision as percent relative standard deviation). 5) Laboratory summary report (scanned in PDF format) which include: report of analyses for each analyte or parameter per sample; , _ QC Report - % RPD/RSD, % MSDIMSDsIDUPs, % Recovery; ICVs, CCVs, LCS, ICB, CCBs, MBs; Calibration report (graph/data) - showing r values run logs COC and field sheets The report shall, at a minimwn, include/discuss the following: L Project Background (Introduction) . Purpose of monitoring project . Period covered by report II. Methods ~ Field Sampling . List parameters (i.e. temperature, salinity, pH, DO, etc.) and procedures used to collect insitu field'data at each site including instrument make/mode] , . Describe how water samples collected (i.e. Van Dom, Niskin, Alpha bottles including type and capacity) ~ Laboratory Ana]ysis . Provide analytical method, instrument type/model used and method , detection limit (MDL) for each parameter (ifMDL changed during year, list MDL value and date of change) , . Summarize QAlQC information for monitoring period ~ Problems Encountered . In Tab]e format, detail monitoring prob]ems,encountered during the reporting period (i.e. equipment failure, scheduling problems, etc). Page 230f 24, Exhibit" C" to Agreement No. ML070554 ;,1' " ! ) Agenda l1em No. 16C1 .M1lY 12 2009 · Include how these problems were resolved and what steps take'l"#Qe 43 of 49 ensure they won't be repeated. Discuss delays due to hurricanes, tropical storms, or other unforeseen events. m. Results and Discussions · Discuss any effects of climato]ogical and hydrologic events (hurricanes, tropical storms, drought, etc. )on sampling during the , reporting period v. COUNTY IN-KlND SERVICES CON1RIBUTION The County shall contribute in-kind services which include field sampling services (equipment and po:;rsonnel), in house laboratory analysis, project management and quarterly data summary reports. VI. CONTINGENCIES The County shall make every effort to complete all tasks as described. The County shall notify . the District Project Manager of any problems that may occur which would inhibit the collection or analysis of water quality data required for this Agreement. Expedient monitoring may be requested during or after unusual weather events that may affect water related resources. Whi]e every effort will be made to acco=odate such requests, unscheduled monitoring will be conducted based on County staff avai]ability and it is understood that some requests may not be fu]filled. I. Page 240t24 , Exhibit" C" to Agreement No. ML070554 " ) Agenda 11em No. 16C1 May 12, 2009 Page 44 of 49 E:x:HIB1T "D" PAYMENT AND DELIVERABLE SCHEDULE The Field Quality Manual, Laboratory Quality Manual and NELAP Certification identified in Task1 shall be submitted within one (1) month of contract execution and no less than annually thereafter. The Calmty shall invoice the District on a quarterly basis for Tasks 3 and 6. Tasks 4 and 5 for project SOGE shall be included with the quarterly invoice only if sampling events occur within the quarterly invoicing period since sampling is based on flow conditions. There will be no separate payment for Tasks 1 and 2. All electronic data deliverab]es and reports shall be submitted within: 60 'days of the' end of the quarterly reporting period, (i.e. data for the months of January, February and March shall be submitted by May 31). Al] invoices shall list the de]iverables submitted to the District and the reporting period the invoice covers. Upon receipt and acceptance of deliverabies by the District, the District agrees to pay the County as specified below and in accordance with Exhibit "C", However, the District may refuse full payment for data that do not meet the County's or DistrictJFDEP QAQC criteria. The total not to exceed consideration to be provided by the District under this agreement is $]60,000.00 for FY07, $166,400 for FY08, and $173,056 for FY09. Payment and Deliverable Schedule in accordance with Exhibit "c' , Statement of Work Task Deliverable Description FY07 FY08 FY09 Payment Amount Payment Amount Payment Amount 1 General Quality Assurance/Quality $0 $0 $0 Control (QAlQC) Requirements , 2 Data Transfer " $0 , $0 $0 " 3 Surface Water Sample Collection, $32,225/Qtr not to $33,514/Qtr not to $34,855/Qtr not to u Analyses and Data Deliverables for exceed $ I 28,900/yr exceed $134,056/yr exceed $139,420/yr Projects CCWQ and IMKS '" .. , " 4 SGGE Surface Water Sample $1,100.00 per eyent $1,144.00 per $1,190.00 per Collection not to exceed six event not to exceed. event not to exceed events at $6,600/yr six events at ' six events. at , $6,864/yr $7,140/yr , 5 SGGE Surface Water Sample Analysis , $130.00 $135.20 $140.60 . and Data Deliverables per sample not to per sample not to per sample not to, exceed 50 samples at exceed 50 samples exceed 50 samples , . $6,500/yr , total at $6,7 60/yr total at $7,030/yr , . 6 Reporting " $4,500IQtr not to $4, 680/Qtr not to $4,866.50/Qtr not . exceed $ 18,000/yr exceed $ I 8, nO/yr to exceed . $19,466/yr Tota] Payments per Fiscal Year $160,000 $166,400 $173,056 Page 10fl , Exhibit" D" to Agreement No. ML070554 )..." "1 'r-:..O)0). QO"::;t rIJ'C) .::.. ...-N;O ONL{) Z"."'-"'9" >;'(1)' ,"roO) ~26':. ro -g~". ii)' 0)' ~ ';' ,/ " 8 SOUTH FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 36OO001301-AOl AMENDMENT NO, 01 TO AGREEMENT NO, 3600001301 (ML070SS4) BETWEEN THE SOUTH~RIDA WATER MANAGEMENT DJST:RICf AND BOARD OF COUNTY COMMISSIONERS - COl.' ,ma COUNTY MAR' 0 4 2009 ThisAMENDMENTNO,l,enteredintoon ':"els :J41~' to that AG dated September 21, 2006, between "the Parties," the South Florida Water Management Di (DISTRICT), and the Board of County Commissioners (BOCC) - Collier County (COUNTY). WITNESSETH THAT: WHEREAS, the Parties entered into an AGREEMENT for the collection and analyses of surl'ace water quality sampling in Collier COImty; and WHEREAS, the AGREEMENT may be amended with the prior written approval of the Parties; and WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the Staten:tent of Work:, decrease the tilnding, and revise the Payment and Deliverable Schedule of the AGREEMENT; NOW TIffiREFORE, the DISTRIcr and the COUNTY, in consideration of the mutual benefits :Oowing frOm each to the other, do hereby agree as follows: 1. This AMENDMENT NO. 01 shall be effective upon the date of execution by the Parties. 2. The rnonelliry Consideration for the AGREEMENT is hereby decreased by an amount not.to- exceed Forty-t.hree Thousand Two Hundred Twenty-seven Dollars and No Cents ($43,227.00) for Fiscal Year 2009. The total revised not-to-exceed AG~ amount is Four Hundred Fifty-six ThoU5lUld Two Hundred Twenty-nine Dollars and No Cents ($456,229.00). 3. The Statement of Work, attached as Exhibit "C" to the AGREEMENT, is hereby amended in accordance with Exhibit "CI ", attached hereto and made a part of this AMENDMENT NO, tn. 4. The Payment and Deliverab]e Schedule is also hereby revised in accordance with Exhibit nDI n, attached hereto and made a part of this AMENDMENT NO. 01. P.~e 1 of2, Amendment No. 01 to Agreement No. 3600001301 (ML070S54) ", e Agenda Item No. 16C1 May 12, 2009 Page 47 of 49 soum FLORIDA WATER MANAGEMENT DISTRICT AMENDMENT 5. The Agreement Number is hereby amended to 3600001301 (from ML070554) to conespond with the DISTRICT's new database. All future correspondence (notices, invoices, etc.), shall reference the new AGREEMENT Number. 6. All other terms and conditions of the AGREEMENT, as amended, remain unchanged. IN WITNESS WHEREoF, the Parties or their duly authorized representatives hereby execute this AMENDMENT NO, 01 on the date first wriUen above. SOUIll FLORIDA WATER MANAGEMENT DISTRICf SFWMD P1t0CURllMEHr APPROVED By: 6 BY:FA..4~<Ik~Al J Date: 10 / ~/ I),f' / ROCC - COLLIER COUNTY tfJ~ ~A-a. By: Do"nna'Yiala D'I'D'f _' .1L~~ ~~ ' /'ofJ,.;~", k-r,k ~~~~ .-;:,.. / .', :;' ...,..,.~,.... , , t .;'s'1-'~;~;" "~ "" ; : ~:,.,,\~_ .:-.~:L}. :g.: , . \ ~I~ih~~..ii . <41, "."'i;t:,..,-:;.~'i . . '..JJ~ . ~'\~"';i- Title: Chairman A.ppro"~:i M U> fo:tk\\ ll; l~iAl ~"'!l""~."iy A ~~~~A'~ ~<&> Page 2 of2, Amendment No. VI to Agreement No. 3600001301 (ML070554) Agenda 11em No. 16C1 May 12, 2009 Page 48 of 49 l EXHIBIT "Cl" STATEMENT OF WORK COLLECTION AND ANALYSES OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY This Amendment No. 01 is issued to: . Reduce the FY 2009 funding by $43,227; total FY 2009 budget is $129,829.00 . EHminlllp. the following analytical parameters: F]uoride, Total Coliforms and Total Dissolved Solids at the request of Collier CoWlty. All other deliverables (sampling locations and reporting) associated with Agreement No. 360000130] sha1I remain intact. l____ Page I of I, Bll:hibit ''CI''to ~ No. 360000130I-AOI Agenda 11em No. 16C1 May 12, 2009 Page 49 of 49 EXHIBIT "Dl" PAYMENT AND DELIVERABLE SCHEDULE The Field Quality Manual, Laboratory Quality Manual and NELAP Certification identified in Task 1 shall be submitted within one (J) month of contract execution and no less than annually thereafter. The Crnmty shall invoice the District on a quarterly basis for Tasks 3 and 6. Tasks 4 and 5 for project SOGE shall be included with the quarterly invoice only if sampling events occur within the quarterly invoicing period since sampling is based on flow conditions. There will be no separate payment for Tasks I and 2. All electronic data deliverables and reports shall be submitted within sixty (60) days of the end ()f the quarterly reporting period, (i,e., data for the period January - MlllCh shall be submitted by May 3]). All inv()ices shall list the deliverables submitted to the District and the reporting period the invoice covers. Upon receipt and acceptance ()f deliverables by the District, the District agrees to pay the Cmmty as specified below and in accordance with the Stalement of Wark. However, the District may refuse full payment for data that do not meet the County's or DistrictlFDEP QAQC criteria. The total not-to- exceed consideration to be provided by the District tmder this Agreement is $456,229.00 ($160,000.00 forFY07; $166,400 for FY08, and $129,829 for FY09), Tat Deliverable DeserlptioG FY07 FYOS FYll9 Payment Amount Payment AlIIOUot Payment ADIOoot ] Geoeral Quality AssuranceIQuality $0 $0 $0 Control (QA/QC) Requirements 2 Dlltll TranstCr $0 $0 $0 3 Surfilce Willer Sample Collection, S32,225/Qtr not to S33,514lQtr not to S26,148.75/Qtr nOt An8Iyses ond Date Delivcrables for exceed S I 28,90011' exceed $1 34,056/yr to exceed Projects CCWQ and fMKS SJ04,595/yr 4 SGGE Surfilce Water Sample $1,100.00 per eyenl SI,I44.00 per $892.66 per eyent Collection not to exceed six event not to exceed not to exceed six events at S6,600/yr six events at events at S5,3561yr $6,864/yr 5 SGGE Surfiu:e Water Sample $130.00 $135.20 $105.48 Analysis and D8Ia DeIiverohles per _Ie not to per sample DOt to per sample not to exceed 50 samples at exceed 50 samples exceed 50 samples S6,500/yr total at $6,7601yr total at $5,274/yr 6 Reporting $4,500/Qtr not to $4, 680/Qtr not to $3,65 J/Qtr not to exceed S18,OOOlyr exceed $ 18,7201yr exceed $ 14,604Iyr Total Pay.eats per Fiseal Year $160,000 $166,400 $129,829 Page 1 of!, Exhibit"Dl" toAgreemern No. 3600001301-AOl