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Agenda 10/27/2009 Item #16C 3Agenda Item No. 16C3 October 27, 2009 Page 1 of 24 EXECUTIVE SUMMARY Recommendation to approve Agreement No. 4600001904 with the South Florida Water Management District for the Continued Collection of Surface Water Quality Samples in Collier County in the Amount of $210,000. OBJECTIVE: To have the Board of County Commissioners approve the attached staff recommended Agreement between the County and the South Florida Water Management District (Agreement No. 4600001904). CONSIDERATIONS: With this Agreement, the County's Pollution Control & Prevention Department (PC &PD) and South Florida Water Management District (SFWMD) will continue for another three years what has been a ten year water quality monitoring program within Collier County. The Agreement provides that the PC &PD will collect samples monthly at twenty -six (26) surface water sites as specified in the Agreement. Samples will be analyzed by the SFWMD laboratory in West Palm Beach. The water quality data generated from this project will be made available publicly through SFWMD's web -based environmental database. FISCAL IMPACT: This Agreement will fund the County up to $210,000 for an additional three years beginning in Fiscal Year 2010. Payments will be received from the SFWMD quarterly based on completion of the County's required deliverables as specified in the Agreement not to exceed $70,000 per year. The annual revenue in the amount of $70,000 has been budgeted for Fiscal Year 2010 under Water Pollution Control Fund 114 and will continue under Water Pollution Control Fund 114 for the remainder of the three year Agreement. LEGAL CONSIDERATION: This item is legally sufficient for Board action. -JW GROWTH MANAGEMENT IMPACT: The scope of the Agreement complies with and is consistent with the requirements of the Conservation and Coastal Management Element of the Growth Management Plan relative to surface water quality monitoring. RECOMMENDATION: Staff is recommending that the Board of County Commissioners approve the attached Agreement (No. 4600001904), whereby the South Florida Water Management District will pay the County's Pollution Control & Prevention Department a total sum of money (not to exceed $210,000) to collect surface water samples within the Big Cypress Basin for another three years beginning in Fiscal Year 2010. Prepared by: Rhonda J. Watkins, Principal Environmental Specialist Pollution Control & Prevention Department i Page 1 of 2 Agenda Item No. 16C3 October 27, 2009 Page 2 of 24 file: / /CAAgendaTest \Export\137- October 27,2009\1 6. CONSENT AGENDA \16C. PUBLI... 10/21/2009 COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS Item Number: 16C3 Item Summary: Recommendation to approve Agreement No. 4600001904 with the South Florida Water Management District for the Continued Collection of Surface Water Quality Samples in Collier County in the Amount of $210,000. Meeting Date: 10/27/2009 9:00:00 AM Prepared By Rhonda Watkins Principal Environmental Specialist Date Public Utilities Pollution Control & Prevention 10/5/2009 9:09 :02 AM Approved By Thomas Wides Operations Director Date Public Utilities Public Utilities Operations 10/512009 11:01 AM Approved By Jeff Wright Assistant County Attorney Date County Attorney County Attorney Office 10/7/2009 1:35 PM Approved By Dianna Perryman Contract Specialist Date Administrative Services Purchasing 10/8/2009 8:30 AM Approved By Steve Carneil Purchasing /General Svcs Director Date Administrative Services Purchasing 1019/2009 8:10 AM Approved By Ray Smith Director Date Public Utilities Pollution Control & Prevention 1019/2009 11:39 AM Approved By Jeff Klatzkow County Attorney Date County Attorney County Attorney Office 10/9/2009 11:44 AM Approved By James W. DeLony Public Utilities Administrator Date Public Utilities Public Utilities Administration 10/12/2009 8:47 AM Approved By OMB Coordinator OMB Coordinator Date County Manager's Office Office of Management & Budget 10/1412009 11:08 AM Approved By file: / /CAAgendaTest \Export\137- October 27,2009\1 6. CONSENT AGENDA \16C. PUBLI... 10/21/2009 Page 2 of 2 Agenda Item No. 16C3 October 27, 2009 Page 3 of 24 Randy Greenwald Management/Budget Analyst Date County Manager's Office Office of Management & Budget 10/14/2009 3:58 PM Approved By Mark Isackson Budget Analyst Date County Manager's Office Office of Management & Budget 10115/2009 4:36 PM file://C:\AgendaTest\Export\ 13 7-October 27, 2009 \16. CONSENT AGENDA \16C. PUBLI... 10/21/2009 Agenda Item No. 16C3 October 27, 2009 SOUTH FLORIDA WATER MANAGEMENT DISTRICT 4 of 24 AGREEMENT THE SOUTH FLORIDA WATER MANAGEMENT This number most appear on all Invoices and Correspondence DISTRICT (hereinafter referred to as DISTRICT) HEREBY ENTERS INTO THIS AGREEMENT WITH: Agreement No. 4600001904 Name: COLLIER COUNTY BOARD OF COUNTY 7777 COMMISSIONERS Address: 3301 E. Tamiami Trail Naples, FL 34112 Project Manager: Rhonda J. Watkins Telephone No: (239) 252 -2574 Email: RhoodaWatkins @colliergov.net Hereinafter referred to as: COUNTY PROJECT TITLE: COLLECTION OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY The following Exhibits are attached hereto and made a part of this CONTRACT: 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 Deliverable Schedule Exhibit "K" - Not Applicable Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable Exhibit "G" - Not Applicable TOTAL CONTRACT AMOUNT $210,000.00 CONTRACT TYPE: Not- to-Exceed Multi -Year Funding (If Applicable)* Fiscal Year. October 1, 2009 -September 30, 2010 $70,000.00* Fiscal Year: October 1, 2010 -September 30, 2011 $70,000.00* Fiscal Year: October 1, 2011 -September 30, 2012 $70,000.00* *Subject to District Governing Board Annual Budget Approval CONTRACT TERM: Three Years EFFECTIVE DATE: November 1 2 District Project Manager: Kim Hanes District Contract Specialist; Bernadette Harrison Telephone No: (561) 753 -2400, Ext. 4749 ph e N Telephone No: (561) 682 -6378 Fax No. (561) 682 -5587 Fax 682 -5065 Email: khans fwmd. ov Email: bharriso @sfwmd.gov SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT: SUBMIT NOTICES TO THE COUNTY AT: South Florida Water Management District Attention: Procurement Department -Notices Collier County Pollution Control & Prevention Department 3301 Gun Club Road Health & Community Services Bldg. West Palm Beach, Florida 33406 3301 E. Tamiami Trail Attention: Accounts Payable - Invoices Naples, FL 34112 P.O. Box 24682 Attention: Rhonda J. Watkins, Principal Environmental West Palm Beach, FL 33416 -4682 Specialist IN WITNESS WHEREOF, the authorized representative hereby executes this AGREEMENT on this date, and accepts all Terms and Conditions under which it is issued. COLLIER COUNTY BOARD OF COUNTY COMMISSIONERS SOUTH FLORIDA WATER MANAGEMENT DISTRICT Accepted By: Accepted By: Signature of Authorized Representative Frank Hayden, Procurement Director Donaa Fiala Date: Title: /)Chairman Approv SFWMD PROCUREMENT APPROVED By: Date: S , vv 1 S'7 ANLI2 r f'n ~COL d Agenda Item No. 16C3 SOUTH FLORIDA WATER MANAGEMENT DISTI Zoos ge , 5 of 24 EXHIBIT "B" GENERAL TERMS AND CONDITIONS ARTICLE 1- STATEMENT OF WORK 1.1 The COUNTY shall, to the satisfaction of the DISTRICT, Uly and timely perform all work items described in the "Statement of Work," attached hereto as Exhibit "C" and made a part of this AGREEMENT. 1.2 As part of the services to be provided by the COUNTY under this AGREEMENT, the COUNTY shall substantiate, in whatever forum reasonably requested by the DISTRICT, the 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, the COUNTY hereby agrees to be bound by all applicable DISTRICT policies and standards of conduct listed in Attachment 1, "Contractor Policy Code Acknowledgement" to Exhibit "C" and shall require each individual performing such on -site work to execute the Attachment 1 form. It is the COUNTY's responsibility to advise its employees or hired workers of the nature of the project, as described in Exhibit "C ". The COUNTY shall determine the method, details and means of performing the services, within the parameters established by Exhibit "C ". The DISTRICT shall provide additional guidance and instructions to COUNTY's employees or hired workers where necessary or appropriate as determined by the DISTRICT. ARTICLE 2 - 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 multi -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 approve funding for any subsequent fiscal year, this AGREEMENT shall terminate upon expenditure of the current funding, notwithstanding other provisions in this AGREEMENT to the contrary. The DISTRICT will notify the COUNTY in writing after the adoption of the final DISTRICT budget for each subsequent fiscal year if funding is not approved for this AGREEMENT. 2.3 The COUNTY assumes sole responsibility for all work which is performed pursuant to the Statement of Work, Exhibit "C ". By providing funding hereunder, the DISTRICT does not make any warranty, guaranty, or any representation whatsoever regarding the correctness, accuracy, or reliability of any of the work performed hereunder. 2.4 The COUNTY by executing this AGREEMENT, certifies to truth-in- negotiation, specifically, that wage rates and other factual unit costs supporting the consideration are accurate, complete, and current at the time of contracting. The COUNTY agrees that the DISTRICT may adjust the consideration for this AGREEMENT to exclude any significant sums by which the consideration was increased due to inaccurate, incomplete, or non - current wage rates and other factual unit costs. The DISTRICT shall make any such adjustment within one (l) year following the expiration or termination of this AGREEMENT. ARTICLE 3 - EWOICING AND PROMPT PAYMENT 3.1 The COUNTY'S invoices shall reference the DISTRICT's Contract Number and shall be sent to the Page 1 of 9, Exhibit "B" to Agreement No. 4600001904 Agenda Item No. 16C3 SOUTH FLORIDA WATER MANAGEMENT DISTI ` e 6 2009 g , of 24 0 EXHIBIT "B" GENERAL TERMS AND CONDITIONS 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 deliverable basis, pursuant to the schedule outlined in the Payment and Deliverable Schedule, attached hereto as Exhibit "D" and made a part of this AGREEMENT. In the event the schedule does not specify payment on a completion of deliverable basis, all invoices shall be substantiated by adequate supporting documentation to justify hours expended and expenses incurred within the not- to- exceed budget, including but not limited to, copies of approved timesheets, payment vouchers, expense reports (including approved travel costs, if applicable), receipts and subcontractor invoices. 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 Florida Statutes, Section 218.70, Florida Prompt Payment Act, a "proper" invoice is defined as an invoice that conforms to all statutory requirements and all DISTRICT requirements as specified in the AGREEMENT for invoice submission. The time at which payment shall be due from the DISTRICT shall be forty-five (45) days from receipt of a proper invoice and acceptance of services and/or deliverables, based on compliance with the statutory requirements set forth in Section 218.70, F.S. and upon 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 unavoidable delay in payment by the DISTRICT. All payments due from the DISTRICT for a proper invoice and acceptable services and/or deliverables and not made within the time specified in this section shall bear interest from thirty (30) days after the due date at the rate of one percent (1 %) 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 resolved by the appropriate department of the DISTRICT shall be concluded by final written decision of the DISTRICT Leadership Team not later than sixty (60) days after the date on which the proper invoice was received by the DISTRICT. 3.4 Unless otherwise stated herein, the DISTRICT shall not pay for any obligation or expenditure made by the COUNTY prior to the commencement date of this AGREEMENT. ARTICLE 4 - PROJECT MANAGEMENT/ NOTICE 4.1 The parties shall direct all technical matters arising in connection with the performance of this AGREEMENT, other than invoices and notices, to the attention of the respective Project Managers specified on the cover /signature page of the AGREEMENT for attempted resolution or action. The Project Managers shall be responsible for overall coordination and oversight relating to the performance of this AGREEMENT. The COUNTY shall direct all administrative matters, including invoices and notices, to the attention of the DISTRICT's Contract Specialist specified on the cover /signature page of the AGREEMENT. All formal notices between the parties under this AGREEMENT shall be in writing and shall be deemed received if sent by certified mail, return receipt requested, to the respective addresses specified on the cover /signature page of the AGREEMENT. The COUNTY shall also. provide a copy of all notices to the DISTRICT'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 the 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 attributable to the negligent acts or omissions of the Page 2 of 9, Exhibit "B" to Agreement No. 4600001904 Agenda Item No. 16C3 SOUTH FLORIDA WATER MANAGEMENT DIST 417, Zoos e 7of24 0- EXHIBIT "B" GENERAL TERMS AND CONDITIONS COUNTY and the officers, employees, servants, and agents thereof. The COUNTY warrants and represents that it is self - funded for Worker's compensation and liability insurance, covering at a minimum bodily injury, personal injury and property damage with protection being 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 (1) denying to either party any remedy or defense available to such party under the laws of the State of Florida; (2) the consent of the State of Florida or its agents and agencies to be sued; or (3) a waiver of sovereign immunity of the State of Florida beyond the waiver provided in Section 768.28, Florida Statutes. 5.2 In the event the COUNTY subcontracts any part or all of the work hereunder to any third party, the COUNTY shall require each and every subcontractor to identify the DISTRICT as an additional insured on all insurance policies as required by the COUNTY. Any contract awarded by the COUNTY for work under this AGREEMENT shall include a provision whereby the COUNTY's subcontractor agrees to indemnify, and pay on behalf, and hold the DISTRICT harmless from all damages arising in connection with the COUNTY's subcontract. ARTICLE 6 - TERMINATION/REMEDIES 6.1_ _ It is the policy of the DISTRICT to encourage good business practices by requiring contractors to materially perform in accordance with the terms and conditions of the DISTRICT AGREEMENT. In accordance with DISTRICT Rule 40E -7, Part II, F.A.C., "material breach" is defined as any substantial, unexcused non- performance by failing to perform an act that is an important part of the transaction or performing an act inconsistent with the terms and conditions of the AGREEMENT. If the COUNTY materially fails to fulfill its obligations under this AGREEMENT, the DISTRICT will provide written notice of the deficiency by forwarding a Cure Notice citing the specific nature of the material breach. The COUNTY shall have thirty (30) days to cure the breach. If the COUNTY fails to cure the breach within the thirty (30) day period, the DISTRICT shall issue a Termination for Default Notice. Once the DISTRICT has notified the COUNTY that it has materially breached its contract with the DISTRICT, by sending a Termination for Default Notice, the DISTRICT'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 the factors detailed in Rule 40E- 7, Part II, F.A.C. 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 recover reprocurement costs in addition to all other remedies under law and/or equity. 6.2 The DISTRICT may terminate this AGREEMENT with 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 whole, or from time to time in part, whenever the DISTRICT shall determine that such termination is in the best interest of the DISTRICT. Any such termination shall be effected by delivery to the COUNTY of a Notice of Termination specifying the extent to which performance of work under the AGREEMENT is terminated, and the date upon which such termination becomes effective. In the event of termination for convenience, the DISTRICT shall compensate the COUNTY for all authorized and accepted deliverables completed through the date of termination in accordance with 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 all payments to the COUNTY for such work until such time as the DISTRICT determines the exact amount due to the COUNTY. 6.3 In the event a dispute arises which the project managers cannot resolve between themselves, the parties shall have the option to submit to non - binding Page 3 of 9, Exhibit "B" to Agreement No. 4600001904 Agenda Item No. 16C3 �q Ar 27, 2009 10 SOUTH FLORIDA WATER MANAGEMENT DIST 1. ge 8 of 24 EXHIBIT "B" �.. GENERAL TERMS AND CONDITIONS mediation. The mediator or mediators shall be impartial, shall be selected by the parties, and the cost of the mediation shall be borne equally by the parties. The mediation process shall be confidential to the extent permitted by law. 6.4 The DISTRICT may order that all or part of the work stop if circumstances dictate that this action is in the DISTRICT's best interest. Such circumstances may include, but are not limited to, unexpected technical developments, direction given by the DISTRICT's Governing Board, a condition of immediate danger to DISTRICT employees, or the possibility of damage to equipment or property. This provision shall not shift responsibility for loss or damage, including but not limited to, lost profits or consequential damages sustained as a result of such delay, from the COUNTY to the DISTRICT. If this provision is invoked, the DISTRICT shall notify the COUNTY in writing to stop work as of a certain date and specify the reasons for the action, which shall not be arbitrary or capricious. The COUNTY shall then be obligated to suspend all work efforts as of the effective date of the notice and until further written direction from the DISTRICT is received. Upon resumption of work, if deemed appropriate by the DISTRICT, the DISTRICT shall initiate an amendment to this AGREEMENT to reflect any changes to Exhibit "C ", Statement of Work and/or the project schedule. 6.5 The DISTRICT anticipates a total project cost as indicated on the cover /signature page, with the balance of matching funds and/or in -kind services to be obtained from the COUNTY in the amount as specified on the cover /signature page of this AGREEMENT. In the event such COUNTY matching funding and/or in -kind services becomes unavailable, that shall be good and sufficient cause for the DISTRICT to terminate the AGREEMENT pursuant to Paragraph 6.2 above. ARTICLE 7 - RECORDS RETENTION/ 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 five years from completing performance and receiving final payment under this AGREEMENT. B. Examination of Records: The DISTRICT or its designated agent shall have the right to examine in accordance with generally accepted governmental auditing standards all records directly or indirectly related to this AGREEMENT. Such examination may be made only within five years from the date of final payment under this AGREEMENT and upon reasonable notice, time and place. C. Extended Availability of Records for Lem Disputes: In the event that the DISTRICT should become involved in a legal dispute with a third party arising from performance under this AGREEMENT, the COUNTY shall extend the period of maintenance for all records relating to the AGREEMENT until the final disposition of the legal dispute, and all such records shall be made readily available to the DISTRICT. 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 Exhibit "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 assigns, transfers, sells and otherwise grants to the DISTRICT any and all rights it now has or may have 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. The COUNTY may not disclose, use, license or sell any work developed, created, or otherwise originated hereunder to any third party whatsoever. This paragraph shall survive the termination or expiration Page 4 of 9, Exhibit "B" to Agreement No. 4600001904 tER MAH a 2_1 _ IMF; Agenda Item No. 16C3 SOUTH FLORIDA WATER MANAGEMENT DISTe e 9 of 24 of this AGREEMENT. EXHIBIT "B" GENERAL TERMS AND CONDITIONS 7.3 The COUNTY represents and warrants that proprietary software, if any, to be provided to the DISTRICT by the COUNTY hereunder, as specifically identified in Exhibit "C ", Statement of Work shall have been developed solely by or for the COUNTY, or lawfully acquired under license from a third party, including the right to sublicense such software. The COUNTY shall include copyright or proprietary legends in the software and on the label of the medium used to transmit the software. The COUNTY shall grant to the DISTRICT a perpetual, 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 Any 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 termination. Equipment is hereby defined as any non - consumable items purchased by the DISTRICT with a value equal to or greater than $1,000.00 and with a normal expected life of one (1) year or more. The COUNTY will maintain any such equipment in good working condition while in its possession and will return the equipment to the DISTRICT in good condition, less normal wear and tear._ The COUNTY will use its best efforts to safeguard the equipment throughout the period of performance of this AGREEMENT. However the DISTRICT will not hold the COUNTY liable for loss or damage due to causes beyond the COUNTY's reasonable control. In the event of loss or damage, the COUNTY shall notify the DISTRICT in writing within five (5) working days of such occurrence. 7.5 The DISTRICT has acquired the right to use certain software under license from third parties. For purposes of this AGREEMENT, the DISTRICT may pen-nit the COUNTY access to certain third party owned software on DISTRICT computer systems. The COUNTY acknowledges the proprietary nature of such software and agrees not to reproduce, distribute or disclose such software to any third party. Use of or access to such software shall be restricted to designated DISTRICT owned systems or equipment. Removal of any copy of licensed software is prohibited. ARTICLE 8 - STANDARDS OF COMPLIANCE 8.1 The COUNTY, its employees, subcontractors or assigns, shall comply with all applicable federal, state, and local laws and regulations relating to the performance of this AGREEMENT. The DISTRICT undertakes no duty to ensure such compliance, but will attempt to advise the COUNTY, upon request, as to any such laws of which it has present knowledge. 8.2 The COUNTY hereby assures that no person shall be discriminated against on the grounds of race, color, creed, national origin, handicap, age, or sex, in any activity under this AGREEMENT. The COUNTY shall take all measures necessary to effectuate these assurances. 8.3 The laws of the State of Florida shall govern all aspects of this AGREEMENT. In the event it is necessary for either party to initiate legal action regarding this AGREEMENT, venue shall be in the Fifteenth Judicial Circuit for claims under state law and in the Southern District of Florida for any claims which are justiciable in federal court. 8.4 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is a convicted vendor or has been placed on the discriminatory vendor list. If the COUNTY or any affiliate of the COUNTY has been convicted of a public entity crime or has been placed on the discriminatory vendor list, a period longer than 36 months has passed since that 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 termination, shall not incur any liability to the COUNTY for any work or materials furnished. Page 5 of 9, Exhibit "B" to Agreement No. 4600001904 < Agenda Item No. 16C3 SOUTH FLORIDA WATER MANAGEMENT DISTIL"` e 10 Zoos 10 of 24 EXHIBIT "B" GENERAL TERMS AND CONDITIONS 8.5 The COUNTY, by its execution of this AGREEMENT, acknowledges and attests that neither it, nor any of its suppliers, subcontractors, or consultants who shall perform work which is intended to benefit the DISTRICT is included on the list of Specially Designated Nationals and Blocked Persons (SDN List) which is administered by the U.S. Department of Treasury, Office of Foreign Assets Control. 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. The DISTRICT, in the event of such termination, shall not incur any liability to the COUNTY for any work or materials furnished. 8.6 The COUNTY shall be responsible and liable for the payment of all of its FICA /Social Security and other applicable taxes resulting from this AGREEMENT. 8.7 The COUNTY warrants that it has not employed or retained any person, other than a bona fide employee working solely for the COUNTY, to solicit or secure this AGREEMENT. Further the COUNTY wan-ants that is has not paid or agreed to pay any person, other than a bona fide employee working solely for the COUNTY, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from the awarding or making of this AGREEMENT. For breach of this provision, the DISTRICT may terminate this AGREEMENT without liability and, at its discretion, deduct or otherwise recover the full amount of such fee, commission, percentage, gift, or other consideration. 8.8 The COUNTY shall allow public access to all project documents and materials in accordance with the provisions of Chapter 119, Florida Statutes. Should the COUNTY assert any exemptions to the requirements of Chapter 119 and related Statutes, the burden of establishing such exemption, by way of injunctive or other relief as provided by law, shall be upon the COUNTY. 8.8.1 Pursuant to Sections 119.07(3)(o), and 1004.32 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 agree that if a request is made of the DISTRICT, pursuant to Chapter 119, Florida Statute, for public disclosure of proprietary property being licensed to the COUNTY (Licensee) hereunder, the DISTRICT shall advise the COUNTY (Licensee) of such request and, as between the DISTRICT and the COUNTY (Licensee), it shall be the COUNTY's (Licensee's) sole burden and responsibility to immediately seek and obtain such injunctive or other relief from the Courts and to immediately serve notice of the same upon the Licensor to protect the Licensor's claimed exemption under the Statute. 8.9 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 AGREEMENT, each party to bear its own costs, notwithstanding other provisions of this AGREEMENT to the contrary. 8.10 Pursuant to Section 216.347, F.S., the COUNTY is prohibited from the expenditure of any funds under this AGREEMENT to lobby the Legislature, the judicial branch or another state agency. 8.11 The DISTRICT is a governmental 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 involves a project consistent with these goals and objectives. Consequently, the DISTRICT is desirous of satisfactorily completing and successfully promoting this project with the cooperation of its COUNTY. Therefore, the COUNTY assures the DISTRICT that the COUNTY, its employees, subcontractors and assigns will refrain from acting adverse to the DISTRICT'S legitimate interest in promoting the goals and objectives of this project. The COUNTY agrees to take all reasonable measures necessary to effectuate these assurances. In the event the COUNTY Page 6 of 9, Exhibit "B" to Agreement No. 4600001904 #1 Agenda Item No. 16C3 A 27, 2009 SOUTH FLORIDA WATER MANAGEMENT DIST e 11 of 24 EXHIBIT "B" GENERAL TERMS AND CONDITIONS determines it is unable to meet or promote the goals and objectives of the project, 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 employees, agents, subcontractors, or assigns 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 eligible for any benefit programs the DISTRICT offers to its employees. All benefits available 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 Act, 29 U.S.C. 201, et.seq., including payment of overtime in accordance with the Act. 9.2.5 Providing employee training for all activities necessary for job performance, except those functions that are unique to the DISTRICT, in which event, the DISTRICT, in its sole judgment and discretion, may provide training. 9.3 It is the intent and 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 in this AGREEMENT without the prior written consent of the DISTRICT. Any attempted assignment in violation of this provision shall be void. 9.5 The COUNTY shall not pledge the DISTRICT's credit or make the DISTRICT a guarantor of payment or surety for any AGREEMENT, 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 10.1 The COUNTY hereby acknowledges that no Minority Business Enterprises (MBE) participation level has been established for this AGREEMENT; however, both parties agree to provide the other advance notice of competitive 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 MBE participation, such participation shall be reported to the other party. Both the COUNTY and the DISTRICT will ensure compliance with the provisions of their respective program, laws, ordinances and policies and will support the other's initiatives to the extent allowed by law. Page 7 of 9, Exhibit "B" to Agreement No. 4600001904 Agenda Item No. 16C3 ��- X11• SOUTH FLORIDA WATER MANAGEMENT DIST �Ti�Io GENERAL TERMS AND CONDITIONS ARTICLE 11- GENERAL PROVISIONS 11.1 Notwithstanding any provisions of this AGREEMENT to the contrary, the parties shall not be held liable for any failure or delay in the performance of this AGREEMENT that arises from fires, floods, strikes, embargoes, acts of the public enemy, unusually 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 the parties. Failure to perform shall be excused during the continuance of such circumstances, but this AGREEMENT shall otherwise remain in effect. This provision shall not apply if the "Statement of Work" of this AGREEMENT specifies that performance by COUNTY is specifically required during the occurrence of any of the events herein mentioned. 11.2 Any inconsistency in this AGREEMENT shall be resolved by giving precedence in the following order: (a) Exhibit "A" Special Provisions, if applicable (b) Exhibit `B" General Terms and Conditions (c) Exhibit "C" Statement of Work (d) all other exhibits, attachments and documents specifically incorporated herein by reference 11.3 Failures or waivers to insist on strict performance of any covenant, condition, or provision of this AGREEMENT by the parties, their successors and assigns shall not be deemed a waiver of any of its rights or remedies, nor shall it relieve the other party from performing any subsequent obligations strictly in accordance with the terms of this AGREEMENT. No waiver shall be effective unless in writing and signed by the party against whom enforcement is sought. Such waiver shall be limited to provisions of this AGREEMENT specifically referred to therein and shall not be deemed a waiver of any other provision. No waiver shall constitute a continuing - waiver unless the writing states otherwise. 11.4 Should any term or provision of this AGREEMENT be held, to any extent, invalid or unenforceable, as against any person, entity or circumstance during the term hereof, by force of any statute, law, or ruling of any forum of competent jurisdiction, such invalidity shall not affect any other term or provision of this AGREEMENT, to the extent that the AGREEMENT shall remain operable, enforceable and in full force and effect to the extent permitted by law. 11.5 This AGREEMENT may be amended only with the written approval 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 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 have been reduced to writing and signed by an authorized DISTRICT representative. This AGREEMENT shall inure to the benefit of and shall be binding upon the parties, their respective assigns, and successors in interest. ARTICLE 12 — SAFETY REQUIREMENTS 12.1 The COUNTY shall require appropriate personal protective equipment in all operations where there is exposure to hazardous conditions. 12.2 The COUNTY shall instruct employees required to handle or use toxic materials or other 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 Page 8 of 9, Exhibit "B" to Agreement No. 4600001904 C a Agenda Item No. 16C3 SOUTH FLORIDA WATER MANAGEMENT DISTI� e l s o °24 EXHIBIT "B" GENERAL TERMS AND CONDITIONS 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. 12.7 The COUNTY shall take reasonable precautions for safety of, and shall provide reasonable protection to prevent damage, injury, or loss to: 123.1 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, surface waters, ground waters, it shall be the COUNTY's sole responsibility to respond immediately to clean the site, at his expense, to the complete satisfaction of federal, state, local regulatory agencies and to the DISTRICT requirements. 12.12 The DISTRICT may order the COUNTY to halt operations under the AGREEMENT, at the COUNTY's expense, if a condition of immediate danger to the public and/or DISTRICT employees, equipment, or property exist. This provision shall not shift the responsibility or risk of loss for injuries or damage sustained from the COUNTY to the DISTRICT; and the COUNTY shall remain solely responsible for compliance with all federal, state and local safety requirements, provisions of this section, and safety of all persons and property on or about the site. Page 9 of 9, Exhibit "B" to Agreement No. 4600001904 Agenda item No. 16C3 October 27, 2009 Page 14 of 24 EXHIBIT "C" STATEMENT OF WORK COLLECTION OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY 1.0 INTRODUCTION AND BACKGROUND This Agreement between the South Florida Water Management District (District) and Collier County Pollution Control (County) details the monthly collection of twenty -six (26) surface water quality monitoring locations within Collier County. This monitoring program provides data for the development of water management strategies in the Big Cypress Basin watershed and adjacent coastal waters of Collier County. The monitoring initiatives detailed in this Statement of Work (SOW) continues the District's commitment to a unified sampling program developed in 1998 to provide data to address southwest Florida's water quality issues. This program has established a substantial period of record that serves as a baseline to evaluate estuarine restoration efforts as well as to identify potential impacts on this valuable resource from upstream water management activities. 2.0 OBJECTIVE The primary objectives of this Agreement are to obtain timely, accurate, and verified monitoring data that fulfills District legal mandates, supports operational decisions and utilizes resources in an efficient manner to allow redirection of District staff to other priority projects. In order to fulfill the objectives required by this Agreement, the County shall: a) Assemble and manage staff ensuring capacity to complete all tasks in this SOW; b) Provide all transportation required to access all monitoring stations in this SOW; c) Provide sampling equipment and supplies required to complete monitoring; d) Perform field collection in compliance with the current approved District Field Sampling Quality Manual and Florida Department of Environmental Protection (FDEP) field Standard Operating Procedures (SOPs) and; e) Consistently deliver accurate verified data on the specified due dates 3.0 SCOPE OF WORK The County staff shall collect surface water in situ physio - chemical data and samples from twenty -six (26) stations throughout Collier County and submit those data and samples to the District's laboratory for analysis. Station names, descriptions, and coordinates are listed in Table 1 and station locations are depicted in Figure 1. The required water quality parameters along with sampling frequency are listed in Table 2. Table 3 provides details of the physio- chemical data to be collected at each station. All work performed by the County as a result of this Agreement shall include the appropriate quality assurance samples and the collection methodology shall comply with the applicable FDEP SOP's 001/01 and the District's Field Sampling Quality Manual (FSQM). Page 1 of 8, Exhibit "C" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 15 of 24 COLLIER COUNTY MONITORING STATIONS CORKSCRO Figure 1: CCWQ Station Locations Page 2 of 8, Exhibit "C" to Agreement No. 4600001904 CO GG 858 8C25 OCP LM CORK@846 ECO ' 1 ; c `. a .. GGC T31 C1. • 1-75 SCI D N BC9 BC11 �. •HALDCRK N 2 'LELY B EFOOT SC22 ; LIA S ?�Mi 4% AGAREA (TAMTOM) FAKA`' ms —11 FAKAUPOI (BARRONI 91. BC16 LEGEND 0 PROPOSED STATION N Q EXISTING STATION - y --- CANAL w ROAD s Miles D 5 10 15 Map created by. Danielle Thann, Environmental Scientist Water Quality Monitonng Division, ERA Figure 1: CCWQ Station Locations Page 2 of 8, Exhibit "C" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 16 of 24 Communication All communication between the District and the County shall be done through the contract manager unless directed otherwise by the contract manager for project specific issues. The role of the contract manager is to ensure that communication between the District and the County is frequent, consistent, and documented. This includes gathering and disseminating documentation and deliverables, change control, schedule review, and invoice review and approval to ensure each monitoring project is successful. Table 1. Site Names and GPS Coordinates* HEND@951 (Barefoot Williams Intersection of C951 and Henderson Creek 26 °3'1.567 "N 81 °41'58.712 "W BCI O FakaUnion Canal at intersect of I -75 FAKAUC75) 26 °9'11.304 "N 81 031'24,24 "W BCI 1 Merritt Canal at intersect of 1 -75 26 °09'12.6" N 81 °29'26.3" W BC14 Immokalee Rd canal @ intersection of Palm River Blvd 26 °16'21.684 "N 81 °46'43.356 "W BC16 Bride #84 on US41E 25 °53'14.903 "N 81 °1542.35 "W BC19 Bridge #69 on US41E 25 °55'34.946 "N 81 °2537.513 "W BC2 Just inside the mouth of Rock Creek 26 "828.727 "N 81'47'7.707"W BC22 Gauging station north of intersection US41 and Henderson Creek HENDCRK 26 °327.36 "N 81 °41'21.776 "W BC25 Bridge east of Oil Well Grade Rd on CR858 in Camp Keais Strand 26 °17.38.3" N 81 °28'45.9" W BC3 Gordon River ext. at mouth of canal leading to main Post Office 26 °09'47.8" N 81 °47'11.5" W BC9 Miller Canal at intersect of I -75 26009'11.4" N 81 °33' 18.9" W COCAT41 Cocohatchee River US41 26 °16'56.811 "N 81°48'5.656 "W COCPALM Bridge at intersection of Palm River Dr & Coconut Palm River 26 °16'40.08 "N 81 °46'41.016 "W, CORK 846 Bridge at intersect of Corkscrew Canal & CR846 26 °16'40.7" N 8! °36'03.7" W CORKSCRD Bridge @ intersect of Corkscrew Rd & canal NE of Corkscrew Marsh trailhead 26 °29'43.68I'N 81 °31'43.609 "W ECOCORIV East of WCOCORIV site upstream ofamiJ gate 26 °16'19.452 "N 81 °47'1.536 "W FAKA Gauging station north of weir @ intersection of US4I/Faka Union Canal 2505737.811'N 81'30'34.247"W FAKAUPOI Faka Union Canal @ entrance to Port of the Islands marina 25 °5724.412 "N 81'30'36.91"W GGC 858 @ Bridge @ intersect of Golden Gate Canal and CR 858 26 °17'35.9" N 81 °33'42.3" W GGCAT31 Bridge @ intersect of Airport Rd. and Golden Gate Canal 26 °10'04.3" N 81 °46'02.3" W HALDCRK Upstream of amil gate @ intersect of US41 & Haldeman creek 26 °07'26.0 "N 81 °45'44.6 "W LELY Bridge @ intersect of US41 & L.cly Main Canal 26 °6'15.623 "N 81 °44'47.009 "W NB2* Southern termination of Sandier TBD TBD NB4* Park @ I° St. and SR851 TBD TBD BARRON Barron River Canal and CR837 a gon Wheel Rd 25 °57'52.541 "N 81 °21'12.IO4 "W TAMTOM US41 Canal at Tomato Rd and US41E 26 °00'20.564" N HT36133 06"' * Site locations will be confirmed. Page 3 of 8, Exhibit "C" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 17 of 24 Table 2. Parameters and frequency of collection for projects CCWQ . ". ,..a. et . 5 .0m Ammonia EPA 351.2 or SM 4500 -NH3H 0.005 mg/L Monthly Color SM2120 C modified 1 peu Monthly NOx SM 4500 -NO3"F 0.005 mg/L Monthly OPO4 SM 4500 P F 0.002 mg /L Monthly TKN EPA 351.2 0.05 mg/L Monthly TN Calculation 0.055 mg /L Monthly TOC SM 5310 B 1.0 mg /L Monthly TP SM 4500 PF 0.002 mg/L Monthly TSS SM 2540 D 3 mg /L Monthly Turbidity SM 2130 B 0.10 NTU Monthly Chlorophyll-a' SM 10200 H 1 mg/m Monthly Phaeophytin SM 10200 H 1 mg/m Monthly Anatyte collected only at estuarine sites BC2, BC3, NB2, and NB4. n Table 3. In Situ parameters, analytical methods, reporting units and accuracy limits a In the working range of 0 -20 mg /l b Whichever is greater Page 4 of S, Exhibit "C" to Agreement No. 4600001904 pH FDEP SOP FT1100 S.U. + 0.2 pH units SM 4500 -H+ B _ _ _. Dissolved Oxygen (DO) FDEP SOP FT1500 mg/L +03 ab mg /L SM 4500 -0 G Specific Conductivity FDEP SOP FT1200 µmhos /cm +5% of the true value of SM 2510 A the KCI standard Temperature FDEP SOP FT1400 0C +0.2 °C SM 2550 B Depth I meters 0.1 m for all grab samples except when collected within a marsh where depth is measured to the nearest 0.01 m a In the working range of 0 -20 mg /l b Whichever is greater Page 4 of S, Exhibit "C" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 18 of 24 3.1 Sample Collection Protocols All sample collection and field measurements identified in the tasks of this Agreement are subject to the following requirements: a) The County shall be responsible for following the sampling protocols outlined within the District's Field Sampling Quality Manual (FSQM) and the FDEP Field Sampling Standard Operating Procedures (FDEP SOPS) for the collection of surface water samples. In accordance with the FDEP SOPs, the County must possess and maintain a Field Sampling Quality Manual. b) Any variances from the minimum requirements under F.A.C. 62 -160 (FDEP SOPs) and the District's FSQM must be approved in writing by the District Field Project Manager (FPM) and the Water Quality Monitoring Division Quality Assurance (QA) Officer prior to implementation. This includes any changes in sampling procedures or Quality Assurance /Quality Control (QA/QC) protocols. c) The County shall ensure that only qualified and properly trained staff conduct sampling or field measurements for this Agreement. All sample collection trips shall have at least one (1) person present who has collected samples for similar low- concentration nutrient parameters in surface water for at least two (2) consecutive years. The County shall demonstrate knowledge of FDEP sampling SOP's for the collection methods requested within this Agreement, and the operation of field instruments /equipment. The County shall document all staff training and keep the documentation in the employees' files. All training records shall be available for review during audits and/or if requested. d) The County shall submit a list of sampling personnel who are, or shall be, assigned to complete tasks specified in this Agreement, along with a summary of their qualifications for District approval. Any changes or updates to this information shall be submitted to the District FPM. New staff, approved by the District, will be assigned a registered ID in the District's Laboratory Information Management System (LIMS) system prior to being allowed to collect samples or record documentation. e) The County shall submit to the District Field Project Manager; any new field instrument identification numbers so that they may be registered in the District LIMS. f) The County shall document all field conditions and measurements. Information may be collected electronically using the District field collection software (HFDM). All required original field notes and copies of the Prelogin Summary Report and Field Test Report shall be submitted to the District FPM with each monthly sampling event. Any required corrections shall be submitted alongside the notes for the following week. Photocopies of the field notes and the Prelogin Summary Report and Field Test Report shall be submitted with the samples to the District laboratory. g) The County shall calibrate all field equipment before and verify the calibration after each day of sampling (refer to the FDEP SOP or the District FSQM). A District Field Test Report (Appendix A) shall be completed in hard copy or electronically and submitted to the District lab with the shipped samples. In situ physio - chemical measurements shall always be measured at 0.5 meter depth, which is Page 5 of 8, Exhibit "C" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 19 of 24 the same depth the sample is collected and recorded at the same time the grab sample is collected. In situ measurements shall be collected every time a grab sample is collected. h) The County shall submit invoices to the District on a quarterly basis. Invoices shall state the not to exceed costs associated with the contract budget spreadsheet. Invoices are due within two (2) weeks following the end of each quarter. The invoice for the 4`'' quarter of each fiscal year is due by September 300'. A statement attesting to the validity of the data shall accompany all quarterly reports and invoices. The District may refuse payment for data and /or samples that do not meet the District's quality assurance /quality control criteria. i) All samples collected under this Agreement shall be shipped overnight to the District Laboratory on the same day they are collected. The District will provide a courier account number and will be responsible for all costs of shipping. The County shall verify that the District laboratory received all samples by the next morning following sampling shipment. The County shall notify the District Field Contract Manager immediately, via e -mail, if the samples have not been received by the laboratory. J) The District will provide all the Prelogin Summary Reports and Field Test Reports and labels required for all collection trips. The County shall notify the District FPM if extra Prelogin Summary Reports and Field Test Reports and labels are needed with at least two (2) weeks advance notice. The District shall also provide labels and bottles kits for each collection event following the guidelines for bottle size and label color, as outlined in Table 4. k) The County shall adhere to District protocol for documenting all field data and shall receive orientation on new field documentation techniques as they are implemented by the District. All field documentation and Prelogin Summary Reports and Field Test Reports shall be reviewed by a second person for errors and omissions prior to submission to the District laboratory and shall be signed by the reviewer. The District will review field sampling and quality assurance /quality control (QA/QC) procedures and conduct field audits as desired. Table 4 - Associated Bottle Sizes, Tag Colors, Parameters and Preservatives TAG COLOR FILTER and /or PARAMETERS BOTTLE /PRESERVATIVE SIZE YELLOW Unfiltered Cool to 4° C CARD CHLA CHLA2 CHLB CHLC ' P14EO 1L WHITE Unfiltered TSS IL Cool to 4° C BEIGE Unfiltered Cool to 4° C TDS Turbidity ' 250 ml MAGENTA Unfiltered, H2SO4 TP04, TKN, TOC 250mL Cool to 4° C ORANGE Filtered Cool to 4° C CL COLOR NO2, OPO4, SI02, SO4 ' 125mL GREY Filtered H2SO4 NFL, NOX 60mL Cool to 4° C Page 6 of 8, Exhibit "C" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 20 of 24 4.0 WORK BREAKDOWN STRUCTURE Task 1: Approved Ouality Assurance Manual The County's Field Sampling Quality Manual shall be submitted to the District within fourteen (14) days of the execution of this Agreement. The County shall maintain this manual for the duration of the agreement and shall submit document revisions to the District for approval. Deliverable 1 — Two (2) copies of the County's Field Sampling Quality Manual submitted within fourteen (14) days of Agreement execution. Task 2: Sample Collection and Field Measurements Schedule The County shall submit a sampling schedule covering all work required by this Agreement for the upcoming quarter at least five (5) business days prior to the beginning of each quarter to the District Field Project Manager. The sampling effort must occur over no more than a two (2) week period. Samples shall be shipped at the end of each sampling day to allow for adequate time for analysis within prescribed holding times. In the event of a holiday or extenuating circumstance, it may be necessary for the County to modify its sampling schedule to ensure that samples are submitted to the laboratory within deadlines. The District FPM shall be notified of all such modifications at least five (5) business days prior to its occurrence. If a courier is used to deliver samples to the District's laboratory, no samples can be shipped on a Friday or any day before a District recognized holiday. The District will supply coolers, filters, syringes, and sample bottles. The County shall provide conductivity standards, gloves, and sample preservatives. The County shall supply a multi - parameter probe capable of collecting in situ physio - chemical data, sample collection equipment, and transportation for sampling. The County shall be responsible for ensuring that an adequate stock of supplies is available to perform all required work. Deliverable 2 — A sampling schedule for each quarter, submitted five (5) days prior to the start of each quarter (September, December, March, and June). The schedule for the first quarter of this Agreement shall be submitted within ten (10) business days of the execution of this Agreement. Task 3: Collier County Water Quality Program Sampline All samples and field measurements for the referenced project shall be collected within the guidelines of Section 3. 1, Sample Collection Protocols. The County shall collect surface water grab samples and field water quality in situ measurements at the twenty -six (26) stations associated with the Collier County Water Quality (CCWQ) project in compliance with the frequency and parameter requirements outlined in Tables 1, 2 & 3. Deliverable 3 — The County shall notify the District FPM via electronic mail of each shipment to the District's laboratory. The County shall ship samples with signed header sheets and field Page 7 of 8, Exhibit "C" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 21 of 24 documentation (hard copies or electronic print out) to the District laboratory on the same day of collection. The County shall document all field conditions and field measurements. The County may utilize District field collection software (HFDM) to record field and header documentation. Task 4: Reporting Quarterly reports for data collected for the CCWQ project shall be submitted within fourteen (14) days of the end of the reporting period (i.e., data for the period Jan. — March shall be submitted by April 14). Deliverable 4 — The quarterly report shall summarize the sampling activities for that reporting period and shall include the following: • Period covered by report 0 Summary of sites collected during the reporting period • List of problems encountered • Observations of significance 5.0 CONTINGENCIES The County shall make every effort to complete all tasks as described. The County shall notify the District FPM of any problems that may occur which would inhibit the collection of water quality data required for this Agreement. Expedient monitoring may be requested during or after unusual weather events that may affect water related resources. While every effort will be made to accommodate such requests, unscheduled monitoring will be conducted based on County staff availability and it is understood that some requests may not be fulfilled. Page 8 of 8, Exhibit "C" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 22 of 24 EXHIBIT "D" PAYMENT AND DELIVERABLE SCHEDULE A summary deliverable schedule for each task associated with this project is set forth below. The schedule is based on a three (3) year period. The County hereby agrees to provide the District all deliverables, data and information described in the Statement of Work. Acceptability of all work shall be based on the judgment of the District that the work is technically credible, accurate precise and timely. The County shall invoice the District on a quarterly basis for Task 3. Invoices, reports and analysis summarizing the sample collection activities shall be submitted within fourteen (14) days of the end of the quarterly reporting period, (i.e., for the months of January, February and March documents shall be submitted by April 14). The fourth quarter report shall be submitted by September 30. All invoices shall list the deliverables submitted to the District and the reporting period the invoice covers. Upon receipt and acceptance of deliverables by the District, the District agrees to pay the County as specified below and in accordance with Exhibit "C ", Statement of Work. However, the District may refuse full payment for data and /or samples that do not meet the District's QA/QC criteria. The total not to exceed consideration to be provided by the District under this Agreement is Two Hundred Ten Thousand Dollars and No Cents ($210,000). All payments are subject to District fiscal year appropriations, including $70,000 for FY2010; $70,000 for FY2011; and $70,000 for FY2012. If the total consideration for this Agreement is subject to multi -year funding allocations, funding for each applicable fiscal year of this Agreement will be subject to Governing Board budgetary appropriation. In the event the District does not approve funding for any subsequent fiscal year, this Agreement shall terminate upon expenditure of the current funding, notwithstanding other provisions in this Agreement to the contrary. Page 1 of 2, Exhibit "D" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 23 of 24 Page 2 of 2, Exhibit "D" to Agreement No. 4600001904 FY10 FY011 FY12 Task Deliverable Due Date Payment Payment Payment Amount Amount Amount I Two (2) copies of the Submit to District Contract Quality Assurance Manager within fourteen (14) $0 $0 $0 Manual days of Agreement Execution and annually. thereafter 2 Sampling Schedule Submitted five (5) days prior to the start of each quarter $0 $0 $0 (September, December, March and June). For the first quarter of this Agreement, the schedule shall be submitted within ten (10) days of Agreement Execution 3 Surface Water Quality Samples with signed field Program Sampling documentation and header $70,000 $70,000 $70,000 sheets shall be sent the same ($17,500 /qtr) ($17,500 /qtr) ($17,500 /qtr) day of collection to District lab. 4 Reporting Quarterly report shall be submitted within fourteen (14) days of the end of the reporting $0 $0 $0 period (i.e., data for period Jan- March shall be submitted by April 14). Total Not -to- Exceed Payments per Fiscal Year $70,000 $70,000 $70,000 Page 2 of 2, Exhibit "D" to Agreement No. 4600001904 �w �{ ry M Y rJ� t Z T J L b' 0 APPENDIX A Calibration Sheet � 7 7 m m N .5 t'1 � o u � v M sn :.avw _ 93 Page 1 of 1, Appendix "A" to Agreement No. 4600001904 Agenda Item No. 16C3 October 27, 2009 Page 24 of 24 7! 19 C6 a 0 a G_ S 'R O IS V F v, a 4