Backup Documents 10/27/2009 Item #16C 3
ORIGINAL DOCUMENTS CHECKLIST & ROUTING SUR 6 C 3
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO .L
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper. Attach to original document. Original documents should be hand delivered to the Board ()tlice. The completed routing slip and original
documents are to be fCJr","arded to the Board Office only after the Board has taken action on the item.)
ROUTING SLIP
Complete routing lines # I through #4 as appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sil!Dature, draw a line througl routimllines #1 through #4, complete the checklist, and forward to Sue Filson line #5).
Route to Addressee(s) Office Initials Date
(List in routing order)
l.
2.
3.
4.
5. 0., ~'h,,,,, Executive Manager Board of County Commissioners /J. to/?:r/o3
I It 1\1111. nt...14 e: L..-L.
6. Minutes and Records Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(The primary contact is the holder of the original document pending Bee approval. Normally the primary contact is the person who created/prepared the executive
summary. Primary contact information is needed in the event one of the addressees above, including Sue Filson, need to contact staff for additional or missing
information. All original documents needing the Bee Chairman's signature are to be delivered to the Bee office only after the Bee has acted to approve the
item.)
Name of Primary Staff Ray Smith Phone Number 252-2502
Contact
Agenda Date Item was October 27, 2009 Agenda Item Number 16C3
Approved by the BCC
Type of Document Agreement Number of Original 2
Attached Documents Attached
I.
INSTRUCTIONS & CHECKLIST
Initial the Yes column or mark "N/ A" in the Not Applicable column, whichever is
a ro nate.
Original document has been signed/initialed for legal sufficiency. (All documents to be
signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office ofthe County Attorney. This includes signature pages from ordinances,
resolutions, etc. signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and ssibl State Officials.)
All handwritten strike-through and revisions have been initialed by the County Attorney's
Office and all other arties exce t the BCC Chairman and the Clerk to the Board
The Chairman's signature line date has been entered as the date of BCC approval of the
document or the final ne otiated contract date whichever is a licable.
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
si ature and initials are re uired.
In most cases (some contracts are an exception), the original document and this routing slip
should be provided to Sue Filson in the BCC office within 24 hours ofBCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
The document was approved by the BeC on_10/27/09 (enter date) and all
changes made during the meeting have been incorporated in the attached document.
The Count Attorne 's Office has reviewed the chan eo, if a licable.
Yes
(Initial
Cw
2.
3.
4.
5.
6.
Cw
Cw
Cw
Cw
Cw
I: Forms! County Forms! Bee Forms! Original Documents Routing Slip WWS Original 9.03.04, Revised 1.26.05, Revised 2.24.05
16C3
MEMORANDUM
Date: November 5, 2009
To: Ray Smith, Director
Pollution Control & Prevention
From: Ann Jennejohn, Deputy Clerk
Minutes & Records Department
Re: Agreement #4600001904 with SFWMD for a 3-year period,
for the continued collection of surface water quality samples
within the Big Cypress Basin in the amount of $210,000
Attached are the two original agreements (Agenda Item #16C3) referenced
above, approved by the Board of County Commissioners October 27, 2009.
After forwarding to the South Florida Water Management District for signature
please return an executed original to the Minutes and Record's Department for
the Board's Official Record.
If you have any questions, please call me at 252-8406.
Thank you.
Attachments (2)
8
16C3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
THE SOUTH FLORIDA WATER MANAGEMENT
DISTRICT (hereinafter referred to as DISTRICT) HEREBV
ENTERS INTO mIS AGREEMENT WITH:
Name: COLLIER COUNTY BOARD OF COUNTV
COMMISSIONERS
This number must appear on all Invoices and Correspondence
A reement No. 4600001904
Address: 3301 E. Tamiami Trail
Naples, FL 34112
Project Manager: Rhonda J. Watkins
Telephone No: (239) 252-2574
Email: RhondaWatkins@colliergov.net
Hereinafter referred to as: COUNTY
PROJECT TITLE: COLLECTION OF SURFACE WATER QUALITY SAMPLES IN COLLIER COUNTY
The following Exhibits are attached bereto and made a part of this CONTRACT:
Exhibit "A" - Not Applicable
Exhibit "B" - General Tenns and Conditions
Exhibit "C" - Statement of Work
Exhibit "0" - Payment and Deliverable Schedule
Exhibit "E" - Not Applicable
Exhibit "F" - Not Applicable
Exhibit "G" - Not A licable
TOTAL CONTRACT AMOUNT $210 000.00
Multi-Year Funding (If Applicable)"
Fiscal Vear: October 1,2009- September 30, 2010 $70,000.00'
Fiscal Vear: October 1,2010- September 30, 2011 $70,000.00'
Fiscal Vear: October 1,2011 - September 30, 2012 $70,000.00'
"Suhject to District Governing Board Anoual Budget Approval
CON RACT TERM: Three 3 Y ars
District Project Manager: Kim Hanes
Telephone No: (561) 753-2400, Ex!. 4749
Fax No. (561) 682-5065
Email: khanes sfwmd. ov
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
South Florida Water Management District
Attention: Procurement Department - Notices
3301 Gun Club Road
West Palm Beach, Florida 33406
Attention: Accounts Payable - Invoices
P.O. Box 24682
West Palm Beach, FL 33416-4682
Exhibit "H" - Not Applicable
Exhibit "I" - Not Applicable
Exhibit "J" - Not Applicable
Exhibit "K" - Not Applicable
Exhibit "L" - Not Applicable
Exhibit "M" - Not Applicable
CONTRACT TYPE:
Not-to-Exceed
District Contract Specialist: Bernadette Harrison
Telephone No: (561) 682-6378 Fax No. (561) 682-5587
Email: bharriso@sfwmd.gov
SUBMIT NOTICES TO THE COUNTV AT:
Collier County Pollution Control & Prevention Department
Health & Community Services Bldg.
3301 E. Tamiami Trail
Naples, FL 34112
Attention: Rhonda J. Watkins, Principal Environmental
S ecialist
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 COUNTV BO bF COUNTV COM~ISSIONERS
;. . ,.' I"
rh-ry1-"_'" ,..;.(""- c1.. /~
SOUTH FLORIDA WATER MANAGEM
Signature of1\uthorized RcpresehtatJve
Dohna-.F,iala,.,......... '
Chairman.-"'::"TY Cr'f, .'
rj ,.,. v,
tie~. S',
<' ',~' ,f,
,~'" i I." ~)
Accepted By:
Ilem#
Accepted By:
Date:
Frank Hayden, Procurement 0 re,.ctord
ligen a
SFWMD PROCUREMENT APPROVED
By:
0.(.
Deputy Clerk
.
8
16C3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
ARTICLE I - STATEMENT OF WORK
1.1 The COUNTY shall, to the satisfaction of the
DISTRICT, fully 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 reasonab Iy
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 I, "Contractor Policy Code
Acknowledgement" to Exhibit "C" and shall require
each individual performing such on-site work to
execute the Attachment I 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 (I) 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 Number and shall be sent to the
Page I of9, Exhibit "B" to Agreement No. 4600001904
8
16C3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
DISTRICT's address specified on the cover/signature
page a/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
confonns 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 perfonnance 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 perfonnance 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 fonnal 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 of9, Exhibit "8" to Agreement No. 4600001904
8
16C 3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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 perfonnance 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 perfonn in accordance with
the tenns 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 000-
perfonnance by failing to perfonn an act that is an
important part of the transaction or perfonning 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 fails to cure the breach
within the thirty (30) day period, the DISTRICT
shall issue a Tennination for Default Notice. Once the
DISTRICT has notified the COUNTY that it has
materially breached its contract with the DISTRICT,
by sending a Tennination for Default Notice, the
DISTRICT's Governing Board shall detennine
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 detennination as to
whether a COUNTY should be suspended, and if so,
for what period of time. Should the DISTRICT
tenninate for default in accordance with this
provision, the DISTRICT shall be entitled to recover
reprocurement costs in addition to all other remedies
under law andlor equity.
6.2 The DISTRICT may tenninate this
AGREEMENT with or without cause at any time for
convenience upon thirty (30) calendar days prior
written notice to the COUNTY. The perfonnance of
work under this AGREEMENT may be tenninated by
the DISTRICT in accordance with this clause in
whole, or from time to time in part, whenever the
DISTRICT shall detennine that such tennination is in
the best interest of the DISTRICT. Any such
tennination shall be effected by delivery to the
COUNTY of a Notice of Tennination specifYing the
extent to which perfonnance of work under the
AGREEMENT is tenninated, and the date upon which
such tennination becomes effective.
In the event of tennination for convenience, the
DISTRICT shall compensate the COUNTY for all
authorized and accepted deliverables completed
through the date of tennination 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 of9, Exhibit "B" to Agreement No. 4600001904
8
16C3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
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-fmancial 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 fmal 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 Availabilitv of Records for Legal
Disoutes: 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 of9, Exhibit "8" to Agreement No. 4600001904
8
SOUTH FLORIDA WATER MANAGEMENT DISTkef 3
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
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, 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
tennination 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 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 designated DISTRICT owned systems
or equipment. Removal of any copy of licensed
software is prohibited.
ARTICLE8-STANDARDSOF
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 of9, Exhibit "8" to Agreement No. 4600001904
8)
16C3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
8.5 The COUNTY, by its execution of this
AGREEMENT, acknowledges and altests 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
(SON 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
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, 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)(0), 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 of9, Exhibit "B" to Agreement No. 4600001904
8
16C3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
detennines 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
tenninate 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 perfonnance 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 hannless 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 perfonnance, 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 fonn 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 perfonnance.
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 time lines
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 of9, Exhibit "B" to Agreement No. 4600001904
E)
16C3
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
ARTICLE 11 - GENERAL PROVISIONS
ll.l Notwithstanding any proVISIons of this
AGREEMENT to the contrary, the parties shall not be
held liable for any failure or delay in the perfonnance
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
perfonn 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 perfonnance 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 Tenns 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
perfonnance 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 tenns ofthis 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 tenn or provISIon of this
AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or
circumstance during the tenn hereof, by force of any
statute, law, or ruling of any forum of competent
jurisdiction, such invalidity shall not affect any other
tenn or provision of this AGREEMENT, to the extent
that the AGREEMENT shall remain operable,
enforceable and in full force and effect to the extent
pennitted 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
hannful 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 perfonnance.
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 of9, Exhibit "B" to Agreement No. 4600001904
8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT16 C 3
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 perfonnance 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:
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
CO UNTY, 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 tenns 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 of9, Exhibit "B" to Agreement No. 4600001904
16C 3
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 ofthe 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 001101 and the
District's Field Sampling Quality Manual (FSQM).
Page I of 8, Exhibit "C" to Agreement No. 4600001904
16C 31
COLLIER COUNTY MONITORING STATIONS
\
/~-....L...
. -~
"CORKSCRD ~,
oint,.
-~-----
,:.e
r, BC25 - ---,/
---(!-~_.-.-/
lJ
~
w
J.75 aCiD
. -"---{Io.
Be9 . . BC11
SR291
(BARRON)
o
5
10
Miles
15
S?
'^:;~ ,-f
\. ~ ('l
c;:) '-~ '?-
~~'J)rjJ1
3 &) ~
\'L ~..rs s\~
~tJ./ c....
~
LEGEND
. PROPOSED STATION
~ EXISTING STATION
- CANAL
- ROAD
N
w~,
s
Map created by: Danielle Thalin, Environmental Scientist
Water Quality Monitoring Division, ERA
Figure 1: CCWQ Station Locations
Page 2 of 8, Exhibit "c" to Agreement No. 4600001904
16C 3
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 Intersection ofC951 and Henderson Creek 2603'1.567"N 8I041'58.712"W
Williams)
BClO FakaUnion Canal at intersect of 1-75 2609'IIJ04"N 8I031'24.24"W
(F AKAUC75)H
BC11 Merritt Canal at intersect of 1-75 26009'12.6" N 81029'26.3" W
BCI4 Immokalee Rd canal @ intersection of Palm 26OI6'21.684"N 8I046'43.356"W
River Blvd
BC16 Bridge #84 on US41E 25053'14.903"N 8I015'42.35"W
BC19 Bridoe #69 on US41 E 25055'34.946"N 81025'37.513''W
BC2 Just inside the mouth afRack Creek 2608'28.727"N 8I047'7.707''W
BC22 Gauging station north of intersection ~)S41 and 2603'2736"N 8I041'21.776"W
Henderson Creek (HENDCRK
BC25 Bridge east afOil Well Grade Rd on CR8S8 in 26017'38.3" N 81 '28'45.9" W
Camo Keais Strand
BC3 Gordon River ext. at mouth of canal leading to 26'09'47.8" N 81"47'11.5" W
main Post Office
BC9 Miller Canal at intersect of 1-75 26009'11.4" N 8I033'18.9"W
COCAT41 Cocohatchee River (ij) US41 26"16'56.811"N 81048'5.656"W
COCPALM Bridge at intersection of Palm River Dr & 26'l6'40.08"N 8I046'41.016"W,
Coconut Palm River
CORKIal846 Bridge at intersect of Corkscrew Canal & CR846 26'16'40.7" N 81036'03.7" W
CORKSCRD Bridge @ intersect of Corkscrew Rd & canal NE 26029'43.681 "N 81 "31 '43.609"W
of Corkscrew Marsh trailhead
ECOCORIV East ofWCOCORIV site unstream ofamillZate 26OI6'19.452"N 81'47'1.536"W
FAKA Gauging station north of weir @ intersection of 25057'37.811 "N 8I030'34.247"W
US41/Faka Union Canal
FAKAUPOI Faka Union Canal@entrancetoPortofthe 25057'24.412"N 81030'36.91 "w
Islands marina
GGC@858 Bridge@ intersect of Golden Gate Canal and CR 26017'35.9" N 81 "33'423" W
858
GGCAT31 Bridge @ intersect of Airport Rd. and Golden 26010'043" N 81046'02.3" W
Gate Canal
HALOCRK Upstream of amil gate@ intersect 2600T26.0"N 8I045'44.6"W
of US41 & Haldeman creek
LELY Bridge@ intersect 0[U541 & Lely 2606'15.623"N 8I044'47.009"W
Main Canal
NB2* Southern termination of Sandniner TBD TBD
NB4'" Park rw 1'( St. and SR851 TBD TBD
BARRON Barron River Canal and CR837 25057'52.541"N 81'21'12.104"W
(Wagon Wheel Rd\
TAMTOM US41 Canal at Tomato Rd and US4lE 26'00'20.564" N 81"36'33.06" W
. Site locations will be confirmed.
Page 3 of8, Exhibit "C" to Agreement No. 4600001904
16C 3 1
Table 2. Parameters and frequency of collection for projects cCWQ
Ammonia EPA 351.2 or
SM 4500-NH3H
Color SM2120 C
modified
NOx SM 4500-NOH
OP04 SM 4500 P F
TKN EPA 351.2
TN Calculation
TOC SM5310B
TP SM 4500 PF
TSS SM 2540 0
Turbidity SM 2130 B
Chlorophyll-a SM 10200 H
Phaeophytin SM 10200 H
Required"
MD1..
0.005 mgIL
CCWQ
. Frequency'
Monthly
I pcu Monthly
0.005 mg/L Monthly
0.002 mg/L Monthly
0.05 mgIL Monthly
0.055 mg/L Monthly
1.0mgIL Monthly
0.002 mg/L Monthly
3 mg/L Monthly
O.IONTU Monthly
Img/m Monthly
1 mg/m Monthly
Analyte collected only at estuarine sites BC2, BC3, NB2, and NB4.
Table 3. In Situ parameters, analytical methods, reporting units and accuracy limits
.'ii'. ., fA n.i'''I~/I.lM!lIhOd . ,'Ret><ll'tmlt'tlrij($ ....... ACCUfllevLin\llS.
pH FOEP SOP FTlIOO S.U. 2: 0.2 pH units
SM 4500-H+ B
~issolved Oxygen (DO) FOEP SOP FTl500 mg/L 2:0.3 " mg/L
SM 4500-0 G
Specific Conductivity FDEP SOP FTl200 flmhos/cm 2:5% of the true value of
SM 2510 A the KCI standard
Temperature FOEP SOP FTl400 'c +0.2 'c
SM 2550 B
Depth meters 0.1 m for all grab
samples except when
collected within a marsh
where depth is measured
to the nearest O.Ol m
a In the working range of 0-20 mg/l
b Whichever is greater
Page 4 of8, Exhibit "c" to Agreement No. 4600001904
16C 31
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 (QNQC)
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 (I) 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 of8, Exhibit "e" to Agreement No. 4600001904
16C 3
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 4th quarter of each fiscal year is due by
September 30th. 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 (QAlQC) 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 CARO, CHLA, CHLA2, CHLB, CHLC, PHEO lL
Cool to 40 C
WHITE Unfiltered TSS lL
Cool to 40 C
BEIGE Unfiltered TDS, Turbidity 250 ml
Cool to 40 C
MAGENTA Unfiltered, H2SO4 TPO., TKN, TOC 250mL
Cool to 40 C
ORANGE Filtered CL, COLOR, NO" OPO., SIO" SO. 125mL
Cool to 40 C
GREY Filtered, H2SO4 NH., NOx 60mL
Cool to 40 C
Page 6 of 8, Exhibil "C" 10 Agreemenl No. 4600001904
16C 3
4.0 WORK BREAKDOWN STRUCTURE
Task 1: Approved Oualitv 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 ofthis Agreement.
Task 3: Collier Countv Water Oualitv Prol!ram Samplinl!
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 g, Exhibit "COO to Agreement No. 4600001904
16C 3
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: Reportine
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
. 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
16C 3
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 de1iverables 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 QNQC
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 FY201O; $70,000 for
FY20ll; 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
16C 3
FYIO FYOII FYI2
Task Deliverable Due Date Payment Payment Payment
Amount Amount Amount
I Two (2) copies ofthe 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 $70,000
sheets shall be sent the same ($ I 7,500/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
AorilI4).
Total Not-to-Exceed Payments ner Fiscal Year $70,000 $70,000 $70,000
Page 2 of2, Exhibit "D" to Agreement No. 4600001904
~~
'1h
., .
~.,.
~ ..
~~
Ji
h
ii
,
..;
.,
"
'"
,
"
~
;J
~
<>
.
[
,
G
a
.
s
..
"
'"
~
,.,
.,
~
~
-'
~
"
.1
'"
'"
~
"
"
~
~.
I
~
iI
,
j;
:;
i!!
.
"
APPENDIX A
Calibration Sheet
..
.a
"
=
c
;.
:tINEt
iii1'e'll'll
t{' Y" ~,7t If' yo
.................. .....
'", W N..... Q
I ~ ll11 ~ ~. t ~ ~ ~ ~ ~ :; ~
i 'K ~ ~ 'f ~ ~.", '" .-. _. .- .-. . ...'.-.
',71 ',71 't' ~ 'r 'fl If' ~ ~ g ~.~ ~ '8 g g
liO UI ..... ~ ", ... w, "" .......... - - - 0 z z
Zoo
.g_....
~
!
'"
{.f
'il
,
'J'.
'=~
Co
~i
" 0
.;r..
'-5'
'"
..
...
n'
i:g
h
in
-Ii
,
,
.
~
Page 1 of 1, Appendix "A" to Agreement No. 4600001904
~
i:
..
'"
o
il
."
..
<;
_OJ
[" (l ~
ii 22ft
~ )'0 )'0 l'"
... ::J::::II:::I
. " '"
-'I'a"~
~,..~ ~ ~
i
"
.
16C 3
..
"
"
9'
"
{'; 2'
<"> '" ." a:
<"> ~ ii' .
<: 0: ~
'" <<>
" " Q ;
" so Ii
r;;; n ...
<> " o' < if
" r .,. .'. l.
u <1>"
<II n " n " :J
il . -!:l 0 .
-. _ ;n;' " 1
~ "
.. ~~
.
~
"
ii'
''1:
~
;!!
"
:r.~18 ..
~
"
~
,;
"
<>
"
~
~
Ii!
f. 7'....
c::.<tn ("'),
p..:."'tJ(..:a
~~~
~; ....1
.Y- i
o
16C 3
CrotteauKathynell
From:
Sent:
To:
Subject:
WrightJeff
Friday, September 25, 2009 10:46 AM
CrotteauKathynell
FW: 09-POL-00034 agreement No 4600001904 re: collection of monthly samples:
Kathy-
Could you please print out these attachments? Thanks.
Jeff
From: watkins_r
Sent: Friday, September 25, 2009 9:57 AM
To: Wrightleff
Cc: smith_r
Subject: RE: 09-POL-00034 agreement No 4600001904 re: collection of monthly samples:
Hi Jeff,
Here is a copy of the existing agreement
-m
-m
-m
ML070554.pdf ML070554 ML070554
~mendment A01.pdAmendment A02.pdl
Rhonda
From: smith_r
Sent: Thursday, September 24, 2009 3:33 PM
To: watkins_r
Cc: Wrightleff
Subject: PN: 09-POL-00034 agreement No 4600001904 re: collection of monthly samples:
Rhonda - Could you please provide Jeff an copy (electronic copy if possible) of the existing
agreement as requested.
Thanks
Ray
Ray Smith, Director
Pollution Control & Prevention Department
Telephone - (239)252-2502
FAX ~ (239)252-2574
e-mail-ravsmith(qlcolliergov.net
This message contains information which may be confidential and privileged. Unless you are the
addressee (or authorized to receive for the addressee), you may not use, copy, or disclose to anyone
1
16C 3
the message, any data contained in the message, or attachments. If you have received the message
in error, please advise the sender by reply e-mail, and delete the message. Thank you very much.
From: WrighUeff
Sent: Thursday, September 24, 2009 3:25 PM
To: smith_r
Subject: 09-POL-00034 agreement No 4600001904 re: collection of monthly samples:
Hi Ray-
I'll be handling the referenced RLS. In order to get started, my initial questions for you are: (1) Is this the first time we've
had such an agreement? and (2) If there is an existing agreement, could you please provide me with a copy?
The agreement looks fairly routine from a legal review perspective. Please let me know the above information, and any
other information that might be pertinent to my review, and i'lI try to turn it around within the requested timeframe.
Thanks.
Jeff
Jeff E. Wright
Assistant County Attorney
Office of the Collier County Attorney
3301 Tamiami Trail, East
Harmon Turner Building, 8th Floor
Naples, Florida 34112
239-252-8400
239-252-6300 (fax)
2
.
\~,(_..i\l-ll'
<$".:"'\('<:-;;
~t~'~~ ":~~~
9.-"""" '~\ -'....,
""--', :}b
";1'..-. "C;:;
'C/" ",.,~...,.
Os {)'
.
1f.J"'.~' .......
' ' , ,
. .'
.. 16C 3
SOUTH FWRIDA WATER MANAGEMENT DISTRICT
3301 Gun Club Road, We" Palm Beac!l, Florld. 33406 . (561) 686-8800 . FL WA!S 1-80o.432-2Q4S . roo (561) 697-2574
Mailing Address: P. O. Box 24680, West Palm Beach, FL 33416-4680 . www.sfwmd.gov
September 22, 2006
-,
c::. ,7)
,_.. if' ......W)
r C) .........
n , ,> r"'-1-
D ...'~. ' ~ ,
:;: r...) 0
~"i UJ rn
pel>
-ry ::".~'" J'
COO
?;-, ."
r."t s:;) in
~ CJ
<::> Ul
,." u:;
-0
;--I
Mr. Raymond E. Smith
Bocc Collier County'FL .
Pollution Control & Prevention Department
3301 E. Tamiami Trail, Bldg. "H"
Naples, FL 34112
Dear Mr. Smith:
Subject:
Contract # ML070554
COLLECTION AND ANALYSES OF SURFACE WATER QUALITY
Please find enclosed one (1) fully executed copy of the above referenced document.
Thank you for your efforts on behalf of the South Florida Water Management District
(District). Should there be any questions, or if you require any ad.ditionallnformation,
please contact me. .
Sincerely,
~~
Penelope Burger
Contract Specialist
Procurement Department
pburger@sfwmd.gov
(561) 682-2536
FAX: (561) 681-6275
PB/pd
Enclosure
c: p, Martin MSC 4658
ProcuremenVOriginal File
GoVERNING BOARD
Kevin McCarty, Choir
he1a M. 8agu~, Vict-C1uIir
Miya Burt-5tewart
EXECUTIVE OFFICE
~
.Alice J, Carlson
Michae-l Collhu
Nico1ts J. Gu~rrez, }r., Esq.
Lennart E. Lindahl, F.E.
Hatkley R. Thornton
Malcolm S. Wade, Jr.
Carol Ann Wl!hle, Ext.cutWe Director
~ .
6:)
. . ORIG1NAt6 C 3
I
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AGREEMENT
THE SOUTH FLORIDA WATER MANAGEMENT Tbls number mnst appear on all Involees and Correspondence
DISTRICT (berelnafter reCerred to.. DISTRICl') HEREBY
ENTERS INTO THIS AGREEMENT WITH:
Name: BOCC COLLIER COUNTY FLA ML070554
POLLUTION CONTROL & PREVENTION DEPARTMENT
Address: 3301 E. TAMIAMI TRAIL
BLDG.H
NAPLES, FL 34112
prl!ject Manager: Raymond E. Smith
Telephone No: (239) 732-2502
Fax No: (239) 732- 2574
Hereinafter referred to as: COUNTY
PROJECT TITLE: COLLECTION AND ANALYSES OF SURFACE WATER QUALITY SAMPLES IN COLLIER
COUNTY
'l'be foDowing Exhibits are atta.hed hereto and made a part oC this AGREEMENT:
Exhibit "A" - Not Applicable Exhibit "R" - Not Applicable
Exhibit "B" - General Terms and Conditions Exhibit "I" - Not Applicable
Exhibit "C" - Statement of Work Exhibit "1" - Not Applicable
Exhibit "0" - 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". NotA licable
TOTAL AGREEMENT AMOUNT: $ 499,456.00
Multi-Year Funding (If Applicable)
Flscal Year: October I, 2oo6-Seplember 30, 2007 $160,000.00'
Fls.al Year: October 1, 2oo7-Seplernber 30. 2008 $166,400.00'
Flseal Year: October I, 2oo8-Septernber 30. 2009 5173,056.00'
.SubJect 10 District Governln~ Board Annual Budget Approval
REEMENT TER: ee 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:
IN WITNESS WHEREOF, the authorized representative herebyex"'"'tes this AGREEMENT on this date, and accepts all Terms and
Conditions under which it is issued.
BOCe COLLIER COUNTY FLA
~>~/? -"
Signature of Authorized Rep;:'en~ve
Frank Halas
South Florida Water Management Dis1rict
3301 Gun Club Road
West Paim Beach, Florida 33406
Attention: Procmemcnt Department. Notices
Accounts Payable - Invoices
Accepted By;
Title:
Chairman
Date:
Approved as to form and legal sufficiency
~l,-r. ColI er
TYPE:
Not-to-Eleeed
Flstal Year:
Fistal Year:
Fiscal Year:
EFFEC E DATE' Nove or I 20
Distrle! Contract Administrator:
Penelope Burger (561) 682.2536
Fax No.: 561 682-6397 or 561 681-6275
SUBMIT NOTICES TO THE COUNTY AT:
BOCC COLUER COUNlY FLA
POLLUTION CONTROL & PREVENTION DEPARTMENT
330IE.T~~ITRJUL
BLDG.H
NAPLES, FL 34112
Attention: RAymond E. Smith
--...
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BO
Dale:
,
..' ~ ~.~:~ ~~fr;~~;';;~;:.:C\::~'~ .
: ~: /0..';(:".'.' .:/ ". >>;.~ ,,'i,,.
~ o' ~~f":"' ',.:' ,.L....:".'-:,;..:-,.:t<.
SFWMD.~O ~ ~~.,;. 'A0?Q,:.},~.,:i,~~:;1*".,g,~,,'~.:..
, '1.'I,"'i~, .d ,. . . ~ /..n Ie'
By: " "..".+ ..,,'-~i':i{!',otJa :
. .
" Y'r. '..1_.~~.- '.-+:~;."~',/."",,..~';' ,~ .
=;~ ~.~~. '~".~i:;.~~i~:~."i~ ,
BY: ~~t.. "~.(,_
n____....... (,lI...a....1i' '. " " .
~
,~,,~
'8
SOUTH FLIuDA WATER MANAGE_NT DISTRICT 16 C .3
EXHIBIT "B"
GENERAL TERMS AND CONDmONS
ARTICLE I - STATEMENT OF WORK
1.1 The COUNTY shall, to the satisfaction of tlw
DISTRICT, fully and timely perform all work ite=
descnbed in tlw "Statement of Worlc," attacbed bereto
. as Exbibit."C" and tDa(\~apart_of.!l1!sAGREEME~:.. .
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 complc:ted by subcontractors, assistants,
models, concepts, analytica] theories, computer
programs and conclusions utilized as the basis for the
fmal work product required by the AGREEMENT.
TIris paragraph sball survive the expiration or
ternWmtionof~sAGREEMEN~
L3 The parties agree that time is of the essence in
the performance of each and every obligation under
~s AGREEMENT.
1.4 In the event COUNTY employees or hired
workers are authorized by Exlnbit "C" to perform
services on-site at DISTRICT facilities, tlte COUNTY
hereby agrees to be bound by all applicab]e
DISTRICf policies and standards of conduct listed in
Attachment I, "Contractor Policy Code
Acknowledgemenf' to Exhibit "Cn and sball require
each individual perfomring such on-site work to
execute tlw Attachment ] fonn It is the COUNTY's
responsibility to advise its employees or hired workers
oftlw nature of the prQjec~ as descnbed in Exhibit "Cn.
The COUNTY shall detertnine the method, details and
means of perfonning the semces, within the
parameters established by Exhibit "Cn. The
DISTRICT shall provide additional guidance and
instructions to COUNTY'. employees or hired
workers where nec~ or appropriate as detennined
by the DISTRICT. .
ARTICLE 2 - COMPENSATION/
CONSIDERATION
2.] The total consideration for all work required
by the DISTRICT pursuant to this AGREEMENT
. . shal]not. exceed the. amount as indicated on ..the .
'-'Coverlsig;;.ture page of ihisAGREEMENT.s.ucli
amount includes aU expenses which the COUNTY
may incur and therefore no additional consideration
shall be authorized..
2.2 Notwithstanding the foregoing, tlw amount
expended under this AGREEMENT sball be paid in
accordance with, and subject to the nmIti-year funding
allocations for each DISTRICT fiscal year indicated
on the cover/signature page of ~s AGREEMENT.
Funding for each applicable fiscal yeu of this
AGREEMENT is subject to DISTRICf Governing
Boud budgetary appropriation. In the event the
DISTRICf does not approve funding for any
subsequent fiscal year, ~s AGREEMENT shall
terminate upon expenditure of the current funding,
notwithstanding other provisions in ~s
AGREEMENT to the contrary. The DISfRICT will
notiJY the COUNTY in writing after the adoption of
the final D1STR1Cf budget for each subsequent fiscal
yeu if funding is not approved for this
AGREEMENT.
2.3 The COUNTY assumes sole responsibility for
all work which is perfonned pursuant to the Statement
of Work, Exhibit "C". By providing funding
hereunder, the DISTRICT does not make any
warranty, guanmty, or any representation whatsoever
regarding the conectlless, accuracy, or.reliability ofany
of the work performed hereunder.
2.4 The COUNTY by executing ~s
AGREEMENT, certifies to trotb-in-negotiatioo,
specifically, that wage rates and other factual unit costs
supporting the consideIlltion are accurate, complete,
and current at the time of contracting. The COUNTY
agrees that the DISTRICT may adjust the
consideration for ~s AGREEMENT to exclude any
significant swns by which the consideration was
. .increased due toblacCIl!1l~,ln.&.Q!:!l'Jele. or~ent
wage rates and other factual unit costs.
Page I of 10, Exhibit "B"
Contract File:\County.doc 06/06/06
'8
SOUTH FLIuDA WATER MANAGE_NT DIST~9 C 3
ExmBIT "B"
GENERAL TERMS AND CONDITIONS
The DISTRICT shall make any such adjustment
within one (I) year following the expiration or
tennination of this AGREEMENT.
ARTICLE 3 - INVOICING AND PROMPT
.PAYmNT.
3.1 The COUNTY's invoices shall reference the
DISTRICT's Contract Number 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 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, aU 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 travei'shall be reimbutsed 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 andlor deliverables
may result in an unavoidable delay in payment by the
DISTRICT. All payments due from the DISTRICT
.for a proper invoice.anlJ.J'.I'.9"eptll1:lle services.andJ'()!..
"aeliverii1iles and nolmade witbiif$lime' specifieain .
this sectioD 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 wbich
cannot be resolved by the appropriate department of
the DISTRICT shall be concluded by final written
decision of the DlSTRlCT Leadership Team not later
than sixty (60) days after the date on whicb the proper
invoice was received by the DISTRICT.
3.4 Unless otherwise stated berein, the DISTRICT
sball not pay for any obligation or elCpenditure made
by the COUNTY prior to the commencement date of
this AGREEMENT.
ARllCLE 4 - PROJECT MANAGEMENT/
NOTICE
4.1 The parties shall direct all technical matters
arising in connection with the perfonnance of this
AGREEMENT, other than invoices and notices, to the
attention of the respective Project Managers specified
on the cover/signature page of Ibe AGREEMENT for
attempted resolution or action. The Project Managers
sball be responsible for overall coordination and
oversight relating to the perfonnance of this
AGREEMENT. The COUNTY shall direct all
administrative matters, including. invoices and notices,
to the attention oflbe DISTRICT'. Cootract Specialist
specified on the cover/signature page of the
AGREEMENT.
All formal notices between the parties under this
AGREEMENT shall be in wri1ing and shall be
deemed received if sent by certified mail, relllIIl receipt
rnt~*jj,to 1!!e"spectivc.aEdresses .~~!!!e~on 1he
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 06/06106
16C3
SOUTH FLIuDA WATER MANAGE_NT DISTRICT
EXHmIT "B"
GENERAL TERMS AND CONDITIONS
,
'f)
the DISTRICT's Project Manager. All oolices ARTICLE 6 - TERMINATlONIREMEDIES
required by lhis AGREEMENT shan be considered
delivered upon receipt, Should either party change its 6.1 It is the policy of the DISTRICT to
address, written notice of such new address shall encourage good business practices by requiring
promptly be sent to the other party. contractors to materially perform in accordance with
--_.._"-- _____._.______.........._u _ ._ _,_,,~,._, ,. ._____.__.Jht;LJ_ent1S .~uM_L...c_olld.i..P.:ons._.:_9f ~{he DI~TRICT_,,_.,..
Aflco.respondeiice"to" fueDlSTRlCY'Wxler this AGRE1!:MENl':-"1n accorrl.noe'WiilCDISTRICT'
AGREEMENT shall reference the DISTRICT'. Rule 40E-7, Part II, FAC., "material breach" is
Contract Nwnber specified on the cover/signature page defmed as any substantial, unexcused non-
of the AGREEMENT. perfonnance by failing to perform an act that is an
important part of the transaction or performing an act
ARTICLE 5 - INSURANCE inconsistent with the tenos and conditions of the
AGREEMENT.
5.1 The COUNTY assumes any and an risks of
personal injury, bodily injury and property damage
attributable to the negligent acts or omissions of the
COUNTY and the officers, employees, servants, aod
agents thereof. 1l1e 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'. officers, employees, servants and agent.
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 (I) denying to either party any remedy
or defense available to such party under the laws of
the State of Florida; (2) tlle 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'.
subcontractor agrees to defend, indemnify, and pay
on behalf, save and hold the DISTRICT hannIess
from all damages arising in co.nnoec.tion witl1 the
COUNTY'. subcontract.
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 !hirty (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 Tennination for Default Notice, the
DISTRICT'. Governing Board shall detennine
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, FAC. in making a determination as to
whether a COUNTY should be snspended, 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 wi1iwut cause at any time for
convenience upon thirty (30) calendar days prior
written notice to the COUNTY. The perfonnance of
work under lhis AGREEMENT may be terminated by
the DISTRICT in accordam:e with this clause in
.whol~, 9Ll!11m.!iJ:lle to ti!!'~:...!ll..P~.. ~h"",~v."".. !!>E...
DISTRICT shall determine that such termination is in
the best interest of the DISTRICT. Any such
Page 3 of 10, Exhibit "B"
Contract File:\County.doc 06/06/06
16C 3
SOUTH FLIunA WATER MANAGEANT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
..
e
t:errnination shall be effected by delivery to the
COUNTY of a Notice of Tennination specifying the
extent to wbich performance of work under the
AGREEMENT is tenninated, and the date upon which
such termination becomes effective.
H'Urn"iiieuevent'oftemlination-' fur convenience;"llie
DISTRICT shall COtl1'ensate the COUNTY for all
authorized and accepted deliverables completed
through the date of tennination in accordance with
Exhibit "C", Statement of Work The DISTRICT sha1l
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 ti,e
COUNTY for such work until such time as the
DISTRICT detennines 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
mediation. The mediator or mediaton; 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 sban be confidential to the
extent permitted by law,
6.4 The DISTRICT may order that all or part of the
work stop if circmnsmnces dictate that this action is in
the DISTRICT's best inlerest Such circumstances
may include, but are oot limited to, unexpected
technkal 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 dllJl18ges sustained as a result of such
delay, from the COUNTY to the DISTRICT. If this
provision is invoked, the DISTRICT shall ootify the
COUNTY in writing to stop work as of a certain date
and specifY the reasODS for the action, whieh shall not
be arlJitrary or capricious. The COUNTY shall then be
obligated to suspend all work efforts as of the effective
date of the ))9J~C; ,.llIl~ 1!l'IJil.J'tlr!1!erwritt<;n djrectioD
from the DISTRICT is received. UpoD resumption of
work, if deemed appropriate by the DISTRICT, the
DISTRICT shall initiate an amendment to this
AGREEMENT to reflect any changes to Exlnbit "C",
Statement of Work and/or the project schedule.
6.5 The DISTRICT anticipates a total project cost
as indicated oIl, .lhe cQverlsigna~page, .withthe
'1iii1iiiicc'ofmatching liiilasiiiilTor-iii::kiiiQ serVices 10 be
ob1llined from the COUNTY in the amomrt as
specified on the cover/signature page of this
AGREEMENT. ill Ihe event such COUNTY
matching funding and/or in-kind services beCOIlUl8
unavailable, that shall be good and sufficient cause for
the DISfRlCI to tenninate Ihe AGREEMENT
pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTION/
OWNERSHIP
7.1 The COUNTY shall maintain records and Ihe
DISTRICT shall have inspection and audit rights a,
follows:
A. Maintenance of Records: The COUNTY
shall maintain all financial and non-financial records
and reports directly or indirectly related to the
m:gotiation 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 wilh generally accepted governmental
auditing standards all records directly or indirectiy
related to this AGREEMENT. Such examination may
be made only within five years trom the date of final
payment under this AGREEMENT and upon
reasonable notice, time and place.
C. Extended Availability of Records for Le.at
Disuutes: ill Ihe eveIl,t that the DISTRICT shonld
become involved in a legal dispute with a third party
arising from performance under this AGREEMENT,
the. .CQl1JIlJ1::. $l\lextend..t1le.1'eriod_~L~~e
for all records relating to the AGREEMENT unti1 the
final disposition of the legal &SPDte, and all such
Page 4 of I 0, Exhibit "B"
Contract File:\County.do<: 06106106
i
.
(8
SOUTH FLIuDA WATER MANAGEANT DISTRICT
EXlllBIT "B" 1 6 C 3
GENERAL TERMS AND CONDITIONS
records shall be made readily available to the
DISTRICT.
7.2 The DJSTRICf shall retain exclusive tide,
copyright and other proprietary rights in all worle items,
4!cl",,~g, bUJnot 'limite_d to, all ~cumon!', technical
reports, resean:hllOtes, scieniific data,' computer
programs, inclurling the source and object code,
which are developed, created or otherwise originated
hereunder by the COUNTY, its subcontractor(s),
assign(s), agent(s) andlor successor(s) as required by
the Exhibit "C", Statement of Work (the "Work"). In
consideration for the DISTRICT entering into Ibis
AGREEMENT, and other good and valuable
consideration the sufficiency and receipt in full of
which is hereby aclcnowledged by the COUNTY, Ibe
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
assignmeots or other instruments necessary to
evidence the Gran~ wilbout Ibe payment of any
additional consideration by the DISTRICT. The
COUNTY may not disclose, use, license or sell any
work developed, created, or olberwise originated
hereunder to any third party whatsoever. This
paragraph shall survive the termination or expiration
of this AGREEMENT.
7.3 The COUNTY represents and warrants th.t
proprietary software, if any, to be provided to the
DISTRICT by the COUNTY hereunder, 's
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 sucb
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_J;l:'~ . 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 npon
termination or expiration of this AGREEMENT
upon the written request of the DISTI{!:Cl.' ..1I0t less
. than ii:iirtY (30) dayS pnor 10' AGREEMENT" -
expiration or tennination. Equipment is hereby
defmed as any non-<:onsumable items purchased by
the DISTRICT with a value equal to or greater than
$500.00 and with a normal 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 equipmel1t to the
DISTRICT in good condition, less normal wear and
tear. The COUNTY will use its best efforts to
safeguard the equipment throughont the period of
performance of this AGREEMENT. H6wever the
DISTRICT will not hold the COUNTY liable for
loss or damage dne 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 pennit the COUNTY access to certain third
party owned software on DISTRICT computer
systems. The COUNTY aclcnowledges 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 sball be
restricted to designsted 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, sball 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 COl!NTY,1I1!Q!L~est,n~._.!!>,. ..
any such Jaws ofwhlch it bas present knowledge.
Page 5 of 10, Exhibit "B"
Contract File:\County.doc 06/06/06
16C3
SOUTH FLIuDA WATER MANAGE_NT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
e
8.2 The COUNTY hereby assures that no pelSon gift, or other consideration contingent upon or resulting
shall be discriminated against on the grounds of race, from the awarding or making of this AGREEMENT.
color, creed, national origin, handicap, age, or sex, in For breach of this provision, the DISTRICT may
any activity under this AGREEMENT. The terminate this AGREEMENT without liability and, at
COUNTY shaH take all measures necessary to its disCIetion, deduct or otherwise recover the full
effectuate these .""surances. amount of such fee, commission, pen:entagc, gift, or
--.-.-.-----,.....-... . ...----..--"-'. '''''--otfiet'considefatioii:'''''' .....-,. ....,..
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
Iegarding 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 federnl court.
8.4 The COUNTY, by its execution of this
AGREEMENT, acknowledges and attests that neither
it, nor any of its suppliers, subcontractors, or
consul1ants who shall perform work which is intended
to benefit the DISTRICT is a couvicted vendor or bas
been placed on the discriminatory vendor list. If the
COUNTY or any affiliate of the COUNTY has been
.convicred of a public entity cri.me or has been placed
on the discriminatory vendor list, a period longer than
36 months bas passed since that person was placed on
tbe convicted vendor or discriminatory vendor list. The
COUNTY further 1JJlderstands and accepts that this
AGREEMENT shall be either void by the DISTRICT
or subject to innnediate termination by the DISTRICT,
in the event there is any misrepresentation or lack of
complianre with the mandates of Section 287.133 or
Section 287.134, respectively, Florida Statutes. The
DISTRICT, in 1I1e event of such termination, shall not
incur any liability to the COUNTY for any work or
materials furnished.
8.5 The COUNTY shaH be responsible and liable
for the payment of all of its FICNSocial Security and
other applicable taxes Iesulting from this
AGREEMENT.
8.6 The COUNTY warrants that it bas 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
_ts that. is._~.,l!()!._,,,!i~..2!..'W''''d to pay any
person, other than a bona fide employee working'solely
for the COUNTY, any fee, commission, percentage,
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 ex~tions to the requirements
of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or
other Ielief as provided by law, shall be upon tbe
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 agree that ir 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 DISlRICT and the . COUNTY
(Licensee), it shall be the COUNTY's (Licensee's)
sole burden and responsibility 10 innnediately seek
and obtain such injunctive or other relief from the
Courts and to immediately serve notice of the salllC
upon tbe Licensor to protect the Licensor's claimed
exemption under 1I1e Statute.
8.8 The COUNTY shall make reasonable efforts
to obtain any necessary federal, state, local, and 01l1er
governmental approvals, as well as all necessary
private authorizations and permits, prior to the
connnencement of performance of this
AGREEMENT. A delay in obtaining pennits shall
not give rise to a claim by the COUNTY for
additional compensation. If the COUNTY is UlUIble
. to",ibtun illlnecessary pemufs';n'alliiiCTy-manner;"
either party may elect to terminate this
Page 6 of 10, Exhibit "B"
Contract File:\County.doc 06106106
16C 3
SOUTH FLIuDA WATER MANAGEANT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDmONS
,
.
o
AGREEMENT, each party to bear its own costs,
notwithstanding other provisioll8 of this
AGREEMENT 10 the contrary.
8.9 Pursuant to Section 216.347, F.S., the
.. _,__.__.,!:O~, is .p"'hibited from the ""JIenditure. of any
funds under this. AGREEl\1ENT to' lobby the m
Legislature, the judicial branch or another state agency.
8.10 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 cOll8istent
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, as the
DISTRICT'S COUNTY for this project, the
COUNTY assures the DISTRICT that the
COUNTY, its employees, subcontractoIS and assigns
will reftain 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
,detennines it is unable 10 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
tenninate this AGREEMENT.
AlITlCLE 9 - RELATIONSHIP BETWEEN
THE PARTIES
9.1 The COUNTY shall be considered an
independent contractor and neither party shall be
considered an ~Ioyee or agent of the other party,
Nothing in this AGREEMENT shall be inteapreted to
establish any relationship other than thst 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..ite 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'sstafr.1iilI be exclusively proViaeil'b~-----'--_ou .
COUNTY or by the COUNTY's ~loyee.
The COUNTY is solely responsible for compliance
with all labor and tax laws pertaining to officers, agents
and COUNTY employees and shall indenmify 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, annnal1eave,
sick leave, paid holidays, health insurance, retirement
benetits and disability insurance,
9.2.4 Complying with the Fair Labor Standards
Act, 29 U.S.C. 201, et.seq., including payment of
overtirne in accordance with the Act.
9.2.5 Providing employee training for all
activities uecesSllI)' 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 peISon or entity
olber 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 . 'I'hO COUNTY shiilliiot assign, diilegaiii;-ar
otherwise transfer its rights and obligations as set forth
Page 7 oflO, Exhibit "B"
Contract File:\COUDty.doc 06/Q6/06
16C3
SOUTH FLIuDA WATER MANAGEANT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
'8
in this AGREEMENT without the prior written
consent of the DISTRICT. AD.y atlen1'ted assigmnent
in violation of this provision shall be void.
apply if the "Statement of Work" of
AGREEMENT specifies that performance
COUNTY is specifically required during
occurrenre of any of the events herein mentioned.
this
by
the
9.5 The COUNTY shall not pledge the
DISTlUCT's- credit. or.make the .DlSTRlCT a 11.2 AD.y inconsistency in tbisAGRE.EMENT shall
guarantor .of' 'payment or surety fof "'iiiiY--~lved-by 'giving'prOCe~e-foIlOwin&
AGREEMENT, debt, obligation, judgement, lien, or order:
any form of indebtedness. (a) Exhibit "A" Special Provisions, if applicable
(b) E1<Inbit "B" General Terms and Conditions
(c) Exlubit "C" Statement of Work
(d) all other exhibits, attachments and documents
specifically incorporated herein by reference
9.6 The DISTRICT assumes no doty with regard to
the supervision of the COUNTY and the COUN'lY
shall remain solely responsible for compliance with all
safety requirements and for the safety of all persons and
property at the site of AGREEMENT perfonnance.
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.
ARTICLE 11- GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this
AGREEMENT to the contrary, the parties shall not be
held liable for any Jailure or delay in the performance
of this AGREEMENT that arises ftom fires, floods,
strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of
Government, riots, civil commotion, foroe majeure, act
of God, or for any other cause of the same character
which is IUllIvoidable through the exercise of due care
and beyond the control of the parties. Failure to
.pl'!fomt ~~.Jle excused ..~.. tbe . cootinuance of
such cirCUJJlStances, but this AGREEMENT shall
otherwise remain in effect. This provision shall not
11.3 Failures or waivers to insist on strict
perfonnance 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 perfmming any subsequent obligations strictly in
accordance with the terms of this AGREEMENT. No
waiver shall be effective W1Iess in writing and signed
by the party against whom enforoement 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 othet provision.
No waiver shall constitute a continuing waiver W1Iess
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
ciIcumstance during the tenn hereof, by force of any
statute, law, or ruling of any forom 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,
eororceable and in full force and effect to the extent
pcnnitted by law.
11.5 This AGREEMENT may be amended <mly
with the written approval of the parties hereto.
11.6 This AGREEMENT statl:s the entire under-
standing and AGREEMENT betWeen the parties oDd
supersedes any and all written or oral representstiOllS,
statl:rnents;.uegotiations,.or contracls..pre.vi<msly
existing between the parties with respect to the subject
matter of this AGREEMENT. The COUNTY
Page 8 oflO, Exhibit"B"
Contract File:\County.doc 06106/06
16C3
SOUTH FLIuDA WATER MANAGE_NT DISTRICT
EXlDBIT "B"
GENERAL TERMS AND CONDITIONS
'f)
",cognizes that any representations, statements or
negotiations made by DISTRICT staff do not suffice
to legally bind the DISTRICT in a contIactual
relationship unless they bave been ",duced to writing
and signed by an authorized DISTRICT
representative. This AGREEMENT. shall inure to the
benelii of and sball be ,"n'~;;.g' upon theparties,theii
respective assigns, arid 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
nwasures. A Material Safety Data Sbeet (MSDS)
,hall 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 Depll11:ment of Labor and
Employment Security and all other appropriate
federal, state, local or DISTRICT safety and health
standards.
12.4 It is the COUNTY', 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 p",vention program which shall include, but
shall not be limited to, establishing and snpervising
prognuns for the education and training of employees
in the recognition, avoidance, and p",vention of
unsafe conditions and acts.
12.6 The COUNTY sball e",ct and maintain, as
required by existing conditions and performance of
ibe 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:
"---12';7;'1-'-etnployees . on ..~:,;,;o,.ir8nd.."ther---"--"'"
penions who may be affected thereby; including
pedestrians, visitors, or traveling public;
12.7.2 the work, materials, and equipnwnt to
be incolporatedtherein; whether in storage on or off
the site, under care, custody or control of the
COUNTY, or ibe COUNTY's subcontIactors; 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 shaD provide first aid services
and medical care to its employees.
12,9 The COUNTY sball develop and maintain an
effective fire protection and p",vention procedures
and good housekeeping practices on ibe work site
throughout the AGREEMENT.
12.10 Emergencies: In emergency affecting safety of
persons or property on or about ibe site or as a result
of the work; the COUNTY shall act, timely and with
due diligence, to prevent tlrreatened damage, injury,
or loss.l
12.11 Environmental: When the COUNTY,
COUNTY's contIactorB, or subcontIactors, use
petruleum products, hazardous chemic~ls, or llIIY
other chemicals used on or about the site, ibe
COUNTY shall be responsible for handling these
chemical constituents in accordance with federal,
state and local regulatious during the terms of ibe
AGREEMENT. For accidental discharges or
releases onto the floor. air, ground, surface waters,
grOlD1d waters, it shall be the COUNTY's sole
"'sponsibility to respond immediately to clean the
site,atbis . ""pense,. to .the.complete .satisfaction.of
federal, state, local regulatory agencies and to the
DISTRICT requirements.
Page 9 of 10, Exhibit "B"
Contract File:\Comrty.doc 06106106
"e
16C3
SOUTH FLIuDA WATER MANAGEANT DISTRICT
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
12.12 The DISTRICT may order the COUNTY to
halt opeIlltions under the AGREEMENT, at the
COUNTY'. eXJlense, if a condition of immediate
danger to thepJ1b1,i<<,.lllW<!I.DISTRICT employees.
eqwpment, or property eXiSL'Tliis proVlSlon ThiiII II!!I
shift the responsibility or risk of loss for injuries or
damage sustained from the COUNTY to the
DIS1RICT; 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 10 of 10, Exhibit "B"
Contract File:\County.doc 06/06106
.
.
.
16C3
EXlDBIT "C' ,
STATEMENT OF WORK
COLLECTION AND ANALYSES OF SURFACE WATER QUAUTY
SAMPLES IN COLLIER COUNTY
1. INTRODUCTION AND BACKGROUND
,
"'-'TIie natural 'flowoIrresliwater iscrUciallothe sUMvaJor-tlle'Hlg Cypress watershed and
Everglades National Park as well as to preserving the integrity of the entire southwest Florida
ecosystem. The southwest coast of Florida has experienced rapid agricultural and urban-
suburban development. A major concern ofthis rapid growth is its effect on water quality. The
Ecosystem Restoration W orlcing group for this area (Sub region 5) lists restor8tion of more
natural distribution, timing and quantities of fresh water into coastal areas as one of its seven
major restoration objectives. Long-term, systematic monitoring is a powerful tool used to
identifY problem areas and provide 8 clear understanding of baseline conditions. The monitoring
initiatives detailed in this agreement 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 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.
n. OBJECTIVE
The primary objectives of this Cooperative Agreement are to 1) continue to obtain data of
acceptable quality to evaluate the water resources within the Big Cypress Basin and the coastal
waters of Collier County; 2) partner with a local government to perform water quality monitoring
and laboratory analysis; 3) reduce District monitoring and laboratory work loads and; 4) allow for
the redirection of staff to additional legislatively mandated projects.
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,
Immokalee Stonnwater coded IMKS, consists of five (5) stormwater outfall stations within the
'City'of -Immokalee, which' will provide data to support the.development -of-a"-watershed'
management plan to protect Lake Trafford as well as provide a baseline for the quantification of
specific parameters identified in the Immokalee Stormwater Master Plan. The third project,
Page lof 24, Exhibit" C" to Agreement No. ML070554
.
.
.
16C3
Southern Golden Gate Estates, coded SGGE, consists of seven (7) stations in the Picayune Strand
CERP project. These stations are sampled for penuit compliance and are sampled during the wet
season.
The station names, descriptions, and Global Positioning System (GPS) coordinates for the three
projects are listed in Table 1. The locations of all stations are depicted in Figures 1 and 2. The
required water quality parameters along with sampling frequency for each project and parameter
are listed in Table 2. Table 3 provides details of the In Situ field measurements to be collected for
all stations in these three projects.
Page 2of24, Exhibit" C" to Agreement No. ML070554
.
.
.
16C3
~
~~
..~ t .~_-
.+.
,~~
.... : Jd'JlIIIIIllIJl..~
. .::::-=-~..."':..~~
=~,~-==~- .
. .: -..-.....-.-;.;;:....:.....--
ClOLLIER COUNl'f
WATlOR QUALllYSTAllQNS
.ERA
..~"."".l'" ,.,..!~""...~a.
Figure 1. Location of CCWQ and IMKS monitoring sites
Page 3of24. Exhibit" C" to Agreement No. ML0705S4
,
.
.
.
16C3
Southern Golden Gate Estates
Prairie Canal Surface Water Sites
. SURFACE WATER SITE
- CANALS
- ROADS
o
~.5
~Miles
Figure 2. Location ofSGGE monitoring sites
.....
,
Page 40f 24, Exhibit" C" to Agreement No. ML070554
.
.
.
16C3
.
Table I. Site names Imd GPS coordinates for projects CCWQ, IMKS Imd SOGB
CCWQ BARRIVN Off dock at sheriff's substation on comer 2554352 812148.5
US41 &C&29
CCW BC1 Channel maIker 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 exl. at mouth of canal 2('jQ947.8 814711.5
.....-..........-.. "--leatl' -to-main-P,0.
CCWQ BC4 Downstream of weir in Golden Gate Canal 261004.0 814632.7
across from Bear's Paw Coun Club
CCWQ BC5 Bridge at intersect of Haldeman Creek and 260731.3 814613.3
Ba shore Dr.
CCWQ BC6 Downstream of we if in HendelSon Creek 260324.0 814123.5
south ofUS4IE
CCWQ BC7 FakaUnion Canal at west bend of"T" 255933.9 813118.5
CCW BC8 Merritt Canal at east bend of "T" 255935.9 812925.4
CCWQ BC9 Miller Canal at intersect ofI-75 260911.4 813318.9
CCWQ BCIO FakaUnion Canal at intersect ofI.75 260611.3 810308.4
AKAUC75
BC11 Memt Canal at intersect ofI-75 260912.6 812926.3
BC12 Prairie Canal at end of 82 AveS.E. 260031. 8 812729.2
BC13 Downstream of weir in lmmokalee Rd 261623.1 814647.6
canal west of Pahn River Blvd
CCWQ BC14 Immokalee Rd Canal at intersection of 261621.6 814642.0
Pahn River Blvd
CCWQ BCl5 Airport Rd Canal at enttaoce to Sam'. 261615.9 814609.9
Club
BC16 Bridge #84 on US41E 250519.6 811542.2
BCl7 Bridge #86 on US41E 255235.0 811304.1
BC18 Bridge #73 on US41 E 255507.2 812327.5
BC19 Bridge #69 on US41E 255537.1 812503.5
BC20 Bridge #52 on US41E 255739.7 813059.9
BCZ1 Bridge #55 on US41E (TAMBRSS) 255737.7 813000.8
BC22 Guaging station north of intersection US41 260325.6 814102.2
and Henderson Creek HENDCRK
BC23 Bridge at intersection of main Golden Gate 261013.2 814112.3
Canal & CR951 GGC 51
CCWQ BC24 Bridge #30211 on 8&29; 3 miles north of 261212.7 812047.3
1-75
CCWQ BC25 Bridge east of Oil Well Grade Rd on 261738.3 812845.9
CR858 in Carn Keais Strand
CCWQ BC26 Intersection of951 Canal and Immokalee 261620.7 814121.7
Road Canal
CCWQ CHKMATE Middle of Checlanate Pond Fakahatchee 260837.0 812321.4
8tnmd
CCW COCAT41 Cocohatchee River @ U841 261605.7 814806.8
Page 50C 24, Exhibit" C" to Agreement No. ML070554
..
~
.
.
16C3
CCWQ COC@IBIS Bridge at intersection of Coconut Palm 261655.1 814612.4
River and Ibis Wav
CCWQ COC@LAKE Bridge at intersection of Lake land Ave. 261622.7 814535.6
and Cocohatchee River Canal
CCWQ COCPALM Bridge at intersection of Palm River Dr & 260140.0 814641.0
CoconUI Palm River
CCWQ CORK@846 Bridge at intersect of Corkscrew Canal & 261640.7 813603.7
CR846
CCWQ CORKN Bridge just south of County line and USGS 262945.5 812713.9
.. ..-..... .. ... ,...l!~H!:!ng station o.n tram road to Little .. I....
-,.".- ~or~bIamHn-eorkscrewSw~
Sanctuary
CCWQ CORKS Southern most bridge on TramRd in 262956.2 813115.5
sanctuarY
CCWQ CORKSCRD Bridge @ intersect of Corkscrew Rd & 264412.3 812219.0
canal NE of Corkscrew Marsh trailhead
CCWQ CORKSW Canal along tram road at southwest corner 263016.6 813339.7
of Corkscrew Swamo SllJICtuarv
CCWO ECOCORIV Bast ofWCOCORlV site at amil gate 261620.3 814702.3
CCWQ FAKA Gauging station N of weir @ intersect of 255737.8 813034.2
US41IFakaUnion Canal
CCWQ FAKA858 S side of bridge @ FakaUnion Canal and 261734.4 813146.7
CR858
CCWQ F AKAUPOI FakaUnion Canal @ entrance to Port of the 255721.4 813037.8
Islands marina
CCWO GATOR N side of bridge 105 on US41 E 255035.1 805503.7
CCWQ GGC@858 Bridge @ intersect of Golden Gale 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 & HaldeIl1a11 creek
CCWQ LELY Bridge @ intersect of US41 & Lely 262119.3 814442.3
Main Canal
CCWQ MONROE Bridge 30096 @intersectofUS4l 255148.9 810604.2
& Loop Rd
CCWQ OKALA858 Okaloacoochee Slougb crossing on 261817.4 811731.4
CR858
CCWQ TAMBR90 Bridge 30090 on US4l E 255220.0 810107.5
IMKS IMKFSHCK On Lake Trafford Rd. just west of 262559.9 812745.3
elementary scbool at sidewalk
bridge
IMKS IMK6STS Second culvert S of Main SI on 6 262503.9 812519.70
St. S in hmnokalee
IMKS IMKMAD Gopber Ridge Rd. entrance to Gopher 262548.9 812440.81
Ridge Grove al the end of
Alacbna Rd. Canal/bridge is
localed just before vehicle
snrav/wash area at ~ove entrance.
Page 6of24, Exhibit" C" to Agreement No. ML070554
.
,.
.
.
16C3
lMKS lMKBRN First bridge over canal on US29 S 262432.57 812352.24
of convergence ofNW and N
drainage canals on SE end of
InnnokaIee
IMKS IMKSLGH On Sanitation Rd. leading to Eustis 262423.60 812545.33
LandfIll on east side ofroad
approx. half way between
cntrance gatc at Immokalee Water
& Sewer District Office and
Eustis Landfill 2ate.
, ..':ccSGGE -s,OGE5SW "Surface watersit~..~t?rairie Canal and ','" I... '2.6.Q83~ ;..;:.:.:81.2.8lQ.~ .. . .
Transect 1
SGGE SGGEI0SW Surface water site at Prairie Canal and 260635.3 812834.4
Transect 2
SGGE SGGEllSW Surface water site at Prairie Canal and 260535.1 812738.8
Transect 2
SGGE SGGE16SW Surface water site at Prairie Canal and 260318.2 812818.5
Transect 3
SGGE SGGE17SW Surface water site at Prairie Canal and 260251.3 812628.8
Transect 3
SGGE SGGE22SW Surface water site at Prairie Canal and 260138.1 812841.9
Transect 3
SGGE SGGE23SW Surf""e water site at Prairie Canal and 260225.5 812747.7
Transect 4
Page 70f24, Exhibit" C" to Agreement No. ML070554
.
-
.
.
16C3
. . .
~ , ' -
: ; " . I j ~ '. I
I I : ,
I 1'1[' "
- I -
Ammonia BPA 350.1 0.Q1 mlllL Monthly Monthly Flow
BOD SM5210B 2 mlllL Monthly Monthly Flow
Color EPA 110.2 5peu Monthly Monthlv N/A
Hardness SM2340 B 1.0 mgIL Ouarterly Monthly Flow
. Nitra~e.<N03) <NO.-NCh) 0.Q1 ml!/L Monthlv N/A Flow
Nitrite <N02) SM4500 N02 B 0.002 mWL Monthly N/A Flow
Sodium... SM3111B 1.7mgIL Ouarterly N/A N/A
NOX EPA 353.2 0.01 mgIL Monthly Monthly N/A
OP04 . SM 4500 PE 0.004 ml2lL Monthly Monthly Flow
TDS SM 2540C 2.0 ml2lL Monthly N/A Flow
TKN SM 4500 0.04mgIL Monthly Monthly Flow
NorllD
TOC EPA415.1 0.32 mWL Monthly N/A N/A
TP SM 4500 PE 0.004 mgIL Monthly Monthly Flow
TSS SM 2540 D 2.0 mgIL Monthly Monthly Flow
Turbidity SM 2130 B O.IONTU Monthly N/A N/A
Chlorophyll-a SM 10200 H 3.0 mw m' Monthly N/A Flow
Phaeophytin SM 10200 H 3.0mw m' Monthly N/A Flow
Fecal Coliform SM 9222D I cfu/lOOml Monthly N/A N/A
Total Coliform SM 9222B I cfu/lOOml Monthly N/A N/A
Alkalinity SM 2320B 1.0 ml!/L Ouarterly N/A Flow
Calcium SM 3111 B 0.05 nw'L Quarterlv Monthlv Flow
Chloride SM 4500 CI-E 1.0 mWI. Ouarterly N/A N/A
Fluoride SM 4500 F-C 0.05 mWL Quarterly N/A N/A
Magnesium SM 3111 B 0.007 mgIL Quarterlv Monthly Flow
Manganese EPA200.8 0.39 ugIL N/A N/A Flow
(Mn)
Dissolved Silica SM 4500Si-C 1.0 mgIL Quarterly Monthly Flow
Sulfate BPA375.4 1.0 mWL Quarterly Monthly Flow
Arsenic EP A 200.8 (As) 1.0ulllL Ouarterly Monthlv N/A
Cadmium EPA200.8 (Cd) 0.1 uWL Quarterly N/A N/A
Chromium EP A 200.8 (Cr) 2.0uw'L Quarterly Monthly N/A
Copper EPA200.8 (Cu) 1.0uIV'L Ouarterly Monthly N/A
Iron SM3111 B 120 ul2lL Quarterly N/A Flow
Lead EPA200.8 (Pb) 1.0 uWL Quarterly Monthly N/A
Zinc EPA 200.8 (Zn) 20ugIL Ouarterly Monthly N/A
"Laboratory must obtain tbis MDL or a lower value
""Frequency Is six sample eveuts during the wet season from May through October when there are optimum
conditions for now (no stagnant or ponded water sample.).
.""Thls parameter will only be coUected at the GATOR site under project CCWQ
Page 80f24, Exhibit" C" to Agreement No. ML070554
.
.
.
.
16C3
Table 3, In Situ parameters, analytical methods, reporting units and accuracy limits
Salinity
+/. 0.2 H units
+/- 0.3 mgiL of saturation chart
SM4SQO-OG ..!It tem
P-SOP'FTI20U--- ILiIihOS/crii" "-=F!- 5% of the true Vll.lue orne
SM 2510 A KCI standard
FDEP SOP FT1400 0 C +/- 0.2 .oC
SM 2550 B
FDEP SOP FT1300 ppt NA
SM 2520 B
D th
meters
0.01 meter
IV. WORK BREAKDOWN STRUCTURE
Task I: General Quality Assurance/Quality Control (QA/Qc) Requirements
All sampling and analytical protocols shall follow the Florida 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. 62-160
(FDEP Quality Assurance Rule). It is required that the FQM shall be kept current with FDEP
SOP updates as they occur and the updated FQM shall be submitted to the District for an annual
review if there are any changes.
This FQM shall summarize the quality system that will be implemented in sample collection.
Through this FQM, the County shall explicitly commit to incorporating procedures that will
reduce systematic errors within specified tolerable limits. In addition, the County shall document
Quality Control (QC) procedures and evaluate the quality of the data being produced.
All field activities including on-site tests and sample collection shall follow all applicable
procedures described in FDEP-SOP-001/01 (February I, 2004). Alternate field procedures may
be used only after they have been approved according to the requirements of Rules 62-160.220,
and 62-160.330, FAC and approved by the District Project Manager.
The County's laboratory shall be National Enviromnental Laboratory Accreditation Program
(NELAP) accredited (primary or secondary) with the Florida Department of Health (FDOH)
Page 9of24, Exhibit .. C" to AgreemcnINo.ML070SS4
.
.
.
.
16C 3
under Chapter 64E-l, F.A.C., where such certification is required by Rule 62-160.300, F.A.C.
The laboratory shall be certified for all specific methocllanalyte combinations that are analyzed
for all 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-
160.330, F.A.C and approved by the District Project Manager. An updated NELAP approved
Laboratory Quality Manual (LQM) and NELAP certificates shall be submitted to the District
within one month of contract execution. Any changes or updates to the Quality Manual must be
provided to the District within 1 month of the effective date of the update. The County's
.!(lHQ!iltory shall notifY the District Project Manager immediately if it or its subcontractor loses
certificanon tor any pai'iI1nerer(s) analyze-d-ronlUsCOfluactand-wotk may only'blf'Continllell"ar--'.--
the discretion of the District Project Manager.
District QA staff may assess the County's performance as desired. For example, District staff
may conduct laboratory and field sampling audits, submit blind and split samples for analysis,
and review analytical and field sampling methods. In addition, the County's laboratory shaI1
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 dwing audits and/or
. when necessary to evaluate data.
When requested, the laboratory shall provide the District with results of all performance evaluation
and Round Robin studies in which it participates, as well as audit reports. The District may also
ask for MDL studies and QC charts during the duration of the agreement. The laboratory shall not
change analytical methodologies without prior written approval from the District. If the
. laboratory's proposed method is not listed in the approved LQM, they shall provide an FDEP-
approved Method Validation package for each method.
The minimum quality control requirements for all tests are those that are specified in the
County's LQM unless specified as othelWise 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 <MOL. If not, qualifY data results with
concentrations falling between the PQL and MDL with a (1),
. Verify that field quality control samples (I.e. EB, FCEB, etc.) are <MDL. Blanks that do
not pass this criterion are confirmed through rework; data for the blank and associated
samples that may be affected are flagged. Values are generally considered affected if they
are less than (<) 5x's the blank value,
. Calibration of instruments must be bracketed around expected sample concentrations.
The lowest calibration standard must be no more than 2 x MDL. The highest calibration
standard must not be at a level that would either be so high as to decrease sensitivity in
the analysis or too low that it would necessitate dilution of a large number of samples,
. All documentation must be neat, complete and organized so as to allow reconstruction of
both collection and analysis in the event oflegal proceedings.
The County shall provide all data associated with the analyses to the District. The District may
Page lOof 24, Exhibit" C" to Agreement No. ML070554
.
.
.
16C 3
refuse payment for data that do not meet the County's or DistrictIFDEP quality assurance/quality
control criteria.
Task 2: Data Transfer
Data Format for 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. All data submittals
:.'::::Sliall:ooiif9rm-tHxiSting';.l)ismet-girideliries:oHther-foiiiiat-'.a&:ieques~ed,by :the--Diiitiiiet:". IHs
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 Tool (ADaPT), which will be provided by the District.
Laboratory Receipt and Result Electronic Data Deliverables (EDD) shall be required to be
ADaPT submittals. ADaPT is:
A Microsoft ACCESS based electronic data deliverable (EDD) review and validation tool
program adopted by both FDEP and the District. This tool aids in processing analytical
data, validating format and completeness, checking the data quality and compliBllce with
the method and data quality objectives for all BllalytiCal data submitted to the District.
The District requires laboratories to utilize the ADaPT software to perform its own automated
data review soon after Bllalysis 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
QAIProject 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 Table 5. When District staff detects
problems with sample results, the District will notify the County in writing. The County shall
identify probable cause(s) of the problem(s) and submit a written response to the District within
two (2) weeks. The District reserves the right to request changes in data format during the
duration of the contract.
i
Laboratory Receipt Deliverable
Upon receipt of samples at the laboratory, the County shall generate a laboratory receipt file for
delivery to the District's QA unit. This file will be forwarded to the District monthly. The
laboratory receipt file format will be verified through ADaPT. The County shall forward the
verified version of the receipt file generated by the ADaPT software to a pre-determined list of
District staff which will include the District's Project Manager. The file naming convention
should be "An + Contractor FOOH ID + Date (YYYYMMDb) generated + sequerice, e.g. A-
E12l21-2001l201-1. The District will provide 111e County with a list of recipients for this email
Page llof24,Exhibit" C" toAgreementNo.ML070554
.
.
16C3
notification.
Laboratory Results Deliverable
The COImty shall perlorm 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 shall 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 shaII include data for samples submitted to the County as well as laboratol1' quality control
· '~"-""';'sftU1ples-fo,method~blanks;-laborlltorY-controhamptes;l11atrixspi1res;-Miitrir$pike-duptic-atenlr'--------
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 De/iverables
All field in-situ measurements should be submitted to the District with the quarterly reports in a
separate EDD.
All data submittals must conform to the following guidelines or other format as desired by the
District as shown in Table 4 and include the following:
I) Field data deliverables must be submitted to the District Proj ect Manager on a
CD, using a consistent file naming convention, i.e.. XXX-20011201-1.CSV
(laboratory name + date (YYYYMMDD)+ sequence number).
2) All data files shall be submitted in ASCII comma delimited format.
3) Character fields that may contain commas shall be enclosed by quotation marks.
4) The Contractor shall report all required fields in the data file, in the order in which
they appear as described in the table below. Files will not be accepted with
missing information.
5) All field positions are required. If there is no value for a field, a comma shall still
be placed in the file to represent that position. For example: Field 1, Field 2,
Field 4. Field 3 has no value but the position is still represented by having two
commas.
6) Contractor shall not report any data for missing results (0, -99, or blank).
Files should be in ASCII type in a comma delimited format. The fields and the
required order are described below.
Page 120f 24, Exhibit" C" to Agreement No. ML070554
.
.
16C 3
Table 4. Fonnat for Field Data Deliverable
Lab (LIMS Number >I<
Field Number >I<
Pro' ect code >I<
Sam \in Date >I<
Sam \in Time >I<
S.tation~Corlp. >I<
Parameter Name >I<
Storet Code
Method Name
Analysis Date >I<
Anal is Time >I<
Practical antitative Limit
Method Detection Limit >I<
Result >I<
Units >I<
Batch
emark Code
Comments
1 to 13 characters
1 to 13 characters
I to 8 characters
8 di 'ts YYYYMMDD
4 di 'ts HHMM (Milit
to:-10chai:acter.s-
1 to 10 characters (Laboratory QC
sam 1es would be identi here
1 to 4 characters
1 to 4 characters
I to 4 characters
It04diits
1 to 30 characters
L2555-20
P1233-3
MBLS
20000119
1305
MBLS18
SAMP, EB, FB
MaN, EXP
G, ACF, ACT
SW, GW, BFI
0.5
TP04, TKN,
OP04
5 digits. If code is <5 digits, then
leadin zeros must be used
I to 20 characters (EP A or EP A
acc ted SOP #
8 digits YYYYMMDD
4 di 'ts HHMM Hit
9 di 'ts total, 4 decimals (F9.4)
9 di . ts total, 4 decimals (F9.4)
9 digits total, 4 decimals. For result
values that are below detection limits, 0 05
the result value shall equal negative .
MOL and the remark code shall be U.
I to 8 characters m
I ~o 13 characters used to.linksample 10 or WGlOO
WIth laborato submitted
I to 3 Characters (as specified in
District flagging criteria
documentation
I to 240 characters (no commas in Large amount of
between comments) Laboratory QC suspended solids
samples shall use this field to indicate in the sample
the ori . nal sam Ie s ike or du 1icate.
665
SM4500PF
20000120
1400
0.016
0.004
U
Page13of24,Exhibil" C" toAgreemenINo.ML070SS4
.
.
16C 3
Project Library
An electronic proj ect library shall be generated by the County to document proj ect specific
requirements. The library is created using ADaPT. The District Project Manager or assigned staff
will review, approve and maintain the electronic project \ibrary prior to use. This library will be
used by the County and District staff during EDD error check and data validation process. Any
changes in laboratory protocols that affect the project \ibrary need to be communicated to the
District and once approved incorporated in the project \ibrary.
---":"';;';'TasH:--Surface Water'Sample Coilectiori, Analyses and DataDeliverablesforProjects CCWQ and
lMKS
The County shall collect surface water samples from 49 CCWQ and 5 lMKS stations identified
in Table 1 for the parameters, sampling frequencies, analytical methods and method detection
limits (mdl's) as listed in Table 2. Samp\ing and analysis for projects CCWQ and IMKS shall be
performed as described in the County's FQM and LQM and as described in Task 1. Data
deliverables shall be provided to the District in accordance with the requirements of Task 2, Data
Transfer.
All samples shall be collected in accordance with the County's FQM which requires collection at
0.3m below the surface when the total water depth is 1.5 meters or greater and bottom readings
when total depth is also 1.5 meters or greater. Surface and bottom measurements of pH, DO, .
salinity, specific conductivity and temperature will be measured at all CCWQ and IMKS stations
whenever the depth of water exceeds 1.5 meters, to determine if there is stratification. If the
depth of water is less than 1.5 meters, only surface measurements are collected. Stage recordings
(staff gauge readings) shall be noted for sites where this instrumentation is available.
Task 4: SGGE Surface Water Sample Collection
The seven (7) SGGE sites identified in Table 1 shall be visited during the wet season generally
from May to October. Sampling is not to exceed six (6) events per year and SGGE sites are to be
sampled only when there is sheet flow occurring across a sampling location as out\ined in the
Picayune Strand's Water Quality Monitoring Work Plan. A sample trip will be scheduled only
after observations confirming flow conditions are made at SGGE sites during a CCWQIIMKS
water quality monitoring event. Flow observations combined with rainfall events must provide
reasonable assurance that adequate water levels will exist within the SGGE project area to justify
a sampling event. This infonnation shall be communicated with the District Project Manager for
concurrence prior to scheduling a sampling event.
The County will follow the methodology for determining flow as described in section 5.1.1 of the
Water Quality Monitoring Work Plan for Picayune Strand. The methodology is as follows:
"Flow will be determined by disturbing the sediment or particulates away from
(downstream and downwind) the designated sample site. Using a white or light ~olored,
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. ML0705S4
.
.
16C3
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 PicaY100e Strand and referenced by the QASR and (FDEP) marsh
sampling protocol. Sample collection and analysis shall adhere to General Quality
Assurance/Quality Control (QA/QC) requirements and data format and deliverable requirements
listed in Task I 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 Analysis and-DataDeliverables
All SGGE samples collected under Task 4 shall be analyzed by the County for the parameters
listed in Table 2 and adhering to the requirements of Task 1 for laboratory analysis. Data
deliverables shall be provided to the District in accordance with the requirements of Task 2, Data
Transfer.
The total number of samples to be analyzed for project SGGE during the six sample events shall
not exceed 50 samples including the required quality control samples (6 events" 7 sites = 42
samples plus 8 QC samples, i.e. EB, FCEB, RS's). Parameters to be collected are listed in Table
2_
Page ISof24,Exhibit" C" toAgreementNo.ML070SS4
~
~
"
-
-e
"
>
:=l
o
l!l
-
::>
l'l
~
~
1
....l
""
o
'OJ
~
.,.;
"
~
....
~
00
~!Il
oW rn ~'"O
U l:.g a
.: ",'g.:> ..
U r') rtI ..
k .... '" a ~ ~
e.... ...,,,,
k ~ "''' -
. ~ .u 1II C rn
..., 8' ~.~,'l
~~-S-",=-~-:-,.
oW IV"".....
~'it '"
o::s ~
u 0 ~
.
...,
.~
..
01
~ rG C;' ~
....V1tim ...-iVJ
..... <<II-! I'""'l
:::I.t:l~.o ;::l..r:l
s::: +J 0''''' C Jj
01.... '"
~ ffi ~.u -g ~
" ',"_..:1_'",-"- 'l!l-~""
'"
~
o
"
'"
. . .
~g
<l
~
"
...
&
.l! ~
'"
".
. III J.4'tP: U tf.lln
lV 0 co cu,)....,
r-I G.1tr.1...::!.d
"'.~ c.l!: '" ...,
8 p.::: 1..1
11I ..Ill 0 "d
oo"'~ ",...,ga
<1>'" a.. ,~
m N-..-l .. ~ l-l
>.0.0) Ot')
1-1.... II) +J .Q.!lo: Q
aOm: ~ ..mCH
o If..! a UiI: ~ fl:I 41
.... to 'MtI), ...-l....
..., l-l xfi.)": 'w.o ~
~~(/).~~,: 0 ~
~H...'.-t +>"0 lit o:l fIl
" ," '" , ' . ..,
1lI.j..J j;i'" 11I
.~~ Q)~.c;:H
~~o.. ~o>.u
..-t ~ ...0..:: ~ ~ 111
Q.l Ul ... .s:
rn Ul.j.J Vl.~ .j..J
.. 10 t1>,uCll
+J cO 0 ~ x 0 <V .
i:: -""'-..-1-'" 4,)...... I-l"lj
ill ...t. 14114 0. ~ "....
rlll-l~+JI!-IOJ .j.J III
....HO.O. a.~
tJ "C a ~')"'''l (/) C1)~
..-
...,~"'
.. C)
" ...
~
"
"
!
"'0
li
.. '"
"'
:J...,I
H
.,.,
rl
U
. . .
~
~
"
'"
,.
'C . 'C
0'" a
'" 0 '"
...,'"
"...,,,,
a~l:l
~".
"0."
~1f.;I...,
l-lUl~
~ Q)~
"'~""
"....
~'"
'" ..,
"'C'C
o " "
~ llj."
k 'C '"
o c:l..-j
..,."
rtI~ cu
.... "'.
oo!ii!
'" . "'~
..c:Ql-ltl..
E-tHt'Iltll
-
o
"'
...,
~
"
"
o
'"
u
'"
~I
"
~I
00
.~
"
::.
..
11
,Ql~
.'l",1
. .
o
'"
00
"
".
"'"
0"
""'a
..
'"
" "
" 0
~~
<i
",'" .
"a"
.,-itdGJ
'" ....
~oo~
"""
...,....
",~g
" 00 '0
o '"
..., u
. '"
><"0 k
~~ ~
~'.-l.1II
... ""' 01
"'
C)
u
~
...
S
,I.'
i
"'
..,1
j
.
c .u g -g
-.-I lIJ ro
'C ~..... X 'tt
'" :5.....Q 0
.j..J .j.Jl-l OJ+>J...I.c:
tr:I ~n.J C.J.l<<so.u-
.~.u .~-g>.:j~P4)~~
rd m lIS Co) I-l 1IS'tS Jl:: .Q
~~ 0 ~ O'l ~ ~ ~ ; .a~ ~
(- M ~.QlII W+l'''''
~ II .!<'H..-I ~+J'O .-I
.--IV! {)~.....\11 O~....... d1111SlMl-4o'"
.-j illl""i ~ ~~ 4J P.'.... p"
::s.c.d~ :J.c:.c)...+J dIlJt~'+-l~
Q ~ {) r:: ~ Uj~ M ~.u e GI III
~~~1l'n~ 'Sgu~ll-:;:"
:0 H ,,"' -. -10,-..:1-", .......u..u...r:_"'-DJ.1!:_
'0 ~Pi 1l.l,J.J~O'rl
C Q)'n 0 I-l l-4
Rl ..-1 Q.l 0 l-I p..1-l .lJ
..., .... '" k 0 ~ " ~
m U ..u ~lI-l H W ~
. . .
o
"
,.
00
"
,.
"''''
~ 8 .
.. '"
.0....
k ,^..,
0."....
.00 ~
. 00
.... 0
.",
00
~.~'"
oo.~
>."
rl",
'" ~-1l
o . "
d "d
0'" d
.,-1 J.J 0
..., .~
. 01""
u 0:: '"
-.-I'o-lll
lH e..-I
~"""'
.aJ 0,"'"
@'t::t:
'Co'"
H "'''
::
...,
~
"
...
o
H
~
..:I
,..
Po
~
. . .
.
m
.
,.
m
.
,.
"'''' '"
~5;l
.... k
." 0
~'5r;:
~~~
'"'
k. ,
~'~i~ .
'" k
~ ~ ~~
jlf) ::1
rl".-lu i:l
1::0050
Ol'.-I~I-i
~t:z'O
'"
..~
'" "",
:::J . Q).rl
~U~
Pi=l~~
o
C)
...,
~
"
o
H
~I
u
'"
~.
,
...,
g
,~
....
u
16C3
;;r;
:g
l3
~
~
ii
I
-0(
9
U
."
.J:l
~
P<
~
"ii
'"
~
l
.
.
16C3
~] >. "
'" >.m
'" " "
f;l",'8 " .,. N m'li .,. "
" 0 " "'"
.~ ~ 0'" " "" m "
""" ~n1i " ~..c::.., ~ "0 _
" ,,.U " 00'" .0 ".~'8
m"" m Q.j..J,t::Ul 1! tM"'r-i:l m " ~O.t::
... .~ ~ " "" U H .w"'rl '" :::::1 3~
~~~ -8.~~ ~ @ ". - .~ H~i
0 m"o '" >< .~ m m "'~
. ,,""
tl "'''''' " '" m" m " -8 "'''' C1~ ,..;
Om" ~~~ Ol-liV'uH C " om ~::1 0"" c 0 roo Q) ~
'" ..." i:' .~ ~ CtJ.Q ,..; C ~';;l r:l '" i:'~ ,..; ....
GJ.udl.... .. ... "'Iii
! r-I VI t.l to m J-l 'd ~ " .... .... 'v1 0 U 118, .., " V r-1'" tJ".u
,..; " ~ " O1roOm .... "" 0....'0 t ,....jLJ-IJ tJ rl d1ei-l'tl
c.<:l.<:l J> mc('l H LJ.tJ,U C '" " .,. 8''''' "do :::I tIl -I ,s::l a,.[:l.QlUOQ
~ .u u ltJ.... X Q.l nj:. l< o In ~ 0 C t;,..... I-l -'0 >.-t I' ".g] "" .&J 0 -IJ'+-l m
en 2;1""'l.... ~ ........... "C1~" C ~.., .,. C " " 01 ~rH~>'.
.&.J it H"'r-iUl 1-1 I-r+JC on V ~O'l 0.....&.I1I10j "", .a e c
o G.l LJ-U u.w.u 01\"'.1 V? 0 4l ...... :::I.... <<l o.u
"--. !i;-\I1-&...a.{f ~ "'_CIl..z..c_ti~,m . 00 :l1 " z,..,J;;""-e~
- ".g>"..l< -z.--o-w-~ .t.::!
H.... 1o.loi o dl l-l m ."~ 0 " "
.....~ .~ ~8g." 1-l.&J Q ~.u
mo"" " 0'0 .~ " . g "C",,.j u .~~~
.Ii"" .s tt iii CO"fI . "'''
"''' m . " S.Q.Q 0 " m "
. . . . . . . . . . . . . . . .
~~ m
0 0 "
z " ,.,
....
'" ~
"
" 0
... ,~
Go "
:a
" m m g m
"'" " "
,., ,., U ,.,
"". "" c
"'''''' 00....
.j.J ~.rl "'C
..,,, " "
m 0 81:
,,~~ "
>>
0 .., " 0
"'"" . o ~
C " "
. ... ..
oJ> '" .",
g '" " m 0
~ '0 '" "
... " ....,
" m " c. "
'" t:: tn-,; ... ~ m, ,..;
... "'" 0 s,~... C
" c',. '" m
u ....0 ,,. 0 "
. .., ~" " m>> "
Z ~> ~~ ,..;
::l ". "
m ,,+ '"
,,. m '
lil " " "
" 0'" "C
.c: . ~ CI) :J:l:!Q)r-t "
'" .a.J ll.I,!:I1D 0
0" '" " ,d.u.rl '"
" " " 0 '"
>>m~ " 0" m
@jh 0 ..-4 Q)u:I "
'" aJ'O.u"'rl ."
~ "'.. g.c g
e-.n:lZ~ "''' "
-
c
3";;- .... ;;- -
- 0
8~~ " .... 8
j -
~ "
~ ~
" "
... ... '"
!
"
i ~I m
'.... .~
., 51
3 ~ " "
m .... " ....
".... ::l 0 ::l
.. m ~ ..
~ " "
'" ., '"
;;l;
:g
....
o
~
~
I
s
u
:
I
C'f
....
-8
-
l
'"
8 ~
.
8'~
." "
'"
... ""
o 0"
at ~'C
tJ ""
" ....
k r-t.~ Q.I VI
o :J........
t "m ~
.. c"
,,0
0'" rn
--~":.8
"'"
6,,<
00
E-< "
Do lLl./J 0)
Q,l- lV'rl 0
lQ GJ lJJri ~ CD
: ,,;~ ~.~ ~ ~ j
c "" ""'" & In
.j..j lot 11)..c: 01 OJ A' Q,I./J :
1tI o~ 0..... Q) 4J .,-1 ~
tJll.I-I.... .d r-l 0 II lot E:
n:l ..-l>..aJs:lX 0 0....$.1
Ol:.-.lo ~Q.lQJrl ~O
t3~~~tjP"1~~VJ ;010
dlr-I &.j.J r-I a?"' {).r:: J:l H
..c:,q~>.tQ'tlc::J 1J::'.;~h~ CD
.&oJ 0 ... 1-1. ~ ~ III Q.I .&J H ~ N
g:;'fB g: ~.:~ ~ ~ :&~
.., "'.;J.~~, ~-"l_"'_~ "
PO .LJ ~d!
m.o [Q m QI
,j.J '" ..... c!of .c:
tt1.... rl lIS 0 ,&J
.
. .
~~
'"'
'" "
" c
" 0
.... "
&~
" c
.. 0
u
u QJt .... (IJ
"".e::> <1>,,,
;j".iJ::; .d
~ ""
lI.l QlO Q)
" .e '0
HE+' .~
<1> '"
" "'''
" "'0
d Cli_ ~ Q) .
o r-i u +oJ >.
..... mil] lDr-I
.a.I G15,:>t't1p..
~~..... ~ c ~
$.I C~.-l 0
~rlrd~S::;:"
II) 00 H m '
~ l./-I 0 E! 1:
o ,tI-I rtl
u:l >. 0') 0
tTl~ ... H H."
QJ 0 Cl) Q)~
~-r-1.jJ',",'..-l'rl
"''''''<''< "
~'rll-l.......... b1
ti..-t Or-l .-t.ri
ro.old 1d{D
~"~~c
J:t: O'...-l t1' b'-n
" "
~ e.r---
Q {:"
~
"
E-<
!
..
a '"
H.~
...."<
.. ,"
....
" '"
~3
.. ~I
.
.
. . .
o
"
"
"
>0
.
.e
"
H
$
"
:~
'"'
c
o .
," .
tH~,
.....
""
~1i
"
'OH
o ~
.e"
" "
. .
:>:S
o
::!
"
.
~
Z
"
'S
."
"'I
6
..,
"
o
"
"
.
"'
"
.<lH
wO
"<
"
"m
.~ ~
"....
~~
....
,"'0
rl \II 0 lot
.... . " .
~.<l.c] II:
c j!, U "E-<
... "~... 1
o (J tIl dl
.z.._~ ""Ft~
""....
H
.....
"
.
>0
'"
.
>0
.e"
U.
~tn
'" H
'"
,,"
....
~"
~o
"
",,"
0'"
...,
.0.
0."
>0
" ,
.
."
.e "
.....8'.
"",
~ " "
~~5
i;j ~
. '" 5
'" '" U
!::
"
~
.
E-<
.
~
"
~
....
"
~
.-"'.'0 "<'0
o-lrlOC::c OQ
~-5 0 llJ III
~IV~~" 'g~
C Om (() 0
o U
OJ CD....:! 0 fJl
e '"' ~ 0.
~1H<<jM... 6'"
o c ~ ~ (),~
'il >... -
~Q.lo.o.J; <i>!Y~
::l .:: 1-.'..-1 ... Q
"" <i>.c 'it.... 0
C fd 0) e IQ
o>oc_ >.
rl v llJ .-1
~ .jJHO l1J~fr
~.c( '5 ~+HG
:a ~oi~ o~l1l
~ C "
r-l ~ &.~ ~ +l ~
7dg~.~~ .@M~
,.. t1'~ 'tl C U Q)-..r
Q)'r-! H c_~ ~,,'O
PO.-/OO.--l (1) ctI l\)
OitltlU- ~~m
"""
'"' 0
:s J::-I"'l
~ j!, "
t; c ~
z"~,,
. . .
~
"
.
>0
a
...
"
j
6
.~
...
~
....
..,
"
.
16C3
~
w
.~
,~
"
"
~
'"
...,
,,<we
-r-! C ....,
....~"
M-I"'l t.l
;j'tl .t:l-o-l
~ 41 U H
~: ~ ~
. '''-0..340-
'"'
...,
o
"
.
. .
o
"
....
.
~
o
.~
...
."
'"
B
...
'"
'"
~
~
I
<<:
9
t;
:
....
.0
:E
~
~
t
'<l
""
-
~
~
a
....
"
"
1
~
"
"
...,
"'0
"'I
'ij
"
"
~
"
""
~ .
~~
t~
rl'
~h
.
tl
~
H
,
-
:,
H
Q
,
'"
~ ~~: ~
o .-100 t.l
Ii = ~ .c:'n
k t: .w Jot
fII .. 01 Cl.l
-g" ~ g t;
z ~-"'-j2;il-----
co ,
.
~
o 0
.
. .
Ii! 0
"l'"
rl
~ ~
~ 0
." .~
&:;1
.'0
PI"
o
u
.
~ ~
~. eo
E-tl=ll+-! f,.'
GJgJ.,-i G)
~..:J ~
,-j:r:rl ~
IV u"'" ItI
~~g ~
~ 6g Ln ~ ~ 3
rl 0 I-If:! VI .-l tIl \1
rl I"'" tJ.-l:r: 0
"'dO",,,,.~,, "'.~
~ j:I - .a.J H t1.....u l-l
lIS':" tJ1 ill 0 0'1 GJ
" '" ~ J: Ei.u tl e
0" Ql ~ 0 I; OJ ::::I
z.-re ~'6'GJ'-~~- ..z-~-~ ~
trJ~ 8'
, ,
...
~ 0 QI II
.
. . .
,g
,g
rl
~
C
o
,~
"
:a
g
u
rl
~
C
o
.~
"
~
11
o
(J
lG lH >,li-I II] 1l)"O h Ql
HI-lH'O.QQl ()
~ ~~:gQ) @
lJ..I ....~ lIJ ~ H
0.0 1-1 >'H E-l Cl.l
co' .j.J I If.l
;::I ~ Q) 0 GJ lJ.i
iV~O~U.C:.j.Jt':a
::::I if Q Q C 1; >'00
~ 0 Vl~ ~~ U)l"-l~
g >0'0 lVH~~:: Ul
..... r-t ~ 'H ~ f:t; 1-1 .u
.u Q) III 1-1 01-1..-1
~ >.~.~~~ ~~~~ ~ ~
lot s..'tJI C.u l1S +J C U CI)
t) v 0 C Q).1"'l C D'l..-t ~ H H
11'.1 > 1-10 Ql R ~. Q)
GJ 01-1.....;>,>= ... i p,u
Q ~::1.j.J j..J"1"'l ..~ Ql 01
Hbl~Q)I-I>'I1l.-t 0
~ ~ 8 ~ ~ 1-1 ~~ Q) ~
.w QI oOtt)o>c
C,,~~~O ~~
IV Q)H r-f ~ Q) rd" .u 4.l
0-"0. ~"'..l<: t<rtl3
1-1..; e :J: 'rl c.. rl .u
d1Pili3o Oo.OUlQlQJ
~ CI} Ill...... tl1 C (f).a.J' O::;.Q
:1--
. e-~
QO;"
><
~
'"
i
~i:'
I ~
'H ~
.."'[
11'"
. Ii
" ~
~
Po
~'O
o ~
...ro
"
..,
gg
'rlrl
rlo(
" .
.~ !1i~
~~.!1
~':rl
",,-
~ ~ .~'
50 -g 1::
1-<0
rl"o.
~ro~
o~~
...... (1)lV
'" 5",
o "
~ -
I-<" ro
0.;-' ~
;;;
-
o
rl
~
v
~
"
Ji
~
f-<
v
'"
'"
.rl
Q[
'"
5
o
I-<
v
--Pooi
~
.~
"V
~ 0
rlC
V V
'" I-<
"
g
.~
H
''''-I
g'
.~
1::
o
0.
~
""
~ 0
~ ~.~
.~ 0
" " ~
~ "''''
2' ,~~
Q I'll 0 .
"''' '0
I-lO ru IV
o ('11 In i-!
-"v~
e VI 0""
v '" ~~ 5
N .u u..-
01 '"
" c H'B.~
,gjj~_m_",
'C.
iii~
~:l1
. . . . .
'"
.
><
'"
~
o
""
o
~;';.
1::"0 C
~ " 0
.::: o..-j
o .~
~ ro
" .~
""050
"" v
" " "
.a rl I-<
-g ~ ~
g.~~
".-I lfJ '0
ro "
ro.O
~".
m ro
I-l...., (lj
"0""
~ 0 0
rol-<
ro"
"~o.
~
o
!:!
"
~
~
"
i,
"
o
~
on
o
~
Po
m
.
'"
'"
v
'"
~
'"
"
'"
.Q
"
v
C
'"
'"
ro
'"
~
~
~
"'.
0"
:';5
o.~
I-<rl
0.0
-
o
'"
"
~
.
f-<
~
'~
"',
...
o
V
n
o
"
"
"
o
.
1;:'0'
. "
~'"
"
" 0
.'"
o ~ .
0'1 ",-irtl:'C
~~.
....., b1;::l ~
~rl ~
.c ~ ~
.u ~... IV
8' ~"
IIJ .c: HIl-l
..:I-tJ--llj.,-I
'0
~~
~~
. .
.
'" g
, (l) flS .,-1
II ~ ~ 'C ~
~:i: <<I IV l-l
0. ~ > +J JJ <<I III
>t +J O~'M
tiS q ~g
o .. ~ 0 :3 ~~
Il--l '" ...... lH s: 0 Q) 1::-
.....~~>.~~~m~
f"""l" l'l$rl.c Stlf"""l
.-l 'O.&oJ,.l:i.-l I'd.-l al
~. 0 ~ '" !j>>
!::~:S~~"~IJ)LtJO\!
"p rl" 01'0 " ~
00 ro 0 0 d.l .rl
_.Z,Jl -->..t.)~'_~nr:"~'~'
.. 0 dl.......1IJ
..... goll ~
~ '" m'O
.
l'
.
. .
.
,g
rl
~
~
o
....
"
.~
"
g
u
o ..O-J-J
;l III ~....
.j..J.j..J+J b1
~ .~
tt'C tt'1:..:J
~:;Iii ~
l.I-t .~.j..l
o (U" ~
.. H ~ II
en dJ 0 ~
~.~Z~~
.j..l~ 114J
~~Q~-g
-g ~ .. o;a ld
~ ::J, ~
. :5""
"g~~.25
-:;;.~ >< ~ ",.
"d t~ )I m
DJO+-J +J..aJ
rl","~'~ "
IJ).-I....... tT> 0\ I::
.Q o:E.,-i .,-t.....
E-tu;:E:'1:..:J '1:..:JJ::
"
rl
~
ro
~
,~
t!::
v
"
m
'"
-g
...
o
V
rl
....
o
'u
v'
...
2:,
~'
16C 3
....
'"
:g
~
:i1
I
<(
s
u
:
]
~
;;{
~
-
~
~
o
n
Wd
"
~~
':1 .~ ~
.8 Olll-l
U ~ I'd CfI
" .... VI 'll ~
e.... G.lr-l
~ a fl '3 ~
Al
.u ga..:l'O
o ~ :>"
~-H oo~
"
~
"
.
. . .
n
",..
'"
"
"
i
· m
.."
..
Q) '0 Q) lH
..c::1-l~O
" ~ '"
'0
"
'" <1>
"" "
OCllc;)ttl
'" H"
~ I'"
",,,
tI ~'r-i
0" "
.......-1 +JCll
,," ~'"
p.,+-' ::S..j.J
.... rd .
" S <1>
tI "
. >- >-
. rl"",
Cl C) A:I 0
.-1;\1-1
~" -g.
rn.3 If)ij ~
I-lQ,....1..-I
O~UI-l
~ c.rl ~ 0
.c Q) (\} p.......
~l-I~lI)lI.o
"" ~
"$0
" !C!
" "
"
<1>
<<
.
!
j
"t"t-
AlO
....
" 1
" ~
tl "
"
~
.
!;:" 12<-
'" eo n
~,:;; "
"u ~
mO ...
.~)..t vi
~ 0 0
01"
~
m
'><"
.-l VI [)::I
.... "....
~~-B~
.u g' 'd
..~~.~J"J
'0
~
"
m
r-
'" "'
..-lQ N
'O~VI
"
" " .<:
"rl 0 J-J
6. - 8'
~~ ~..
.;
g
. . .
.
.
.
"
..
o
"
.
"
..
....
'"
l5
....
"
...
'0
l5
u
't:l
<1>
'" 1::
" 0
" 0.
" "
o "
go",
" '...
"'0
.... rl
_VI
U
'... .<:
" "
. 01
8 "
~ .~
. .
o
"
~
(1) ..1-1...... Qj H 0\ fI} 0 d)
.-IQO~ OCCllt-i.J::
Q.Ct.I P 0 -.-t,-l 1.JJ
~ ~ ci' 0 +J ~ g: ~-5 ~
lI) OJ Q Q) -.-I fa.a.J 0
:>l ;l"'<:"~
.. l-l 4l'~ UJ i:Q1'"
\I-IB..o C.j.J ~j;;
o H me.:.. tJ'I~ UI Q III
E ..r! 0 $,.j~ ...t Vl
II (I) 0 0 a"a..-t Q.l'"O
~ .. .. .2i In ...... p..O C1I 11)
>:~ 11l III III (Q O'l .-t'ri l-I :>
~ ~ ~ ~ ~ l-I.~ e r5i .8 .i'~
l""'I'rl El.u Q) ~Q)~ .u. Q)
Q).Q.....i'd~;::O''dt11Q) >. l-I
..cl n. ~ Q> -O;'rl 0 -'=..cl >.'tl l::
~'"d::j r-1,.qo.j..J~.oOrl
O"'C"'C tl).u III ..,
..c: .-I~; 'O~(1l~.
lI)....,>,.~Q."dJ..,(lJ..lltl ~ol-lttS>.
.~~~4-l~r-lOo~~'.-lIt-lB g
~ .j..J co ~Q)>On:l,j..l
.,..j n:I..-l Q) l-l .......c 0 I-l lV m
+J 'l-Ictl'O:;I<llo..n:l.j.J~:tj:ll!.l...-lH
l:: Q) 0 e r-4 tl"r-l ~.j..J fV ......M A. a. 0
ll) ...Ql-iQ.l...;OO~O> rdt:;~.o
~:j~g~:s8~8E.=~~tI}~
-
C
"
~
...
'"
'"
"
"
.
...
~
ul
'"
o
H
",I
u
'"
~
"'I
8'
'...
8:
....
'"
<Il
" ~
"''''
"'''
'"
0",
u'"
~
o
,::
j
Z
"
.~
"
~
"
~
,0:
"
.
.~ I-l
~o
tn'"
"' ~ "
N .:( ~ ~
.-tV! t)::::I~
rl ~r-l I
a :S '8 ~ 6
01 ....
g ~ ~'B ~
" ,.,"'~ ~
"'"
"'.
""
m..
. . .
~
.
><
~
~
..
"""
'<:0"
-L.l~~.
o .
tl.l "tl CJ) 0.
~ ","
a"" ~
IJ)ltloo
Ll.s::.cZ
a. +-I .J,J ~
~
o~ e"
"0 "
~""
~ 0"
'tl"'~.rl "
~ "
" ~ ~
~ "....
"",~
"0 ~ Po.......
o ~ ~
'" ""
'" "'..
~~"'''
~C,l.c::
~"
1!~",,,
E-oVl,.c:O
'"
'"
"
~
"'
"
~
....
'"
~
~
0.
~
"
'"
.
16C3
I;:
~
~
"'
'"
~
~
'"
.
.~ ~
~o
01'"
'"
o m
...."'"
.-t VI u;) V
.... ",.1!,;;! ~
iJ 1;\ U ~ '"I
~ 3 ~],i...
~';;!
;;:~
uu....
. . .
"
o
><
~
.
..
:;l;
~
~
J
s
wl-!'OOllflQlQ.l
-rl or-t C ll.lr-l,..q
" "~.~"
>. -rl >,
.... t')~ rl i-l
Itl ~ ~ ~ 0
~ '" ~ . '"
';till> ~'"
'" "'rl " 0 ""
OlU..QO.... p:j
1&-+.... r:'l,lJ)
Q) ~ tj-rl..c: ~
a. c':: +J <1l
>. .... ::;l H..jJ
+J ~ +J Ei 0 c ,
m ., ~~.tn
!;i _.-I .,.,
Q.l 0 'd..._ tll
..c -.1' ... v >.
.j..JJJ- ~ I1l .....,
~.B ~t:'8 ~
CI).rl 0 'rl,.c: m
(1l'D ro III IS +J
.j..J \..j Ul rIl.Q ID rl
<<l +J'd"O::iatO
tl . X-,...f ~ ~ -..-I
.-tQ>Q)t>o .w
1:1 . I 00 W"Oo,.,
1=:.,., l!.ll-l Qll-Ic::'1=:
H-'" o.,/-lltl ctj."...
"
u
:
-
:s
:E
"
III
<1;"
~
~
-
~
ill
o
rl
"
"
~
...
"
~
"I
~
"
>-
rl
~
~
"
..,
>-
....
..
.>4 ~
o
" '"
lj'rl
~ ....
8 ....
~ E:
..
,
!n
Ol'"
....
'tl ..
.. c
.~ ~
... 'n
~~
.G1 ]
.'" 0
"
'd
" ,
+'0
~ "
8. '
. l<
H 0
"
o.
z"
~
,
"
..
~
~Q
H
. I
...
~ t, ~ ~ d'g
tzJ . E H;::-
rr'l >< n:l.. 1.-1
~ ~ ~ :I.~ ~ ~
uC=-J..l.-t...-l
..-1 GJ ro roO
rt....;O:ii I
a.tj .. l~
B.... 'tl ", I
~OQ...-{
~ '5.~ ft
.... III rl 0
C'lEUE-'
'" u
" .
8'~
. ..
,..:I>
.
. . .
1lJ..-t'1I)11)
.c:: n:!<J>...-I'::::
+-'::1...... +J
,,~{l...
ot-+Jrlll-l
t::..-ll.4;::s.....
'dO~
.,J: P.lQ)..
.....-;Q.ll-i..
o ~ ~
J:ll-l C Q):::
o Q.I ~ ..a
.....t:: III +J ~
4J+JtI)n:l Q.l
~\l) W +J
",.ell) '+-l~
u ): 0 +J.,-t r::l
~ 0....
Gl~.co
~ 0 U II'lt
.m
~>,~~di~
o ~ ........-10
'''0 '.oc
-I-l+JCIl 'ltI
Cdltl~ .J.I,j,J
o ~ >- H ~ rt
,,,o.....o~
'l:!,Qro,<l-JQ.,D)
Cn:lCC(l)Q.I
Hr-l<lS\':iIHI-l
..-
..~'"
. -
Cl ..,
~
..
8
!
"..,
....
.., ~
A .
. ..
~ "',
.....,
OJ ~
.. ..
..,..,
. H
Cl 0
0.
.
'"
.
.
"'~
~~
.
'"
.
.
~
.
g-
.
. 'tl
. '" ..
~ ~
.... 'tl ..
~~ ~
..., ~
~ ~ '"
-., 1-1 QJI '0
oW 0 ~ ~
"';U ~ ~ Rf CIl ItS
J.) >-.. 8 ~'O....
'" .... '" o. 'tl
'0 ..w..c: ...... Cl) J.J Q)
U n:I H [) N
. g tI P4CV >.
~ .... ........
1-1 ~H)rl n:I
o ~OO~
"t:;A", I
A f.D lV 4l
...... ClJ.!-J,u
" 0'" '"
:e 'tH:1Q
....
....
g '"
'rl
..., ....
o ..
Z>
. . .
.
o
Z
01
.
'"
" . S II ..., El H -
.-tt:E ....q~o~
~ 0 ,. C 0'1 ~ 0
"''''o'n''' "rl
.jJ:.d '0 ~ +J
00 [) n:I n:l
tlJ "j...j S-I
l-I .d;j.. 1tI
'4ol+.l~.g 0,.. .0.
O~~O~~II)~ .
....... J:l 11..8 ~ o.~
. 0... ~.
11 o.~..... C '"
..-1 ....... ty,><-rl...-l 0
... H;O:", '" "'11 C 01
o)jl 'Cl >t..; ......
'tl !!!.
'0 0 n?O-l-l.t::..-t
Q ). -J..l ):'..-I-J..l ~
n:I .j..I ro .u tn....
.. "C .,.,):
g (/} II II '0 III
Ill.... n:l.u ..a
.w .j..I ::l!l..-!.c II) +J
111 n:I ~ Do.Q 0 Ql
"'C k.j..J .., ~ In U
.. B .. 'd -... >- H
A 1-1 H ,...( ll>
dieD iPOCI:I 'ISm
,Cl-IO.:::::J:CD ~C
E-t~rz..~.u~IIR:lTl
~
'rl
f;
"
.w
.
'"
.
. .
~'tl
. .
> ...
...
.n
..., 0 ~
,'"
"
J,J ~..
::: ~ ~~
S ~ ~g
..., .... H
o .. 0
z :> UCi
o
,
~
. . .
~
~
.
..
al>t ..1-1 ..
,-i:)..,..cl ::J )..l
>t~ j:j,'l g
~'O '"
({J 0 i:: ~
o ...,
......+J'>!..... .
1t-i::E:'rl~ 0'1/Xl
Q'::E: 01;....... 11l
;:l'>l"C~
~. 0 c
~ III 0 0)):.....
or-i ~):.fJ..j...l (2
+'4->Vttl J.J
~ II '0 Il.~
'" ~ '" "'''''n
CO::i:'~ J: "0
ro~ .;;'
IJJ...... ... a
,.. v,.. :J
w . ~ (lj.,J
+' lr);:: g (1) II
~'''')-tJ ~
;~ II:::: ~
QI Id.. C'I'd
'" "'" o"~ C
E-lltlAQ'OtU
~
".
f;
.
...
.
Q
.
16C 3
'"
.
~
....
· H
~I .e.
" 'tl
... C
.. " .
e~'C_
to) Ql '0 .-t
...-l GJJ,J<t.l.-t
rtl ~ ul-l ~
.~ p.~:g, i:
S-I-J.-tCU +..1
o 0 Ii: 0
~~1- Z
~ " ..
.... ...
O. .
"'0'"
"'.
C.
.0
H 'n
o ~ H
....,
.0"
f-.'rl e
o~
"...~
, ~ 1:
~ .
tO~)("')
. ,
'O-I-J8V1
2~~.c
~~~ to
~~~ ~
. .
OJ":
H'
oz
, ,
.
. .
.
.
.
'"
.
.
'"
....
'"
'"
~
~
I
g
'" '" H
" .0
>'"
....
0>-
...~....
""0>"
::Io~ 0
~'O
. ...
~~~
00
'"
. "" .
",.'"
......
o
..., .
" .
'4-lltlO~
..; ....;,..,
,,'" ~
O U ~
. .
'" H H
.. Q> 'd lH
.... ~
ltS.(J(l);j
o l-l M 0
'n 0 ,..
." "'8 ~
=c>>ItItJ'1
H"-iIll'l'G
u
:
:B
~
~
c(
~
W
Po.
-
~
...,
~
"
"
]
0
"" '" ~
" . .
" . " " "'
.' >- '"
fr ,.; ~I
.
~ ~I 01
"', ....
. . .
" ..., t:
2l 2l "
. . 16C 3
, h ~~ "
'" v 0 '" . 0 ~
'8~~~ 'D'O ~ .,. .2 ~' . "
~ ~ ,,. .G v" (/)
o ~ ~ ~ " "" . ~ :E t:l ~
.G" " .cl V e' ~ I rQ QJ ~ mO .
" ,,'" " "V :a e " 'SHm .c:'~~
~~u B!~fl 0" m m " In:! II
~ () n:I '0 l.l ~ '" v "".cl.cl 0"'''
.l< " .... t:: ~ ~ .d l-I~lV ,,0 v tJx.c:
0 m o'C~ m.cl HiJ'O .... H 0 OkO e ~'.i!,H:
.. .u U Q ~....., tJ 0 tl ...."og ~ 0 0 m.... -l-J '0
.cl u \.4 d.l ru U H n:I .... Itl rtfUlI.I4 tJ v" v "'''!J p...,," =
" ~OH #. QOlO11l3 "' +J'n kOl "'" o I" 'S"~~
M 'I"ill-l '8 .rt~ tl .. .... ~"'O ~So:lG.lor .,{ '8 ~ '" .tl ~ Il'l ><e
" ~V: ~A~.t: q ~AMO~'~A H ~ v ~.d 4J
.... '" I..c:: 1m J.i ~.dl~ ~ ~ .u 'Cl'M
0 .... ."H"'''~''''H''''''''H 11 8~'5~~ mL.l'tl H v"d I.t$.l.c
" g fl '" ",I ~ ~ '" ""I K'~ 8 m ",I .cl ~o " " v ~ V :t;!:IOJJQ
" " diUJ,..I)C;J " K ~ 0>: .., ~O~"
.. Ol~t>. ,clU't1lUlU U 01 lG"'ri <d .... :t ~ ~ . B'tl ~ ~
" l'::l U~k~ u.ul-l.ul-i L.l " ~ " .", "al ""'I""'og; ""'" 5l
~ Q) m lIS.a.I m m.u 8 ..11:I ~ V o Cl) l.u Pt o -lJlPtQ o t.I 0 III &l~.'j~'8
-H",''''~ m 01 "'I~' ,V,,"'Ol ' H ""''''m''o "'8~":EC ".~flH
~ VI f Poi tJ..-i,8 I 00 NQ ". .
..,.., 8. fl '" 8.", 'd " ~ 0 v It"'..,
V'tl V '" v", OJ if" if t~'gllJrg m 011 8" LlJJ
"~.cl.cl "~~~v" ::!~v~~ ~~v
Q. +J.)' 11l III E Ai E::E: It! I-i <d ~,,~ :a.~~ ~.. :.:
. . .
.
. . .
.
.
.
~~
~
II
"
i
. .
III .
><
..
v
><
:i\
lS
~
~
il
" J
g
u
:
."
,e
~
~
<?i
't)
~
'"'
M,
~
H l-I H'1:J 't'l . "lj.-l 'C
o m 0 ~ 0 ~ 0 0 ID
1W....l4-l IIj.c O.c J,.qJ
-.-1 .u.rl ~.u rtf
" ",,, '" C.,{
H.... a n:I a 0 u
~ 0] ~'C .,-i (.) 0
..-1 0> 0 U II)
~ .c.ckOD1 en
.....lI-I.tJ+J 0 1Il~ III
~O(l)<I''''''C~
1;161 g'1S ctl~oo
o'tl CI) L.l P..Q +..J +J
....."n 11) ::J 00 m
to .-t QlOt)O~_
..... >'~'d 5 ~~HI.oQ
J.iHam .croOO
u01l)1-l 't.Iu,..,U
,,~ "' ",O.f-l H
· ~ 0.:>' ro m ~
"0" "'.<1 "''Co
A 0'"' 11)" IC..:l
<tl a. 1\1~ 0.<<1_
""".d II) H. ~ .
U ..... '0 c... II) co
11l+J>CIlHlI.. ff,lr1)(lI
;::l <<I.r-! >'+J~ ~r-lr-l
.,." "...... ~ v ~ mil<
.,..j ... <<IlV <<I..: lit a
t:l ~ ~ 1-1...... 8...... lIS
::JItISl1l,u.Q J:!lIllI)
)...j 1--1'0 >.'t:l 0.10 ..Q.l
I.() ttI ~ k ~ .j.J H aj ~
r+-4 ~ 1tI S Ilj 5 ..c:l~ -a ui
k E'd 1tI ...-l U i'IH'l,!:
'.-101-1 '-o1.4JO
...~..,o 'Po~'~~'"
t~ "" ~ ~ Ol .... ~ "
I'""'! Q) llJ~"O I~'.-I ro
....ll-l ar-t...-l 'd;j l-I t'l
1::0 Po OU~'"
4) 4)~(I] :fi f"ld.l
vo,~~ (l) .&-l
..... ~ 0 ~ rtl
....; X >."0.....
>.{l..1;'g..~v~~~g
H"ij . 0 $.1.!<.a::: 0 CIl
oCl)'dI-l~-af-l-:;: aI
~ tU b\e Q) I-l ~<<I
H N 0 <V 0
.8.... >.~ '.<1-""
o r-I s:t !G.....
I'll ~ ~.. 0.-1 ~ tt)
r-l,.c: Id .e 'j U) B
U 'tl1O i'CI ns
Q)~ ~ Q.l U ~'r-l ~ 0
::;l 1O".-4+.1.,-t,,.. U (1)..-1.....
0".0 H III r-l i-l O~ l--lr-l
..-l +J ~ a,-IJ II) Q.J-1 0..
~ ~~~~~.,{~~
Old l=f4J"CElIlj.....e'd
as.;::;
"~....
. ~
" "
~
..
M
....
-
.j.)
K
.
..
J
"
~A
UH
H,s:;1
.. 0
"
3~
~ cl
.
.i:
o
H
..,'
o
-."
~
:'
o
'"
.,
v
'"
~
~
o
.
tl
..
'" m
~ ~ 'v1 ~
k ::l ,..c:; ~
~ ~t.~
.p ~ Do
,g 38J
. . .
~~
."
.
~
..
g.
'.
'" '"
V
..
O']l=lQl~
rei 0 r-l..;
~ ~",.
..'"
V
...
.,"''' 0
..--lei) . III
ft ~ ~ ~~
tt1..o 00
If) (!)+J 0
" S m
() 'I't ~ ell
... ",... 0....
"" cl.l..-1 A.&J
Do"'~Vm.8'"
Tt.j..J<l.l"cn
~ "'...
U 0 cP.c
at "-l.... .&J,t:ltJ
.!: ... "'m..,,,
.p V
""'0
Ul"OCll /lj.u
V., "
.&Jt:>d1..j.J1D
!Ol.p.ol o,V
U 111 tl'M',...j
..-!t/llll 0;.....
'COlIdUo.
.:i~~~g.
"$-
... ..,
.. -
" .p
~
V
..
h
It; ..
..,
.. "
1;1
-p04-rl
.....
m
:Je
" V
" oo
V
~
'"
~
o
..
~
"
.....
"
.....
0....
" "
lJ&,
HI"
" ~
00
...p
.p"
" ~
~ O.
~~~
V oo
~" ~
0I-.-j-r4
"
, .p
~8
,
..
V
..
,
,
~
.
....
m
"
o
.~
...
'...
11
o
u
.
'"
"
.. "
U .~
~ '" "
"
"
o
"
"
,~ "
o
"'''
of)
"'
N
V1
'"
'"'
~
,,.,
V1 'll
.G "
'"' ....
2'fJ.
S~
....
....
~..
"...
"
'""...
0"
Z.1.i
'"'
.
"
o
"
.. .
o
Z
~
....
"
~
o
rl
'"'
rl
'"
"
o
u
tU>'QlQ)
.j.J dlr-l ~
~i1 U
"oo
o ..
''; IV';;:
C1l+J.qoloJ
ltl ~~+Js:l
\...i ..c e ,.-I
o (/] ~ 0 0
cd 4-rU't;j
" "
'.-!.&.l'g
~al .a.J (I) eM
.rl ~ X a; 10 u
0.. Q.l.j.J:> l=:
~.s .j..J lG 1Il.,-t
~ ........
Q) Cl)dl+J
~ . H ~ 0
o"'~~"~~
<:.p 0".... .
? 0 l.I-l "0'0." III
<V 0 (Ii 1-""'.-1 'd
:jA,J.ll1J:>CIl.j..Jr-l
...."'''''0''''''
lIS o.c J.l J.l o.c..-l
> u u I't. PlU.&.l....
~
~
i
"
'0
"
'0
~.
I
"
...
'...
Do
"'I
~
..0
....~
" ~
m"
e ~
~ ~
~
.
Vl
'"
N
...
~
"
..
..
.p
~
"
.!j
o
u
I
..,
....
~
..
"
'"
.
16C 3
'll
U
..
"..
.w
." "
~~
"w
~ r~
.-lVl GJllI
...... E 'E
S fl ~ 8
w g> . ~
~ ~ ~.-l
"
.
"
."
.
. . .
o
"
.
.
,.
~
8
l;
~
~
fj
J
.a
'l-l'd"+/ .
odin c: ~ .
~~~8E
goo flPH)
b P, > m
l-l ill ,"'" ~
",- . g, t'I
1lI~-51) (j's::
~ Aj~ lD fS,
o U.Q'rl..; 0
1l-lQ! ........-l
. .
'\.I i:' J..q:~ '0 k
II) 0 0 tool ~
~.w .dl 'S
o-leCol~ltl:l
"ofil';r-t~
5 f;l "1f1'...
'" .. "
...M Win ~
'jl."
~~ij1::v~
E!Il &.c B
tc:tlClII)UIlf
J.l..-l.,-l!:l:: k
.&iHi..,' .&
~=~~B'"
.
u
,j:t
i
rf
~
l
M
...
w
"
.
"
"
...
.0'
o
w
01
'll
M
1::
&
:1
..
..,
Task 6: Reporting
.
.
16C 3
. .
Quarterly reports for data collected for projects CCWQ and IMKS shall be submitted within 60
days ofthe end of the reporting period (Le. data for the period Jan. - March shall be submitted by
May 31). The quarterly report shall also include project SGGE if it was sampled during the
quarterly period. Quarterly reports shall include the following:
1) Identify activities undertaken during the reporting period
2) State any problems encountered (including missed samples)
3) All analytical results and a statement to attest to the validity of the data
. .. 4) Include all quality assurance statistics and reports (i.e. the results of field blanks,
equipment blanks and precision as percent relative standard deviation).
5) Laboratory surmnary report (scanned in PDF format) which include:
- report of analyses for each analyte or parameter per sample;
- QC Report - % RPDIRSD, % MSDIMSDs/DUPs, % Recovery;
- ICVs, CCVs, LCS, ICB, CCBs, MBs;
- Ca\ibration report (graph/data) - showing r values
- run logs
- COCand field sheets
The report shall, at a minimum, include/discuss the following:
1. Proj ect Background (Introduction)
. Purpose of monitoring proj ect
. 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/model .
· Describe how water samples collected (i.e. Van Dom, Niskin, Alpha
bottles including type and capacity)
);> Laboratory Analysis
· Provide analytical method, instrument type/model used and method
detection limit (MDL) for each parameter (ifMDL changed during
year, list MOL value and date of change)
· Surmnarize QA/QC information for monitoring period
);> Problems Encountered
· In Table format, detail monitoring problems encountered during the
reporting period (i.e. equipment failure, scheduling problems, etc).
Page 230f24, Exhibil .. C" to Agreement No. ML070SS4
"
f. .
. . 16C3
. Include how these problems were resolved and what steps taken to
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 climatological and hydrologic events
(hurricanes, tropical storms, drought, etc.)on sampling during the
reporting period
V. .. COUNTYINcKIND SERVICES CONTRmlITION
The County shall contribute in-kind services which include field sampling services (equipment
and personnel), in house laboratory analysis, project management and quarterly data summary
reports.
VI. CONTINGENCIES
The County shall make every effort to complete all tasks as described. The County shall notify
the District Project Manager of any problems that may occur which would inhibit the collection
or analysis of water quality data required for this Agreement.
Expedient monitoring may be requested during or after unusual weather events that may affect
water related resources. While every effort will be made to accommodate such requests,
unscheduled monitoring will be conducted based on County staff availability and it is understood
that some requests may not be fulfilled.
Page 2401'24, Exhibit "C" to Agreement No. ML070S54
6)
.
.
16C 3
" ~ .
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Contractor Policy Code Acknowledgement
Name (Please Print)
ContractIWork OrderfPurchase Order (P.O.) #
Contractors, Vendors and Consultants (hereafter referred to collectively as "Contractor(s)') engaged to do
. blJsil'less w~h the~Qvtttf!orida Water Management District (the 'District~) using [>istrict .equlpt1lllnta~/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 IimitatiOl1 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, Infonnation Technology: Acceptable Use of Information Technology and
Telecommunications Policy; Electronic Mail Policy; and, Intellectual Property and Works-Made-For-Hlre
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 acknowiedge 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. 80th my employer and I understand that lobbying for additional work
while under contract with the District may eliminate me and/or my company from award of future sollcltatlOl1s.
I recognize and understand that District IT resources, including but not limited to computers, telephones,
radios, mobile phones and other 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 recogni:ze and understand that no remote access technology or device Is to be attached to District IT
resources or the infonnation technology systems Infrastructure to effect access without the express
authorizetion of the IT Department Director or Information Technology Senior AdvIsor or their duly authori:zed
delegates. Non-District equipment or other resources used by me to connect to District IT resources, systems
or services will be subject to the same laws, rules and regulations as District-owned IT resources.
Form 1148 (12/2005)
Original - Conlract File
Copy- Contractor
Page 1 of2
lr~ .
.
.
16C 3
EXIllBIT "D"
PAYMENT AND DELIVERABLE SCHEDULE
The Field Quality Manual, Laboratory Quality Manual and NELAP Certification identified in
Taskl shall be submitted within one (1) month of contract execution and no less than annually
thereafter.
The County shall invoice the District on a quarterly basis for Tasks 3 and 6. Tasks 4 and 5 for
project SGGEshall be inCluded With the quarterly invoice only if sampling events'occtiJ: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 60 days of the end of the
quarterly reporting period, (Le. data for the months of January, February and March shall be
submitted by May 31). 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". 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 under this agreement is $160,000.00 for
FY07, $166,400 for FY08, and $173,056 for FY09.
Payment and Deliverable Schedule in accordance with Exhibit' 'C' , Statement of Work
Task Deliverable Description FY07 FY08 FY09
Payment Amonnt Payment Amount Payment Amonnt
I General Quality Assurance/Quality $0 $0 $0
Control (QAlQC) Requirements
2 Dam Transfer $0 $0 $0
3 Surface Water Sample Collection, $32,225/Qtr not to $33,S14/Qtr notto $34,8SS/Qtr not to
Analyses lIlld Data Deliverables for exceed $128,9001yr exceed $134,OS6/yr exceed $139,4201yr
Projecis CCWQ and IMKS
4 SGGE Surface Water Sample $1,100.00 per evenl $1,144.00 per $1,190.00 per
Collection not to exceed six event not to exceed event not to exceed
evenis at $6,600lyr six evenis at six events at
$6,864/yr $7,140/yr
5 SGGB Surface Water Sample Analysis $130.00 $135.20 $140.60
and Dam Deliverables per sample not to per sample not to per sample not to
exceed SO samples at exceed SO samples exceed SO samples
$6,500/yr totalat $6,76O/yr total al $7,030/yr
6 Reporting $4,SOO/Qtr not to $4, 680/Qtr not to $4,866.50/Qtr not
exceed $18,OOO/yr exceed $I 8, nO/yr to exceed
. ,$19,466/yr,
Total Payments per Fiscal Year $160,000 $166,400 $173,056
Page 10fl . Exbibit .. 0" to Agreement No. ML070SS4
.... ~ ..
8
.
.
16C 3
,
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Contractor Policy Code Acknowledgement
I am aware that District IT resources are the property of the District, and as a result, I have no right to privacy
or expectation of privacy when using and/or connecting to District IT resources. I am aware that the District
may audit, access, and review all data and/or communications transmitted through or residing on District IT
resources or any equipment or resources attached thereto, including e-mail and volcemail messages, at any
time. I am aware that use of passwords or encryption does not restrict the District's right to access or disclose
s.uch comml.lnic~tions, 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 perfonn inspections as deemed necessary to ensure the safety and
security of District data and/or IT resources, and to ensure that any software or other similar Intellectual
property Is duly licensed for use.
./ I understand the District will require virus-detection software in accordance with its own specifications,
and I agree to comply.
./ I indemnify and hold the District hannless 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 au'thority to enter into any agreement with
Contractors, or to make any agreement contrary to the foregoing.
I acknowledge that I have read and understand the above, and I agree to accept the terms and conditions as a
stipulation of my services or contractual obligations to the District. This Acknowledgement shall be considered
an integral part of ContractJWork Order/P.O. # Any violation of this
Acknowledgement shall be considered a breach of the foregoing ContractJWork Order/P.O. as well as a
violation of District policies. I am aware that if I violate these mandates, penalties may Include disciplinary
action up to and including Immediate tennination of my services andlor ContractlVVork OrderIP.O. with the
District, and the District may pursue whatever other legal remedies are available to it pursuant to the terms of
the ContractlVVork OrderlPurchase Order.
Contractor Name (Print)
Authorized Representative Name (Print)
Signature
Date
Form 1148 (1212005)
Orlglnal- Contract File
Copy - Contractor
Page 2 of2
8
K C3
o IGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3600001301-A01
AMENDMENT NO. 01
TO AGREEMENT NO. 3600001301 (ML070554)
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY
MAR' 0 4 2009
This AMENDMENT NO.1, entered into on ':e'o ::Y\, ~, to that AGREEM
dated September 21, 2006, between "the Parties," the South Florida Water Management Dis
(DISTRICT), and the Board of C01.U1ty Commissioners (BQCC) - Collier County (COUNTY);
WITNESSETH THAT:
WHEREAS, the Parties entered into an AGREEMENT for the collection and analyses of
surface water quality sampling in Collier C01ll1ty; and
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the Statement of
Work, decrease the funding, and revise the Payment and Deliverable Schedule of the AGREEMENT;
, NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing frOm each to the other, do hereby agree as follows:
I. This AMENDMENT NO. 01 shall be effective upon the date of execution by the Parties.
2. The monetary consideration for the AGREEMENT is hereby decreased by an amount not-to-
exceed Forty-three Thousand two Hundred Twenty-seven Dollars and No Cents ($43,227.00) for
Fiscal Year 2009. The total revised not-to-exceed AGREEMENT amount is Four Hundred Fifty-six
Thousand Two Hundred Twenty-nine Dollars and No Cents ($456,229.00).
3. The Statement of Work, attached as Exhibit "C" to the AGREEMENT, is hereby amended in
accordance with Exhibit "el ", attached hereto and made a part of this AMENDMENT NO. 01.
4. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "Dl",
attached hereto and made a part of this AMENDMENT NO. 01.
Page 1 of 2, Amendment No. 01 to Agreement No, 3600001301 (ML0705S4)
16C 3
69
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
,
5. The Agreement Number is hereby amended to 3600001301 (from ML070554) to correspond
with the DISTRICT's new database. All future correspondence (notices, invoices, etc.). shall
reference the new AGREEMENT Number.
6. All other 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 written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SFWMD PROCUREMENT APPROVED
By:'f1'AAA&~~
Date: It') / r;/ I?.f'
I
BOCC - COLLIER COUNTY
By: ~~ ~~~
Do'nna 'Fiala
1'l'l'lST
,u......1' L BROClK. CLERK
~~~~
~p~t,:;1t:,~l,~rk
...it~~\~~ ,
~ " ., "~;"~"~'"".
. - ~ .,,~_,,~.~, '<V...
\ ~ \};i;~~'(i~~i~~~Ji ·
1'11, '-""I"".i"\;,~\ .-',' .
.';lj)A . ~w""" 'F"'
Title:
Chairman
APi?:f'(w~~ 'i',;~ 10 rljlt.\\ ~ l~gp.l G~~\,t;~'J!:'~;~,;"~.Y'
~].~~~.~
~o.SO
Page 2 of2, Amendment No. 01 to Agreement No, 3600001301 (ML070S54)
16C 3
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
. Eliminate the following analytical parameters: Fluoride, Total Coliforms and Total
Dissolved Solids at the request of Collier County.
All other de\iverables (sampling locations and reporting) associated with Agreement No. 3600001301
shall remain intact.
Page 1 of I, Exhibil "Cl" to Agreement No. 3600001301-AOl
16C3
EXHIBIT "Dl"
PAYMENT AND DELNERABLE SCHEDULE
The Field Quality Manual, Laboratory Qua\ity Manual and NELAP Certification identified in Task I
shall be submitted within one (l) month of contract execution and no less than annually thereafter,
The County shall invoice the District on a quarterly basis for Tasks 3 and 6. Tasks 4 and 5 for project
SGGE shall be included with the quarterly invoice only if sampling events occur within the quarterly
invoicing period since sampling is based on flow conditions, There will be no separate payment for
Tasks 1 and 2.
All electronic data deliverables and reports shall be submitted within sixty (60) days of the end of the
quarterly reporting period, (I.e., data for the period January - March shall be submitted by May 31).
All invoices shall list the deliverables submitted to the District and the reporting period the invoice
covers.
Upon receipt and acceptance of deIiverables by the District, the District agrees to pay the County as
specified below and in accordance with the Statement of Work. However, the District may refuse full
payment for data that do not meet the County's or DistrictlFDEP QAQC criteria. The total not-to-
exceed consideration to be provided by the District under this Agreement is $456,229.00 ($160,000.00
for FY07; $166,400 for FY08, and $129,829 for FY09).
Task Deliverable Deserlpllon FY07 FY08 FY09
Payment Amount Payment Amount Payment Amount
I General Quality Assurance/Quality $0 $0 $0
Control (QNQC) Requirements
2 Data Transfer $0 $0 $0
3 Surface Water Sample Collection, $32,22S/Qtr not to $33,514/Qtr not to $26,148.7SIQtr not
Analyses and Data Deliverables for exceed $128,900/yr exceed $134,056/yr to exceed
projeclS CCWQ and IMKS $104,595/yr
4 SGGE Surface Water Sample $1,100,00 per event $1,144.00 per $892.66 per event
Collection not to exceed six event not to exceed nol to exceed six
events at $6,600/yr six events at events at $5,356/yr
$6,864/yr
5 SGGE Surface Water Sample $130.00 $135.20 $105.48
Analysis and Data Deliverables per sample not 10 per sample not to per sample not to
exceed 50 samples at exceed 50 samples exceed SO samples
$6,500/yr total al $6,7601yr total at $S,2741yr
6 Reporting $4,SOO/Qtr not to $4, 680/Qtr nol to $3,651/Qtr not to
exceed $18,000/yr exceed $18, 720/yr exceed $14,6041yr
Total Payments per Fiscal Year $160,000 $166,400 $129,829
Page I of!, Exhibit "Dl" to Agreement No. 3600001301-AOl
, ORIGIN\e C 3
A SOUTH FLORIDA WATER MANAGEMENT DISTRICT
V AMENDMENT
3600001301-A01
AMENDMENT NO. 01
TO AGREEMENT NO. 3600001301 (ML070554)
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY
MAR 0 4 lOD9
This AMENDMENT NO.1, entered into on ~'a ~ ,~ to that AGREE
,,,;.- "dated September 21, 2006, between "the Parties," the South Flotjda 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
surface water quality sampling in Collier County; and
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the Statement of
Work, decrease the funding, and revise the Payment and Deliverable Schedule of the AGREEMENT;
NOW THEREFORE, the Il!STRICT and the COUNTY, in consideration of the mutual
. benefits flowing from each to the other, do hereby agree as follows:
I. thisAMEN'DME'Nf NO. ill shall be effective upon the date of executIon by the Parties.
2. The monetary consideration for the AGREEMENT is hereby decreased by an amount not-to-
exceed Forty-three Thousand Two Hundred Twenty-seven Dollars and No Cents ($43,227.00) for
Fiscal Year 2009. The total revised not-to-exceed AGRItEMENT amount is Four Hundred Fifty-six
Thousand Two Hundred Twenty-nine Dollars and No Cents ($456,229,00).
3. The Statement of Work, attached as Exhibit "C" to the AGREEMENT, is hereby amended in
accordance with Exhibit "Cl ", attached hereto and made a part of this AMENDMENT NO. 01.
4. The Payment and Deliverable Schedule is also hereby revised in accordance with Exhibit "DI ",
attached hereto and made a part of this AMENDMENT NO. 01.
Page 1 of2, Amendment No. 01 to Agreement No. 3600001301 (ML070554)
I
I
16C3
'(8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
5. The Agreement Number is hereby amended to 3600001301 (from ML070554) to correspond
with the DISTRICT's new database. All future correspondence (notices, invoices, etc.) shall
reference the new AGREEMENT Number.
6. All other 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 written above.
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
SFWMD PROCUREMENT APPROVED
By:(1;--VLh-R.:b ~
Date: Mj I/o?
BOCC - COLLIER COUNTY
~..a. J ,-. i ,
'"'u, ~~
,Donna Fida.
By:
d..4
,
,.
Title:
Chairman
Appro.ad M .~ fO!:m & lego.1 s!lfti;;iency
YJ~:~
;sc,';"" -;.
Page 2 of2, Amendment No, 0] to Agreemenl No. 360000]30] (ML070554)
16C3
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
. Eliminate the following analytical parameters: Fluoride, Total Coliforms and Total
Dissolved Solids at the request of Collier County.
All other de\iverables (sampling locations and reporting) associated with Agreement No. 3600001301
shall remain intact.
Page 1 ofl,Exhibit"Cl" to Agreement No. 3600001301-AOl
REQUEST FOR L
(pIe
. ;k'~uJ~~1
OFFiCE OF THE ~S ----
COUN1Y ATTORNEY ~~J.- r ~
ZOfl9f1AR 30 PH 2D~RECEIVED~~
-Ifz- .
su
'1Np r
~ 'v ~q"/~
fIV .7. c{~SI!____lJ _ Q "1 F
the County Attorney, Attn: Jennifer White V ] ~'Y
Director
(Title) Dv....e..
'Y - \-0,\
9df-
CI Po I ~Cf:J:J"'t:b
ITEM NO.: 0 ,-
FILE NO.:
ROUTED TO:
DO NOT WRITE ABOVE TIDS SPACE 0 ; Rev. 6(97)
SERVICES
Date: 3/27/09
From: Raymond Sm'
(Name)
PubHc Utilities
(DivI.'on)
Pollution Control
(DepartnoeDt)
Telephone #: 2,$2-2502
.;.......... .
;:,,_.....
Re: Agreement #ML070554 Amendment #A02
(Subject)
BACKGROUND OF REQUESTIPROBLEM:
(Des.rlbe problem and give ba.kground Information _ be 'DOcllle. conci... aDd articulate.)
Amendment #A02 to Agreement No. ML070554 between the County and the South Florida
Water Management District (SFWMD) modifies the work breakdown structure to include
include newly updated quality control and quality assurance criteria established by the Florida
Department of Environmental Protection. There are no monitary or deliverables changes being
affected by this amendment.
(Are there doeumeDU or other Informallo. .eeded to review lid. matter? Ifyeo, atta.. and refereD"" tbl. "'fonaa11on.)
This item haslhas not been previously submitted.
(If previously submitted provide COUdty Attorney's Office File No.)
ACTION REQUESTED:
(B. v.ry .peeifie. Identify .xactly what you need in the ....y onega! ..rvi....)
Please review the attached SFWMD Amendment #A02 for legal sufficiency:
OTHER COMMENTS:
Please have the subject services rendered by April 3, 2009. If you cannot meet with the
requested date, please provide us with your projected completion date. Please notifY me of the
CAO identification number and attorney's name assigned to this request.
ce: James W. DeLony, P.E., Administrator Public Utilities Division
RLS File
16C3
~1'-'\tRl\111'
~ " \ '~1.
"'~">~~,""
~'~~~A'~'" '~
ortl&2li:,'~ 'J',
...:' -,)}.\ "~
""",, ... ."0
~::.. ,-,,~$
"OS'" ',ct. \'J~
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
March 25,2009
Ms. RhondaJ. VVaddns
Principal EnviroIimental Specialist
Collier County Pollution Control &
Prevention Department
Health & Community Services Building
3301 E. Tamiami Trail
Naples, FL 34112
VIA OVERNIGHT MAIL
Dear Ms. VVatkins:
Subject:
After the amendment has been signed, will you please return both copies to my attention, along
with, if applicable and not previously submitted, a Certificate of Insurance reflecting the required
coverage(s). Do not date the documents; a fully signed document will be returned to you upon
execution by the South Florida Water Management District (District). Note that this document is
not binding on the parties until it is approved by the appropriate level of authority within the
District and executed by both parties,
~
Shouid there be any
".t.]
Pl 0
~... l...O
. ;r;.)
,~~ ~ tn
~.~ ::0
.c:'; f (')
il. <:) IT!
~ -0" -J;,.;
-- <
..,;;; -
;<:; - f,{l
,-l,: ;.. C!J
~bi ...,
,<lol __
;-.!,
Bernadette H:mison, CPPB
Contract Specialist .
Procurement Department
bhiuriso@sfWrnd.gov
(561) 682~6378
Enclosures
1\i~t4i '/'1 ~:t~.:J ~ o_U ~lr;~iJ 'll.~'~~
3301 Gun dub Road, West Palm Beach, Florlda33406 '(561) 686.s800 . FL W4il1l1:~oot:f3J!-2ft2. ~"'!'I "0
Mailing Address: P. O. Box 24680, West Palm Beach, FL 33416-4680 . ww#..fWirld,g,w u ~ I "
f.1 ::J, ,.;, f .,.~ l'\ ~ .. ,
CD
16C3
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3600001301-A02
AMENDMENT NO. 02
TO AGREEMENT NO. 3600001301
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY
This AMENDMENT NO.2, entered into on , to that AGREEMENT
dated September 21, 2006, as amended on March 4,2009, between "the Parties," the South Florida
Water Management District (DISTRICT), and the B6ard of County Commissioners - Collier County
(COUNTY).
WITNESSETH THAT:
WHEREAS, the Parties entered into an AGREEMENT for the collection and analyses of
surface water quality sampling in Collier County; and
WHEREAS, all sampling and analytical protocols shall follow the Florida Department of
Environmental Protection's (FDEP) Quality Assurance Rule 62-160; and
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the Parties wish to amend the AGREEMENT in order to revise the Statement of
Work;
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
I. Regardless of the actual date of execution this AMENDMENT NO. 02 shall be effective as of
February 25, 2009.
2. The Statement of Work, attached as Exhibit "C" to the AGREEMENT, is hereby amended as
follows:
Page 1 of2, Amendment No. 02 to Agreement No, 3600001301
16C 3
E)
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
Sedion IV. WORK BREAKDOWN STRUCTURE: Delete paragraph 9 in its entirety and
replace with the following:
. Data that are between the MOL and the Practical Quantitative Limit (PQL = 5 x MDL)
should be qualified by the County with an (I).
. Verify that the method blank recoveries are <MDL. If not, qualify blank results with
concentrations ~ MOL with a (1).
· Verify that field blanks (i.e. EB, FCEB, etc.) are <MDL. Blanks that do not pass this
criterion are confirmed through rework; data for the blank and associated samples that may
be affected are qualified. Values are considered affected if they are less than or equal to ($)
10 times the blank value.
. Calibration of instruments must be bracketed around expected sample concentrations. The
lowest calibration standard must be no more than 2 x MDL. The highest calibration
standard must not be at a level that would either be so high as to decrease sensitivity in the
analysis ort()\llow 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 oflegal proceedings.
3, All other tenns and conditions of the AGREEMENT, as amended, remain unchanged.
IN WITNESS WHEREOF, the Parties or their duJy authorized representatives hereby execute
this AMENDMENT NO. 02 on the dale first written above.
ATTEST
DWIGHT E. BROCK, CLERK
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY:
By:
Frank Hayden, Procurement Director
Deputy Clerk
SFWMD PROCUREMENT APPROVED
B~t~.6 ~~~
Date: ..3/,;(>10 J .~
BOARD OF COUNTY COMMISSIONERS -
COLLIER COUNTY
Approved as to form $ legal
S~Cien?\ )
~7f- ~&- ..-L
'~&ist~nt County Attorney
'tx"'-7
By:
Title:
Page 2 of2, Amendmenl No. 02 to Agreement No. 3600001301
8
ORIGINAL
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
3600001301-A02
AMENDMENT NO. 02
TO AGREEMENT NO. 3600001301
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AND
BOARD OF COUNTY COMMISSIONERS - COLLIER COUNTY
This AMENDMENT NO.2, entered into on . to that AGREEMENT
dated September 21, 2006, as amended on March 4, 2009, between "the Parties," the South Florida
Water Management District (DISTRICT), and the Board of County Commissioners - Collier County
(COUNTY).
WITNESSETH THAT:
WHEREAS, the Parties entered into an AGREEMENT for the collection and analyses of
surface water quality sampling in Collier County; and
WHEREAS, all sampling and analytical protocols shall follow the Florida Department of
Environmental Protection's (FDEP) Quality Assurance Rule 62-160; and
WHEREAS, the AGREEMENT may be amended with the prior written approval of the
Parties; and
WHEREAS, the P~es wish to amend the AGREEMENT in order to revise the Statement of
Work;
NOW THEREFORE, the DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
1. Regardless of the actual date of execution this AMENDMENT NO. 02 shall be effective asof
February 25, 2009.
2. The Statement of Work, attached as Exhibit "C" to the AGREEMENT, is hereby amended as
follows:
Page 1 of2, Amendment No. 0210 Agreement No. 3600001301
16C3
. .
~
8
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT
Section IV. WORK BREAKDOWN STRUCTURE: Delete paragraph 9 in its entirely and
replace with the following:
. Data that are between the MDL and the Practical Quantitative Limit (PQL ~ 5 x MOL)
should be qualified by the County with an (I).
. Verify that the method blank recoveries are <MDL. If not, qualify blank results with
concentrations:::: MOL with a (J).
. Verify that field blanks (Le. EB, FCEB, etc.) are <MDL. Blanks that do not pass this
criterion are confirmed through rework; data for the blank and associated samples that may
be affected are qualified. Values are considered affected if they are less than or equal to (~
10 times the blank value.
. Calibration of instruments must be bracketed around expected sample concentrations. The
lowest calibration standard must be no more than 2 x MDL. The highest calibration
standard must not be at a level that would either be so high as to decrease sensitivity in the
analysis or too low that it would necessitate dilution of a large number of samples.
. All documentation must be neat, complete and organized so as to allow reconstruction of
both collection and analysis in the event of legal proceedings.
3. All other terms and conditions of the AGREEMENT, as amended, remain unchanged.
IN WITNESS WHEREOF, the Parties or their duly authorized representatives hereby execute
this AMENDMENT NO. 02 on the date first written above.
ATTEST
DWIGHT E. BROCK, CLERK
BY:
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Deputy Clerk
By:
Frank Hayden, Procurement Director
SFWMD PROCUREMI!NT APPROVED
BY~<'~.-6 ~j AA-&J 0..-
Date: 3/ .5? '10 9-
/ "~;,,,.-
BOARD OF COUNTY COMMISSIONERS -
COLLIER COUNTY
Approved as to form & legal
SUfficiency
~ 0.0# j) j~
county Attbrney
By:
l..aaistant
t)4-7'
Title:
Page 2 of2, Amendment No. 02 to Agreement No. 3600001301