Backup Documents 02/24/2009 Item #16C 2ORIGINAL DOCUMENTS CHECKLIST & ROUTING SLIP 16 C
TO ACCOMPANY ALL ORIGINAL DOCUMENTS SENT TO
THE BOARD OF COUNTY COMMISSIONERS OFFICE FOR SIGNATURE
Print on pink paper_ Attach to original document. Original documents should be hand delivered to the Board Office. The completed routing slip and original
documents are to be forwarded to the Board Office only alter the Hoard hus taken action on the item.)
ROUTING SLIP
Complete routing lines # 1 through #4 m appropriate for additional signatures, dates, and/or information needed. If the document is already complete with the
exception of the Chairman's sienature. draw a line through routine lines # 1 throuuh 94. complete the checklist, and forward to Sue Filson (line #51.
Route to Addressee(s)
(List in routing order)
Office
_
Initials
Date
1.
February 24, 200§
Agenda Item Number
16C2
2.
Original document has been signed /initialed for legal sufficiency. (All documents to be
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3.
Amendment
Number of Original
2
4.
by the Office of the County Attorney. This includes signature pages from ordinances,
Documents Attached
5. Sue Filson, Executive Manager
Board of County Commissioners
6. Minutes and Records
Clerk of Court's Office
PRIMARY CONTACT INFORMATION
(fhe primary contact is the holder of the original document pending BCC approval. Normally the primary contact is the person who crealed/prepued the executive
summary - Primary contact information is needed in the event one of addressees above, including Site Filson, need to contact staff for additional or missing
information. All original documents needing the BCC Chairman's signature are to be delivered to the BCC office only alter the BCC has acted to approve the
item.)
Name of Primary Staff
Contact
Ray Smith
W t ^a
Phone Number
252 -2502
Agenda Date Item was
February 24, 200§
Agenda Item Number
16C2
Approved by the BCC
Original document has been signed /initialed for legal sufficiency. (All documents to be
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Type of Document
Amendment
Number of Original
2
Attached
by the Office of the County Attorney. This includes signature pages from ordinances,
Documents Attached
INSTRUCTIONS & CHECKLIST
I Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2 24 05
Initial the Yes column or mark "N /A" in the Not Applicable column, whichever is
Yes
N/A (Not
appropriate.
(Initial)
Applica ble)
I.
Original document has been signed /initialed for legal sufficiency. (All documents to be
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signed by the Chairman, with the exception of most letters, must be reviewed and signed
by the Office of the County Attorney. This includes signature pages from ordinances,
resolutions, etc, signed by the County Attorney's Office and signature pages from
contracts, agreements, etc. that have been fully executed by all parties except the BCC
Chairman and Clerk to the Board and possibly State Officials.)
2.
All handwritten strike - through and revisions have been initialed by the County Attorney's
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Office and all other parties except the BCC Chairman and the Clerk to the Board
3.
The Chairman's signature line date has been entered as the date of BCC approval of the
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document or the final negotiated contract date whichever is applicable
4,
"Sign here" tabs are placed on the appropriate pages indicating where the Chairman's
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signature and initials are required.
5.
In most cases (some contracts are an exception), the original document and this routing slip
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should be provided to Sue Filson in the BCC office within 24 hours of BCC approval.
Some documents are time sensitive and require forwarding to Tallahassee within a certain
time frame or the BCC's actions are nullified. Be aware of our deadlines!
6.
The document was approved by the BCC on 6/26/07 (enter date) and all
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changes made during the meeting have been incorporated in the attached document.
The County Attorney's Office has reviewed the changes, if applicable.
I Forms/ County Forms/ BCC Forms / Original Documents Routing Slip W WS Original 9.03.04, Revised 1.26.05, Revised 2 24 05
16C2
MEMORANDUM
Date: February 26, 2009
To: Ray Smith, Director
Pollution Control & Prevention
From: Teresa Polaski, Deputy Clerk
Minutes & Records Department
Re: Amendment #1 to Agreement #3600001301 (ML070554)
Between SFWMD and Collier County
Enclosed please find two original documents (Agenda Item #16C2) as
referenced above, which was approved by the Board of County
Commissioners on Tuesday, February 24, 2009.
Please forward to the appropriate parties for signatures and return a fully
executed original to the Minutes and Records Department for Recording.
If you have any questions, please call me at 252 -8411.
Thank you.
Enclosure (2)
ORIGINAL
0 SOUTH FLORIDA WATER MANAGEMENT DISTRICT
AMENDMENT 16C
3600001301 -A01
AMENDMENT NO. 01
TO AGREEMENT NO. 3600001301 (ML070554)
BETWEEN THE
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
I \►11:
BOARD OF COUNTY COMMISSIONERS — COLLIER COUNTY
This AMENDMENT NO. 1, entered into on R \3 - aA-1a00q, to that AGREEMENT
dated September 21, 2006, between "the Parties," the South Florida Water Management District
T (DISTRICT), and the Board of County Commissioners (BOCC) — CoIIier 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 DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
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 "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 "D1 ",
attached hereto and made a part of this AMENDMENT NO. 01.
Page I of 2, Amendment No. 01 to Agreement No. 3600001301 (M1.070554)
lEV M9N
16C2
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.
SFWMD PROCUREPAENT APPROVED
By' L/
Date:
ATTFST
DWI611T E; B RQM CUMg
Deputy Clerk
Attest fit, f�111hsM
t j,onatwy oAt
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
I:
Frank Hayden, Procurement Director
BOCC - COLLIER COUNTY
By. r"a�4 -P a
Donna Fiala
Title:
Chairman
n�
AneistantCounty Ir
QK
Page 2 of 2, Amendment No. 01 to Agreement No. 3600001301 (ML070554)
EXHIBIT "Cl" 16 C 2
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 deliverables (sampling locations and reporting) associated with Agreement No. 3600001301
shall remain intact.
Page 1 of 1, Exhibit °C F to Agreement No. 3600001301 -A01
16C2
EXHIBIT "Dl"
PAYMENT AND DELIVERABLE SCHEDULE
The Field Quality Manual, Laboratory Quality Manual and NELAP Certification identified in Task
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
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 deliverables 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 District/FDEP 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 Description
FY07
FY08
FY-09
Payment Amount
Payment Amount
Payment Amount
1
General Quality Assurance /Quality
$0
$0
$0
Control (QA /QC) Requirements
2
Data Transfer
$0
$0
$0
3
Surface Water Sample Collection,
$32,225/Qtr not to
$33,514 /Qtr not to
$26,148.75/Qtr not
Analyses and Data Deliverables for
exceed $128,900/yr
exceed $134,056/yr
to exceed
Projects 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
not 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 to
per sample not to
per sample not to
exceed 50 samples at
exceed 50 samples
exceed 50 samples
$6,500 /yr
total at $6,760/yr
total at $5,274/yr
6
Reporting
$4,500 /Qn not to
$4, 680 /Qtr not to
$3,651 /Qtr not to
exceed $18,000 /yr
exceed $I8,720/yr
exceed $14,604/yr
Total Payments per Fiscal Year
$160,000
$166,400
$129,829
Page 1 of 1, Exhibit "D) " to Agreement No. 3600001301 -A01
16C2
ORIGINAL
0 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
This AMENDMENT NO. 1, entered into on }-eb • a4l c—nCQI , to that AGREEMENT
dated September 21, 2006, between "the Parties," the South Florida Water Management District
(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 DISTRICT and the COUNTY, in consideration of the mutual
benefits flowing from each to the other, do hereby agree as follows:
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 "C 1 ", 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 "D I
attached hereto and made a part of this AMENDMENT NO. 01.
Page 1 of 2, Amendment No. 01 to Agreement No. 3600001301 (ML070554)
1602
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.
SFWMD PROCUREMENT APPROVED
Date:
ATTEST
1aWIBRT B. BRACK, CLERK
Deputy Clerk
Attest n to CM "'S" S
sigaatiur off "
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
M.
Frank Hayden, Procurement Director
BOCC — COLLIER COUNTY
By:Irrruy ja
Title:
Donna Fiala
Chairman
Areietaat Ceauty A
Page 2 of 2, Amendment No. 01 to Agreement No. 3600001301 (ML070554)
I6C2
EXHIBIT "CI"
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 deliverables (sampling locations and reporting) associated with Agreement No. 3600001301
shall remain intact.
Page 1 of 1, Exhibit "C I" to Agreement No. 3600001301 -A01
1602
EXHIBIT "D1"
PAYMENT AND DELIVERABLE SCHEDULE
The Field Quality Manual, Laboratory Quality Manual and NELAP Certification identified in Task 1
shall be submitted within one (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
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 deliverables 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 District /FDEP 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 Description
FY07
F -08
F -09
Payment Amount
Payment Amount
Payment Amount
1
General Quality Assurance /Quality
$0
$0
$0
Control (QA/QC) Requirements
2
Data Transfer
$0
$0
$0
3
Surface Water Sample Collection,
$32,225 /Qtr not to
$33,514 /Qtr not to
$26,148.75 /Qtr not
Analyses and Data Deliverables for
exceed $128,900/yr
exceed $134,056/yr
to exceed
Projects 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
not 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 to
per sample not to
per sample not to
exceed 50 samples at
exceed 50 samples
exceed 50 samples
$6,500 /yr
total at $6,760 /yr
total at $5,274/yr
6
Reporting
$4,500 /Qtr not to
$4, 680 /Qtr not to
$3,651 /Qtr not to
exceed $18,000 /yr
exceed $18,720/yr
exceed $14,604/yr
Total Payments per Fiscal Year
$160,000
$166,400
$129,829
Page 1 of 1, Exhibit °Dl" to Agreement No. 3600001301 -A01
f Mq SOUTH FLORIDA WATER MANAGEMENT
Z� pt'I
AGREEMENT
DISTRICT 1 6 C G
THE SOUTH FLORIDA WATER MANAGEMENT
This number must appear on all Invoices and Correspondence
DISTRICT (hereinafter referred to as DISTRICT) HEREBY
ENTERS INTO THIS AGREEMENT WITH:
Name: BOCC COLLIER COUNTY FLA
ML070554
POLLUTION CONTROL & PREVENTION DEPARTMENT
Address: 3301 E. TAMIAMI TRAIL
BLDG. H
NAPLES, FL 34112
Project Manager: Raymond E. Smith
Telephone No: (239) 732 -2502
Fax No: (239)732-2574
Hereinafter referred to as: COUNTY
PROJECT TITLE: COLLECTION AND ANALYSES OF SURFACE WATER QUALITY SAMPLES IN COLLIER
COUNTY
The following Exhibits are attached hereto and made a part of this AGREEMENT:
Exhibit "A" - Not Applicable Exhibit "H" - Not Applicable
Exhibit 'B" - General Terms and Conditions Exhibit "P' - Not Applicable
Exhibit "C" - Statement of Work Exhibit "J" - Not Applicable
Exhibit "D" - Payment and Deliverable Schedule Exhibit "K" - Not Applicable
Exhibit "E" - Not Applicable Exhibit "L" - Not Applicable
Exhibit "F" - Not Applicable Exhibit "M" - Not Applicable
Exhibit "G" - Not Applicable
TOTAL AGREEMENT AMOUNT: $ 499,456.00 TYPE: Not -to- Exceed
Multi -Year Funding (If Applicable)
Fiscal Year: October 1, 2006 - September 30, 2007 $160,000.00* Fiscal Year:
Fiscal Year: October 1, 2007 - September 30, 2008 $166,400.00* Fiscal Year:
Fiscal Year: October 1, 2008 - September 30, 2009 $173,056.00* Fiscal Year:
*Subject to District Governing Board Annual Budget Approval
AGREEMENT TERM: Three 3 Years EFFECTIVE DATE: November 1 2006
District Project Manager: Patrick L Martin District Contract Administrator:
Telephone No: (561) 753 -2400 x 4761 Penelope Burger (561) 682 -2536
Fax No. (561) 791 -4094 Fax No.: 561 682 -6397 or (561 ) 681 -6275
SUBMIT INVOICES AND NOTICES TO THE DISTRICT AT:
SUBMIT NOTICES TO THE COUNTY AT:
BOCC COLLIER COUNTY FLA
South Florida Water Management District
POLLUTION CONTROL & PREVENTION DEPARTMENT
3301 Gun Club Road -
3301 E. TAMIAMI TRAIL
West Palm Beach, Florida 33406
BLDG. H
Attention: Procurement Department - Notices
NAPLES, FL 34112
Accounts Payable - Invoices
Attention: Raymond E. Smith
IN WITNESS WHEREOF, the authorized representative hereby executes
this AGREEMENT on this date, and accepts all Terms and
Conditions under which it is issued.
BOCC COLLIER COUNTY FLA
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
BY ITS GOVERNING BOARD
Accepted By: ®
Accepted By:
Signature of Authorized Representanve
Carrie EH14 Interim Procurement Director
Date:
Frank Halas
Title:
,
Chairman
s`• �i c
Date:
SFWMDPRO' �vAPPROVED `,
Approved as to form and legal sufficiency
By' -Date: 6 -606
N �j j 3 tO Attest
Coll`er ou ty Attorney Dwight E, `Brock, Clerk:
/ s4 s to Chetr� tall
SOUTH FLORIDA WATER MANAGEMENT DISTRICTt L
EXHIBIT "B" 1 v C 2
GENERAL TERMS AND CONDITIONS
ARTICLE 1- STATEMENT OF WORK ARTICLE 2 - COMPENSATION/
CONSIDERATION
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 reasonably
requested by the DISTRICT, the methodology, lab
analytical examinations, scientific theories, data,
reference materials, and research notes. The
COUNTY shall also be required to substantiate any
and all work completed, including but not limited to,
work completed by subcontractors, assistants,
models, concepts, analytical theories, computer
programs and conclusions utilized as the basis for the
final work product required by the AGREEMENT.
This paragraph shall survive the expiration or
termination of this AGREEMENT.
1.3 The parties agree that time is of the essence in
the performance of each and every obligation under
this AGREEMENT.
1.4 In the event COUNTY employees or hired
workers are authorized by Exhibit "C" to perform
services on -site at DISTRICT facilities, the COUNTY
hereby agrees to be bound by all applicable
DISTRICT policies and standards of conduct listed in
Attachment 1, "Contractor Policy Code
Acknowledgement" to Exhibit "C" and shall require
each individual performing such on -site work to
execute the Attachment 1 form. It is the COUNTY's
responsibility to advise its employees or hued 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.
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 finding
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 finding
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.
Page 1 of 10, Exhibit "B"
Contract File: \County.doc 06/06/06
SEP�Mq`M
�t
SOUTH FLORIDA WATER MANAGEMENT DISTRICT 16 C 2
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
The DISTRICT shall make any such adjustment
within one (1) year following the expiration or
termination of this AGREEMENT.
ARTICLE 3 - INVOICING AND PROMPT
PAYMENT
3.1 The COUNTY's invoices shall reference the
DISTRICT's Contract 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, 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 Navel shall be reimbursed in accordance
with Chapter 112, Florida Statutes.
3.3 It is the policy of the DISTRICT that payment
for all goods and services shall be made in a timely
manner and that interest payments are made on late
payments. In accordance with Florida Statutes,
Section 218.70, Florida Prompt Payment Act, a
"proper" invoice is defined as an invoice that
conforms to all statutory requirements and all
DISTRICT requirements as specified in the
AGREEMENT for invoice submission. The time at
which payment shall be due from the DISTRICT
shall be forty-five (45) days from receipt of a proper
invoice and acceptance of services and/or
deliverables, based on compliance with the statutory
requirements set forth in Section 218.70, F.S. and
upon satisfaction' of the DISTRICT conditions as
detailed in the AGREEMENT.
Failure of the COUNTY to follow the instructions set
forth in the AGREEMENT regarding a proper
invoice and acceptable services, and/or deliverables
may result in an unavoidable delay in payment by the
DISTRICT. All payments due from the DISTRICT
for a proper invoice and acceptable services and/or
deliverables and not made within the time specified in
this section shall bear interest from thirty (30) days
after the due date at the rate of one percent (1 %) per
month on the unpaid balance. The COUNTY shall
invoice the DISTRICT for payment of any accrued
unpaid interest.
Any disputes regarding invoice payments which
cannot be resolved by the appropriate department of
the DISTRICT shall be concluded by final written
decision of the DISTRICT Leadership Team not later
than sixty (60) days after the date on which the proper
invoice was received by the DISTRICT.
3.4 Unless otherwise stated herein, the DISTRICT
shall not pay for any obligation or expenditure made
by the COUNTY prior to the commencement date of
this AGREEMENT.
ARTICLE 4 - PROJECT MANAGEMENT/
NOTICE
4.1 The parties shall direct all technical matters
arising in connection with the performance of this
AGREEMENT, other than invoices and notices, to the
attention of the respective Project Managers specified
on the cover /signature page of the AGREEMENT for
attempted resolution or action. The Project Managers
shall be responsible for overall coordination and
oversight relating to the performance of this
AGREEMENT. The COUNTY shall direct all
administrative matters, including invoices and notices,
to the attention of the DISTRICT's Contract Specialist
specified on the cover /signature page of the
AGREEMENT.
All formal notices between the parties under this
AGREEMENT shall be in writing and shall be
deemed received if sent by certified mail, return receipt
requested, to the respective addresses specified on the
cover /signature page of the AGREEMENT. The
COUNTY shall also provide a copy of all notices to
Page 2 of 10, Exhibit "B"
Contract File: \County.doc 06/06/06
SOUTH FLORIDA WATER MANAGEMENT DISTRICT 16C4
EXHIBIT ( GENERAL TERMS
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
COUNTY and the officers, employees, servants, and
agents thereof. The COUNTY warrants and
represents that it is self- funded for Worker's
compensation and liability insurance, covering at a
minimum bodily injury, personal injury and property
damage with protection being applicable to the
COUNTY's officers, employees, servants and agents
while acting within the scope of their employment
during performance under this AGREEMENT. The
COUNTY and the DISTRICT further agree that
nothing contained herein shall be construed or
interpreted as (1) denying to either party any remedy
or defense available to such party under the laws of
the State of Florida; (2) the consent of the State of
Florida or its agents and agencies to be sued; or (3) a
waiver of sovereign immunity of the State of Florida
beyond the waiver provided in Section 768.28,
Florida Statutes.
5.2 In the event the COUNTY subcontracts
any part or all of the work hereunder to any third
party, the COUNTY shall require each and every
subcontractor to identify the DISTRICT as an
additional insured on all insurance policies as
required by the COUNTY. Any contract awarded by
the COUNTY for work under this AGREEMENT
shall include a provision whereby the COUNTY's
subcontractor agrees to defend, indemnify, and pay
on behalf, save 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 Eby requiring
contractors to materially perform in accordance with
the terms and conditions of the DISTRICT
AGREEMENT. In accordance with DISTRICT
Rule 40E -7, Part II, F.A.C., "material breach" is
defined as any substantial, unexcused non-
performance by failing to perform an act that is an
important part of the transaction or performing an act
inconsistent with the terms and conditions of the
AGREEMENT.
If the COUNTY materially fails to fulfill its
obligations under this AGREEMENT, the
DISTRICT will provide written notice of the
deficiency by forwarding a Cure Notice citing the
specific nature of the material breach. The
COUNTY shall have thirty (30) days to cure the
breach. If the COUNTY fails to cure the breach
within the thirty (30) day period, the DISTRICT
shall issue a Termination for Default Notice. Once the
DISTRICT has notified the COUNTY that it has
materially breached its contract with the DISTRICT,
by sending a Termination for Default Notice, the
DISTRICT's Governing Board shall determine
whether the COUNTY should be suspended from
doing future work with the DISTRICT, and if so, for
what period of time. The DISTRICT's Governing
Board will consider the factors detailed in Rule 40E-
7, Part H, F.A.C. in making a determination as to
whether a COUNTY should be suspended, and if so,
for what period of time. Should the DISTRICT
terminate for default in accordance with this
provision, the DISTRICT shall be entitled to recover
reprocurement costs in addition to all other remedies
under law and/or equity.
6.2 The DISTRICT may terminate this
AGREEMENT with or without cause at any time for
convenience upon thirty (30) calendar days prior
written notice to the COUNTY. The performance of
work under this AGREEMENT may be terminated by
the DISTRICT in accordance with this clause in
whole, or from time to time in part, whenever the
DISTRICT shall determine that such termination is in
the best interest of the DISTRICT. Any such
Page 3 of 10, Exhibit "B"
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SOUTH FLORIDA WATER MANAGEM�NT DISTRICT 1 6 C 2
0 EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
termination shall be effected by delivery to the
COUNTY of a Notice of Termination specifying the
extent to which perfom ance of work under the
AGREEMENT is terminated, and the date upon which
such termination becomes effective.
In the event of termination for convenience, the
DISTRICT shall compensate the COUNTY for all
authorized and accepted deliverables completed
through the date of termination in accordance with
Exhibit "C ", Statement of Work. The DISTRICT shall
be relieved of any and all future obligations hereunder,
including but not limited to lost profits and
consequential damages, under this AGREEMENT.
The DISTRICT may withhold all payments to the
COUNTY for such work until such time as the
DISTRICT determines the exact amount due to the
COUNTY.
6.3 In the event a dispute arises which the project
managers cannot resolve between themselves, the
parties shall have the option to submit to non - binding
mediation. The mediator or mediators shall be
impartial, shall be selected by the parties, and the cost
of the mediation shall be borne equally by the parties.
The mediation process shall be confidential to the
extent permitted by law.
6.4 The DISTRICT may order that all or part of the
work stop if circumstances dictate that this action is in
the DISTRICT's best interest Such circumstances
may include, but are not limited to, unexpected
technical developments, direction given by the
DISTRICT's Governing Board, a condition of
immediate danger to DISTRICT employees, or the
possibility of damage to equipment or property. This
provision shall not shift responsibility for loss or
damage, including but not limited to, lost profits or
consequential damages sustained as a result of such
delay, from the COUNTY to the DISTRICT. If this
provision is invoked, the DISTRICT shall notify the
COUNTY in writing to stop work as of a certain date
and specify the reasons for the action, which shall not
be arbitrary or capricious. The COUNTY shall then be
obligated to suspend all work efforts as of the effective
date of the notice and until further written direction
from the DISTRICT is received. Upon resumption of
work, if deemed appropriate by the DISTRICT, the
DISTRICT shall initiate an amendment to this
AGREEMENT to reflect any changes to Exhibit "C,
Statement of Work and/or the project schedule.
6.5 The DISTRICT anticipates a total project cost
as indicated on the cover /signature page, with the
balance of matching funds and/or in -kind services to be
obtained from the COUNTY in the amount as
specified on the cover /signature page of this
AGREEMENT. In the event such COUNTY
matching funding and/or in -kind services becomes
unavailable, that shall be good and sufficient cause for
the DISTRICT to terminate the AGREEMENT
pursuant to Paragraph 6.2 above.
ARTICLE 7 - RECORDS RETENTION/
OWNERSHIP
7.1 The COUNTY shall maintain records and the
DISTRICT shall have inspection and audit rights as
follows:
A. Maintenance of Records: The COUNTY
shall maintain all financial and non - financial records
and reports directly or indirectly related to the
negotiation or performance of this AGREEMENT
including supporting documentation for any service
rates, expenses, research or reports. Such records shall
be maintained and made available for inspection for a
period of five years from completing performance and
receiving final payment under this AGREEMENT.
B. Examination of Records: The DISTRICT
or its designated agent shall have the right to examine
in accordance with generally accepted governmental
auditing standards all records directly or indirectly
related to this AGREEMENT. Such examination may
be made only within five years from the date of final
payment under this AGREEMENT and upon
reasonable notice, time and place.
C. Extended Availability of Records for Leeal
Disputes: In the event that the DISTRICT should
become involved in a legal dispute with a third party
arising from performance under this AGREEMENT,
the COUNTY shall extend the period of maintenance
for all records relating to the AGREEMENT until the
final disposition of the legal dispute, and all such
Page 4 of 10, Exhibit "B"
Contract File: \County.doc 06/06/06
SOUTH FLORIDA WATER
MANAGEMENT DISTRICT
EXIIJBIT , 0 GENERALTERIMS AND-CONDITIONS
'
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
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
termination or expiration of this AGREEMENT
upon the written request of the DISTRICT not less
than thirty (30) days prior to AGREEMENT
expiration or termination. Equipment is hereby
defined as any non - consumable items purchased by
the DISTRICT with a value equal to or greater than
$500.00 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.
ARTICLE S - STANDARDS OF
COMPLIANCE
8.1 The COUNTY, its employees, subcontractors
or assigns, shall comply with all applicable federal,
state, and local laws and regulations relating to the
performance of this AGREEMENT. The DISTRICT
undertakes no duty to ensure such compliance, but will
attempt to advise the COUNTY, upon request, as to
any such laws of which it has present knowledge.
Page 5 of 10, Exhibit "B"
Contract File: \County.doc 06/06/06
1fP 104N SOUTH , ♦ WATER MANAGEMENT DISTRICT
EXIIIBIT "B"
rS� GENERA1
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 fist. 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 famished.
8.5 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.
8.6 The COUNTY warrants that it has not
employed or retained any person, other than a bona fide
employee working solely for the COUNTY, to solicit
or secure this AGREEMENT. Further the 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,
16C2
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, conmmission, percentage, gift, or
other consideration.
8.7 The COUNTY shall allow public access to all
project documents and materials in accordance with the
provisions of Chapter 119, Florida Statutes. Should the
COUNTY assert any exemptions to the requirements
of Chapter 119 and related Statutes, the burden of
establishing such exemption, by way of injunctive or
other relief as provided by law, shall be upon the
COUNTY.
8.7.1 Pursuant to Sections 119.07(3)(0), and
240.241 Florida Statutes, data processing software
obtained by an agency under a license
AGREEMENT which prohibits its disclosure and
which software is a trade secret, as defined in
Sections 812.081(c), Florida Statutes is exempt from
the disclosure provisions of the Public Records law.
However, the parties hereto 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.
8.8 The COUNTY shall make reasonable efforts
to obtain any necessary federal, state, local, and other
governmental approvals, as well as all necessary
private authorizations and permits, prior to the
commencement of performance of this
AGREEMENT. A delay in obtaining permits shall
not give rise to a claim by, the COUNTY for
additional compensation. If the COUNTY is unable
to obtain all necessary permits in a timely manner,
either party may elect to terminate this
Page 6 of 10, Exhibit "B"
Contract File: \Coumy.doc 06/06/06
SfP M119ry SOUTH FLORIDA WATER DISTRICT •
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
C
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Drys t�
AGREEMENT, each party to bear its own costs,
notwithstanding other provisions of this
AGREEMENT to the contrary.
8.9 Pursuant to Section 216.347, F.S., the
COUNTY is prohibited from the expenditure of any
funds under this AGREEMENT to lobby the
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 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, as the
DISTRICT'S COUNTY for this project, 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
determines it is unable to meet or promote the goals
and objectives of the project, it shall have the duty to
immediately notify the DISTRICT. Upon such
notification the DISTRICT, in its discretion, may
terminate this AGREEMENT.
ARTICLE 9 - RELATIONSHIP BETWEEN
THE PARTIES
9.1 The COUNTY shall be considered an
independent contractor and neither party shall be
considered an employee or agent of the other party.
Nothing in this AGREEMENT shall be interpreted to
establish any relationship other than that of
independent contractor between the parties and their
respective employees, agents, subcontractors, or
assigns during or after the performance on this
AGREEMENT. Both parties are free to enter into
contracts with other parties for similar services.
9.2 In the event that the COUNTY is providing staff
who will be working on -site at DISTRICT facilities, it
is further understood that the COUNTY shall be the
employer of the staff provided pursuant to the
AGREEMENT for all purposes under state and
federal law and that the COUNTY's staff shall not be
eligible for any benefit programs the DISTRICT offers
to its employees. All benefits available to the
COUNTY's staff shall be exclusively provided by the
COUNTY or by the COUNTY's employee.
The COUNTY is solely responsible for compliance
with all labor and tax laws pertaining to officers, agents
and COUNTY employees and shall indemnify and
hold the DISTRICT hamdess from any failure by the
COUNTY to comply with such laws. The
COUNTY's duties with respect to such personnel shall
include, but are not limited to, the following:
9.2.1 Billing, collection, payroll services and tax
withholding, and any other related services
9.2.2 Providing insurance coverage pursuant to
Article 5 of this AGREEMENT.
9.2.3 Providing any and all employment
benefits, including, but not limited to, annual leave,
sick leave, paid holidays, health insurance, retirement
benefits and disability insurance.
9.2.4 Complying with the Fair Labor Standards
Act, 29 U.S.C. 201, et.seq., including payment of
overtime in accordance with the Act.
9.2.5 Providing employee training for all
activities necessary for job performance, except those
functions that are unique to the DISTRICT, in which
event, the DISTRICT, in its sole judgment and
discretion, may provide training.
9.3 It is the intent and understanding of the Parties
that this AGREEMENT is solely for the benefit of the
COUNTY and the DISTRICT. No person or entity
other than the COUNTY or the DISTRICT shall have
any rights or privileges under this AGREEMENT in
any capacity whatsoever, either as third -party
beneficiary or otherwise.
9.4 The COUNTY shall not assign, delegate, or
otherwise transfer its rights and obligations as set forth
Page 7 of 10, Exhibit "B"
Contract File: \County.doc 06/06/06
Ew n,SNac SOUTH FLORIDA
EXHIBIT i
GENERAL
s. t
in this AGREEMENT without the prior written
consent of the DISTRICT. Any attempted assignment
in violation of this provision shall be void.
9.5 The COUNTY shall not pledge the
DISTRICT's credit or make the DISTRICT a
guarantor of payment or surety for any
AGREEMENT, debt, obligation, judgement, lien, or
any form of indebtedness.
9.6 The DISTRICT assumes no duty with regard to
the supervision of the COUNTY and the COUNTY
shall remain solely responsible for compliance with all
safety requirements and for the safety of all persons and
property at the site of AGREEMENT performance.
ARTICLE 10 - MBE PARTICIPATION
10.1 The COUNTY hereby acknowledges that no
Minority Business Enterprises (MBE) participation
level has been established for this AGREEMENT;
however, both parties agree to provide the other
advance notice of competitive contracts that may
result from this AGREEMENT along with timelines
for public notice and award of such contracts. In the
event subsequent competitive contract awards do
result in MBE participation, such participation shall
be reported to the other party. Both the COUNTY
and the DISTRICT will ensure compliance with the
provisions of their respective program laws,
ordinances and policies and will support the other's
initiatives to the extent allowed by law.
ARTICLE 11- GENERAL PROVISIONS
11.1 Notwithstanding any provisions of this
AGREEMENT to the contrary, the parties shall not be
held liable for any failure or delay in the performance
of this AGREEMENT that arises from foes, floods,
strikes, embargoes, acts of the public enemy, unusually
severe weather, outbreak of war, restraint of
Goverment, riots, civil commotion, force majeure, act
of God, or for any other cause of the same character
which is unavoidable through the exercise of due care
and beyond the control of the parties. Failure to
perform shall be excused during the continuance of
such circumstances, but this AGREEMENT shall
otherwise remain in effect. This provision shall not
apply if the "Statement of Work" of this
AGREEMENT specifies that performance by
COUNTY is specifically required during the
occurrence of any of the events herein'mentioned.
11.2 Any inconsistency in this AGREEMENT shall
be resolved by giving precedence in the following
order:
(a) Exhibit "A" Special Provisions, if applicable
(b) Exhibit "B" General Terms and Conditions
(c) Exhibit "C" Statement of Work
(d) all other exhibits, attachments and documents
specifically incorporated herein by reference
11.3 Failures or waivers to insist on strict
performance of any covenant, condition, or provision
of this AGREEMENT by the parties, their successors
and assigns shall not be deemed a waiver of any of its
rights or remedies, nor shall it relieve the other party
from performing any subsequent obligations strictly in
accordance with the terms of this AGREEMENT. No
waiver shall be effective unless in writing and signed
by the party against whom enforcement is sought. Such
waiver shall be limited to provisions of this
AGREEMENT specifically referred to therein and
shall not be deemed a waiver of any other provision.
No waiver shall constitute a continuing waiver unless
the writing states otherwise.
11.4 Should any term or provision of this
AGREEMENT be held, to any extent, invalid or
unenforceable, as against any person, entity or
circumstance during the term hereof, by force of any
statute, law, or ruling of any forum of competent
jurisdiction, such invalidity shall not affect any other
term or provision of this AGREEMENT, to the extent
that the AGREEMENT shall remain operable,
enforceable and in full force and effect to the extent
permitted by law.
11.5 This AGREEMENT may be amended only
with the written approval of the parties hereto.
11.6 This AGREEMENT states the entire under-
standing and AGREEMENT between the parties and
supersedes any and all written or oral representations,
statements, negotiations, or contracts previously
existing between the parties with respect to the subject
matter of this AGREEMENT. The COUNTY
Page 8 of 10, Exhibit "B"
Contract File: \County.doc 06/06/06
p4Ea m4Na
c
SOUTH FLORIDA WATER MANAGEMENT DISTRICJ 6 C 2
EXHIBIT "B"
GENERAL TERMS AND CONDITIONS
recognizes that any representations, statements or
negotiations made by DISTRICT staff do not suffice
to legally bind the DISTRICT in a contractual
relationship unless they have been reduced to writing
and signed by an authorized DISTRICT
representative. This AGREEMENT shall inure to the
benefit of and shall be binding upon the parties, their
respective assigns, and successors in interest.
ARTICLE 12 — SAFETY REQUIREMENTS
12.1 The COUNTY shall require appropriate
personal protective equipment in all operations where
there is exposure to hazardous conditions.
12.2 The COUNTY shall instruct employees
required to handle or use toxic materials or other
harmful substances regarding their safe handling and
use, including instruction on the potential hazards,
personal hygiene and required personal protective
measures. A Material Safety Data Sheet (MSDS)
shall be provided by the COUNTY to the
DISTRICT on each chemical product used.
12.3 The COUNTY shall comply with the
standards and regulations set forth by the
Occupational Safety and Health Administration
(OSHA), the Florida Department of Labor and
Employment Security and all other appropriate
federal, state, local or DISTRICT safety and health
standards.
12.4 It is the COUNTY's sole duty to provide safe
and healthful working conditions to its employees and
those of the DISTRICT on and about the site of
AGREEMENT performance.
12.5 The COUNTY shall initiate and maintain an
accident prevention program which shall include, but
shall not be limited to, establishing and supervising
programs for the education and training of employees
in the recognition, avoidance, and prevention of
unsafe conditions and acts.
12.6 The COUNTY shall erect and maintain, as
required by existing conditions and performance of
the AGREEMENT, reasonable safeguards for safety
and protection, including posting of danger signs and
other warnings, against hazards.
12.7 The COUNTY shall take reasonable
precautions for safety of, and shall provide reasonable
protection to prevent damage, injury, or loss to:
12.7.1 employees on the work and other
persons who may be affected thereby; including
pedestrians, visitors, or traveling public;
12.7.2 the work, materials, and equipment to
be incorporated therein; whether in storage on or off
the site, under care, custody or control of the
COUNTY, or the COUNTY's subcontractors; and
12.7.3 other properties at the site or adjacent
thereto; such as trees, shrubs, lawns, walks, utilities,
pavement, roadways, structures, building, vehicles,
and equipment not designated for removal, relocation
or replacement in the course of work.
12.8 The COUNTY shall provide first aid services
and medical care to its employees.
12.9 The COUNTY shall develop and maintain an
effective fire protection and prevention procedures
and good housekeeping practices on the work site
throughout the AGREEMENT.
12.10 Emergencies: In emergency affecting safety of
persons or property on or about the site or as a result
of the work; the COUNTY shall act, timely and with
due diligence, to prevent threatened damage, injury,
or loss.
12.11 Environmental: When the COUNTY,
COUNTY's contractors, or subcontractors, use
petroleum products, hazardous chemicals, or any
other chemicals used on or about the site, the
COUNTY shall be responsible for handling these
chemical constituents in accordance with federal,
state and local regulations during the terms of the
AGREEMENT. For accidental discharges or
releases onto the floor, air, ground, 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.
Page 9 of 10, Exhibit "B"
Contract File: \County.doc 06/06/06
SOUTH ' ♦ WATER MANAGEMENT
DISTRICT
i C 1 CONDITIONS
12.12 The DISTRICT may order the COUNTY to
halt operations under the AGREEMENT, at the
COUNTY's expense, if a condition of immediate
danger to the public and/or DISTRICT employees,
equipment, or 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 10 of 10, Exhibit "B"
Contract File: \County.doc 06/06/06
o
Name (Please Print)
16C2
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Contractor Policy Code Acknowledgement
Contract/Work Order /Purchase Order (P.O.) #
Contractors, Vendors and Consultants (hereafter referred to collectively as "Contractor(s) ") engaged to do
business with the South Florida Water Management District (the "District ") using District equipment and /or
working on District premises, property or facilities must comply with the rules and regulations of the District's
Policy & Procedure Code.
As the Contractor's representative, without limitation thereto, I, (Contractor)
acknowledge that I have received and reviewed the following:
✓ Whistle- Blowers Policy, Chapter 101, Article V. Sec. 101 -101 through 101 -113.
✓ Equal Employment Opportunity and Harassment Policy, Chapter 120, Article I. Sec. 120 -3.
✓ Standards of Conduct Policy, Chapter 120, Article III. Sec. 120 -62.
✓ Corrective Action Policy, Chapter 120, Article III. Sec. 120 -63.
✓ Drug -Free Workplace Policy, Chapter 120, Article III. Sec. 120 -73.
✓ Chapter 130, Information Technology: Acceptable Use of Information Technology and
Telecommunications Policy; Electronic Mail Policy; and, Intellectual Property and Works- Made - For -Hire
Policy
✓ Information Technology Security Procedures, Chapter 230, Article II. Sec. 230 -21 through 230 -27.
In the course of conducting business with the District, I understand that Contractors must be aware of and
comply with the State of Florida Public Records Law (Chapter 119, Florida Statutes), the Government-in-the -
Sunshine Law (Chapter 286.011, Florida Statutes) and the Code of Ethics (Chapter 112, Florida Statutes).
I am aware that Contractors are prohibited from soliciting or lobbying for additional work while engaged to do
business with the District. I acknowledge that this behavior interferes with the efficient performance of my
responsibilities under the terms of my contractual obligations with the District, and that it may provide me or my
company with a competitive advantage. Both my employer and I understand that lobbying for additional work
while under contract with the District may eliminate me and /or my company from award of future solicitations.
I recognize and understand that District IT resources, including but not limited to computers, telephones,
radios, mobile phones and 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 recognize and understand that no remote access technology or device is to be attached to District IT
resources or the information technology systems infrastructure to effect access without the express
authorization of the IT Department Director or Information Technology Senior Advisor or their duly authorized
delegates. Non- District equipment or other resources used by me to connect to District IT resources, systems
or services will be subject to the same laws, rules and regulations as District -owned IT resources.
Form 1148 (12/2005) Original — Contract File Copy - Contractor Page 1 of 2
16C2
SOUTH FLORIDA WATER MANAGEMENT DISTRICT
Contractor Policy Code Acknowledgement
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I am aware that the District's Policies and Procedures Code and any other District practices are subject to
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I acknowledge that I have read and understand the above, and I agree to accept the terms and conditions as a
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violation of District policies. I am aware that if I violate these mandates, penalties may include disciplinary
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Contractor Name (Print)
Authotized Representative Name (Print)
Signature
Date
Form 1148 (12/2005) Original — Contract File Copy - Contractor Page 2 of 2
EXHIBIT "C' '
STATEMENT OF WORK
COLLECTION AND ANALYSES OF SURFACE WATER QUALITY
SAMPLES IN COLLIER COUNTY
I. INTRODUCTION AND BACKGROUND
1602
The natural flow of freshwater is crucial to the survival of the Big Cypress watershed and
Everglades National Park as well as to preserving the integrity of the entire southwest Florida
ecosystem. The southwest coast of Florida has experienced rapid agricultural and urban-
suburban development. A major concern of this rapid growth is its effect on water quality. The
Ecosystem Restoration Working group for this area (Sub region 5) lists restoration of more
natural distribution, timing and quantities of fresh water into coastal areas as one of its seven
major restoration objectives. Long -term, systematic monitoring is a powerful tool used to
identify problem areas and provide a clear understanding of baseline conditions. The monitoring
initiatives detailed in this agreement continues the 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.
II. OBJECTIVE
The primary objectives of this Cooperative Agreement are to 1) continue to obtain data of
acceptable quality to evaluate the water resources within the Big Cypress Basin and the coastal
waters of Collier County; 2) partner with a local government to perform water quality monitoring
and laboratory analysis; 3) reduce District monitoring and laboratory work loads and; 4) allow for
the redirection of staff to additional legislatively mandated projects.
III. SCOPE OF WORK
The County shall collect and analyze surface water samples for three (3) water quality monitoring
projects. The first project, Collier County Water Quality Project, coded CCWQ consists of forty-
four (44) stations within the Big Cypress Basin's inland and estuarine systems and five (5)
stations within the Fakahatchee Strand and the Corkscrew Swamp areas. The second project,
Immokalee Stormwater coded EVIKS, consists of fiv6 (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
16C2
Southern Golden Gate Estates, coded SGGE, consists of seven (7) stations in the Picayune Strand
CERP project. These stations are sampled for permit compliance and are sampled during the wet
season.
The station names, descriptions, and Global Positioning System (GPS) coordinates for the three
projects are listed in Table 1. The locations of all stations are depicted in Figures 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 2of 24, Exhibit" C" to Agreement No. ML070554
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Figure 2. Location of SGGE monitoring sites
Page 4of 24, Exhibit " C' ' to Agreement No. ML070554
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M M•
16C2
Table 1. Site names and GPS coordinates for projects CCWQ, IMKS and SGGE
' Page 5of 24, Exhibit " C' ' to Agreement No. ML070554
CCWQ
BARRIVN
Off dock at sheriffs substation on corner
US41 & CR29
255435.2
812148.5
CCWQ
BC1
Channel marker 38 in Naples Bay
260802.8
814825.7
CCWQ
BC2
Just inside the mouth of Rock Creek
260827.4
814706.5
CCWQ
BC3
Gordon River ext. at mouth of canal
leading to main P.O.
260947.8
814711.5
CCWQ
BC4
Downstream of weir in Golden Gate Canal
across from Bear's Paw Country Club
261004.0
814632.7
CCWQ
BC5
Bridge at intersect of Haldeman Creek and
Ba shore Dr.
260731.3
814613.3
CCWQ
BC6
Downstream of weir in Henderson Creek
south of US41E
260324.0
814123.5
CCWQ
BC7
FakaUnion Canal at west bend of "T"
255933.9
813118.5
CCWQ
BC8
Merritt Canal at east bend of "T"
255935.9
812925.4
CCWQ
BC9
Miller Canal at intersect of I -75
260911.4
813318.9
CCWQ
BC10
FakaUnion Canal at intersect of I -75
FAKAUC75
260611.3
810308.4
CCWQ
BC 11
- Merrit Canal at intersect of I -75
260912.6
812926.3
CCWQ
BC12
Prairie Canal at end of 82° Ave S.E.
260031.8
812729.2
CCWQ
BC13
Downstream of weir in Immokalee Rd
canal west of Palm River Blvd
261623.1
814647.6
CCWQ
BC14
Immokalee Rd Canal at intersection of
Palm River Blvd
261621.6
814642.0
CCWQ
BC 15
Airport Rd Canal at entrance to Sam's
Club
261615.9
814609.9
CCWQ
BC16
Bridge #84 on US41E
250519.6
811542.2
CCWQ
BC17
Bridge #86 on US41E
255235.0
811304.1
CCWQ
BC18
Bridge #73 onUS41E
255507.2
812327.5
CCWQ
BC19
Bridge #69 onUS41E
255537.1
812503.5
CCWQ
BC20
Bridge #52 on US41E
255739.7
813059.9
CCWQ
BC21
Bridge #55 on US41E (TAMBR55)
255737.7
813000.8
CCWQ
BC22
Guaging station north of intersection US41
and Henderson Creek HENDCRK
260325.6
814102.2
CCWQ
BC23
Bridge at intersection of main Golden Gate
Canal & CR951 GGC 951
261013.2
814112.3
CCWQ
BC24
Bridge #30211 on SR29; 3 miles north of
1 -75
261212.7
812047.3
CCWQ
BC25
Bridge east of Oil Well Grade Rd on
CR858 in Camp Keais Strand
261738.3
812845.9
CCWQ
BC26
Intersection of 951 Canal and Immokalee
Road Canal
261620.7
814121.7
CCWQ
KMATE
Middle of Checkmate Pond Fakahatchee
Strand
260837.0
812321.4
CCWQ
COCAT41
Cocohatchee River @ US41
261605.7 1
814806.8
' Page 5of 24, Exhibit " C' ' to Agreement No. ML070554
16C2
CCWQ
COC @IBIS
Bridge at intersection of Coconut Palm
261655.1
814612.4
River and Ibis Wa
CCWQ
COC @LAKE
Bridge at intersection of Lakeland Ave.
261622.7
814535.6
and Cocohatchee River Canal
CCWQ
COCPALM
Bridge at intersection of Palm River Dr &
260140.0
814641.0
Coconut Palm River
CCWQ
CORK @846
Bridge at intersect of Corkscrew Canal &
261640.7
813603.7
CR846
CCWQ
CORKN
Bridge just south of County line and USGS
262945.5
812713.9
gauging station on tram road to Little
Corkscrew Island in Corkscrew Swamp
Sanctuary
CCWQ
CORKS
Southern most bridge on TramRd in
262956.2
813115.5
sanctuary
-
CCWQ
CORKSCRD
Bridge @ intersect of corkscrew Rd &
264412.3
812219.0
canal NE of Corkscrew Marsh trailhead
CCWQ
CORKSW
Canal along tram road at southwest comer
263016.6
813339.7
of Corkscrew Swamp Sanctuary
CCWQ
ECOCORIV
East of WCOCORIV site at amil gate
261620.3
814702.3
CCWQ
FAKA
Gauging station N of weir @ intersect of
255737.8
813034.2
US41/FakaUnion Canal
CCWQ
FAKA858
S side of bridge @ FakaUnion Canal and
261734.4
813146.7
CR858.
CCWQ
FAKAUPOI
FakaUnion Canal @ entrance to Port of the
255721.4
813037.8
Islands marina
CCWQ
GATOR
N side of bridge 105 onUS41E
255035.1
805503.7
CCWQ
GGC @858
Bridge @ intersect of Golden Gate Canal
261735.9
813342.3
and CR858
CCWQ
GGCAT31
Bridge @ intersect of Airport Rd
261004.3
814602.3
and Golden Gate Canal
CCWQ
HALDCRK
Upstream of amil gate @ intersect
260044.5
814545.5
of US41 & Haldeman creek
CCWQ
LELY
Bridge @ intersect of US41 & Lely
262119.3
814442.3
Main Canal
CCWQ
MONROE
Bridge 30096 @ intersect of US41
255148.9
810604.2
& Loop Rd
CCWQ
OKALA858
Okaloacoochee Slough crossing on
261817.4
811731.4
CR858
CCWQ
TAMBR90
Bridge 30090 on US41E
255220.0
810107.5
IIvIKS
IMKFSHCK
On Lake Trafford Rd. just west of
262559.9
812745.3
elementary school at sidewalk
bridge
IIV1KS
IMK6STS
Second culvert S of Main St on 6th
262503.9
812519.70
St. S in Immokalee
IMKS
IMKMAD
Gopher Ridge Rd. entrance to Gopher
262548.9
812440.81
Ridge Grove at the end of
Alachua Rd. CanaVbridge is
located just before vehicle
spray/wash area at grove entrance.
Page 6of 24, Exhibit "' C' ' to Agreement No. ML070554
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iMI {S
I VIKBgN
First bridge over canal on US29 S
262432.57
812352.24
of convergence of NW and N
drainage canals on SE end of
Immokalee
WKS
INMSLGH
On Sanitation Rd. leading to Eustis
262423.60
812545.33
Landfill on east side of road
approx. half way between
entrance gate at Immokalee Water
& Sewer District Office and
Eustis Landfill gate.
SGGE
SGGE5SW
Surface water site at Prairie Canal and
260835.4
812810.5
Transect 1
SGGE
SGGEI0SW
Surface water site at Prairie Canal and
260635.3
812834.4
Transect 2
SGGE
SGGEI ISW
Surface water site at Prairie Canal and
260535.1
812738.8
Transect2
SGGE
SGGE16SW
Surface water site at Prairie Canal and
260318.2
812818.5
Transect3
SGGE
SGGE 17SW
Surface water site at Prairie Canal and
260251.3
812628.8
Transect3
SGGE
SGGE22SW
Surface water site at Prairie Canal and
260138.1
812841.9
Transect3
SGGE
SG3E23SW
Surface water site at Prairie Canal and
260225.5
812747.7
Transect4
Page 7of 24, Exhibit " C' ' to Agreement No. ML070554
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Table 2. Parameters and frequency of collection for projects CCWQ, IMKS and SGGE
*Laboratory must obtain this MDL or a lower value
* *Frequency is six sample evedts during the wet season from May through October when there are optimum
conditions for flow (no stagnant or ponded water samples).
** *This parameter will only be collected at the GATOR site under project CCWQ
Page Sof 24, Exhibit " C' ' to Agreement No. ML070554
Ammonia
EPA 350.1
0.01 m
Monthly
Monthly
Flow
BOD
SM5210 B
2 m
Monthly
Monthly
Flow
Color
EPA 110.2
5 Pcu
Monthl y
Monthly
N/A
Hardness
SM2340 B
1.0 m
Quarterly
Monthly
Flow
Nitrate 03 )
(NO.-NO2)
0.01 m
Monthly
N/A
Flow
Nitrite Oz
SM4500 NOz B
0.002 me&
Monthly
N/A
Flow
Sodium * **
SM31I IB
1.7 m
Quarterly
N/A
N/A
NOX
EPA 353.2
0.01 m
Monthly
Monthly
- N/A
OPO4
SM 4500 PE
0.004 m
Monthly
Monthly
Flow
TDS
SM 2540C
2.0 mgI
Monthly
N/A
Flow
TKN
SM 4500
NorgD
0.04 mg/L
Monthly
Monthly
Flow
TOC
EPA 415.1
0.32 m
Monthly
N/A
N/A
TP
SM 4500 PE
0.004 m
Monthly
Monthly
Flow
TSS
SM 2540 D
2.0 m
Monthly
Monthly
Flow
Turbidity
SM 2130 B
0.10 NTU
Monthly
N/A
N/A
Chloro h ll -a
SM 10200 H
3.0 m m
Monthly
N/A
Flow
Phaeophytin
SM 10200 H
3.0 mg/m'
Monthly
N/A
Flow
Fecal Coliform
SM 9222D
1 cfu/100ml
Monthly
N/A
N/A
Total Coliform
SM 9222B
1 cfu/100m1
Monthly
N/A
N/A
Alkalinity
SM 2320B
1.0 m
Quarterly
N/A
Flow
Calcium
SM 3111 B
0.05 m
Quarterly
Monthly
Flow
Chloride
SM 4500 CI-E
1.0 m
Quarterly
N/A
N/A
Fluoride
SM 4500 F -C
0.05 m
Quarterly
N/A
N/A
Magnesium
SM 3111 B
0.007 m L
Quarterly
Monthly
Flow
Manganese
EPA 200.8
0.39 ug/L
N/A
N/A
Flow
Dissolved Silica
SM 4500Si -C
1.0 m
Quarterly
Monthly
Flow
Sulfate
EPA 375.4
1.0 m
Quarterly
Monthly
Flow
Arsenic
EPA 200.8 As
1.0 u
Quarterly
Monthly
N/A
Cadmium
EPA 200.8 (Cd)
0.1 u
Quarterly
N/A
N/A
Chromium
EPA 200.8 Cr
2.0 u
Quarterly
Monthly
N/A
Copper
EPA 200.8 Cu
1.0 u
Quarterly
Monthly
N/A
Iron
SM 3111 B
120 u
Quarterly
N/A
Flow
Lead
EPA 200.8 (Pb)
1.0 u
Quarterly
Monthly
N/A
Zinc
EPA 200.8 (Zn) 1
20 ug/L
Quarterly
Monthly
N/A
*Laboratory must obtain this MDL or a lower value
* *Frequency is six sample evedts during the wet season from May through October when there are optimum
conditions for flow (no stagnant or ponded water samples).
** *This parameter will only be collected at the GATOR site under project CCWQ
Page Sof 24, Exhibit " C' ' to Agreement No. ML070554
16C2
Table 3. In Situ parameters, analytical methods, reporting units and accuracy limits
H
SM 4500 -H+ B
S.U.
+/- 0.2 pH units
Dissolved
FDEP SOP FT1500
mg/L
+/- 0.3 mg/L of saturation chart
Oxygen (DO)
SM 4500 -0 G
at temp
Specific
FDEP SOP FT1200
µmhos /cm
+/- 5% of the true value of the
Conductivity
SM 2510 A
KCI standard
Temperature
FDEP SOP FT1400
°C
+/- 0.2,0.0
SM 2550 B
Salinity
FDEP SOP FT1300
ppt
NA
SM 2520 B
Depth
I
meters
0.01 meter
N. WORK BREAKDOWN STRUCTURE
Task l: 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 (F.A.C.). The
County shall follow the FDEP standard operating procedures (SDP'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 1, 2004). Alternate field procedures may
be used only after they have been approved according to the requirements of Rules 62- 160.220,
and 62- 160.330, F.A.0 and approved by the District Project Manager.
The County's laboratory shall be National Environmental Laboratory Accreditation Program
(NELAP) accredited (primary or secondary) with the Florida Department of Health (FDOH)
Page 9of 24, Exhibit " C' ' to Agreement Nd. ML070554
16C2
under Chapter 64E -1, F.A.C., where such certification is required by Rule 62- 160.300, F.A.C.
The laboratory shall be certified for all specific method/analyte combinations that are analyzed
for all three projects (CCWQ, 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.0 and approved by the District Project Manager. An updated NELAP approved
Laboratory Quality Manual (LQM) and NELAP certificates shall be submitted to the District
within one month of contract execution. Any changes or updates to the Quality Manual must be
provided to the District within 1 month of the effective date of the update. The County's
laboratory shall notify the District Project Manager immediately if it or its subcontractor loses
certification for any parameter(s) analyzed for this contract and work may only be continued at
the discretion of the District Project Manager.
District QA staff may assess the County's performance as desired. For example, District staff
may conduct laboratory and field sampling audits, submit blind and split samples for analysis,
and review analytical and field sampling methods. In addition, the County's laboratory shall
participate in Round Robin and laboratory performance evaluation and split sampling exercises at
the District's request. The District may require copies of laboratory bench notes during audits and/or
when necessary to evaluate data.
When requested, the laboratory shall provide the District with results of all performance evaluation
and Round Robin studies in which it participates, as well as audit reports. The District may also
ask for MDL studies and QC charts during the duration of the agreement. The laboratory shall not
change analytical methodologies without prior written approval from the District. If the
laboratory's proposed method is not listed in the approved LQM, they shall provide an FDEP-
approved Method Validation package for each method.
The minimum quality control requirements for all tests are those that are specified in the
County's LQM unless specified as otherwise by the District. The qualification of data will be
based on the limits set in the County's LQM and those criteria specified in the following:
• Data that are between the MDL and the Practical Quantitative Limit (PQL = 5 x MDL)
should be qualified by the County with an (I),
• Verify that the method blank recoveries are <MDL. If not, qualify data results with
concentrations falling between the PQL and MDL with a (J),
• Verify that field quality control samples (i.e. EB, FCEB, etc.) are <MDL. Blanks that do
not pass this criterion are confirmed through rework; data for the blank and associated
samples that may be affected are flagged. Values are generally considered affected if they
are less than ( <) 5x's the blank value,
• Calibration of instruments must be bracketed around expected sample concentrations.
The lowest calibration standard must be no more than 2 x MDL. The highest calibration
standard must not be at a level that would either be so high as to decrease sensitivity in
the analysis or too low that it would necessitate dilution of a large number of samples,
• All documentation must be neat, complete and organized so as to allow reconstruction of
both collection and analysis in the event of legal proceedings.
The County shall provide all data associated with the analyses to the District. The District may
Page 10of 24, Exhibit " C' ' to Agreement No. MI070554
16C2
refuse payment for data that do not meet the County's or District/FDEP 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
shall conform to existing District guidelines or other format as requested by the District. It is
strongly recommended that the County maintain an on -site electronic database of all data collected
throughout the life of the project. For all sample matrices, the data shall be submitted in electronic
formats on CD. Laboratories working under direct contract for the District shall be requested to
implement Automatic Data Processing Tool (ADaPT), which will be provided by the District.
Laboratory Receipt and Result Electronic Data Deliverables (EDD) shall be required to be
ADaPT submittals. ADaPT is:
A Microsoft ACCESS based electronic data deliverable (EDD) review and validation tool
program adopted by both FDEP and the District. This tool aids in processing analytical
data, validating format and completeness, checking the data quality and compliance with
the method and data quality objectives for all analytical data submitted to the District.
The District requires laboratories to utilize the ADaPT software to perform its own automated
data review soon after analysis is complete. The laboratory version reads the EDD, checks it
against the EDD specifications and against an electronic Quality Assurance Project Plan library
for errors. If any error is found it allows and facilitates its correction. After all errors are
corrected, it allows for the EDD to be exported as a .txt or .csv file to be delivered to the District
QA/Project 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 r
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.
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 "A" + Contractor FDOH ID + Date (YYYYMMDD) generated + sequence, e.g. A-
E12121- 20011201 -1. The District will provide the County with a list of recipients for this email
Page l lof 24, Exhibit " C' ' to Agreement No. NII070554
notification.
Laboratory Results Deliverable
16C2
The County shall perform analysis and provide results in the format outlined in Table 5. The
EDD file shall be verified by the County for format and project requirements using ADaPT. The
County ghall correct errors or inconsistencies found by Adapt during data review prior to
submission to the District. Any unresolved issues are documented through the ADaPT tool. The
EDD shall include data for samples submitted to the County as well as laboratory quality control
samples for method blanks, laboratory control samples, matrix spikes, matrix spike duplicates or
duplicate samples. EDD's shall be submitted with the quarterly report and are due within 60
days after the end of the quarter.
Field Data Deliverables
All field in -situ measurements should be submitted to the District with the quarterly reports in a
separate EDD.
All data submittals must conform to the following guidelines or other format as desired by the
District as shown in Table 4 and include the following:
1) Field data deliverables must be submitted to the District Project Manager on a
CD, using a consistent file naming convention, i.e.. XXX- 20011201 -1.CSV
(laboratory name + date (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 12of 24, Exhibit" C' ' to Agreement No. NIL070554
fable 4. Pormat ror rtela llata
Lab (LIMS) Number *
1 to 13 characters
L2555 -20
Field Number *
1 to 13 characters
P1233 -3
Project code *
1 to 8 characters
MBLS
Sampling Date *
8 digits YYYYMIv1DD
20000119
Sampling Time *
4 digits HHMM (Military)
1305
Station Code *
1 to 10 characters
MBLS18
Sample Type
1 to 10 characters (Laboratory QC
samples would be identify here
SAMP, EB, FB
Program Type
1 to 4 characters
MON , EXP
Collect Method
1 to 4 characters
G, ACF, ACT
Matrix
1 to 4 characters
SW, GW, BFI
Sampling Depth (m) *
1 to 4 digits
0.5
Parameter Name *
1 to 30 characters
TP04, TKN,
OPO4
Storet Code
5 digits. If code is <5 digits, then
leading zeros must be used
665
Method Name
1 to 20 characters (EPA or EPA
accepted SOP #
SM450OPF
Analysis Date *
8 digits YYYYMMDD
20000120
Analysis Time *
4 digits HHMM (Military)
1400
Practical Quantitative Limit
9 digits total, 4 decimals (F9.4)
0.016
Method Detection Limit *
9 digits total, 4 decimals (F9.4)
0.004
Result *
9 digits total, 4 decimals. For result
values that are below detection limits,
the result value shall equal negative
MDL and the remark code shall be U.
0.05
Units *
1 to 8 characters
mg/L
Batch
1 to 13 characters used to link sample
with laboratory QC submitted
10 or WG100
Remark Code
1 to 3 Characters ( as specified in
District flagging criteria
U
1 to 240 characters (no commas in Large amount of
Comments between comments) Laboratory QC suspended solids
samples shall use this field to indicate in the sample
the original sample spike or duplicate.
0
Page 13of 24, Exhibit " C' ' to Agreement No. U L070554
16C2
Project Library
An electronic project library shall be generated by the County to document project specific
requirements. The library is created using ADaPT. The District Project Manager or assigned staff
will review, approve and maintain the electronic project library prior to use. This library will be
used by the County and District staff during EDD error check and data validation process. Any
changes in laboratory protocols that affect the project library need to be communicated to the
District and once approved incorporated in the project library.
Task 3: Surface Water Sample Collection, Analyses and Data Deliverables for Projects CCWQ and
1MKS
The County shall collect surface water samples from 49 CCWQ and 5 IMKS stations identified
in Table 1 for the parameters, sampling frequencies, analytical methods and method detection
limits (mdl's) as listed in Table 2. Sampling and analysis for projects CCWQ and IMKS shall be
performed as described in the County's FQM and LQM and as described in Task 1. Data
deliverables shall be provided to the District in accordance with the requirements of Task 2, Data
Transfer.
All samples shall be collected in accordance with the County's FQM which requires collection at
0.3m below the surface when the total water depth is 1.5 meters or greater and bottom readings
when total depth is also 1.5 meters or greater. Surface and bottom measurements of pH, DO,
salinity, specific conductivity and temperature will be measured at all CCWQ and IMKS stations
whenever the depth of water exceeds 1.5 meters, to determine if there is stratification. If the
depth of water is less than 1.5 meters, only surface measurements are collected. Stage recordings
(staff gauge readings) shall be noted for sites where this instrumentation is available.
Task 4: SGGE Surface Water Sample Collection
The seven (7) SGGE sites identified in Table 1 shall be visited during the wet season generally
from May to October. Sampling is not to exceed six (6) events per year and SGGE sites are to be
sampled only when there is sheet flow occurring across a sampling location as outlined in the
Picayune Strand's Water Quality Monitoring Work Plan. A sample trip will be scheduled only
after observations confirming flow conditions are made at SGGE sites during a CCWQ /lMKS
water quality monitoring event. Flow observations combined with rainfall events must provide
reasonable assurance that adequate water levels will exist within the SGGE project area to justify
a sampling event., This information shall be communicated with the District Project Manager for
concurrence prior to scheduling a sampling event.
The County will follow the methodology for determining flow as described in section 5. 1.1 of the
Water Quality Monitoring Work Plan for Picayune Strand. The methodology is as follows:
"Flow will be determined by disturbing the sediment or .particulates away from
(downstream and downwind) the designated sample site. Using a white or light — colored,
opaque piece of plastic (such as the underside of a secchi disk) placed at least six inches
below surface in the disturbed area, flow will be determined visually by any evidence of
Page 14of 24, Exhibit " C' ' to Agreement No. M L070554
16C2
sub - surface movement of particles across the white background ".
SGGE surface water samples are collected at mid -depth as specified in the Water Quality
Monitoring Work Plan for Picayune Strand and referenced by the QASR and (FDEP) marsh
sampling protocol. Sample collection and analysis shall adhere to General Quality
Assurance /Quality Control (QA/QC) requirements and data format and deliverable requirements
listed in Task 1 and 2. Samples shall not be collected if the water column is less than 10 cm deep
and shall be noted in the field notes.
Task 5: SGGE Surface Water Sample Analysis and Data Deliverables
All SGGE samples collected under Task 4 shall be analyzed by the County for the parameters
listed in Table 2 and adhering to the requirements of Task 1 for laboratory analysis Data
deliverables shall be provided to the District in accordance with the requirements of Task 2, Data
Transfer.
The total number of samples to be analyzed for project SGGE during the six sample events shall
not exceed 50 samples including the required quality control samples (6 events * 7 sites = 42
samples plus 8 QC samples, i.e. EB, FCEB, RS's). Parameters to be collected are listed in Table
2.
Page 15of 24, Exhibit " C' ' to Agreement No. ML070554
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Task 6: Reporting
1bC2
Quarterly reports for data collected for projects CCWQ and IMKS shall be submitted within 60
days of the end of the reporting period (i.e. data for the period Jan. — March shall be submitted by
May 31). The quarterly report shall also include project SGGE if it was sampled during the
quarterly period. Quarterly reports shall include the following:
1) Identify activities undertaken during the reporting period
2) State any problems encountered (including missed samples)
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 summary report (scanned in PDF format) which include:
- - _report of analyses for each analyte or parameter per sample; -- -- - -- -- - -- --
- QC Report - % RPD/RSD, % MSD/MSDs/DUPs, % Recovery,
- ICVs, CCVs, LCS, ICB, CCBs, MBs;
- Calibration report (graph/data) — showing r values
- run logs
- COC and field sheets
The report shall, at a minimum, include /discuss the following:
I. Project Background (Introduction)
• Purpose of monitoring project
• Period covered by report
11. 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 Dorn, Niskin, Alpha
bottles including type and capacity)
➢ Laboratory Analysis
• Provide analytical method, instrument type /model used and method
detection limit (MDL) for each parameter (if MDL changed during
year, list MDL value and date of change)
• Summarize 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 23of 24, Exhibit " C' ' to Agreement No. ML070554
• Include how these problems were resolved and what steps taken to 16 C 2
ensure they won't be repeated. Discuss delays due to hurricanes,
tropical storms, or other unforeseen events.
III. Results and Discussions
• Discuss any effects of climatological and hydrologic events
(hurricanes, tropical storms, drought, etc.)on sampling during the
reporting period
V. COUNTY IN -KIND SERVICES CONTRIBUTION
The County shall contribute in -kind services which include field sampling services (equipment
and personnel), in house laboratory analysis, project management and quarterly -data summary -- -- -- -
reports.
VI. CONTINGENCIES
The County shall make every effort to complete all tasks as described. The County shall notify
the District Project Manager of any problems that may occur which would inhibit the collection
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 24of24 , Exhibit "C' ' to Agreement No. ML070554
1602
EXHIBIT " 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 SGGE shall be included with the quarterly invoice only if sampling events occur within
the quarterly invoicing period since sampling is based on flow conditions. There will be no
separate payment for Tasks 1 and 2.
All electronic data deliverables and reports shall be submitted within 60 days of the end of the
quarterly reporting period, (i.e. data for the months of January, February and March shall be
submitted by May 31). All invoices 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 District/FDEP QAQC criteria. The total not to
exceed consideration to be provided by the District under this agreement is $160,000.00 for
FY07, $166,400 for FY08, and $173,056 for FY09.
Payment and Deliverable Schedule in accordance with Exhibit "C' ' Statement of Work
Task
Deliverable Description
FY07
FY08
FY09
Payment Amount
Payment Amount
Payment Amount
1
General Quality Assurance /Quality
$0
$0
$0
Control (QA/QC) Requirements
2
Data Transfer
$0
$0
$0
3
Surface Water Sample Collection,
$32,225/Qtr not to
$33,514 /Qtr not to
$34,855 /Qtr not to
Analyses and Data Deliverables for
exceed $128,900/yr
exceed $134,056/yr
exceed $139,420/yr
Projects CCWQ and IMKS
4
SGGE Surface Water Sample
$1,100.00 per event
$1,144.00 per
$1,190.00 per
Collection
not to exceed six
event not to exceed
event not to exceed
events at $6,600 /yr
six events at
six events at
$6,864/yr
$7,140 /yr
5
SGGE Surface Water Sample Analysis
$130.00
$135.20
$140.60
and Data Deliverables
per sample not to
per sample not to
per sample not to
exceed 50 samples at
exceed 50 samples
exceed 50 samples
$6,500 /yr
total at $6,760/yr
total at $7,030 /yr
6
Reporting
$4,500 /Qtr not to
$4, 680 /Qtr not to
$4,866.50/Qtr not
exceed $18,000 /yr
exceed $18,720/yr
to exceed
$19,466/yr
Total Payments per Fiscal Year
$160,000
$166,400
$173,056
Page loft , Exhibit " D' ' to Agreement No. ML070554
SOUTH FLORIDA WATER MANA(
November 20, 2008
Mr. Raymond Smith, Director
Collier County
Board of County Commissioners
3301 East Tamiami Trail
Naples, FL 34112
Dear Mr. Smith:
.-
16C2
Subject: Contract # 3600001301 - A01/ML070554
Collection and Analyses of Surface Water Quality Samples in Collier
County
Please find enclosed two (2) copies of the subject document. Please have them signed
by an individual with signature authority on behalf of your organization. Please include
documentation to demonstrate official delegation of signature authority up to the contract
monetary limits. Also, please find enclosed the Contract documents which incorporate
your suggested changes.
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.
Your cooperation and timely response will be greatly appreciated. Should there be any
questions, or if you require any additional information, please contact me.
Sincere
Bernadette Harrison In
Contract Specialist
Procurement Department
bharriso @sfwmd.gov
(561) 682 -6378
FAX: (561) 681 -6275
BH /cdl
Enclosure
3301 Gun Club Road, West Palm Beach, Florida 33406 • (561) 686 -8800 FL W ATS 1- 800-432 -2045
Mailing Address: P.O. Box 24680, West Palm Beach, FL 33416 -4680 www.sfwmd.gov