Resolution 734-1989
Environmental Resources
,:
-,
'-'.....:
'. ,
r,-',
RESOLUTION NO. 734-1989
,..
C
L..:
__I
LL
:,5~
A RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS
AUTHORIZING THE MAYOR/CHAIRMAN TO ENTER INTO A
CONTRACT, ON BEHALF OF MONROE COUNTY, FLORIDA, WITH
THE FLORIDA KEYS lAND AND SEA TRUST FOR COMPLETION
OF A WATER QUALITY MONITORING PROJECT ENCOMPASSING
MARINE WATERS OF THE FLORIDA KEYS
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY,
FLORIDA, that the Mayor/Chairman of said Board is hereby authorized to
execute a contract on behalf of the Board of County Commissioners with the
Florida Keys Land and Sea Trust, a private not for profit organization in
the state of Florida. A copy of the scope of services and the contract are
attached and incorporated by reference.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe
County, Florida, at a regularly scheduled meeting held on 22nd day of
November, A.D. 1989.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
BY~~
Mayor/Chairman
(Seal)
Attest: DANNY L. KOLHAGE, Clerk
~ ~,,'/)tt.
Clerk
'"
8'f
(I N T R. A r: 'f'
THIS CONTRACT, is made and entered into on this 22nd day of November,
A.D. 1989, by and between Monroe County, Florida, a political subdivision of
the state of Florida, hereinafter referred to as "COUNTY,' and the Florida
Keys Land and Sea Trust, Post office Box 536; Marathon, Florida 33050,
hereinafter referred to as "CONSULTANT."
WIT N E SSE T H
WHEREAS, the CONSULTANT represents that they are~rofessionally
qualified to produce and analyze the required water quality data; and
WHEREAS, the COUNTY wishes to employ the CONSULTANT to carry out the
necessary water quality sampling and assessment project;
NOW, THEREFORE, in consideration of the mutual covenants and conditions
hereinafter contained, the COUNTY does hereby employ the CONSULTANT and the
CONSULTANT hereby accepts employment under the terms of this CONTRACT.
Article I - Financing
Section 1.
'I'he funding for the services required under this CONTRACT shall be
provided by the COUNTY to the CONSULTANT in the amount of $75, 000. All
payments shall be made according to the schedule described in Article III of
this CONTRACT. The total payment for the services and work products
produced by the CONSULTANTS shall not exceed $75,000 except by a mutually
agreed upon amendment to this CONTRACT for additional professional services
not described in Article II, Scope of Professional Services, or as provided
in Article V of the CONTRACT.
Article II - Scope of Professional services
Section 1.
The CONSULTANT agrees to provide professional services in accordance
with the following requirements:
(a) General Project Requirements.
A water quality sampling and assessment study will be performed by
the CONSULTANT to assess water quality at 30 locations throughout
Monroe County. At each sampling location a general description of the
dominant benthic cover will be provided. Seasonal temporal
differences will be assessed (winter and summer). Daily temporal
differences shall be assessed for oxygen only during each scheduled
sampling (dawn and dusk). Sampling will be carried out at three points
along a linear onshore/offshore transect at each site. Samples shall
be taken at two different depths to assess vertical gradients. Water
samples shall be analyzed for for at least sixteeA different physical,
chemical, and biological datum elements. A sediment sample will be
taken in one location at each site, during the winter only, for use in
heavy metal testing. Water and sediment samples will be analyzed using
accepted and standardized oceanographic methodology. Two interim
reports and a final report and analysis shall be provided.
(b) Specific Project Requirements.
i) Sampling Sites.
The locations, which may be changed upon written agreement
between the CONSULTANT the COUNTY, will include a site in:
Flamingo, Madeira Bay, Long Sound, Manatee Bay, Blackwater
Sound, Barnes Sound, Manatee Keys, Molasses Reef (Key Largo
National Marine Sanctuary - KLNMS), Carysfort Reef (KLNMS),
Shark Reef (KLNMS), Largo Sound, Plantation Key ocean side
nearshore, Hens and Chickens reef, Key Largo (Ocean Shores),
Alligator Reef, Lower Matecumbe (Port Antiqua), Rabbit Keys,
2
Duck Key, Marathon (Boot Key Harbor and Rachel Key), Sombrero
Reef, Big Pine Key (Port Pine Heights and Docter's Arm
Subdivisions), Looe Key (Loue Key National Marine Sanctuary -
LKNMS), Newfound Harbor Keys, Middle Torch Key, Sawyer Key, Boca
Chica Key ("Sub Pens"), Sand Key, and Key West (Fort Zachery
Taylor) .
Upon initiation of the project the COUNTY and the CONSULTANT
will identify the final location for each sampling site except for
those site previously chosen and sampled (15 sites). For the
final report these shall be identified by LORAN coordinates for
future reference.
The CONSULTANT will provide a qualitative characterization of
each of the sampling locations with reference to dominant
benthic cover and substrate. This should include a general
characterization of the community and the substrate (eg. hard
bottom community on coral/oolite rock substrate).
ii) Temporal Sampling.
""'.
Each site chosen will be sampled twice daily and on a
seasonal basis. Dawn and dusk sampling for oxygen only will be
used to assess the photosynthetic and respirative processes in
the water column over it's associated benthic community.
Seasonal sampling will be carried out in the winter months,
January to March, and during the summer months, July to September,
to assess gross variability.
iii) Transects.
Each sampling location will be sampled at three different
sites along an onshore / offshore transect. Dimensions of the
transect will be established at the time of project initiation
except for the sites that the CONSULTANT has previously chosen and
sampled.
iv) Vertical Sampling Profile.
3
Two water samples will be taken at all sampling sites. These
will be taken within the water column near the surface and at the
bottom in order to assess vertical stratification or gradients
primarily in physical parameters.
v) Sampling Parameters.
Ten different sampling parameters will be measured during the
study which will generate sixteen datum elements per sample.
These parameters include:
1. Temperature
2 . Salini ty
3. pH
4. Conductivity
5. Redox Potential
o. Dissolved Oxygen
7. Turbidity
8. Chlorophyll
9. Dissolved Nutrient Pools
- total nitrogen
- total phosphorous
- ammonium
- nitrate/nitrite
- orthophosphate
10. Particulate Nutrient Pools
- carbon
- nitrogen
- phosphorous
It is understood that most of this analysis will be done
by the CONSULTANT at their facilities and that some of the
samples will sent to another qualified lab for quantification
and analysis. At project initiation the COUNTY and the
CONSULTANT shall identify and agree upon the lab involved.
vi) Sediment Samples.
At one site within each sampling location a sediment
8ample will be taken for heavy metal analysis. Percent
4
moisture vdll be provided as well. These samples will be
taken during the winter sampling period. The metals to be
identified are:
- zinc
- lead
cadmium
- copper
- iron
- merc;ury
It is understood that these samples will be sent to
another qualified lab for quantification and analysis. At
project initiation the COUNTY and the CONSULTANT shall
identify and agree upon the lab involved.
vii) Reports and Meetings.
The CONSULTANT agrees to produce two interim reports and
a final report and to meet with the COUNTY and it's
comprehensive planning consultants at the completion of each
to discuss the results. Each report should be formatted in a
standard scientific style; introduction, methodology,
results, and conclusions. Comparisons of all parameters
shall be made for data within each site, between each site,
and for temporal and spatial relationships. Correlations
shall be provided for temporal and spatial parameters as well
as related physical, chemical and/or biological parameters.
Each report will provide an analysis of the data accompanied
by a comparison with relevant literature and accepted DER
and EPA standards for the reported water quality parameters.
Discussions of the significance of any differences in
temporal or spatial information, as well as, physical,
chemical, and biological parameters shall be provided. A
discussion of the data shall be comprehensive so that COUNTY
planners and their planning consultants may readily interpret
the analysis and incorporate it into the Technical Support
and Policy elements of the Comprehensive plan.
5
Section 2.
Notice to Proceed.
Notice to proceed with the ~roject as outlined in Article I,
section 1. shall be given in writing by the Assistant County
Administrator for the Monroe County Growth Management Division upon
execution of this CONTRACT between the COUNTY and the CONSULTANTS.
Section 3. Work Schedule.
(a) Completion of the first interim report and meeting with the
COUNTY shall occur no later than 31 December 1989.
(b) Completion of the second interim report and meeting with the
COUNTY shall occur no later than 30 April 1990.
(c) Completion of the final report and meeting with the COUNTY
shall occur no later than 31 October 1990.
(d) If engineering services are required under State Statute and
the Consultants Competitive Negotiations Act, that those services not
be performed as part of this contract.
Section 4.
Reviews.
The COUNTY, in order to assure that the work schedule is being
~roperly met by the CONSULTANT may request progress reports and updates
as necessary to meet it's schedule to complete the comprehensive plan
required under Chapter 163, Florida Statute (1989), and Rule
9J-12.006(24), F.A.C.
Sectlon 5.
Project Manager.
Unless otherwise provided the project manager and contact person
shall be the Monroe County Director of Environmental Resources who
works under the authority of the Assistant County Administrator for the
Growth Management Division.
Article III - Payment for Services
Section 1.
Total Payment.
In consideration of the performance of all of the services described in
Article II of this CONTRACT, except as provided in Article I, the COUNTY
shall pay the CONSULTANT $75,000 in the individual amounts specified below
6
which shall constitute full and complete payment for all services performed
under the terms of this CONTRACT.
Section 2.
Partial Payment.
(a) Upon completion and submittal of the first interim report the
COUNTY shall pay the CONSULTANT $37,500.
(b) Upon completion and submittal of the second interim report the
COUNTY shall pay the CONSULTANT $18,750.
(c) Upon completion and submittal of the final report the COUNTY will
pay the CONSULTANT $18,750.
Section 3. Method of Payment.
Following the completion of a task, the submission to the COUNTY
Director of Environmental Resources of any work product(s) required under
the task as specified in Article III, Section 2., and the acceptance by the
Director of Environmental Resources of the work product(s) and services
rendered as meeting the requirements of this CONTRACT's scope of services,
the CONSULTANTS will submit an invoice in the amount appropriate according
to the above schedule for the task to the COUNTY. The CONSULTANTS may
provide itemized invoices for payment on a monthly basis if they desire.
Payments for any month will not exceed payment requirements for each task
submitted to that date. Payment by the COUNTY shall be made within 30 days
of the submission.
Section 4.
Accounting and Records.
Records of the CONSULTANT'S direct personnel payroll and expenses
pertaining to this CONTRACT and records of accounts between the COUNTY and
the CONSULTANT shall be kept on a generally recognized accounting basis and
shall be available to the COUNTY or an authorized representative during
business hours.
Article IV - County Responsibilities
3ection 1.
7
1'he COUNTY shall meet with the CONSULTANT to finalize sampling
locdtions and logistical parameters related to sampling at the initiation of
the CONTRACT. The COUNTY will meet with the CONSULTANT at least three times
as required in Article II, Section 1. (b) vii) and other t,ilnes as needed
in order to clarify project objectives and/or the content of scientific data
and analysis provided in required reports.
Article V - Modification, Curtailment and/or Termination
Section 1.
Project Modification.
Additions to, modifications, or deletions from the scope of services
outlined in Article II may be made by the COUNTY and the CONSULTANT, and the
compensation to be paid to the CONSULTANT may be adjusted accordingly by
mutual agreement of the parties. Change orders, excluding completion date
changes, will not be effective until approved by the Board of County
Commissioners of Monroe County, Florida. It is distinctly understood and
dgreed that no claim for extra work done or materials furnished by the
CONSULTANT will be allowed by the COUNTY except as provided herein, nor
shall the CONSULTANT do any work or furnish any materials not covered by
this CONTRACT unless such work is first authorized in writing by change
order. Any such work or materials furnished by the CONSULTANT without such
written authorization first being given shall be at their own risk, cost,
and expense, and the CONSULTANT hereby agrees that without such written
authorization, that they will make no claim for compensation for such work
or materials furnished.
Section 2.
CUrtailment and/or Termination of Services.
Except as it may be restricted by Art. I, the COUNTY and the CONSULTANT
hereby agree to the full performance of the covenants contained herein. The
COUN'rY reserves the right, at its discretion, to terminate or curtail the
services provided in this CONTRACT for any misfeasance, malfeasance or
nonperformance of the CONTRACT by the CONSULTANT.
In the event the COUNTY shall terminate or curtail the services or any
part of the services of the CONTRAc'r after an appropriate notice to proceed
has been provided for requirements under Article II, Sec. 2, the COUNTY
shall notify the CONSULTANT in writing and the CONSUL'l'AN'r shall discontinue
8
performing the services under this CONTRACT within thirty (30) days after
receipt of such notice. Where such termination is due to negligent
performance or failure to perform the CONTRACT, the CONSULTANT will be
liable to the COUNTY for damages caused thereby, and all sums due the
CONSULTANT shall be stopped.
Upon such termination, the CONSULTANT shall deliver to the COUNTY all
text, data and other documents entirely or partially completed, together
with all unused materials supplied by the COUNTY.
Upon termination, the CONSULTANT shall appraise the work they have
completed and submit their appraisal to the COUNTY for their evaluation and
determination of payment as herein described.
The CONSULTANT shall receive their compensation in full for services
performed to the date of such termination or curtailment. This payment
shall consist of the appropriate percentage of the total compensation that
the task satisfactorily completed bears to the total work required in
Article II, and shall be in the amrnlnt to be agreed mutually by the
CONSULTANT and the COUNTY. If there is no mutual agreement, the CONSULTANT
shall provide the COUNTY with records, and the COUNTY will employ the same
method as a guide in the final determination. The COUNTY shall make this
final payment within sixty (60) days after the CONSUL~ have delivered the
last of the partially completed documents together with any records that may
be required to determine the amount due, unless either party has served the
other with a written request to arbitrate a dispute.
When the work is terminated because of Article V, by mutual consent, or
when the termination is due to negligent performance, or for failure to
perform the CONTRACT, there shall be no limitation upon the COUNTY as to the
subsequent use of documents or ideas incorporated therein for the
preparation of final studies, plans and/or documents, and the COUNTY
reserves the right after thirty (30) days following a written termination
notice to the CONSULTANT, to take over the services and follow them to
completion by contract with others.
Article VI - Miscellaneous Provisions.
Section 1.
Non-discrimination.
9
Tne CONSULTANT agrees that it will not discriminate against any of
their employees or applicants for employment because of their race, color,
religion, sex, or national origin, and to abide by all Federal and state
laws regarding non-discrimination. Any violation of such provisions shall
constitute a material breach of this CONTRACT.
Section 2.
Arbitration of Disputes.
Any dispute arising under this CONTRACT which is not settled by the
COUNTY and the CONSULTANT in ten (10) days shall be decided by an
arbitration board composed of a representative of the COUNTY, a
representative of the CONSULTANT, and a representative mutually acceptable
to the COUNTY and the CONSULTANT. The CONSULTANT shall continue to render
all services requested in this CONTRACT without interruption,
notwithstanding the provisions of this section.
Section 3.
Ownership of Documents.
All documents including, but not limited to, data, lab reports,
computer print outs, and report documents which are obtained or prepared in
the performance of this CONTRACT are to be and will remain the property of
the COUNTY and are to be delivered to the Project Man~er before the final
payment is made to the CONSULTANT. The CONSULTANT agrees that they will not
release data, analysis, or reports authorized under this CONTRACT for
publication or presentation in any media prior to receipt, acceptance, and
release of the data, analysis, and documents required under this CONTRACT.
The CONSULTANT agrees that only upon release by this governmental body would
any materials be released. The CONSULTANT may retain originals of all
materials rendered under the provisions of the CONTRACT with no restrictions
on it's separate use so long as a provision is made that any additional use
of the data, analysis, and/or reports for further publication is cited as to
source.
Section 4.
Provision of Data Base and Documentation.
The CONSULTANT will provide the COUNTY with a reproducible original of
each report and a data base including all water quality sampling parameters
required under the provisions of this CONTRACT. The CONSULTANT will also
provide the COUNTY with computer disk copies of all data and reports in a
10
format: which may be utilized or converted for use on IBM 36 or Mackintosh
computers.
Section 5.
Assignment of CONTRACT.
This CONTRACT shall not be assignable in whole or in part without the
written consent of the parties hereto, and it' shall extend to and be binding
upon the heirs, administrators, executors, successors and assigns of the
parties hereto.
Section 6.
Anti-kickback.
The CONSULTANT warrants that no person has been employed or retained to
solicit or secure this CONTRACT upon an agreement or understanding for a
commission, percentage, brokerage, or contingent fee and that no member of
the COUNTY has any financial interest in the CONSULTANT. For breach or
violation of this warranty, the COUNTY shall have the right to annul this
CONTRACT without liability or, in its discretion, to deduct from the
CONTRACT price or consideration, the full amount of such commission,
percentage, brokerage or contingent fee.
Section 7.
Claims.
""
The CONSULTANT agrees to hold harmless and indemnify the COUNTY against
all claims of whatever nature arising out of the performance of work under
this CONTRACT whether in contract, tort or otherwise and whether claimed by
third parties or the CONSULTANT themselves.
11
:
IN WITNESS WHEREOF, the parties hereto have executed this CONTRACT on
the date and year first written above.
BOARD OF COUNTI CO~ISSIONERS
OF M)NROE COUNTI, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
FLOR IDA KEYS LAND AND SEA mUST
By
Title
Witnesses
A/WtOVEDAS TO FORM
AND LEGAL SUFF, fiNey.
12
tijJ