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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