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Resolution 292-1986 Monroe County Commission RESOLUTION NO. 292-1986 A RESOLUTION AUTHORIZING THE MAYOR OF MONROE COUNTY, FLORIDA, TO EXECUTE A GRANT AGREEMENT BETWEEN THE STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL REGULATION AND MONROE COUNTY FOR FUNDS TO CONDUCT WATER QUALITY STUDIES. WHEREAS, it is desired to know how the widespread use of septic tanks in the Florida Keys portion of Monroe County is affecting near shore water quality, and WHEREAS, the only way to determine such effect is to extensively monitor near shore waters for a considerable period of time, and WHEREAS, the State of Florida Department of Environmental Regulation has made a $40,000 grant available for such monitoring, and WHEREAS, in order to take advantage of the grant the grant agreement must be entered into by September 30, 1986, now, therefore, BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA, as follows: The Mayor of Monroe County is hereby authorized to execute, on behalf of Monroe County, a Grant Agreement between the State of Florida Department of Environmental Regulation and Monroe County, a copy of same being attached hereto and made a part hereof, for near shore water quality studies and research. PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida, at a regular meeting of said Board held on the 19th day of September, A.D. 1986. BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA BY: .. (SEAL) APPROVED AS TO FORM ANDLEGALSUFA~ENCY. ~,. BY.." ..~ ~ " ~~.. Dill Contract. No. CM - 170 DEPARI'MENT OF ENVIl-K)NMEN'rAL REX>ULATION AGREEMENT FOR M:>NROE COJN'I'Y WATER OJALITY MJNITORING This agreement is made and entered into between the State of Florida D2pa.rtment o"f Envirorunental Regulation and MJnroe County, (hereinafter called DER and CCNI'RACTOR respectively). WITNESSETH : WHEREAS, th~ DER has responsibility for disbursement of federal funds appropriated under the Coastal ZOne Management Act of 1972, as aITEnded; and, WHEREAS, the Coastal ZOne Management Improvement Act of 1980 requires state coastal ~gement efforts to provide for the management of coastal rescurces; NOW, THEREFORE, in consideration of the mutual covenants, promises and representations herein, the CCNTRACTOR and DER hereby agree as follows: SECI'ION' 1. Scope of Services. The CONTRACTOR shall perform the services and specific responsibilities as set forth in AttachITEnt A, attached hereto and made a part hereof. SECTION' 2. COMPENSATION. FOr satisfactory performance, the CONTRACTOR on a cost reimbursement basis. contract shall not exceed $40,000. DER agrees to compensate the M:lxirrum corrpensation under this SOCTION' 3. PAYMENTS. , - A. The CONTRAC'IDR shall suhnit invoices, on a convenient ba.sis, but . not nore frequently than nonthly, itemizing project expenditures by authorized budget category including appropriate supporting docwnentation. These invoices must be in a DER approved format and must contain a statement -by the CONTRACTOR that certifies that the itemized expenditures have been paid, all goods and services have been received, none of the items have been previously billed, and all of the charges represent authorized expenditures under the terms of this agreement. 'The DER will review and approve these invoices if progress on the tasks outlined in Attachment A is satisfactory and if the charges are appropriate to this agreement. A final invoice corrpleting itemized expenditures shall be submitted to the DER within 30 days of contract completion and must be identified as a final invoice which satisfies all claims the CONTRACTOR has against DER under the terms of this contract. In the event the Ca~TOR provides invoices equaling the total project budget prior to receipt of the final prcx1uct, the DER reserves the right to withhold payment of up to 10% of the total project budget pending receipt and acceptance of the final report. 1 B. Authorized budget cat8gories and supporting docwnentation required on invoices are: 1. Travel/per diem - copy of a State of Florida Travel Voucher wi th appropriate receipts. Reinbursement for all travel/per diem expenses shall be in accord:lnce with Chapter 112.061, F.S. . 2. Contractual invoices with supporting docwnentation identical to that required of the prime CONTRACTOR. With the exception of travel/per diem, which Ill.1st be in accordance wi th this agreement, all corrpensation rates are negotiable between the COO'I'RAC1OR and subcontractor subject to final con.sent by DER. 3. Nonexpendable Equipment copies of the invoice with documentation that the tenns of SEX::TICN 9 have been met. 4. Rental/Lease of Equipment - copies of invoices for all items rented or leased. 5. Other Expenses (e.g. materials, supplies, telephone, reproduction, mailing, etc.) - copies of invoices for all items purchased. SEX::TION 4. Time of Performance. This agreement shall cover the period from the date of execution or September 30, 1986, whichever is later, throogh September 29, 1987 subject to approval of Attachment A by the Office of Ocean and Coastal Resoorce M3.nagement, National Oceanic and Atrrospheric Administration (hereinafter called OCRM/NOAA) . S"OCTICN 5. Approvals and Notices. A. The CONTRACTOR's project manager is Andy Hooten, telephone (305) 294-5487. '!he DER project manager is James W. Stoutamire, Office of Coastal -. M3.nagement, telephone 904/488-4805 or (SUncom) 278-4805. DER reserves the right to approve. changes in project managers upon receipt of a written request; however, thi.s approval will ndt require a contract amendment. All matters shall be coordinated with or directed to the project managers for proper disposition. B. Any notice or other written comnunications between the CONTRACTOR .....'Snd the DER shall be considered delivered when posted by certified mail or delivered in person to the respective project manager. C. Either party may, from time to time, request changes in the scope of the services to be performed hereunder, with concomitant adjustments in the consideration to be paid. SUch changes which are Ill.1tually agreed upon between the DER and the CCNI'RAC1OR shall be incorporated in written amendments to the agreement. D. This agreement may be extended or renewed shoold addi tional funds and/or time become available to continue the project. Any extension or renewal will be contingent on approval of an extension or renewal of the availabili ty of these funds by the OCRM/NOAA. 2 SECTION 6. W:J_rk/Reports Required. A. project Initiation Report This report shall be submi t ted wi thin thO weeks of the contract beginning date and shall include, for approval by OER: narres, brief credentials' and rates of pay of staff persons assigned to the project, a project schedule based on the tasks in Attachment A and an estimated project budget subdivided by authorized budget categories. B. Progress Reports Progress reports shall be submi tted every three rronths beginning January 1, 1987. Thes~ reports shall consist of a summary of the work corrpleted on the project'j to date and shall be b3.sed on project tasks listed in Attachment A. progress reports shall also include any press clippings or press notices r~lated to this project. C. Final Report The final report in eight copies shall be in accordance with the r9:Iuirements of Attachment A and shall be submitted no later than the conpletion date of the contract. O. Ownership of Ibcuments All reports prcduced and other data gathered by the CONTRPC'IDR for the purpose of this contract shall becorne the nutual property of the OCRM/NOAA, the OER, and the CONTRAC'IDR withoot restriction or limitation ~n their use and shall be made available by the CONTRAC'IDR at any tirne upon request of the OER. E. Copyrights Books, publications, or other copyrightable materials developed under this agreement may be copyrighted provided that the OER and the OCRM/NOAA .. reserve a royalty-free nonexclusive and irrevocable right to reprcduce, publish, or otherwjse use, and to authorize others to use, the materials for goverrunent purposes. . F. Ibcumentation The cover or title page of all reports, studies, maps or other documents resulting from contracts supported in whole or in part by this ......grant shall ackoowledge the financial assistance provided by the OER and by the Coastal Zone M3.nagernent Act of 1972, as amended, administered by the OCRM/NOAA. SECTION 7. Subcontracts. A. The CONTRAC'IDR shall not subcontract, assign, or transfer any work under this agreement withoot the written consent of the OER. W"len applicable, and upon receipt of such consent in writing, the CONTRAC'IDR shall cause the names of the firms responsible for such portions of the work to appear on such work. B. 'Ihe .CONTRl\C'IDR agrees to notify the OER of all subcontracts no less than ten days prior to the effective date of the subcontract for the : 3 purpose of approval by the DER. 'rile CONTRACIDR agrees to provide the DER with an executed copy of all subcontracts within ten days after the effective date of the subcontract. C. The CONTRACIDR agrees to be responsible for the fulfillrrent of all work elements included in the subcontracts and agrees to be responsible for the payrrent of all rronies due under any subcontract and hold the DER harmless from any liabilities or damages arising under or from any subcontract hereinunder to the 'extent permitted by law. D. The CONTRACIDR agrees to include the pertinent portions of SEX::I'IONS 3(8), 6" 8, 9, 10, 16(8), and 17 of this agreement in all subcontracts payable from, funds received from this agreement in whole or in part. SEX::I'ION 8. United states Government Involvement. A. This agreement is funded in part by a grant from the OCRM/NOM. In exchange for Coastal Zone Management funding, the CONTRACTOR agrees to abide by and conply with OM3 Circular A-I02 and A-87. B. The CONTRACTOR agrees that the DER, the Corrptroller General of the United states or any of his duly authorized representatives and the United states Secretary of Oommerce or any of his duly authorized representatives shall, until the expiration of three years after expenditure of funds under this agreement, have access to and the right to examine any directly pertinent tooks, dOCl.lm:!nts, papers, and records of the CONTRACroR involving transactions related to this agreement. The CONTRACTOR agrees that paynent(s) made under this agreement shall be subject to reduction for aIlO.lnts charged thereto which are found on the basis of audit examination not to constitute allOiVable costs under this agreement. The CONTRJICTOR shall refund by check payable to the DER the arrO.mt of such reduction of paynents. All required recor,ds shall be maintained until an audit is conpleted and all questions arising. therefrom are resolved, or three years after completion of the project and subn:i.ssion of a final invoice, whichever is sooner. SECI'ION 9. Non-Expendable Equipment and Personal Property. Purchase of non-expenda.ble equipment or personal property costing ....-over $100 IIUst be authorized in wri ting by the DER. The CONTRAC'IDR may retain title to equipment approved under this SEX::I'ION at corrpletion of the contract uIX>n written request and approval by the OCRM/NOAA, if applicable, and the DER. SEX::I'ION 10. Non-supplanting. Federal funds made available for state or local projects under the Coastal Zone Management Act of 1972, as arrended, may not be so used as to supplant state or other funds that woold be available in the absence of such federal funds for coastal~e management program activities, but rather will be so used as to increase such state or other funds available for coastal zone management., 4 SErI'ION 11. ResIXJ.nsibilities of DER. The DER shall: A. Provide guidance, assistance and coordination to the extent necessary aI1d feasible: B. Provide reference dOCllllents as required: C. Provide for tirrely review of drafts and interim reports, and furnish comments, suggestions or approvals as appropriate: D. Provide for r~view of the final report draft and furnish comments within twenty working days. SErI'ION 12. Decisions by the DER. All services shall be performed by the CONTRACTOR to the satisfaction of the Secretary of DER or her designated representative, who shall decide all questions, difficulties, and disputes of whatever nature which may arise under or by reason of the agreement, the prosecution and fulfillrrent of the services hereunder and the character, quality, am::::unt and value thereof. The secretary's decision upon all claims, questions and disputes shall be final, conclusive and binding upon the parties hereto. This section shall not preclude any party from seeking relief by filing a petition for an administrative hearing pursuant to Chapter 120, F.S. .. SECTION 13. Termination of Agreement. A. Termination for Convenience This contract may be terminated by either party at any tirre prior to fulfillrrent following thirty calendar days written notice, delivered by . certified mail return receipt requested, to the other party. The CONTRAC'roR shall be paid fo!" services performed and/or costs incurred based on an estimate of tl1at portion of the work that has been completed, as determined by the DER. B. Termination for Cause __ If the CONTRAC'roR shall fail to fulfill in a tirrely and proper manner 1 ts obligations under this contract, or if the CONTRAC'roR shall violate any of the covenants, agreements, or stipulations of this contract, the D~ shall thereupon have the right to terminate this contract by giving written notice to the CONTRAC'IOR of such termination and specifying the effective tirre/date thereof. In that event, all items or materials furnished by the DER and any finished or unfinished reports, notes, or field data prepared by the CONTRAC'IOR shall immediately be delivered to a place designated by DER, and the CONTRAC'IOR shall be entitled to receive just and equitable compensation for any satisfactory work or services completed. Notwithstanding the above, the CONTRAC'IOR shall not be relieved of liability to the DER for damages sustained by the DER by virture of any breach of the contract by the CONTRJlC'IOR, and the DER may withhold any payrrents to the CON'I'RAC'IDR for the purpose of setoff until such tirre as the exact am::::unt of damage due the DER is determined. 5 C. Termination Based Up::>n withdrawal of Federal FUnds This contract is subject to. the availability and continuation of federal funding anticipated at the tine of execution. Shoold funding be discontinued or reduced, the contract will be terminated or anended, as appropriate, and the CONTRAC'IDR shall be compensated for work or services conpleted. D. Termination for Refusal to Allow Public Access to Records The DER reserves the right to unilaterally cancel this agreement for refusal by the CONTRAC'IOR to allow public access to all documents, papers, letters, or other ~terial subject to the provisions of Chapter 119, Florida statutes and rrade or re<?eived by the CONTRP.C::'IOR in conjunction with the contract. I SEX:I'ION 14. Disclaimer of Liability. The CON'I'RAC'IDR hereby agrees to indemnify, defend, save and hold hannless the DER from all clains, demands, liabilities, and suits of any nature whatsoever arising out of, because of, or due to any negligent act or occurrence of omission or corrunission of the CONTRAC'IDR, its agents, or employees to the extent pennitted by Florida law. S&::rION 15. Interest of the CONI'RACTOR. The CONTRP.C::'IDR covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which woold conflict in "any manner or degree with the performance of services required to be performed under this contract. The CONTRAC'IDR further covenants that in the performance of this contract no person having any such interest shall be employed. SEX:I'ION 16. Personnel. A. To the extent required by law, the CCNrRACIDR will secure and maintain such insurance as will protect it from clains by employees under the Workers I Corrpensation Act and from clains by employees for b::>dily injury; death, or property darrage which may arise from the performance of its services under this contract. '-. B. '!he CONTRAC'IOR assures that the program supported by the grant will be conducted in corrpliance with Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amended, (42 use 2000d) and the requirements irrposed by the regulations of the D=partm:mt of COIl1Irerce (15 CFR Part 8) issued pursuant to that Title. In accordance therewith no person in the United States shall, on the groond of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the C<JNTRlIC'IOR receives federal financial assistance and the CONTRAC'IOR will ilTIlTEdiately take any measures necessary to effectuate this .agreement. 6 SECTION 17. Officials not to Benefit. No member of or delegate to Congress, or resident Commissioner, shall be admitted to any share or part of tl1is contract or to any benefit that may arise therefrom. SECTION 18. Covenant Against Contingent Fees. The CONTRACTOR warrants that it has not employed or retained any corcpany or person, other than a b:ma fide employee working solely for the CONTRACTOR, to solicit or secure this agreement, and that it has not paid or agreed to pay any.person, company, coq:x)ration, individual, or firm, other than a bona fide employee working solely for the CONTRACTOR, any fee, corcunission, percentage, "Igift or other consideration contingent upon or resulting from the award or making of this contract. FOr breach or violation of this. provis.ion, the DER shall have the right to terminate the agreement without liability and, at its discretion, to deduct from the contract price, or otherwise recover, the full amJUnt of such fee, corcunission, percentage, gift, or consideration. '!he DER shall further be responsible for reporting the details of such breach or violation to the proper legal authorities, when and Where appropriate. SECTION 19. Agreement as Including Entire Agreement. This instrument eml:xx1ies the entire agreement of the parties. There are no provisions, terms, conditions or obligations other than those contained herein; and this agreement shall supersede all previoos communication, representation or agreements, either verbal or written between the parties hereto. M:)NROE COJNTY \. ~~~~~'J:~--~\ STATE OF FWRIDA, DEPAR'IMENT RON.'-1ENTAL REGULATION ~. lq, Iq~b --FEID Number: 596000749 Da te: Date: ?S,,/Ift APPROVED AS TO FORM AND LEGAL SUr-Fie !.ENCY.~. /"} A t/! __ / /A:7 ,?y e~~r~~ -- ttorneY'!J Off/{;p 7 Attachment A Monroe County Water Quality and Septic Tank Research Proposal Background Definitive.data are lacking on the impacts of septic tanks, cesspools and other on-Site sewage disposal systems on the geological facies and water quality of the Florida Keys. In order to best plan for future growth and development,. it 1s imperative that local government be provided with accurate and up to date information on the impacts from the current management of human-related wastes. To date, the perceived impacts and existing regulations associated with on-site sewage disposal are based on information derived from geological environments different from the Florida Keys. The Florida Department of Health and Rehabilitative Services is presently 1n the process of designing special regulations for on-site sewage disposal systems specifically for the Florida Keys. As the scientific community agrees that tropical marine systems (and other tropical ecosystems as well) are nutrient limited, these proposed regulations may not adequately protect nearshore water quality 1n the long term if nutrient rich effluent is emitted into ground and nearshore waters. Monroe County is also in the process of adopting new regulations for a land use plan for the unincorporated areas of the County. As presently proposed, the new plan would contain stricter regulations for the placement of on-site sewage disposal systems than the regulations proposed by ~-HRS. Based on the Local Governmental Comprehensive Planning Act, while local government regulations can be more restrictive than state law, the case of HRS regulations pose rather a problem. A separate County department (the Monroe County Health Department) will be responsible for issuing on-site sewage disposal system permits (septic tanks or alternative systems) under the authority of Chapter 10D-6, while the local Planning, Building and Zoning Department will also regulate the placement of such syst~ms with respect to land use. In order to provide the best data possible for land use decisions'in the Florida Keys, this research proposal presents methodology which will monitor and evaluate the impacts on water quality of existing on-Site sewage disposal systems ~urrently used 1n this area. 1 G 0 Description and Project Tasks In coordination with a subcontractor, Monroe County proposes a long term monitoring of septic tanks and recent H R S - a p pro' v e d a 1 t ern a t i v e s (i. e. "M u 1 t i f 1 0 ") 0 n e f flu e n t movement through the different geological facies of the Keys and the potential impacts of these systems on groundwater and nearshore water quality. This proposal entails the use of Rhodamine WT dye placed in existing on-site sewage disposal systems (OSDS) and tracking the movement of this dye through the strata. It also involves intensive nutrient analyses of OSDS, groundwater, canal waters and nearshore waters. Specific Project Description and Methods Water quality sampling will involve determination of four major inorganic ions of nutrients taken during this study. The nutrients of concern are ammonia, n~trate and nitrite as the nitrogen species, and phosphate as the phosphorus sp~cles. These samples will be taken through boreholes at varying depths by an Isco sampler or another type of pumping system. (For example, in the case of the "Multi-flow" wells where drilling may have to be taken to depths of 60 ft., such samples may be taken through an acid washed PVC 1/2" in-take pipe and brought up to the surface by a pump where they will be put into plastic Nalgene 1- liter containers.) Regardless of the sampling technique, all samples will be filtered on-site through a 0.45 micron filter and frozen quickly for later analysis in the laboratory. Analysis of the nutrients wil~ be performed using an Autoanalyzer~II Technicon Nutrient Determination system. Sampl~ng Breakdown ~-A comprehensive list of the sampling sites are as follows: Septic Tanks 1). 4 sites with Miami Oolite as the substrate (at least one site being a filled lot over oolite) 2). 4 sites with Key Largo Limestone as the substrate (at least one site being a filled lot over K.L. limestone) "Multi-flo" systems 1). One site In Key Largo Llmestone 2). One site in Miami Oolite 1 6 1 Additional sampling sites 1). Ambient nearshore waters (Key Largo Limestone & Miamt oolite) 2). Nearshore groundwater outfalls (near Btg Pine Key) 3). Canal water"s (Key Largo Limestone & Miami oolite) 4). Upland groundwater borehole stations on Big Pine Key. {I Control station away from development (i.e.Key Deer National Wildlife Refuge) and 1 upland sampling station in a developed area.} 5). Upland borehole (control) station in Key Largo Limestone. Sampling process All sites will be sampled on a monthly basis for nutrient analyses. The data generated from these samples will establish the background data or "endpoints" for the entire study. For nutrients, the sampling process w~ll involve 2 samples per point, the points at each site being itemized as follows: I). Septic Tank ~ites P01nt a)- canal or adjacent water body Point b)- intermediate hole (this hole to be bored specifically for this study) -. Point c)- septic tank II). "Multi-flo" sites Point a)- at the source of system output Point b)- three varied depths (surface,middle and bottom) within an adjacent borehole drilled specifically for this study Point c)- in adjacent water body (if applicable). III). Additional sites. a) Two (2) upland s1.tes- one control site in an ~ndeveloped portion of Big Pine Key, one in a developed subdivision. Six (6) samples per borehole at varying depths (surface, middle & bottom). b) One (1) upland ccin~rol site in Key Largo limestone (6 samples per borehole at varying depths (surface, middle & 1 'q (:) .:. bottom). c) Two (2) samples taken at the remaining sites (canal and nearshore waters) per month. To summarize this section with an example, a standard septic tank site with two (2) samples per point will generate a total of six vials to be analyzed for nurtrients. The data generated from those samples will constitute one month's sampling for that particular site. Rhodamine dye sampling An intensive time series sampling of rhodamine dye will be conducted at four of the sites. Each site will have this time series run on two separate occassions, one series during a dry period, and one during a wet period. The sites to be tested are: a) -one site in Key Largo Limestone septic tank group b) -one site in Miami Oolite septic tank group c) -the site of Key Largo Limestone "Multi-flo" d) -the site of Miami Oolite "Multi-flo" The experimental method of these analyses are as follows: .. 1 ) . two interval hole borings from OSDS to adjacent water body (t.e. canal) placem~nt_ of Rhodamine WT dye in existing OSD$ sampling of water from hole borings flourometric testing for presence and concentration of dye. 2 ) . 3) . 4 ) . ~.Note: This time series sampling will be conducted during two of the normal monthly sampling periods for nutrient analyses at the four sites, thereby allowing for comparisons of dye migration and nutrient content. The purpose for two sampling periods at each site is to observe dye migration during one dry and one wet period. The rhodamine dye samples will be taken using Boro-silicate glass tubes for sample holding. The Boro-silicate is needed to prevent any appreciable absorption of rhodamine onto the wall of the container flask. Containers such as plastic bottles will not be use~ for sample holding because of this problem. The levels of rhodamine will be determined using a Turner Model 10 flourometer. This flourometer will be additionally used to determine a standard curve of rhodamine concentr~tjon vs. flourescence using the same dye source that will be used for the rhodamine injections. 1 6 3 Sa11nty Salinity will be taken at all instances of water quality sam p l1 n g " bot h for the rho d ami n e dye s t u d Y t est as we II as the nutri~ntdeterm1natlons. Salinity will be determined using an American Optical refractometer. ...... "1 6 4 References Hanson, C.E. 1980. Freshwater Resources of Big Pine Key, Florida. United States Department of the Interior Geological Survey, Open-File Report 80-447. 36 pp. U.s. Government Printing Office: 1980 - 648-491/3915. Region 4. LaPointe, B.E. 1985. Strategies for pulsed nutrient supply to Gracilaria cultures in the Florida Keys: Interactions between concentration and frequency of nutrient pulses. J. Exp.Mar.B10l. Ecole, 1985, Vol. 93, pp. 211-222. ...... '1 6 5