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Item M12 BOARD OF COUNTY COMMISSIONERS AGENDA ITEM SUMMARY Meeting Date: 20 November 2002 Division: Growth Management Bulk Item: Yes l No Department; Marine Resources AGENDA ITEM WORDING: Approval of minor revisions to an agreement between Monroe County and Florida International University to continue water quality monitoring in the Little Venice area, approved at the October 2002 meeting (Item 13). ITEM BACKGROUND: The Monroe County 2010 Comprehensive Plan requires that the County monitor water quality improvements that result from the improvement of wastewater facilities. The Little Venice Wastewater Improvement area was chosen as the principal monitoring site for at least three reasons, it is a hotspot area, it contains a large number of cesspits, and it is the first wastewater project to move forward toward completion. Monitoring is on going, supported by funds from U.S. Environmental Protection Agency. Continuing monitoring will be funded by the County using grant funds provided by the Florida Department of Community Affairs. Two years of monitoring is required prior to completion of the wastewater improvement project at Little Venice. Monitoring will continue to test for water quality improvement after the project is completed. PREVIOUS RELEVANT BOCC ACTION: March 2001 - Approval of a contract revision to DCA Grant Agreement to support project October 2002 - Approval of agreement CONTRACT/AGREEMENT CHANGES: Administrative revisions and clarification. No substantive changes. STAFF RECOMMENDATIONS; Approval TOTAL COST: $242.912 BUDGETED: Yes ---X- No COST TO COUNTY: None REVENUE PRODUCING: Yes No ---X- AMOUNT Per Month Year APPROVED BY: County Atty --X- Risk Management DIVISION DIRECTOR APPROVAL: o Growth Managrnent DOCUMENTATION: Included ~ To Follow _ Not Required DISPOSITION: AGENDA ITEM NO.: jl1/~ BC020910 08/27/0212:13 PM CONTRACT FOR WATER QUALITY MONITORING AT LITTLE VENICE, MARATHON, FLORIDA THIS CONTRACT is entered into by MONROE COUNTY, a political subdivision of the State of Florida, whose address is the Marathon Government Center, 2798 Overseas Highway, Marathon, Florida 33050, hereafter the County, and The Florida International University Board of Trustees, Southeast Environmental Research Center whose address is 11200 SW 8th Street, Miami, Florida hereafter SERC. Section 1. The SERC and the County, for the consideration named agree as follows: 1. The SERC will continue a water quality monitoring program and protocol precisely as prescribed in the SERC's current agreement with the U.S. Environmental Protection Agency (EP A) for monitoring the Little Venice area, entered into on 10/1/94 and bearing contract number X-994622194. A. Said water quality monitoring quality control assurance program are provided as Exhibit A and describes a three-year monitoring and quality assurance program (The "Program"). The Program is entering its second year. B. Minor revisions to the Scope of Work for the Program, such as sampling frequency, type of samples, and sampling locations may be SWMP Li3 11/04/024:39 PM made upon mutual consent of the parties as indicated by the respective Program managers in writing. Said revisions shall not reduce the quality of work accomplished or compromise the overall goal of the monitoring project. Such revisions should be made in consultation with the U.S. Environmental Protection Agency and the Florida Department of Environmental Protection. 2. The County agrees to fund the second and third year of the water quality monitoring program through a third party grant agreement with the Florida Department of Community Affairs (FDCA). Section 2. In consideration of the services described above, SERC agrees to provide quarterly reports of all of its activities documenting the number, location, and type of samples taken, the types of analyses completed and the overall results. Said quarterly reports will be for 8 consecutive quarters based on the current EPA contract with SERC. The County agrees to fund the 5th through 12th quarters of monitoring work and the corresponding quarterly reports for those periods. 1. Said quarterly reports will be provided to the County through its contract manager listed below and shall be accompanied by an invoice documenting the service provided by the SERC and the appropriate payment amount. Contract 11/04/02 4:39 PM z Section 3. The County shall pay SERC a total of $242,912 as follows: Upon receipt of an invoice for any individual quarter or sum of quarters and corresponding quarterly report(s) the County agrees to pay an amount of $30,000 per quarter. Payment will be based on a complete review and approval of the quarterly report by the Director of Marine Resources. In the terminal quarter (quarter 12) the County will pay the SERC an amount of $32,912, in fulfillment of its contract obligations with the FDCA. The County will process invoices from SERC within 30 days of receipt. Section 4. Either party may terminate this Contract because of the failure of the other party to perform its obligations under the Contract. If the County terminates this Contract because of the SERC's failure to perform, then the County must pay the SERC the amount due for all work satisfactorily completed as determined by the County up to the date of the SERC's failure to perform plus any non -cancelable commitments entered into by SERC in furtherance of this agreement, and minus any damages the County suffered as a result of the SERC's failure to perform. The damage amount must be reduced by the amount saved by the County as a result of the Contract termination. If the amount owed the SERC by the County is not enough to compensate the County, then the SERC is liable for any additional amount necessary to adequately compensate the County up to the amount of the Contract price. Contract 11104/02 4:39 PM 3 Section 5. The SERe acknowledges and agrees that public use of any or all reports or other printed materials, videos, audio recordings, films and photographs produced as part of this Plan may not be restricted under the copyright laws of the United States of America. Section 6. Records of the SERC's direct personnel payroll and other costs and expenses pertaining to the Program and records of the accounts between the County and the SERC must be kept on a generally recognized accounting basis and must be available to the County. The records also must be in form sufficient to permit a grant specific audit to be performed in accordance with the rules of the Auditor General. The SERC must keep the records for five years following the completion of the Program. Section 7. The SERC acknowledges that all records, data, and documents created as part of the Program are public records under Chapter 119, Florida Statutes except insofar as they are exempted from Ch. 119 Fla. Statutes Section 240.241 (2). If subject to Ch. 119, the documents must be made available at a reasonable place and time upon the request of a member of the public. Failure to do so is a breach of this Contract entitling the County to treat the Contract as terminated on the date of the violation of Chapter 119, Florida Statutes, with the County's obligation to pay extending only to work completed as of that date plus amounts previously retained, if any, and all non -cancelable commitments entered into by SERC in furtherance of this agreement. Contract 11/04/024:39 PM 4 Section 8. In the course of carrying out the water quality monitoring program, the SERC may not discriminate against any employee because of race, age, creed, color, sex or national origin. The SERC will take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to their race, age, creed, color, sex, or national origin. Such action may include, but need not be limited to, the following: employment upgrading, demotion, or transfer; recruitment or recruitment advertising; lay-off or termination; rates of payor other forms of compensation; and selection for training, including apprenticeships. The SERC must insert language similar to this Section in any of the SERC's subcontracts, if any, funded through this Contract except for subcontracts for standard commercial supplies and raw materials. Section 9. In carrying out the water quality monitoring program, the SERC must comply with the requirements of the Americans With Disabilities Act and federal regulations issued under that Act. Section 10. The SERC warrants that it has not employed, retained, or otherwise had act on its behalf any former County officer or employee subject to the prohibition of Section 2 of Ordinance No. 010-1990 or any County officer or employee in violation of Section 3 of Ordinance No. 020-1990. For breach or violation of this provision, the County, in its discretion, may terminate this Contract without liability and may also, in its discretion, deduct from the Contract 11/04/024:39 PM 5 Contract or purchase price, or otherwise recover the full amount of any fee, commission, percentage gift, or consideration paid to the former County officer or employee. Section 11. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crime may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not perform work as a contractor, supplier, subcontractor, or SERC under contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017 of the Florida Statutes, for the Category two for a period of 36 months from the date of being placed on the convicted vendor list. Section 12. The SERC agrees to maintain adequate insurance or equivalent as provided in Exhibit B. Section 13. All communication between the parties should be through the following individuals or their designees: Monroe County George Garrett, Director Department of Marine Resources 2798 Overseas Highway, Suite 420 Marathon, FL 33050 SERC Dr. Ronald Jones Florida International University Southeast Environmental Research Cntr. 11200 SW 8th Street Miami, Florida 33199 Contract 11/04/02 4:39 PM 6 Section 14. The effective date of this Contract is January 1,2002, and this contract shall terminate on THE REMAINDER OF THE PAGE LEFT INTENTIONALL Y BLANK Contract 11/04/02 4:39 PM 7 NOV-05-02 14,33 FRUM.MUNRO~ COUN1~ M"~ Urrl~~ lUJ~~L~LJ~lb r'~\"..t:. 1 / I Section I. IN WITNESS WHEREOF each party hereto has caused this Agreement to be executed by its duly authorized representative. (SEAL) Attest: DANNY L. KOLHAGE. CLERK BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTY, FLORIDA By By Deputy Clerk Mayor/Chainnan (SEAL) FLORIDA lNTERNA TIONAL UNIV., BOARD OF TRUSTEES S01J11IEAST ENVIRONMENTAL RESEARCH CENTER Attest: By Title By Title APPROVED AS TO FORM AND LEGAL SUFFICIENCY ATTORNEY'S OFFICE ConUKt 11/04/02 4:S0 PM 8 EXHIBIT A Water Quality Sampling Program for the Little Venice Sewage Collection and Treatment Project in Marathon, Florida Appendix A 11/04/024:39 PM .Sep 29 02 07:09p Helen Forlon~ 305-348-4096 p.2 /..... ~L'~."~ /7 ~ /T WATER QUALITY SAMPLING PROGRAM FOR THE LITTLE VENICE SEWAGE COLLECTION AND TREATMENT PROJECT IN MARATHON, FLORIDA Ronnld D. Jones and Joseph K Boycr Southeast Environmental Research Center Florida JnlemaLional University Miami, FL 33099 305-348-3095, innc~rd(cj)tiLl.cdu, boyerj@:fiu.edu BACKGROUND The ocean side area ofVaca key from Vaca Cut (cast) to 94th Street (west), Marathon, Florida has a large pcrccntagc o[hous~$ and trailers that are currently serviced by inadequate septic ~tank systems or cesspit disposal. This are has been collectively called . the "Little Venice" Service Area, whereas in fact, Little Venice Subdivision is located on the westeml110st portion of the service area. The Little Venice Service Area includes approximately 540 rcsidences (Figurc 1). The Little Venice Service Area was selected as the first phase ofwastewater improvements for the Marathon Service Area because of the large nwnber of homes on cesspits, the small average size of lots, the density of homes, and known water quality problems in the canals thal occur in the area. Water qualiLy orthe 89th - 91'1 Street canals was thorough ly studied in 1984-1985 as part of the Florida Department of Environmental Regulation'li Monitoring Study (FDER, 1987). That study demonstrated significant nutrient enrichment of the canals, high chlorophyll a content, and high coprostanol concentrations in sediments. Coprostanol is a break-down product of cholesterol and is an indicator of fecal contamination. The Little Venice Service Area will receive a 10\v-pressure, vacuum wastewater collection system that will transmit wastewater to a central treatment plant. The treatment plant will produce effluent that meets or exceeds the current advanced wastewater treatment (A WT) standards of 5:5:3:1 (BODS. TSS, TN, TP) ,md will uSt: a Class V injeclion well for disposal of lr<;:aLed wastewater. Central collection and treatment of wastewater will remove a substantial portion of nuu'ient loading into the canals by removing the sources of wastewater (poorly functioning septic ta:1ks and cesspits) . SAMPLING PROGRAM The purpose 0[thi5 water quality sampling program is to document ,...rater quality improvements in the canals of the Little Venice Service Area, The sampling program consists of two phases. Phase 1 wllJ be conducted for two years prior to the initiation of operation of the ctmtral sewage treatment system. Phase 1 will establish existing conditions in the canals within the service area. Phase 2 will be conducted for two years Sep 2S 02 07:0Sp Helen Forlon~ 305-348-40S6 p.3 \ after initiation oCthe central sewage treatment system and will document changes in water quality and sediment chemistry of the canals. Four canals within the Little Venice Service Area will be selected for sounpling (Figure l). Canal 1 and 2 are 3. connected "V-shaped" canal system located at 11 ih Street. These canals may receive better ti&l flushing than other ccmals within the Service Area because ofthcir flow-through design and their relatively short length. Canals 1 and 2 are lined with single-family residences that were constructed prior to 1970 and a high percentage of those residences a.re thought to have no sewage treatment systems (cesspits). C::uul 3 is located adjacent to looth Street and Canal 4 is located adjacent to 97111 Street. Both Canal 3 and 4 are dead-end canals that are lined with single-family houses and mobile homes. Many of these residences are thought to have poorly functional septic systems or cesspits. The 91'l Street canal has been selected as a ref~rence canal and is located outside the Little Venice Service Area. Historic water quality and sediment data exist for this canal (FDER 1987). Field Samplin~ Regime Nine sampling stations were chosen for this project: two per canal with an extra in the U- shaped 11th Street canal (Fig. 1). Stations were located at the mouth ofthe canal and at the dead-end with the exception ofthe 11 ih Slreet canal where there is only one station in the U end and two at each mouth. Each of the 9 stations will be visited weekly via small boat. Surface and bottom mea.surel11ents of temperature, salinity, and dissolved oxygen (DO) will be performed at each station. Duplicate water samples will be collected in mid-channel at 1 meter below surface. Water samples will also be collected just below the surfac~ for bacteriological analysis. To ensure that we capture the greatest potential terrestrial inputs, sampling will be perfolmed on the low, low tide whenever possible. Localiz:oo data [Tom a ongoing study by FlU of the Florida Keys National Marine Sanctuary will be used as the background ambient water quality in the nearshore waters for comparative purposes. Nutrient Analvsis Water samples will be analyzed for total nitrogen (TN), total phosphorus (TP). and chlorophyll a (Chla) by the SERe laboratory using standard methodology outlined in the Quality Assurance Project Plan (QAPP). Once a month the samples will be analyzed for the [ull suite of nutrients including ammoniwn (N~ +). nitrate + nitrite (NOx), nitrite (N02'), silicate (Si(OH)4), soluble reactive phosphate (SRP), and total organic carbon (TOC). Some parameters will not be measured directly, but calculated by difference. Nitrate (NO)') will be calculated as NO~' - NO)'. Dissolved inorganic nitrogen (DIN) will be calculated as NOx' + N'"H/. Total organic nitrogen (TON) will be defined as TN - DIN. Diurnal Samoling In addition to the weekly sampling program, each month we will deploy 2 ISCO autosan1plers at rotating sites which will be programmed to collect 12 samples per day ovcr a 2 day period. Water samples will be analy~ed [or TN and TP. Hydrolab datasondes will accompany the autosamplcrs and will measure and log temperature. Sep 29 02 07:09p Helen Forlon~ 305-348-4096 p.4 salinity, DO, and pH on an hourly basis. This will result in diurnal profiles of physical and chemical variables associated with tidal cycles and precipitation events. Bacteriol02ieal Analvsis Water samples will be collected as above and transported to Davis Labs?? for enumerd.tion of enterococci. Sediment Samol;ng Sediment samples at each site plus a duplicate site will be collected annually (10 per yr) using a PVC corc device. Thc top 5 cm of the corcs will be analyzed for a suite of heavy metals, coprostanol. and pesticides by the SERe labs. PARTNERS FDEP and EPA personnel at Marathon (Gus Rios and Bill Kruczyinski) are very interested in the initiation of this project. FDEP will supply a boat and office space for a technician for this project. Thc Naturc Conservancy has also expressed interest in supplying volunteers for sample collection. REPORTING Reporting will include production of a geo-referenced station map, quarterly data reports, and an annual interpretive report. The principal investigator will be responsible for ensuring the results are compiled and the complete data set is submitted in a timely fashion to the contractor. Upon completion of the analysis of samples from each quarterly period, the principal investigator will produce a statistical summary of the data in a logical format based on . the station design. The statistical summary will include calculated averages, sample variances, ranges, and number of samples. When appropriate. the principal investigator will provide the summaries in a graphical fom1at. The principal investigator will submit a data and narrative report documenting the results of each quarterly survey. The data report will include the raw data in STOREY format and statistical sununaries in hard copy and on disk. The investigator will evaluate the data in accordance with the data quality objectives developed in the QAPP. After completion of analysis of san1plcs from thc fourth quarterly survey, the principal investigator will produce statistical summaries of the data collected at each station to be incorporated into an annual report. All data will be evaluated in relation to the data quality objectives developed in the QAPP. The data will be analyzed using appropriate statistical tests of significance to meet the $pecific objectives o[thc monitoring program. 'Sep 29 02 07:10p Helen Forlonc:'; 305-348-4096 p.5 COSTS Costs for the Little Venice Water Quality Sampling Program are estimated to be $363,000 for four years of sampling (phase 1 and 2) or $90,750 per year (Table 2). Total cost is based on the following costs for analyses: salinity, temperature, and dissolved oxygen - $1.50 per sample; total phosphorus and tot:ll nitrogen - $10.00 per samplc~ chlorophyll a - $5.00 pcr sample: suitc of nutrients - $15.00 per sample~ fecal coliforms- $20 per sample; and enterococci - $25.00 per sample. This included analysis of 10 sediment samples each year for heavy melals, pesticides, and coprostanol at no charge to the project. 'Sep 29 02 07: lOp Helen Forlonc; 305-348-4096 p.6 Table 1. Sarrplirg Schedule for Little Venice Water Quality Samplirg~rog~rT) .Pha~ed~ .(2 years) _~ .......... '. '''_'__.__''._ ..... ....e' _.-. ... Hour1yParameters (rotating) salinity temperature .. '" _~~~~9.~~~ q.~~n Pt1 - .... - .[)i':J~I_p'~@~~rs.(r:c?~~fJJJ. _.' total nitrogen .. .~o.~IJ?~~et.!?~~., .. ~ _n . W,eekly Parameters surface sali nity bottom salinity .s.~ace..~~r.!.Iper~ture ~C!tt~'!l t~~era~u~. . s~~ce ~i_~~0(~9 .o.~~!!. bottom ~i.ssolved oxygen ...~~1:?I. nj~~.~n total phosph:m.JS chlorophyil a fecal coliform enterococci Number of. Samples Canal 1 , Canal 2 Canal3 Canal4 Total 288 288 288 288 144 ,- ,.-.- -. ,- . 144 208 208 208 208 208 208 208 208 208 208 ." .. '... -. . ... 208 288 288 288 288 144 144 208 208 208 208 208 208 208 208 208 208 208 288 288 288 288 ... '. .. .... ~ '... ,-, -.- ..-. . 288 288 288 288 1152 1152 -". _. ..- '..- ...-.---.. ". ......- 1152 . ~. _.' _,_,_,,,_ """__ .-...-.--1 1152 ..._.._ ._.. "0..' ,~_.. ._... .... .-. ._.. ......-...--.-......-. 144 144 576 ... --, ...... .-..'. _.- -... 144 144 576 208 208 208 208 208 208 208 208 208 .-..- ,-.- _..... 208 208 . .'...- ..._-- -....... ...,.. ... -.--. ---- -.....~...... .__._- I - ---- - ._-~ .. 312 936 312 936 ~. ~.. .. ..' ,. ... .-..". .-. 312 936 312 936 312 936 312 936 312 936 312 936 a_.__ .._..__.a.._ ,a......__._.....~....._ --.-...-.-. .,. .?.!2. ._ . _.. ~~?__ ___.__. j 312 936 312 936 .. . _.. _._-.._--_......-._.~. ..--....-., j I - .............- '. ~. '.-" ........... '.. ~.. ........,.....-.. .....---..-.-.--. .,.-.... rv10nthly Parameters nutrients (N02, N03, NH4, 48" 48 ......-...48..--.-.- 72----2'1.6"--...---[ .. . ....$ RP,-TqC:.~."((q~...: ..~. .. .=~. '.~=-'~ ,-' :~-.~~~ '_~_'=~~=~ --==:'~~..--... --., --...--..... ~ ~'~~~~:. ~~-.::: , , , . _.... __.... .._ _...._............._.__.. . - ... __.._.. .. __on. ......_....._..... .~. . .__._ h'" . Annual Parameters ..-.,..... .... ..-.... ..... ..-. ...... ?Jp~~tarol (sediment) ~ayY metals (sediment) ~~~ti,c:id~s ~?ediment) 2 2 2 2 2 2 2 2 2 3 3 3 9 ......-\......--.......... 9 9 Phase 2 (2 years) samplirYJ vvil! follow the same proto.col9.~.P.~.~.~.1.U'!J.~~.~__~:_=~~~~-=; unforseen adjustments to the samplirg program are warrented. I - . .. _.. ...,_..' -... -..... ............ .. ...... .. ..... ......----...--! 'Sep 29 02 07: lOp Helen Forlonc; 305-348-4096 p.7 Figure 1 Little Venice Service Area Sampling Stations Flcrlda 118y .,. .; ~... \I'''.Cl.l~, ,.....' ..:... . .......41 11211\ $/:T':" N w--f-' .~ ~7~~ 51.",- I rr ..~.~ ,., r .... ~-,~......, '"- ::l g1a-Q2nd St. 'r . . 1M} ie~~ : .e..oIl ' 0' :l -10- Atl..~1C OC&8n D.S I D.S 1 Miles EXHIBIT B Insurance Requirements SERe, a State of Florida agency, will provide proof of general liability insurance coverage under the State of Florida Casualty Insurance Risk Management Trust Fund, established pursuant to sectin 284.30, Florida Statutes, and administered by the State of Florida, Department of Insurance, and will provide worker's compensatin insurance as required by statute. Appendix E 9/26/2002 I :24 PM