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.
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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.
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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.
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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
:
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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.,
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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.
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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.
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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.
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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
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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.
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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.
......
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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.
......
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