Resolution 302-1986
RESOLUTION NO.
302-1986
A RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE
ON BEHALF OF MONROE COUNTY A CONTRACT WITH
INTERNATIONAL MARINE RESEARCH, INC., FOR A
NEARSHORE WATER QUALITY STUDY.
WHEREAS, it is desired to conduct a nearshore water quality
study in order to determine the possible effect of effluent on
the County's tropical marine systems; and
WHEREAS. the Florida Department of Environmental Regulation
has made a grant available for such a study and the County has
accepted the same; and
WHEREAS, International Marine Research, Inc., of Big Pine
Key is professionally qualified to conduct such a study and the
County and International Marine Research, Inc. have negotiated a
mutually acceptable agreement contracting International Marine
Research, Inc. for the study; now, therefore,
BE IT RESOLVED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA, as follows:
The Mayor of Monroe County, Florida, is hereby authorized to
sign and execute, on behalf of Monroe County, a contract with
International Marine Research, Inc., Brian LaPointe, President,
for certain nearshore water quality studies.
PASSED AND ADOPTED by the Board of County Commissioners of
Monroe County, Florida, at a regular meeting of said Board on the
3rd day of October, A.D. 1986.
BOARD OF COUNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By ~'.t\~~ ........:""'-'-,,~
Mayor/Chairman
(SEAL)
Attest:DANNY L. KOLHAGE, Clerk
APPROVED AS TO FORM
ANDLEGA SUFRC~NC~
1/
?~
CONTRACT
THIS CONTRACT, made and entered into this 3rd day of Octo-
ber, 1986, by and between MONROE COUNTY,FLORIDA, a political
subdivision of the State of Florida, hereinafter referred to as
the "COUNTY", and INTERNATIONAL MARINE RESEARCH, INC., hereinaf-
ter referred to as the "CONTRACTOR".
WIT N E SSE T H
WHEREAS, MONROE COUNTY contains tropical marine systems
which are nutrient limited and may become endangered if nutrient
rich effluent is emitted into ground and nearshore water;
WHEREAS, Chapters 163 and 380, Laws of Florida, impose a
continuing duty upon MONROE COUNTY to update its development
regulations and land use plan in order to adequately deal with
problems such as the one described in the preceding paragraph;
and
WHEREAS, the problem of nutrient rich effluent in a tropical
marine environment cannot be addressed without adequate empirical
data; and
WHEREAS, the Contractor represents itself as professionally
competent and capable of performing the empirical studies de-
scribed briefly above;
NOW, THEREFORE, in consideration of the mutual covenants and
conditions hereinafter contained, the COUNTY does hereby employ
the CONTRACTOR and the CONTRACTOR does hereby accept said employ-
ment with the covenants and conditions which follow.
ARTICLE I - FINANCING
Funding for this Contract shall be provided to the COUNTY
for payment to the CONTRACTOR in the amount of $40,000.00 by the
Florida Department of Environmental Regulation. Such funds shall
be the sole source of remuneration to the CONTRACTOR for ser-
vices performed under this Contract, and the COUNTY shall not be
obligated to compensate the CONTRACTOR from any other source.
All payment schedules described in Article XII of this Contract
are hereby specifically made contingent upon the funding
,
described above. Additionally, the COUNTY shall provide in kind
services in an amount up to $10,000.00. The in kind services
shall include the staff time of County employees, the drilling of
all well holes required by Article XI of this Contract and the
installation of PVC pipe within those well holes.
ARTICLE II - TIME OF PERFORMANCE
This agreement shall cover the period from date first
written above until September 29, 1987.
ARTICLE III - APPROVALS AND NOTICES
The COUNTY's project manager is Andy Hooten, Public Service
Building, Stock Island, Key West, Florida 33040 (305)294-5487,
Chief County Biologist, or his successor in that office. The
CONTRACTOR's project manager is Brian E. LaPointe, Route 3, P. O.
Box 297A, Big Pine Key, Florid~ 33040 (305)872-2247. All matters
shall be coordinated with or directed to the project managers for
proper disposition. Any notice or other written communications
between the COUNTY and CONTRACTOR shall be considered delivered
when posted by certified mail or delivered in person to the
respective project manager.
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 mutually agreed upon by the parties shall be reduced to
writing and incorporated as amendments to this Contract and
executed with the same formality as the original Contract.
Regardless of the foregoing, no amendment shall be effective
until approval of the change, in writing, is received from the
Florida Department of Environmental Regulation.
This Contract may be extended or renewed should additional
or time or both become available to continue the project de-
scribed in Article XI. Any extension or renewal shall be contin-
gent on approval of an extension or renewal of the availability
of funding by the Florida Department of Environmental Regulation.
ARTICLE IV -
2
~
>
The CONTRACTOR shall not subcontract, assign, or transfer
any work under this Contract without the written consent of the
COUNTY and the Florida Department of Environmental Regulation.
When applicable the CONTRACTOR shall cause the names of the
firm(s) responsible for such portions of ~he work to appear on
such work.
The CONTRACTOR agrees to notify the COUNTY of all subcon-
tracts no less than fifteen (15) days prior to Jhe effective date
of the subcontract for the purpose of approval by the COUNTY and
the coordination of approval with the Florida Department of
Environmental Regulation.
ARTICLE V - NON-EXPENDABLE EQUIPME~T AND PERSONAL PROPERTY
Purchase of nonexpendable equipment or personal property
costing over $100.00 must be authorized in writing by the COUNTY
and the Florida Department of Environmental Regulation. The
COUNTY shall retain title to equipment or personal property
approved under this section upon completion of this Contract,
upon written request by the COUNTY and approval by the Florida
Department of Environmental Regulation and OCRM/NOAA, if applica-
ble.
ARTICLE VI - NON-SUPPLANTING
Notwithstanding the terms of Article I, the COUNTY reserves
the right to remunerate the CONTRACTOR from any other state funds
designated for coastal zone management activities if the failure
to so utilize such state funds would violate the Coastal Zone
Management Act of 1972, as amended.
ARTICLE VII - PERSONNEL
To the extent required by law, the CONTRAC~OR will secure
and maintain such insurance as will protect it from claims by
employees under the Workers' Compensation Act and from claims by
employees for bodily injury, death or property damage which may
arise from the performance of its services under this Contract.
The CONTRACTOR assures that the project supported by the
funds described in Article I will be conducted in compliance with
3
,
~
Title VI of the Civil Rights Act of 1964 (P.L. 88-352) as amend-
ed, (42 USC 2000d) and the requirements imposed by the regu-
lations of the Department of Commerce (15 CFR Part 8) issued
pursuant to that Title. In accordance therewith no person in the
United States shall, on the ground of rac~, color, or national
origin, be excluded from participation in, be denied the benefits
of, or be otherwise subjected to discrimination under the project
for which the CONTRACTOR received the above described financial
assistance and the CONTRACTOR will immediately take any measures
necessary to effectuate this article.
ARTICLE VIII - UNITED STATES GOVERNMENT INVOLVEMENT
This Contract is funded in part by a grant from the
OCRM/NOAA. In exchange for Coastal Zone Management funding, the
CONTRACTOR agrees to abide by and comply with OMB Circular A-I02
and A-87.
The CONTRACTOR agrees that the Florida Department of En-
vironmental Regulation, the Comptroller General of the United
States or any of his duly authorized representatives and the
United States Secretary of Commerce 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 books, documents, papers,
and records of the CONTRACTOR involving transactions related to
this agreement. The CONTRACTOR agrees that payment(s) made under
this agreement shall be subject to reduction for amounts charged
thereto which are found on the basis of audit examination not to
constitute allowable costs under this agreement. The CONTRACTOR
shall refund by check payable to the Florida Department of
Environmental Regulation the amount of such reduction of pay-
ments. All required records shall be maintained until an audit
is completed and all questions arising therefrom are resolved, or
three years after completion of the project and submission of a
final invoice, whichever is sooner.
ARTICLE IX - PUBLIC RECORDS
4
~
,
The COUNTY reserves the right to unilaterally cancel this
Contract for refusal by the CONTRACTOR to allow public access to
all documents, papers, letters or other materials subject to the
provisions of Chapter 119, Laws of Florida, and made or received
by the CONTRACTOR in conjunction with this Contract.
ARTICLE X
No member or delegate to Congress, or resident Commissioner,
shall be admitted to any share or part of this Contract or to any
benefit that may arise therefrom.
ARTICLE XI - SCOPE OF SERVICES
The CONTRACTOR agrees to provide professional services in
accord with the following requirements:
Description and Project ~sks
The CONTRACTOR shall conduct a long term monitoring of
septic tanks and recent HRS-approved alternatives (i.e. "Mul-
ti-flo") on effluent movement through the different geological
facies of the Keys and the potential impacts of these systems on
groundwater and nearshore water quality. This project 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, nitrate and nitrite as the
nitrogen species, and phosphate as the phosphorus species. 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 feet, 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 one liter
containers.) Regardless of the sampling technique, all samples
will be filtered on-site through a 0.45 micron filter and frozen
5
,
quickly for later analysis in the laboratory. Analysis of the
nutrients will be performed using an Autoanalyzer-II Technicon
Nutrient Determination system.
Sampling Breakdown
A comprehensive list of the sampling,sites are as follows:
Septic TankR
1) Four sites with Miami Oolite as the substrate (at least
one site being a filled lot over oolite)
2) Four sites with Key Largo Limestone as the substrate
(at least one site being a filled lot over Key Largo
Limestone)
"Multi-flo" systems
1) One site in Key Largo Limestone
2) One site in Miami Oolite
Additional sampling sites
1) Ambient nearshore waters (Key Largo Limestone and Miami
Oolite)
2) Nearshore groundwater outfalls (near Big Pine Key)
3) Canal waters (Key Largo Limestone and Miami Oolite)
4) Upland groundwater borehole stations on Big Pine Key.
(One control station away from development [i.e. Key
Deer National Wildlife Refuge] and one 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 form these samples will establish
the background data or "endpoints" for the entire study.
For nutrients, the sampling process will involve two samples
per point, the points at each site being itemized as follows:
I) Septic Tank sites
Point 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
6
I
...
b)
at the source of system output
three varied depths (surface. middle and bottom)
within an adjacent borehole drilled specifically
for this study
Point c) in adjacent water body (i~ applicable)
III) Additional sites
a) Two upland sites - one control site in an undeveloped
portion of Big Pine Key. one is a developed
subdivision. Six samples per borehole at varying
depths (surface. middle and bottom)
One upland control site in Key Largo Limestone. Six
samples per borehole at varying depths (surface. middle
and bottom)
Point a)
Point b)
c) Two 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 samples per point will generate a total of six
vials to be analyzed for nutrients. The date 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 occasions. 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 (i.e. canal)
2) placement of Rhodamine WT dye in existing OSDS
3) sampling of water from hole borings
4) fluorometric testing for presence and concentration of
dye
7
1
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 used for sample holding because of this problem. The levels
of rhodamine will be determined using a Turner Model 10 fluoro-
meter. This fluorometer will be additionally used to determine a
standard curve of rhodamine concentration vs. fluorescence using
the same dye source that will be used for the rhodamine in-
jections.
KVA GeoFlo Groundwater Flow Meter
A KVA GeoFlo Groundwater Flow Meter will be used in conjunc-
tion with the dye methods to help predict dye movement and
"fine-tuning" the design of the time series sampling for the dye
tracer. Data generated by this "state-of-the-art" instrument
will be used as a check on the more traditional'dye method, which
can have problems associated with adsorption to sediments and
photochemical degradation.
Salinity
Salinity will be taken at all instance of water quality
sampling, both for the rhodamine dye study test as well as the
nutrient determinations. Salinity will be determined using an
American Optical refractometer.
ARTICLE XII - PAYMENTS
The total Contract price, if available as described in
Article I, due the CONTRACTOR, under the terms of this Contract,
shall be $40,000.00. Payment shall be made in the manner de-
scribed below.
Following thirty (30) days from the date first written
above, and providing the CONTRACTOR has entered into legally
sufficient leases for a groundwater flow meter and accessories,
8
1
...
and an Isco sampler, the COUNTY shall pay the CONTRACTOR
$10,000.00. Otherwise, invoices, in an amount not to exceed
$2,181.00, shall be submitted on a monthly basis in the budget
categories described infra with appropriate supporting documenta-
tion. The invoices shall be in a format approved by the Florida
Department of Environmental Regulation and the CONTRACTOR shall
certify 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 Contract. A final invoice
completing itemized expenditures shall be submitted to the COUNTY
within fifteen (15) days of Contract completion and must be
identified as a final invoice which satisfies all claims the
CONTRACTOR has against the COUNTY under the terms of the Con-
tract. The COUNTY shall withhold payment of 15% of the total
Contract price pending receipt and acceptance of the final
report.
The authorized budget categories and supporting documenta-
tion are as follows:
a) Travel/per diem - copy of a State of Florida Travel
Voucher with appropriate receipts. Reimbursement for all trav-
el/per diem expenses shall be in accordance with F.S. 112.061, et
seq.
b) Compensation for services performed under this Contract
by the CONTRACTOR or his employees.
c) Nonexpendable equipment provided that copies of the
invoice along with the documentation required by Article V of
this Contract are provided.
d) Rental and lease of equipment provided that copies of
invoices for all items rented or leased.
e) Other expenses such as materials, supplies, telephone
call, xeroxing, mailing and like expenses provided that invoices
are supplied for all items purchased.
ARTICLE XIII - REQUIRED REPORTS
A progress report shall be submitted by the CONTRACTOR to
the COUNTY on December 15, 1986, and thereafter at three (3)
9
i.
months intervals. These reports shall consist of a summary of
the work completed on the project to date and shall be based on
project tasks listed in Article XI. Progress reports shall also
include any press clippings or press notices related to this
project.
The final report in ten copies shall be in accordance with
the requirements of Article XI and shall be submitted no later
than the completion date of the Contract.
All reports produced and other data gathered by the CONTRAC-
TOR for the purpose of this Contract shall become the mutual
property of the COUNTY, OCRM/NOAA, Florida Department of Environ-
mental Regulation, and the CONTRACTOR without restriction or
limitation on their use and shall be made available by the
CONTRACTOR at any reasonable time upon the request of any of the
aforementioned parties.
Books, publications, or other copyrightable materials
developed under this agreement may be copyrighted provided that
th COUNTY, Florida Department of Environmental Regulation and
OCRM/NOAA hereby reserve a royalty-free nonexclusive and irrevo-
cable right to reproduce, publish, or otherwise use, and to
authorize others to use, the materials for government purposes.
The cover or title page of all reports, studies, maps or
other documents resulting from this Contract shall acknowledge
the financial assistance provided by the Florida Department of
Environmental Regulation and by the Coastal Zone Management Act
of 1972, as amended, and as administered by OCRM/NOAA.
ARTICLE XIV - ANTI-KICKBACK
The CONTRACTOR 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 contin-
gent fee and that no member of the COUNTY has any interest,
financially or otherwise, in the CONTRACTOR or its subcontrac-
tors. 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
10
i
""
consideration, the full amount of such commission, percentage,
brokerage or contingent fee.
IN WITNESS WHEREOF, the parties hereto have executed this
Contract on the date and year first written above.
BOARD OF COuNTY COMMISSIONERS
OF MONROE COUNTY, FLORIDA
By
Mayor/Chairman
(SEAL)
Attest:
Clerk
Witness
FIRM NAME
BY~Mt'4~
~~f&t-t ~~~,^.JL ~~
T1t e \ 10 - .r-cM.- ~
~~ \~.
Witness
APPROVED AS TO FORM
AND LEGAL SUFFICIENCY.
~-~,;, ,; .--,? Z" .',' ;~// , /
6'1 "7g ; / - <J{-;;' - ,-'
Attorney's Office /
/
11