HomeMy WebLinkAboutAgenda - 03-02-2010 - 4kORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: March 2, 2010
Action Agenda
Item No. ¢ - ~~
SUBJECT: Contract Award for Surface Water Quality Monitoring -Eno River
DEPARTMENT: Planning & Inspections- PUBLIC HEARING: (Y/N) No
Erosion Control/ERCD
ATTACHMENT(S):
1. Map Showing Proposed Sampling
Locations
2. Contract
3. Copy of Response to RFP and Scope
of Services
INFORMATION CONTACT:
Terry Hackett, Stormwater Resource
Officer, 245-2588
Tom Davis, Water Resources
Coordinator, 960-3878
Ren Ivins, Erosion Control Supervisor,
245-2586
PURPOSE: To consider awarding a contract for surface water quality monitoring in the Eno
River subwatershed.
BACKGROUND: The County proposes entering into an agreement with a qualified consultant
to provide surface water quality monitoring at seven locations in the Eno River subwatershed.
The purpose of this project is two fold:
1) To monitor for illicit discharges into the Eno River subwatershed, in support of the Town
of Hillsborough's National Pollution Discharge Elimination System (NPDES) Stormwater
permit; and
2) To establish baseline water quality parameters in the watershed. The project will take one
year of data collection involving 26 sampling events at seven locations.
Orange County and the Town of Hillsborough entered into a multiyear Interlocal Agreement in
March 2006 in which the County agreed to perform services in order to fulfill certain
responsibilities for the Town's NPDES Stormwater permit. The County's Planning & Inspections
Department, Erosion Control Division is compensated fully for this work.
More specifically, this project is designed to fulfill the need for the Town to identify potential illicit
discharges to the Eno River and selected tributaries. Such discharges are illegal and represent
a potentially significant threat to surface water quality and the biota present in the receiving
stream. Illegal discharges may originate in the stormwater system which is present both inside
and outside of the corporate limits of the Town of Hillsborough.
2
Staff designed a proposed sampling protocol which is intended to aid in the identification of
potentially illegal discharges to the streams in the Hillsborough area (upstream and down
stream) to evaluate current water quality (Attachment 1 shows proposed sampling locations).
A Request for Proposal (RFP) was generated on March 26, 2009 and several responses were
received. A review team composed of Tom Davis, Water Resources Coordinator (ERCD); Terry
Hackett, Stormwater Resource Officer (Erosion Control Division); and Ren Ivins, Erosion
Control Supervisor, reviewed the proposals. All review team members are environmental
professionals with water quality experience. After evaluation, Desper Geosciences and
Education, LLC of Chapel Hill, NC was selected to perform the water quality monitoring as
described as well as complete a "presentation quality" final report based on the results of the
surface water quality sampling.
Attachment 2 is a contract between the County and the consultant for the completion of the
described project. The scope of services may be found in section 3 "Basic Services". The
review team considers the selected consultant to be a well qualified professional whose
proposal clearly indicates a full understanding of the plan to gather vital baseline data and
watershed analysis to aid. the County and Town with decisions in land use, planning, and
appropriate locations for possible stormwater retrofits to reduce pollutants.
FINANCIAL IMPACT: The project will cost $64, 336. However, there is no financial impact to
the County. Funds to pay for this project have already been collected from the Town of
Hillsborough per the Interlocal Agreement with the County's Erosion Control Division. These
funds are noted in the multi year contract budgeted by the division and are earmarked for this
purpose and contract.
RECOMMENDATION(S): The Manager recommends the Board approve the contract with
Desper Geosciences Consulting & Education, LLC to conduct surtace water quality monitoring
in the amount of $64,336 and authorize the Chair to sign the contract.
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Attachment 2
NORTH CAROLINA
SERVICES AGREEMENT OVER $25,000.00
RFP
ORANGE COUNTY
This Services Agreement (hereinafter "Agreement"), made and entered into this 2°d day of
March, 2010, by and between Orange County, North Carolina a body politic and corporate of the
State of North Carolina (hereinafter, the "County") and Desper Geoscience Consulting &
Education, LLC, (hereinafter, the "Provider").
WITNESSETH:
That the County and Provider, for the consideration herein named, do hereby agree as
follows:
1. Services
a. Scope of Work.
i) This Services Agreement ("Agreement") is for professional services to be
rendered by Provider to County with respect to: Surface water quality monitoring
ii) By executing this Agreement, the Provider represents and agrees that Provider is
qualified to perform and fully capable of performing and providing the services
required or necessary under this Agreement in a fully competent, professional and
timely manner.
iii) Time is of the essence with respect to this Agreement.
iv) The services to be performed under this Agreement consist of Basic Services, as
described and designated in Section 3 hereof. Compensation to the Provider for
Basic Services under this Agreement shall be as set forth herein.
2. Responsibilities of the Provider
a. Services to be provided. The Provider shall provide the County with all services
required in Section 3 to satisfactorily complete the Project within the time limitations set
forth herein and in accordance with the highest professional standards.
b. Standard of Care.
i) The Provider shall exercise reasonable care and diligence in performing services
under this Agreement in accordance with the highest generally accepted standards
of this type of Provider practice throughout the United States and in accordance
with applicable federal, state and local laws and regulations applicable to the
performance of these services. Provider is solely responsible for the professional
quality, accuracy and timely completion and/or submission of all work related to
the Basic Services.
4
Revised January 2010
5
ii) Provider shall be responsible for all errors or omissions, in the performance of the
Agreement. Provider shall correct any and all errors, omissions, discrepancies,
ambiguities, mistakes or conflicts at no additional cost to the County.
iii) The Provider shall not, except as otherwise provided for in this Agreement,
subcontract the performance of any work under this Agreement without prior
written permission of the County. No permission for subcontracting shall create,
between the County and the subcontractor, any contract or any other relationship.
iv) Provider is an independent contractor of County. Any and all employees of the
Provider engaged by the Provider in the performance of any work or services
required of the Provider under this Agreement, shall be considered employees or
agents of the Provider only and not of the County, and any and all claims that may
or might arise under any workers compensation or other law or contract on behalf
of said employees while so engaged shall be the sole obligation and responsibility
of the Provider.
v) Provider agrees that Provider, its employees, agents and its subcontractors, if any,
shall be required to comply with all federal, state and local antidiscrimination
laws, regulations and policies that relate to the performance of Provider's services
under this Agreement.
vi) If activities related to the performance of this Agreement require specific licenses,
certifications, or related credentials Provider represents that it and/or its
employees, agents and subcontractors engaged in such activities possess such
licenses, certifications, or credentials and that such licenses certifications, or
credentials are current, active, and not in a state of suspension or revocation.
3. Basic Services
a. Basic Services.
i) The Provider shall perform as Basic Services the work and services described
herein and as specified in the County's Request for Proposals "RFP Number 5152
for Proposal for Surface Water Quality Monitoring" issued March 26, 2009,
which is fully incorporated and integrated herein by reference together with
Attachment 1, a map of the proposed sampling locations. In the event a term or
condition in any attachment conflicts with a term or condition of this Agreement
the term or condition in this Agreement shall control. Should such conflict arise
the priority of documents shall be as follows: This Agreement, the County's RFP
together with attachments, and Provider's Proposal together with attachments.
ii) The Basic Services will be performed by the Provider in accordance with the
following schedule:
Revised January 2010 2
6
Task Milestone
1. The County's Water Resource Coordinator, Stormwater Within one
Resource Officer, and the Provider will conduct field month of
reconnaissance to determine exact sampling locations and GPS contract award.
each of the seven (7) proposed sites. If public access is not
possible then staff will assist Provider in obtaining permission
from the property owner and failing that, select a mutually
agreed to alternate sampling point. Sampling locations are listed
below.
2. Begin bi-weekly sampling to tota126 sampling events. Within one
month of
contract award
3. Given a bi-weekly sampling period, ten months will have two End of each
sampling events and two months will have three. A two (2) month
sample events/month will be invoiced for $4,718.15 and the
three (3) sample event months will be invoiced for $7,077.23.
4. Provider will submit a report of each sampling event and End of each
results. This will include a brief letter, copy of field book entries, month
laboratory report, copy of the chain of custody forms, and a copy
of the project Excel spreadsheet with current and historical
results. Analytical parameters are listed below.
5. Provider will complete a comprehensive final analytical and Within one
interpretive report. Upon completion and submittal of final month of final
report provider will submit final invoice for $3,000.00 for a total
project cost of $64,336.
Sampling Locations
• West Fork of Eno River immediately upstream of confluence of West and
East Forks
• East Fork of Eno River immediately upstream of confluence of West and East
Forks
• Seven Mile Creek immediately upstream of confluence with Eno River
• Eno .River immediately upstream of Town of Hillsborough WWTP
• Cates Creek immediately upstream of confluence with Eno River
• Eno River at downstream limits of Town of Hillsborough
• Strouds Creek immediately upstream of confluence with Eno River
Revised January 2010
7
Field Parameters
• PH using Standard Method 16 423
• Dissolved Oxygen using Standard Method 4500-O-G
• Conductivity using EPA Method 120.1
• Temperature using EPA Method 170.1
Laboratory Analytes
• Fecal coliform bacteria using Standard Method 9222D
• Fecal coliform bacteria using Standard Method 9222D
• Chlorophyll a using ASTM Method D37318 or EPA Method 445.0
• Total suspended solids using EPA Method 160.2
• Turbidity using EPA Method 180.1
• Ammonia using EPA Method 350.1
• Total Kjeldahl nitrogen using EPA Method 351.2
• Nitrate/nitrite-nitrogen using EPA Method 353.2
• Total phosphorus using EPA Method 365.1
iii) Should County reasonably determine that Provider has not met the Milestone
Dates established in Section 3(a)(ii), County shall notify Provider of the failure to
meet the Milestone Date. The County, at its discretion may provide the Provider
seven (7) days to cure the breach. County may withhold the accompanying
payment without penalty .until such time as Provider cures the breach. In the
alternative, upon Provider's failure to meet any Milestone Date the County may
modify the Milestone Date schedule. Should Provider or its representatives fail to
cure the breach within seven (7) days, or fail to reasonably agree to such modified
schedule, County may immediately terminate this Agreement in writing, without
penalty or incurring further .obligation to Provider. This section .shall not be
interpreted to limit the definition of breach to the failure to meet Milestone Dates.
4. Duration of Services
a. Term. The term of this Agreement shall be from March 2010 to March 2011.
b. Scheduling of Services
i) The Provider shall schedule and perform his activities in a timely manner so as to
meet the Milestone Dates listed in Section 3.
ii) Should the County determine that the Provider is behind schedule, it may require
the Provider to expedite and accelerate his efforts, including providing additional
resources and working overtime, as necessary, to perform his services in
accordance with the approved project schedule at no additional cost to the
County.
Revised January 2010 4
8
iii) The Commencement Date for the Provider's Basic Services shall be with in one
month of contract approval.
5. Compensation
a. Compensation for Basic Services. Compensation for Basic Services shall include all
compensation due the Provider from the County for all services under this Agreement..
The maximum amount payable for Basic Services is Sixty four thousand three hundred
and thirty six Dollars ($64,336). In the event the amount stated on an invoice is disputed
by the County, the County may withhold payment of all or a portion of the amount stated
on an invoice until the parties resolve the dispute. Payment for Basic Services shall
become due and payable in direct proportion to satisfactory services performed and work
accomplished. Payments will be made as percentages of the whole as Project milestones
as set out in Section 3(a)(ii) are achieved.
b. Additional Services. County shall not be responsible for costs related to any services in
addition to the Basic Services performed by Provider unless County requests such
additional services in writing and such additional services are evidenced by a written
amendment to this Agreement.
6. Responsibilities of the County
a. C Operation and Coordination. The County has designated the Erosion Control
Supervisor to act as the County's representative with respect to the Project and shall have
the authority to render decisions within guidelines established by the County Manager
and/or the County Board of Commissioners and shall be available during working hours
as often as may be reasonably required to render decisions and to furnish information.
7. Insurance
a. General Requirements. The Provider shall purchase and maintain and shall cause each of
his subcontractors to purchase and maintain, during the period of performance of this
Agreement:
i) Worker's Compensation Insurance for protection from claims under workers' or
workmen's compensation acts;
ii) Comprehensive General Liability Insurance covering claims arising out of or
relating to bodily injury, including bodily injury, sickness, disease or death of any
of the Provider's employees or any other person and to real and personal property
including loss of use resulting thereof;
iii) Comprehensive Automobile Liability Insurance, including hired and non-owned
vehicles, if any, covering personal injury or death, and property damage; and
iv) Professional Liability Insurance, covering personal injury, bodily injury and
property damage and claims arising out of or related to the performance under this
Agreement by the Provider or his agents, Providers and employees.
Revised January 2010
b. Insurance Ratin;?. The minimum insurance rating for any company insuring the Provider
shall be Best's A.
c. Limits of Coverage. Minimum limits of insurance coverage shall be as follows:
INSURANCE DESCRIPTION MINIMUM REQUIRED COVERAGE
• Worker's Compensation Limits for Coverage A -Statutory State of N.C.
Coverage B -Employers Liability
$500,000 each accident and policy limit and disease each
employee
• Commercial General Liability $1,000,000 Each Occurrence; $2,000,000 Aggregate.
• Automobile Liability Combined Single Limit $500,000
• Professional Liability $1 million each Occurrence
$2 million Aggregate
d. Additional Insured. All insurance policies (with the exception of Worker's
Compensation and Professional Liability) required under this Agreement shall name the
County as an additional insured party. Evidence of such insurance shall be furnished to
the County, together with evidence that each policy provides the County with not less
than thirty (30) days prior written notice of any cancellation, non-renewal or reduction
of coverage.
8. Indemnity
a. Indemnity. The Provider agrees to defend, indemnify and hold harmless the County
from all loss, liability, claims or expense, including attorney's fees, arising out of or
related to the Project and arising from bodily injury including death or property damage
to any person or persons caused in whole or in part by the negligence or misconduct of
the Provider except to the extent same are caused by the negligence or willful
misconduct of the County. It is the intent of this provision to require the Provider to
indemnify the County to the fullest extent permitted under North Carolina law.
9. Amendments to the Agreement
a. Changes in Basic Services. Changes in the Basic Services and entitlement to additional
compensation or a change in duration of this Agreement shall be made by a written
Amendment to this Agreement executed by the County and the Provider. The Provider
shall proceed to perform the Services required by the Amendment only after receiving a
fully executed Amendment from the County.
9
Revised January 2010 6
~o
10. Termination
a. Termination for Convenience of the County. This Agreement may be terminated without
cause by the County and for its convenience upon seven (7) days prior written notice to
the Provider.
b. Other Termination. The Provider may terminate this Agreement based upon the County's
material breach of this Agreement; provided, the County has not taken all reasonable
actions to remedy the breach. The Provider shall give the County seven (7) days' prior
written notice of its intent to terminate this Agreement for cause.
c. Compensation After Termination.
i) In the event of termination, the Provider shall be paid that portion of the fees and
expenses that it has earned to the date of termination, less any costs or expenses
incurred or anticipated to be incurred by the County due to errors or omissions of
the Provider.
ii) Should this Agreement be terminated, the Provider shall deliver to the County
within seven (7) days, at no additional cost, all deliverables including any
electronic data or files relating to the Project.
d. Waiver. The payment of any sums by the County under this Agreement or the failure of
the County to require compliance by the Provider with any provisions of this Agreement
or the waiver by the County of any breach of this Agreement shall not constitute a
waiver of any claim for damages by the County for any breach of this Agreement or a
waiver of any other required compliance with this Agreement.
11. Additional Provisions
a. Limitation and Assi nment. The County and the Provider each bind themselves, their
successors, assigns and legal representatives to the terms of this Agreement. Neither the
County nor the Provider shall assign or transfer its interest in this Agreement without the
written consent of the other.
b. Governing Law. This Agreement and the duties, responsibilities, obligations and rights
of respective parties hereunder shall be governed by the laws of the State of North
Carolina.
Dispute Resolution. Any and all suits or actions to enforce, interpret or seek damages
with respect to any provision of, or the performance or non-performance of, this
Agreement shall be brought in the General Court of Justice of North Carolina sitting in
Orange County, North Carolina. It is agreed by the parties that no other court shall have
jurisdiction or venue with respect to such suits or actions. The Parties may agree to
nonbinding mediation of any dispute prior to the bringing of such suit or action.
Revised January 2010 7
11
d. Entire Agreement. This Agreement, together with the RFP and its attachments and the
Proposal and its attachments, represents the entire and integrated agreement between the
County and the Provider and supersedes all prior negotiations, representations or
agreements, either written or oral. This Agreement may be amended only by written
instrument signed by both parties. Modifications may be evidenced by facsimile
signatures.
e. Severability. If any provision of this Agreement is held as a matter of law to be
unenforceable, the remainder of this Agreement shall be valid and binding upon the
Parties.
f. Ownership of Work Product. Should Provider's performance of this Agreement generate
documents, items or things that are specific to this Project such documents, items or
things shall become the property of the County and may be used on any other project
without additional compensation to .the Provider. The use of the documents, items or
things by the County or by any person or entity for any purpose other than the Project as
set forth in this Agreement shall be at the full risk of the County.
g. Non-Appropriation. Provider acknowledges that County is a governmental entity, and
the validity of this Agreement is based upon the availability of public funding under the
authority of its statutory mandate.
In the event that public funds are unavailable and not appropriated for the performance of
County's obligations under this Agreement, then this Agreement shall automatically
expire without penalty to County immediately upon written notice to Provider of the
unavailability and non-appropriation of public funds. It is expressly agreed that County
shall not activate this non-appropriation provision for its convenience or to circumvent
the requirements of .this Agreement, but only as an emergency fiscal measure during a
substantial fiscal crisis.
In the event of a change in the County's statutory authority, mandate and/or mandated
functions, by state and/or federal legislative or regulatory action, which adversely affects
County's authority to continue its obligations under this Agreement, then this Agreement
shall automatically terminate without penalty to County upon written notice to Provider
of such limitation or change in County's legal authority.
h. Notices. Any notice required by this Agreement shall be in writing and delivered by
certified or registered mail, return receipt requested to the following:
Orange County
Attention:
P.O. Box 8181
Hillsborough, NC
27278
Provider's Name & Address
Revised January 2010 $
12
IN WITNESS WHEREOF, the Parties, by and through their authorized agents, have
hereunder set their hands and seal, all as of the day and year first above written.
ORANGE COUNTY: PROVIDER:
By: By.
Valerie Foushee, Chair John S. Desper, Principle
Orange County Board of Commissioners Federal Tax ID #: 16-1767170
Attest:
Donna Baker, Clerk to the Board
[SEAL]
This instrument has been approved as to technical content.
Craig Benedict, Department Director
This instrument has been pre-audited in the manner required by the Local Government Budget
and Fiscal Control Act.
Clarence G. Grier, Finance Director
This instrument has been approved as to form and legal sufficiency.
John L. Roberts, County Attorney
Revised January 2010 9
13
Attachment 3
DESPER GEOSCIENCE
C E CONSULTING Sc EDUCATION, LLC
Mr. Thomas Davis, L.G.
Water Resources Coordinator
Orange County Environment and Resource Conservation Department
306-A Revere Road
Hillsborough, NC 27278
Mr. David Cannell
Orange County Purchasing Department
PO Box 8181
Hillsborough, NC
Apri18, 2009
Dear Mr. Davis and Mr. Cannella
We are delighted to respond to your March 27, 2009, request for a proposal to complete
surface water quality monitoring at the following seven sites listed in your request:
• West Fork of Eno River immediately upstream of confluence of West and East
Forks
• East Fork of Eno River immediately upstream of confluence of West and East
Forks
• Seven Mile Creek immediately upstream of confluence with Eno River
• Eno River immediately upstream of Town of Hillsborough W WTP
• Cates Creek immediately upstream of confluence with Eno River
• Eno River at downstream limits of Town of Hillsborough
• Strouds Creek immediately upstream of confluence with Eno River
As we have discussed, our Senior Scientist Bill Kirby-Smith (Duke Marine Lab) and I
will complete the work if we are successful. As you know, Bill has over 30 years
experience in all phases of water quality monitoring and modeling, and I have 10 years
experience in water quality monitoring projects. All of our projects have been in the
academic setting funded by a variety of agencies including the US EPA, US Department
of Agriculture, NC Department of the Environment and Natural Resources, NC Division
of Water Quality, NC Shellfish Sanitation, WRRI, and others. Details are included on
our attached cv's. We would be delighted to share with you any of the reports we have
written at the conclusion of our projects.
PO Box 682 • Chapel Nill, North Carolina 27514 • PO Box 562 • Beaufort, North Carolina 28516
Phone (919) 630-9990 • Fax (419) 929-7658 • sdespergeoscience@nc.rrcom 1
14
We have included an Excel spreadsheet that details our charges for completing this
project. Pursuant to your request, we have chosen a North Carolina State Certified
Laboratory to process the laboratory analytes, Tritest Laboratory, Inc., at 6701
Conference Drive, Raleigh, NC, 27607. We have included their cost per analyte in the
enclosed Excel spreadsheet:
• Fecal coliform bacteria
• Chlorophyll a
• Total suspended solids
• Turbidity
• Ammonia
• Total Kjeldahl nitrogen
• Nitrate/nitrite-nitrogen
• Total Phosphorous
Our proposal is responsive to youx requirement to sample seven identified stream
locations every other week for one year. All of our field procedures and SOPS are in full
compliance with the standard procedures used by the NCDENR-Division of Water
Quality-Environmental Sciences Section, Ecosystems Unit, Ambient Monitoring System
as described in their Quality Assurance Plan. Our contract lab for processing samples is
Tritest Laboratory, Inc, in Raleigh, NC, and is fully accredited, certified, and approved
by the State of North Carolina and the EPA. Desper Geoscience Consulting staff are
trained at the masters or PhD level in marine ecology and water quality. All requested
insurance documentation will be supplied to your o$"ice.
We propose an initial site survey with you or your staff during which we can ensure we
have any additional relevant information you think important. At this time we can field
verify and GPS the exact sampling locations. Upon contract approval, we will establish
the sampling schedule with distribution to parties you deem appropriate. We will then
begin sampling per the schedule and continue to sample every other week for one
calendar year. Unusual weather events may require alteration of the sampling schedule by
one or two days. On each of the 26 sampling days, we will collect water samples for the
laboratory analytes listed in your RFP and in our Excel spread sheet. Samples will be
collected, prepared, and transported in timely compliance with the Ambient Monitoring
System Quality Assurance Plan. Chain of custody will be documented (sample form
enclosed). Field parameters (pH, DO, Conductivity, temperature) will be measured and
recorded at each site using approved and calibrated field instruments. Sampling activities
and environmental conditions will be recorded at each site, per sampling event, in a field
log book dedicated to this project. P~usuant to your request, each sampling day's
activities and results will be submitted to your office in the form of a brief letter, copy of
field book entries, report from Tritest, copy of the chain of custody forms, and a copy of
the project Excel spreadsheet with current and historical results. At your request, we will
2
15
complete a comprehensive final analytical and interpretive report at the end of the
sampling schedule.
We very much appreciate the opportunity to respond to your RFP. Please don't hesitate
to contact me if you need additional information or assistance. We look forward to the
opportunity to work with you and Orange County on this important project.
Sincerely,
Jo S.IJesper~
Principal and Owner
Desper Geoscience Consulting and Education, LLC
PO BOX 682
Chapel Hill, NC 27514
(919) 630-9990
16
JOHN STEVEN DESPER
507 Bolin Creek Drive
Carrboro, NC 27510
Home: (919) 942-5886
Cell: (919) 630-9990
sdespergeosciencenanc. rr.com
despe001 @mc.duke.edu
Professional Preparation
1975 BA., University of North Carolina at Chapel Hill
1'979 M.A.T., University of North Carolina at Chapel Hill
1997 M.S., Marine Ecology and Water Quality, Duke University
Professional Certifications
State of North Carolina Department of Public Instruction Certificate
Currently certified to teach English and science
Appointments
2006 Principal and Manager, Deeper Geoscience Consulting and Education, LLC
2003 Administrative Director, Outpatient Services, Duke Medical Center
1999 Research Associate, Duke University Nicholas School of the Environment Marine Lab
1992 Administrator of Cardiology Services, Duke Medical Center
1989 Director of Data Management and Quality Assurance, Interventional Cardiovascular
Experimental Program, Duke Medical Center
1987-88 Chair, Department of English, Culbreth School, Chapel Hill, NC
1978-88 Faculty, English and earth science, Culbreth School, Chapel Hill, NC
Principal/Manager, Deeper. Geoscience Consulting and Education, LLC
Administrative Director, Duke Cardiology/Heart Center Site-Based Research
Marine Science research and educational outreach, Duke Marine Lab
Science Education Consultant, Carteret County and Chapel Hill City Schools
Research and business adnvnistration, Division of Clinical Pharmacology, Division
Of Cardiology, and Duke Clinical Research Institute, Duke University Medical
Center, Durham, NC
Consultant, Synecor, LLC, Research Triangle Park, NC
Administrative Director
Division of Cardiology (75% effort) 2003-2006
Duke University Medical Center (DUNG), Durham, NC
Administrative responsibility for outpatieirt clinical programs and four separate
hospital and community-based clinics
Clinical operations, budget, operational and fmancial reporting, business plans, marketing,
information systems, planning ,renovations, patient education materials.
Research Associate
17
Nicholas School of the Environment Marine Laboratory, Duke University, Beaufort, NC
(30% effort) 1999-2006
Research focus on estuarine water quality and marine science educational outreach
Grant/proposal preparation as co-principle investigator, including experimental design, data
management and analysis
QA for laboratory procedures and water quality analysis
Preparation of manuscripts for publication inpeer-reviewed journals
Project specific supervision of laboratory/research technician.
Educational outreach with Chapel Frill City, Carteret and Durham County Public Schools-
supported by grants from the National Science Foundation and Burroughs Wellcome Fund
CoPI on grants from National Science Foundation, EPA, Burroughs Wellcome Fund
Administrator of Cardiology Services
Division of Cardiology, Duke University Medical Center (DUNG), Durham, NC
Administrative responsibility for Cardiology Associates of Duke, a twenty five member
ClinicaUacademic cardiovascular medical practice within Duke University Medical Center
Clinical operations, budget, HR, office operation, information systems, and planning
Member ofthe Duke Heart Center Operations and Planning Committee which is charged
with developing and improving delivery of surgical and medical cardiovascular care
Administrative member of the Angioplasty Care Map Team
Site Managing Editor-Interventional Cardiovascular Medicine: Principles and
Practece, by Gary S. Rubin, MD, PhD, Harry R Phillips, MD, William O'Neill, MD,
Robert Califf, MD, Richard S. Stack, MD, New York: Churchill Livingstone; 1993.
Research Analyst
Interventional Cardiovascular Program (ICP), Duke University Medical Center,
Durham, NC
Data Manager for ICP Experimental Lab, 1988-1989
Director of Quality Assurance and Regulatory Affairs
Liaison to DUMC Clinical Internal Review Board and DUMC and VA Hospital Research
Committees
Hosted routine FDA audit of clinical research project
Assisted Program Director with preparation of FDA Pre-Market Approval applications for
new interventional cardiovascular devices
Manuscript editor and manager- Instituted management plan for ICP manuscripts and
abstracts far major meetings and publication
Corporate Liaison- ICP liaison for experimental studies with three corporate research
partners. Protocol development, QA, and regulatory affairs
English, Science, and Photography Teacher
Chapel Hill - Carrboro City Schools, Chapel Hill, NC
Chairman, English Department, Culbreth School, Chapel Hill - Carrboro Schools
Supervised and evaluated six professional staff
Managed departmental budget
All certi.6cations current
18
Publications
Videograpby
1. Mullin CB, Desper JS, Lacey JH. 1976. Feasibility Study of 1n-Depth Accident
lm~estigation Teams. University of North Carolina Highway Safety Research Center,
Chapel Hill, NC.
2. Brooks P, and Desper S. Eighth Grade Honors English Curriculum. 1986. Chapel
HilUCarrboro City School System, Chapel Hill, NC.
3. Desper S. Seventh Grade Honors English Curriculum. 1987. Chapel Hill/Carrboro
City School System, Chapel Hill, NC.
4. Gammon RS, Chapman GD, Bauman RP, Muhlestein JB, Overman AB, Desper JS,
MacGregor DC, DeCoriolis PE, Stack RS. 1990. The Cordis balloon-expandable stent:
implantation features and long-term follow-up in an animal model. Circulation 82 (4) III-
541.
5. Chapman GD, Lim CS, Gammon RS, Culp SC, Desper JS, Bauman RP, Swain JL,
Stack RS. 1992. Gene transfer into coronary arteries of intact animals with a pereutaneous
balloon catheter. Circulation Research 71:27-33.
6. Kirby-Smith WW, Desper JS. 2005. Upper South River Watershed BMP
Demonstration Project: BMP Management Strategies and Their Effect on Fecal Coliform
Bacteria, Sediment, and Inorganic Nitrogen in Estuarine Receiving Waters. State of North
Carolina, Department of Environment and Natural Resources, Division of Water Quality,
EPA 319 Program, Raleigh, NC
7. Desper JS, Kirby-Smith W W, Levy J. 2006. Sources of fecal coliform bacteria in
Back Creek, a lateral estuary of the Neuse River in Carteret County, North Carolina. {Final
edit before submission to J. Applied Microbiology.)
8. Kirby-Smith WW, Desper JS. 2007. Watershed monitoring and TMDL modeling
techniques to assess bacterial loading in estuarine environments applied to improve
shellfish resource management programs. United States Department of Agriculture,
Washington, DC.
1. Desper JS, Bramlett J, producers & writers, North Carolina Water Quality:
Mountains to the Sea, case studzes for teachers, students, and citizens. 2005. UNC
Television and the Duke University Nicholas School of the Environment. Funded by North
Carolina Department of the Environment and Natural Resources, EPA 319 Program,
Raleigh, NC.
19
William W. Kirby-smith„ PhD.
Professor Emeritus of the Practice of Marine Ecology
Duke University Marine Laboratory
Division of Marine Science and Policy
Nicholas School of the Environment and Earth Sciences
EDUCATION
1964 A.B. Biology, University of the South, Sewanee, Tennessee
1970 PhD. Zoology, Duke University, Durham, North Carolina.
SOCIETIES
Ecological Society of America
Estuarine Research Federation
Society of wetlands Scientists
FIELDS OF EXPERTISE
Water quality impacts of agricultural runoff
Ecology of fecal coliform bacteria
Effects of land alterations on water quality
Ecology and feeding physiology of marine animals
Marine invertebrate zoology (ecology and systematics)
RECENT RESEARCH
2002-05. Upper South River Watershed BMP Demonstration Project: BMP
Management Strategies and Their Effect on Fecal Coliform Bacteria, Sediment
and Inorganic Nutrients in Estuarine Receiving Waters. NC Dept. Environment
and Natural Resources EPA319 Program
2003-06 Water Quality Monitoring of Wetlands Restoration at North River Farms.
North Carolina Coastal Federation.
2003-06 Water Quality Monitoring of wetlands Restoration at North River Farms. .
EPA funding to NC Dept. Environment and Natural Resources, Shellfish
Sanitation Branch.
2005-08 Development of fecal coliform TMDL's using Bayesian modeling and novel
molecular monitoring techniques. Newport River baseline monitoring component
of EPA funding by NC Dept. Environment and Natural Resources EPA 319
Program through a grant to Ken Reckhow (Duke University NSEES).
2006 - 08 Water Quality Monitoring for NCCF Hoop Pole Creek Storm water
Runoff Project. North Carolina Coastal Federation
2006 -10 water Quality Monitoring of Wetlands Restoration at North River Farms.
North Carolina Coastal Federation.
20
2007-10 An environmental pilot study to determine the causes of water quality
decline in Midden Creek, Carteret County, NC. With Mark Hooper, Hooper
Family Seafoods. NC fisheries Resource Grant.
RECENT CONSULTING
Consultant to Agropeco, SA, a Paraguay Soybean Farm on establishment of an
Ecological Reserve to protect 5000 hectare remnant of Atlantic Tropical Forest.
Consultant to Dare County NC Utilities Deparhnent on the impact of a desalinization
ocean outfall on benthic animals and periphyton
Consultant to the City of Ocracoke on the impacts of expansion of their reverse
osmosis plant.
Consultant to Hyde County on the biological impacts of a new reverse osmosis plant
in Engelhard
Consultant to Barton Development Group. Suggestions to protect water quality in
Bath Creek at the Bridgewater North development.
RECENT PEBLICATIONS
2001.Kirby-smith, W., Lebo, M., and R. Herrmann. Nekton variations in tributaries
along a hydrologically modified North Carolina estuary. Estuaries. 24(1): 59-68.
2003. Kirby-Smith, W., Lebo, M., anal R Herrmann. Importance of water quality to
nekton habitat use in a North Carolina branch estuary. Estuaries. 26 (~: 1480-1485
2006. Kirby-Smith, W, and Nancy M. White. Bacterial contamination associated
with estuarine shoreline development. Journal of Applied Microbiology. 100{4): 648
- 657.
RECENT ACI'IVIITES
Scientific Advisory Committee- UNC Coastal Studies Institute
Scientist Representative on the NCDWQ Neuse Basin Oversight Committee to
implement the Agricultural Nitrogen Reduction rules
NC Oyster Restoration Committee
NC Strategic Habitats Committee
TEACHING
Marine Ecology
Marine Invertebrate Zoology
Coastal Watershed Science and Policy